HomeMy WebLinkAboutOrdinance No. 214 WASTEWATER
Ordinance No. 214
FEBRUARY 7, 1992
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COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA
TABLE OF CONTENTS
INTRODUCTION AND SUMMARY . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 1
GENERAL PROVISIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
101. PURPOSE AND POLICY . . . . . . . . . . . . . . . . . . . . . . . . 3
102. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
103. CONFIDENTIAL INFORMATION . . . . . . . . . . . . . . . . . . . . . 13
104. TRANSFER OF PERMITS . . . . . . . . . . . . . . . . . . . . . . . . 14
105. EFFECT OF TRANSFER OF PERMITS . . . . . . . . . . . . . . . . . . . 14
106. AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
107. DELEGATION OF AUTHORITY . . . . . . . . . . . . . . . . . . . . . . 15
108. SIGNATORY REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . 15
ARTICLE 2
GENERAL PROHIBITIONS AND LIMITS ON DISCHARGES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
201. PROHIBITED DISCHARGES . . . . . . . . . . . . . . . . . . . . . . 16
202. PROHIBITION ON DILUTION . . . . . . . . . . . . . . . . . . . . . . 17
203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER . . . . . . . . . . . 17
204. PROHIBITION ON UNPOLLUTED WATER . . . . . . . . . . . . . . . . . 17
205. PROHIBITION ON RADIOACTIVE WASTES . . . . . . . . . . . . . . . . . 17
206. PROHIBITION ON THE USE OF GRINDERS . . . . . . . . . . . . . . 18
207. PROHIBITION ON POINT OF DISCHARGE . . . . . . . . . . . . . . . . . 18
208. PROHIBITION ON WASTEHAULER DISCHARGES . . . . . . . . . . . . 18
209. LIMITS ON WASTEWATER STRENGTH AND CHARACTERISTICS . . . . . . . . . 18
210. MASS EMISSION RATE DETERMINATION . . . . . . . . . . . . . . . . . 19
211. PROHIBITION ON MEDICAL WASTE . . . . . . . . . . . . . . . . . . . 20
212. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES . . . . . . 20
ARTICLE 3
DISCHARGE PERMITS, CHARGES, AND FEES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
301. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
302. CLASS I WASTEWATER DISCHARGE PERMITS . . . . . . . . . . . . . . . 22
302.1 Class I Wastewater Discharge Permit Application . . . . . . 23
302.2 Class I Permit Conditions, and Limits . . . . . . . . . . . 24
302.3 Class I Permit Fee . . . . . 25
302.4 Class I Permit Modification of Terms and Conditions . . . . 25
302.5 Class I Permit Duration and Renewal . . . . . . . . . . . . 26
302.6 Class I Permit Charge for Use . . . . . . . . . . . . . 26
303. CLASS II WASTEWATER DISCHARGE PERMITS . . . . . . . . . . . . . . 28
303.1 Class II Wastewater Discharge Permit Application . . . . . . 28
303.2 Class II Permit Conditions, and Limits . . . . . . . . . . . 29
303.3 Class II Permit Fee . . . . 30
303.4 Class II Permit Modification of Terms and Conditions . . . 30
303.5 Class II Permit Duration and Renewal . . . . . . . . . . . . 31
303.6 Class II Permit Charge for Use . . . . . . . . . . . . . . . 31
304. CLASS III WASTEWATER DISCHARGE PERMITS . . . . . . . . . . . . . . 33
304.1 Class III Wastewater Discharge Permit Application . . . . . 33
304.2 Class III Permit Conditions and Limits . . . . . . . . . . . 34
304.3 Class III Permit Fee 34
. . . . . . . . . . . . .
304. Class III Permit Modification of Terms and Conditions
304.5 Class III Permit Duration and Renewal . 35
304.6 Class III Permit Charge For Use . . . . . . . . . . . . . . 35
305. SPECIAL PURPOSE DISCHARGE PERMITS . . . . . . . . . . . . . . . . 36
305.1 Special Purpose Discharge Permit Application . . . . . . 37
305.2 Special Purpose Discharge Permit Conditions and
Limits . . . . . . . . . . . . 37
305.3 Special Purpose Discharge Permit Fee 37
305.4 Special Purpose Dishcarge Permit Modification Of Tema and
Conditions . 37
305.5 Special Purpose Discharge Permit Duration and Renewal . . . 38
305.6 Special Purpose Discharge Permit Charge for Use . . . . . . 38
306. WASTEHAULER DISCHARGE PERMIT . . . . . . . . . . . . . . . . . . . 38
306.1 Wastehauler Discharge Permit Application . . . . . 39
306.2 Waatehauler Discharge Permit Conditions and Limits . . . . . 39
306.3 Wastehauler Discharge Permit Fee . . 39
306.4 Wastehauler Identification Decal and Access Card Transfer 40
306.5 Wastehauler Discharge Permit Modification of Terms and
Conditions . . . . . 40
306.6 Wastehauler Discharge Permit Duration and Renewal . . . . . 40
306.7 Wastehauler Discharge Permit Charge for Use . . . . . . . . 40
307. TRANSPORTABLE TREATMENT UNIT (TTU) DISCHARGE PERMIT . . . . . . . . 40
307.1 TTU Discharge Permit Application . . . . . . . . . 40
307.2 TTU Discharge Permit Conditions and Limits . . . . . . . . . 41
307.3 TTU Discharge Permit Fee . . . . . . . . . . . . . . . . . . 42
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307.4 TTU Discharge Permit Modification of Terms and Conditions 42
307.5 TTU Discharge Permit Duration and Renewal . . . . . . . . . 42
308. LOCAL GOVERNMENT AGENCY EXEMPTION FROM CHARGES . . . . . . . . . . 42
309. EXCESS CAPACITY CHARGE . . . . . . . . . . . . . . . . . . . . . . 43
310. OUT OF DISTRICT PERMITS/DISCHARGERS . . . . . . . . . . . . . . . 43
ARTICLE 4
FACILITIES REQUIREMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
401. DRAWING SUBMITTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . 44
402. PRETREATMENT FACILITIES . . . . . . . . . . . . . . . . . . . 44
403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS . . . . 44
404. MONITORING/METERING FACILITIES . . . . . . . . . . . . . . . . . . 45
405. WASTE MINIMIZATION REQUIREMENTS . . . . . . . . . . . . . . . . . . 45
ARTICLE 5
MONITORING, REPORTING, NOTIFICATION,
AND INSPECTION REQUIREMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
501. MONITORING AND REPORTING CONDITIONS . . . . . . . . . . . . . . . . 46 _
501.1 Inspection and Sampling Conditions . . . . . . . . . . . . . 47
501.2 Right of Entry . . . . . . . . . . . . 47
501.3 Notification of Spill or Slug Loading . . . . . . . . . . . 47
501.4 Notification of Bypass . . . . . . . . . . . . . . . . . . . 48
ARTICLE 6
ENFORCEMENT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
600. PURPOSE AND SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . 49
601. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS . . . . . . . 50
602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES . . . . . . . . . . . . 50
602.1 Probation Order . . . . . . . 51
602.2 Enforcement Compliance Schedule Agreement (ECSA) . . . . . 52
603. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA) . . . . . . . . . . 53
604. PERMIT SUSPENSION . . . . . . . . . . . . . . . . . . . . . . . . . 53
605. PERMIT REVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . 55
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606. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS . . . . . . . . . 56
607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS . . . . . 57
608. INDUSTRIAL WASTE PASS THROUGH . . . . . . . . . . . . . . . . . . . 57
609. PUBLICATION OF VIOLATION . . . . . . . . . . . . . . . . . . . . . 57
610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE . . . . . . . . . 58
611. PUBLIC NUISANCE . . . . . . . . . . . . . . . . . . . . . . . . . . 58
612. TERMINATION OF SERVICE . . . . . . . . . . . . . . . . . . . . . . 58
613. EMERGENCY SUSPENSION ORDER . . . . . . . . . . . . . . . . . . . . 58
614. INJUNCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
615. CIVIL PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . 59
616. CRIMINAL PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . 62
617. APPEALS TO GENERAL MANAGER . . . . . . . . . . . . . . . . . . . . 62
618. APPEALS TO THE EXECUTIVE COMMITTEE . . . . . . . . . . . . . . 63
618.1 Appeal of Charges and Fees . . . . . . . . . . . . . . . . . 63
619. PAYMENT OF CHARGES linquent Ac . . . . . . . . . . . . 64
619.1 Collection of Decounts . . . . . . . . . . . . . 64
620. RECOVERY OF COSTS INCURRED BY DISTRICT . . . . . . . . . . . . . . 64
621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT . . . . . . . . . . . . 65
622. JUDICIAL REVIEW . . . . . . . . . . . . . . . . . . . . . . . . 66
ARTICLE 7
CONNECTION PERMITS/CAPITAL FACILITIES CONNECTION CHARGES -
. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 68
701. INTRODUCTION - ALL DISTRICTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
702. DISTRICT NO. 1 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 69
702. DISTRICT NO. 2 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 71
702. DISTRICT NO. 3 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 73
702. DISTRICT NO. 5 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 75
702. DISTRICT NO. 6 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 77
702. DISTRICT NO. 7 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 79
702. DISTRICT NO. 11 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . 81
702. DISTRICT NO. 13 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 83
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703. SANITARY SEWER SERVICE CHARGE . . . . . . . . . . . . . . . . . . . 85
704. EXCEPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
705. EXEMPTIONS AND APPEALS . . . . . . . . . . . . . . . . . . . . 85
706. CREDIT FOR INDUSTRIAL PERMITTEES . . . . . . . . . . . . . . . . . 85
ARTICLE 8
SEVERAEILITY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
801. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
ARTICLE 9
(RESERVED)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
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COUNTY SANITATION DISTRICTS OF ORANGE
COUNTY
WASTEWATER DISCHARGE REGULATIONS
INTRODUCTION AND BUMMARY
The County Sanitation Districts of Orange County (Districts) were formed during
1946-47, but did not commence operation until 1954 with the acquisition of
treatment facilities in Fountain Valley and completion of the treatment plant and
ocean outfall in Huntington Beach. Recognizing the need to control the quantity
and quality of wastewaters discharged to the sewerage facilities, the Districts'
Boards of Directors adopted their first Ordinance regulating the use of the
sewerage systems in February 1954. This Ordinance was later amended in February
1958 and again in April 1970. The 1970 revision formally established the
Districts' Industrial Waste Division (since renamed the Source Control Division)
for the purpose of issuing permits, setting flow and quality limits, monitoring
discharges to the system, and conducting enforcement activities.
The administrative procedures and use charges were modified with each revision,
but the basic quality requirements remained essentially unchanged until July 1,
1976, when the Ordinance was revised to include heavy metal limits. On July 1,
1983, the Ordinance was amended to include enforcement of the Environmental
Protection Agency'a Federal Categorical Pretreatment Standards and to modify some
of the non-compatible pollutant limits such as heavy metals. On September 8,
1989 the Ordinance was revised to clarify and streamline Districts' procedures.
This Ordinance sets forth uniform requirements for users of the Districts'
sewerage facilities and to enable the Districts to comply with all applicable
state and Federal laws including the Clean Water Act (33 U.S.C. 1251, at. seq. ),
and the General Pretreatment Regulations (40 CFR 403) . The objectives of this
Ordinance are:
o To ensure the Districts' compliance with the requirements of Federal,
state, and local regulatory agencies and the National Pollutant Discharge
Elimination System (NPDES).
o To prevent the introduction of pollutants into the Districts' sewerage
facilities which may interfere with District operations.
o To prevent the introduction of pollutants into the Districts' sewerage
facilities which may pace through the Districts' sewerage facilities,
inadequately treated, into receiving waters or otherwise be incompatible
with the sewerage facilities.
o To enforce Federal Categorical Pretreatment Standards.
o To ensure that the quality of the municipal sludge is maintained at a
level which allows its use and disposal in compliance with applicable
statutes and regulations.
o To improve the opportunity to recycle, reuse, and conserve non-renewable
resources.
o To require waste minimization and material substitution by ,industrial
ueera.
o To minimize the discharge of volatile organic compounds that separately or
collectively contribute to air emissions from the Districts' sewerage
facilities.
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o To prevent exposure of the Districts' employees to chemical hazards
created by industrial discharges.
o To require the reduction of water discharged to the Districts' sewerage
facilities.
o To establish an effective permitting, monitoring, and enforcement program
for the control of industrial wastewaters.
o To equitably allocate treatment costs.
This Ordinance shall apply to all users of the Districts' sewerage facilities.
The Ordinance authorizes the issuance of Wastewater Discharge permits; authorizes
monitoring, compliance, and enforcement activities; establishes administrative
review procedures; requires industrial user reporting; and provides for the
setting of fees for the equitable distribution of costs resulting from the
program established herein.
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ORDINANCE NO. 214
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 2 ESTABLISHING
WASTEWATER DISCHARGE REGULATIONS
AND REPEALING ORDINANCE NOS. 208.AND 212
x x x x • • • a x x x e • x x x x x • x
The Board of Directors of County Sanitation District No. 2 of Orange
County, California does hereby ORDAIN:
Section I: Wastewater Discharge Regulations governing the use of
District sewerage facilities are hereby enacted to provide:
ARTICLE 1
GENERAL PROVISIONS
101. PURPOSE AND POLICY
A. The purpose of this Ordinance is to provide for the maximum public
benefit from the use of District's facilities. This shall be
accomplished by regulating sewer use and wastewater discharges, by
providing equitable distribution of costs in compliance with
applicable Federal, State and local Regulations, and by providing
procedures that will allow the District to comply with
requirements placed upon the District by other regulatory
agencies. The revenues to be derived from the application of this
Ordinance shall be used to defray all costs of providing sewerage
service by the District, including, but not limited to,
administration, operation, monitoring, maintenance, financing,
capital construction, replacement and recovery, and provisions for
necessary reserves.
B. This Ordinance shall be interpreted in accordance with the
definitions set forth in Section 102. The provisions of the
Ordinance shall apply to the direct or indirect discharge of all
liquid wastes carried to facilities of the District.
C. To comply with Federal, State, and local policies and to allow
the District to meet applicable standards of treatment plant
effluent quality, sludge quality, and air quality, provisions are
made in this Ordinance for the regulation of wastewater discharges
to the public sewer. This Ordinance establishes quantity and
quality limits on all 'wastewater discharges which may adversely
affect the District's sewerage systems, processes, effluent
quality, sludge quality, air emission characteristics, or inhibit
the District's ability to beneficially reuse or dispose of its
sludge or meet sludge discharge criteria. It is the intent of
these limits to improve the quality of wastewater being received
for treatment and to encourage water conservation and waste
minimization by all users connected to a public sewer. It is the
District's intent to limit future increases in the quantity (mass
emission) of waste constituents being discharged. This Ordinance
also provides for regulation of the degree of waste pretreatment
required, the issuance of permits for wastewater discharge and
connections and other miscellaneous permits, and establishes
penalties for violation of the Ordinance.
D. Since the District is committed to a policy of wastewater
reclamation and reuse in order to provide an alternate source of
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water BupPly,'the implementation of programs for reclamation through
secondary and tertiary wastewater treatment processes may
necessitate more stringent quality requirements on wastewater
discharges. In the event that more stringent quality requirements
are necessary, the Ordinance will be amended to reflect those
changes.
E. Since the District is committed to a policy for the beneficial use
Of sludge, the implementation of programs to land-apply or provide
for the marketing and distribution of sludge may necessitate more
stringent quality requirements on wastewater discharges.
F. Since the District is also committed to meet applicable air quality
goals established by the South Coast Air Quality Management
District, more stringent quality requirements on wastewater
discharges may be required to meet such goals.
102. DEFINITIONS
A. Unless otherwise defined herein, terms related to water quality
shall be as adopted in the latest edition of Standard Methods for
the Examination of Water and Wastewater, published by the American
Public Health Association, the American Water Works Association and
the Water Pollution Control Federation.
The testing procedures for waste constituents and characteristics
shall be as provided in 40 CFR 136 (Code of Federal Regulations;
Title 40; Protection of Environment; Chapter I, Environmental
Protection Agency; Part 136, Test Procedures for the Analyses of
Pollutants) , or as specified.
Other terms not herein defined are defined as being the same as set
forth in the International Conference of Building Officials Uniform
Building Code, Current Edition.
1. Ad Valorem Tax shall mean that portion of the basic tax
allocated for the benefit of an individual District on the
assessed value of land and improvements within its boundaries,
exclusive of bonded indebtedness.
2. Assessed Value shall mean that portion of the total assessed
value of the land and improvements upon which taxes are
collected and allocated.
3. Biochemical Oxvoen Demand (HOD) shall mean the measure of
biodegradable organic material in domestic or other
wastewaters as represented by the quantity of oxygen utilized
over a period of five days at 20 degrees centigrade and as
determined by the appropriate testing procedures, and
expressed in terms of mass and/or concentration (pounds per
day or milligrams per liter (mg/L) ] .
4. Board shall mean the Board of Directors of the County
Sanitation District No. of Orange County, California.
References to the "Joint Boards of Directors" shall mean the
combined governing Boards of all Districts that are signatory
to the Joint Ownership, Operation and Construction Agreement
of July 1, 1985.
5. 11D&BS shall mean the intentional diversion of wastestreams
from any portion of an industrial user's treatment facility.
6. Capital Facilities Connection Charge shall mean the one-time
payment of a fee, imposed by the governing Board of the
4
District, to pay for the future costs of constructing new
sewerage collection, treatment, and disposal facilities; the
replacement, rehabilitation, or reconstruction of existing
facilities; and as a contributive share of the cost of the
existing facilities. Said charge shall be paid by all
property owners at the time they develop the property and
connect directly or indirectly to the District sewerage
facilities as a new system user. This charge, as set forth in
Article 7 of this Ordinance, is expressly authorized by the
provisions of California Health 6 Safety Code Sections 5471
and 5474.
7. Capital Facilities Replacement Service Charge shall mean a
charge imposed on a user of the treatment works, pursuant to
Sections 302.6(F)2, 303.6(F)2 or 304.6(B)2 of this Ordinance,
which may be used to recover the costs of operation and
maintenance, which charges shall be allocated to the
District's Operating Fund.
8. Charge For Use shall mean a charge established and levied by
the District upon residential, commercial and industrial user@
in proportion to the use of the treatment works by their
respective class, that provides for the operation and
maintenance expenses, capital facilities rehabilitation or
replacement, and adequate reserves for the sewage treatment
works.
9. Chemical Oxvaen Demand (COD1 shall mean the measure of
chemically oxidizable material in domestic or other
wastewaters as determined by appropriate testing procedures
and expressed in terms of milligrams per liter.
10. Class I User shall mean any user who discharges wastewater
that:
a) Is subject to Federal Categorical Pretreatment
Standards; or
b) averages 25,000 gallons per day or more of regulated
process wastewater; or
c) is determined by the General Manager to have a
reasonable potential for adversely affecting the
Districts' operation or for violating any pretreatment
standard, local limit, or discharge requirement; or
d) may cause, as determined by the General Manager, pass
through or interference with the District sewerage
facilities.
11. Class II User shall mean any industrial user whose charge for
use is greater than the ad valorem tax basic levy allocated to
theDistrict, exclusive of debt service, that discharges
wastes other than sanitary, and that is not otherwise required
to obtain a Class I permit.
12. Class III Use shall mean any user that discharges only
sanitary waste and whose charge for use is greater than the ad
valorem tax basic levy allocated to the District, exclusive of
debt service, and is not otherwise required to obtain a Class
I or Class II permit. Unless otherwise stipulated in the
permit, Class III users shall be considered discharging a
domestic waste equivalent for BOD and suspended solids.
13. Code of Federal Regulations (CPR) shall mean the codification
of the general and permanent regulations published in the
5
Federal Register by the executive departments and agencies of
the Federal Government.
14. Compatible Pollutant shall mean a combination of biochemical
oxygen demand, suspended solids, pH, fecal coliform bacteria,
plus other pollutants that the District's treatment facilities
are designed to accept and/or remove. Compatible pollutants
are non-compatible when discharged in quantities that have an
adverse effect on the District's system or NPDES permit, or
when discharged in qualities or quantities violating any
Federal Categorical Pretreatment Standard, local limit, Or
other discharge requirement.
15. Composite Sample shall mean a collection of individual samples
obtained at selected intervals based on an increment of either
flow or time. The resulting mixture (composite sample) forme
a representative sample of the wastestream discharged during
the sample period. Samples will be collected when
manufacturing, processing, or other industrial wastewater
discharge occurs.
16. Connection Permit shall mean a permit issued by the governing
District, upon payment of a capital facilities connection
charge, authorizing the permittee to connect directly to a
District sewerage facility or to a sewer which ultimately
discharges into a District sewerage facility.
17. CSDOC shall mean County Sanitation Districts of Orange County.
is. Cyanide, (Amenable) shall mean those cyanides amenable to
chlorination as described in 40 CFR 136.3.
19. Department Head shall mean that person duly designated by the
General Manager to direct the Source Control Division and
perform those delegated duties as specified in this Ordinance.
20. Develooment shall mean parcel of land on which dwelling unite,
commercial or industrial buildings or other improvements are
built.
21. Discharger shall mean any person who discharges or causes a
discharge of wastewater directly or indirectly to a public
sewer. Discharger shall mean the same as User.
22. District shall mean any individual or combination of
individual County Sanitation Districts No. 1, 2, 3, 5, 6, 7,
11, 13, or 14 of Orange County and shall include any Districts
that are formed after the effective date of this Ordinance
that are included in the Joint Administrative Organization.
The term includes the plural and/or the possessive where
appropriate.
23. District Seweraoe Facility or SVatem shall mean any property
belonging to the District used in the treatment, reclamation,
reuse, transportation, or disposal of wastewater, or sludge.
24. Division Head shall mean that person duly designated by the
General Manager to implement the District's Source Control
Program and perform the duties as specified in this Ordinance.
25. Domestic Wastewater shall mean the liquid and solid waterborne
wastes derived from the ordinary living processes of humans of
such character as to permit satisfactory disposal, without
special treatment, into the public sewer or by means of a
private disposal system.
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26. Dwelling Unit shall mean a single unit providing complete,
independent living facilities for one or more persons, which
may include permanent provisions for living, sleeping, eating,
cooking and sanitation.
For the purpose of this Ordinance, a mobile home shall be
considered as a Dwelling Unit. More than one Dwelling Unit
per structure and/or lot shall be deemed multiple Dwelling
Units.
27. Enforcement Compliance Schedule Agreement fECSAI shall mean a
mutual agreement between the District and permittee amending
the permit to require implementation of necessary pretreatment
practice■ and/or installation of equipment to ensure permit
compliance.
26. Executive committee shall mean the Executive Committee of the
combined governing Boards (Joint Boards of Directors) of all
Districts that are signatory to the Joint Ownership, Operation
and Construction Agreement of July 1, 1985.
29. Federal Categorical Pretreatment Standards shall mean any
regulation containing pollutant discharge limits promulgated
by the U.S. EPA in accordance with Sections 307(b) and (c) of
the Clean water Act (33 U.S.C. 1317) which apply to a specific
category of industrial users and which appear in 40 CPR
Chapter I, Subchapter N, Parts 405-471.
30. Federal Regulations shall mean any applicable provision of the
Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, Title 33, United States Code, Section
1251 and following, and any regulation promulgated by the
United States Environmental Protection Agency under Title 40
CFR implementing that act.
31. Floor Area shall mean the area included within the surrounding
exterior walls of a building or portion thereof, exclusive of
ramps, docks, vent shafts, and courts. The floor area of a
building, or portion thereof, not provided with surrounding
exterior walls shall be the usable area under the horizontal
projection of the roof or floor above.
32. Flow Monitoring Facilities shall mean equipment and structures
provided at the user's expense to measure, totalize, and/or
record, the incoming water to the facility or the wastewater
discharged to the sewer.
33. General Manager shall mean the individual duly designated by
the Board of Directors of the District to administer this
Ordinance (REFER TO SECTION 107) .
34. Grab Sample shall mean a sample taken from a waste stream on
a one-time basis without regard to the flow in the waste
stream and without consideration of time.
35. Industrial User shall mean any user that discharges industrial
wastewater.
36. Industrial Wastewater shall mean all liquid-carried wastes and
wastewater of the community, excluding domestic wastewater,
and shall include all wastewater from any producing,
manufacturing, processing, agricultural, or other operation.
These may also include wastes of human origin similar to
domestic wastewaters.
7
37. Infectious Waste shall mean materials which are likely to
transmit etiologic agents which cause, or significantly
contribute to the cause of, increased morbidity or mortality
of human beings, as more specifically set forth in Health and
Safety Code Section 25117.5.
38. Inspector shall mean a person authorized by the General
Manager to inspect any existing or proposed wastewater
generation, conveyance, processing, and disposal facilities.
39. Interference shall mean any discharge which, alone or in
conjunction with discharges from other sources, inhibits or
. disrupts the District's treatment processes or operations, or
its sludge processes, use, or disposal; or is a cause of
violation of the District's NPDES permit or prevents lawful
sludge use or disposal.
40. LEL (Lower Explosive Limit) shall mean the minimum
concentration of a combustible gas or vapor in air (usually
expressed in percent by volume at sea level) which will ignite
If an ignition source (sufficient ignition energy) is present.
41. Local Sewerinc Agency shall mean any public agency or private
corporation responsible for the collection and disposal of
wastewater to the District's sewerage facilities duly
authorized under the laws of the State of California to
construct and/or maintain public sewers.
42. Maior Violation shall mean a discharge over the permitted
discharge limit, as determined by the result of a composite
sample analysis, as follows:
a) a discharge exceeding a mass emission limit by 20% or
more, or
b) a discharge exceeding a concentration limit by 20% or
more, or
e) a pH discharge lees than 5.0.
43. Mass Emission Rate shall mean the weight of material
discharged to the sewer system during a given time interval.
Unless otherwise specified, the mass emission rate shall mean
pounds per day of a particular constituent or combination of
constituents.
44. May shall mean permissive.
45. Medical Waste shall mean the discharge of isolation wastes,
Infectious agents, human blood and blood byproducts,
pathological wastes, sharps, body parts, fomites, etiologic
agents, contaminated bedding, surgical wastes; potentially
contaminated laboratory wastes, and dialysis wastes.
46. Milligrams Per Liter (mo/L) shall mean a unit of the
concentration of water or wastewater constituent. It is 1
gram of the constituent in 1,000 liters of water. It has
replaced the unit formerly used, parts per million, to which
it is approximately equivalent in reporting the results of
water and wastewater analysis.
47. Minor Violation shall mean a discharge over the permitted
discharge limit as determined by the result of a composite
sample analysis, as follows:
8
a) a discharge exceeding a mass emission limit by lees than
20%, or
b) a discharge exceeding a concentration limit by lase than
20%, or
c) a pH discharge equal to or greater than 5.0, but lase
than 6.0, or
d) a pH discharge greater than 12.0.
48. National Pollutant Discharge Elimination System (NPDES) shall
mean the permit issued to control the discharge to surface
waters of the United States as detailed in Public Law 92-500,
Section 402.
49. New Construction shall mean any structure planned or under
construction for which a connection permit has not been
Issued.
50. New Source shall mean those sources that are new as defined by
40 CFR 403.3(k) as revised.
51. Non-Compatible Pollutant shall mean any pollutant which is not
a compatible pollutant as defined herein.
52. Normal Working Day shall mean the period of time during which
production or operation is taking place or any period during
which discharge to the Bawer is occurring.
53. Operation and Maintenance Service Charge shall mean a charge
imposed on a user of the sewerage facilities, pursuant to
Sections 302.6(F)l, 303.6(F)l or 304.6(e)l of this Ordinance,
which may be used to recover the Coate of operation and
maintenance, which charges shall be allocated to the
District's Operating Fund.
54. Ordinance shall mean that document entitled "Wastewater
Discharge Regulations" containing District requirements,
conditions, and limits for connecting and discharging to the
sewer system, as may be amended and modified.
55. pH shall mean both acidity and alkalinity on a scale ranging
from 0 to 14 where 7 represents neutrality, numbers lees than
7 increasing acidity, and more than 7 increasing alkalinity,
and is the logarithm of the reciprocal of the quantity of
hydrogen ions in moles per liter of solution.
56. Pass Through shall mean discharge through the Districts'
sewerage facilities to waters of the U.S. which, alone or in
conjunction with discharges from other sources, is a cause of
a violation of the Districts' NPDES permit.
57. Permittee shall mean a person who has received a permit to
discharge wastewater into the District's sewerage facilities
subject to the requirements and conditions established by the
District.
SS. Person shall mean any individual, partnership, firm,
association, corporation or public agency, including the State
of California and the United States of America.
59. Pesticides shall mean those compounds classified as ouch under
Federal or State law or regulations including, but not limited
to those listed in Section 209.8.4
9
60. Pollutant shall mean any constituent or characteristic of
wastewaters on which a discharge limit may be imposed either
by the District or the regulatory bodies empowered to regulate
the District.
61. Polychlorinated Biphenyls (PCBI shall mean those compounds
classified as such under Federal or State law including, but
not limited to those listed in Section 209.8.3
62. Pretreatment shall mean the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration
of the nature of pollutant properties in wastewater to a level
authorized by the District prior to discharge of the
wastewater into the District's system. The reduction or
alteration can be obtained by physical, chemical or biological
process, or process changes by other means.
63. Pretreatment Facility shall mean any works or devices that the
General Manager determines are appropriate to treat, restrict,
or prevent the flow of industrial wastewater prior to
discharge into a public sewer.
64. Priority Pollutants shall mean the most recently adopted list
of toxic pollutants identified and listed by EPA as having the
greatest environmental impact. They are classified as
non-compatible pollutants and may require pretreatment prior
to discharge in order to prevents
a) interference with the District's operation; or
b) sludge contamination; or
c) pass through into receiving waters or into the
atmosphere.
65. Public Agency shall mean the State of California and any city,
county, district, other local authority or public body of or
within this State.
66. Public Sewer shall mean a sewer owned and operated by the
District, a city or other local sewering agency which is
tributary to the Districts' sewerage facilities.
67. EM shall mean Resource Conservation and Recovery Act of 1976
(42 U.S.C. 6901, et seg. ) and as amended.
68. Reaulatory Agencies shall mean those agencies having
jurisdiction over the operation of the District including, but
not limited to, the following:
a) United States Environmental Protection Agency, Region
IX, San Francisco and Washington, DC (EPA).
b) California State Water Resources Control Board (SWRCS) .
c) California Regional Water Quality Control Board, Santa
Ana Region (RWQCB) .
d) South Coast Air Quality Management District (SCAQMD) .
e) California Department of Health Services (DOHS).
69. Regulatory Compliance Schedule Aareement IRCSAI shall mean an
agreement between the District and permittee requiring the
permittee to implement pretreatment practices and/or install
10
equipment to ensure compliance with future revised categorical
pretreatment standards or revised discharge limits.
70. Sample Point shall mean a location approved by the District,
from which wastewater can be collected that is representative
in content and consistency of the entire flow of wastewater
being sampled.
71. Sampling Facilities shall mean structure(*) provided at the
user's expense for the District or user to measure and record
wastewater constituent mass, concentrations, collect a
representative sample, or provide access to plug or terminate
the discharge.
72. Sanitary Waste shall mean domestic wastewater, human excrement
andgray water (household showers, dishwashing operations,
etc) .
73. Septic Waste shall mean any sewerage from holding tanks ouch
as chemical toilets, campers, trailers, and septic tanks.
74. Sew shall mean wastewater.
75. Sewerage Facilities or system shall mean any and all
facilities used for collecting, conveying, pumping, treating,
and disposing of wastewater and sludge.
76. 5 a11 means mandatory.
77. Significant Non-Compliance (SNC) shall mean the compliance
status of an industrial user who Is in violation of one or
more of the following criteria;
a) chronic violations of discharge limits. Defined as
occurring when 66 percent or more of all measurements
taken during a six-month period exceed the daily maximum
or the average limit for the same pollutant;
b) acute violations of discharge limits. Defined as
occurring when 33 percent or more of all measurements
taken during a six-month period equal or exceed the
product of the daily average 'maximum limit or the
average limit times the applicable Technical Review
Criteria (TRC) for BOD, TSS, fats, oil and grease. TRC
- 1.4 for BOD, TSS, fats, and oil and grease. The TRC
for all other pollutants except pH - 1.2.
c) any other violation of a pretreatment effluent limit
that the District determines has caused, 'either alone or
in combination with other discharges, interference or .
pass through;
d) any discharge of a pollutant that has caused imminent
endangerment to human health, welfare, or the
environment or has resulted in the Districts' exercise
of its emergency authorities;
e) exceeding by 90 days or more the scheduled date of a
compliance. schedule milestone contained in an ECSA,
RCSA, probation order, or other enforcement order, for
starting construction, completing construction, or for
attaining final compliance;
f) failure to provide required reports including but not
limited to periodic self-monitoring reports and reports
11
on compliance with compliance schedules within 30 days
of the due dater
g) failure to accurately report non-compliance with
discharge limits or any other requirements applicable to
the user pursuant to this Ordinance; or
h) any other violation or group of violations that the
District determines will adversely affect the operation
or implementation of the District's pretreatment
program. -
78. Slua Load shall mean a discharge that exceeds the prohibitions
stated in Section 209 and significantly exceeds the usual user
flow or pollutant loading, either mass or concentration.
79. Sludoe shall mean any solid, semi-solid or liquid decant,
subnate or supernate from a manufacturing process, utility
service, or pretreatment facility.
80. Special Purpose User shall mean any discharger who is granted
a Special Purpose Discharge Permit by the District to
discharge unpolluted water, storm runoff, or groundwater to
the District's sewerage facilities.
el. spent Solutions shall mean any concentrated industrial
wastewater.
82. Spill Containment shall mean a protection system installed by
the permittee to prohibit the discharge to the sewer of
non-compatible pollutants.
83. Standard Industrial Classification (S.I.C.) shall mean a
System of classifying industries as identified in the S.I.C.
Manuel, 1987, or subsequent edition, as prepared by the Office
of Management and Budget.
84. standard Methods shall mean procedures described in the
current edition of Standard Methods for the Examination of
Water and Wastewater, as published by the American Public
Health Association, the American Water Works Association and
Water Pollution Control Federation.
85. Suspended Solids shall mean any insoluble material contained
as a component of wastewater and capable of separation from
the liquid portion of said waste by laboratory filtration as
determined by the appropriate testing procedure and expressed
in terms of milligrams per liter.
86. Tax Credit shall mean that portion of the basic levy on the
discharger's County of Orange Ad Valorem Tax Bill allocated to
the District. The basic levy does not include taxes for
bonded indebtedness.
87. Total Organic Carbon ITOC) shall mean the measure of total
organic carbon in domestic or other wastewater as determined
by the appropriate testing procedure.
98. Unpolluted Water shall mean water to which no pollutant has
been added either intentionally or accidentally.
89. User Shall mean any person who discharges or causes a
discharge of wastewater directly or indirectly to a public
Sewer. User shall mean the same as Discharger or Industrial
User.
12
90. Waste shall mean sewage and any and all other waste
substances, liquid, solid, gaseous or radioactive, associated
with human habitation or of human or animal nature, including
such wastes placed within containers of whatever nature prior
to and for the purpose of disposal.
91. Waste Manifest shall mean that receipt which is retained by
the generator of hazardous wastes as required by the State of
California or the United States Government pursuant to RCRA,
or the California Hazardous Materials Act, or that receipt
which is retained by, the generator for recyclable wastes or
liquid non-hazardous wastes as required by the District.
92. Wastehauler shall mean any person carrying on or engaging in
vehicular transport of waste as part of, or incidental to, any
business for the purpose of discharging said waste into the
District's system.
93. Wastewater shall mean the liquid and water-carried wastes of
the community and all constituents thereof, whether treated or
untreated, discharged into or permitted to enter a public
sewer.
94. Wastewater Constituents and Characteristics shall mean the
individual chemical, physical, bacteriological, and
radiological parameters, including volume and flow rate and
such other parameters that serve to define, classify or
measure the quality and quantity of wastewater.
B. Words used in this Ordinance in the singular may include the plural
and the plural the singular. Use of masculine shall mean feminine
and use of feminine shall mean masculine. Shall is mandatory, may
is permissive or discretionary.
103. CONFIDENTIAL INFORMATION
All user information and data on file with the District shall be available
to the public and governmental agencies without restriction unless the
user specifically requests and is able to demonstrate to the satisfaction
of the District that the release of such information would divulge
information, processes or methods which would be detrimental to the user's
competitive position. The demonstration of the need for confidentiality
made by the permittee must meet the burden necessary for withholding such
information from the general public under applicable State and Federal
Law. Any such claim must be made at the time of submittal of the
information by marking the submittal "Confidential Business Information-
on each page containing such information. Information which is
demonstrated to be confidential shall not be transmitted to anyone other
than a governmental agency without prior notification to the user.
Information concerning wastewater quality and quantity will not be deemed
confidential.
13
104 . TRANSFER OF PERMITS
A. Permits issued under this Ordinance are for a specific user,, for a
specific operation at a specific location or for a specific
wastehauler, and create no vested rights.
1. No permit may be transferred to allow. & discharge to a public
sewer from a point other than the location for which the
permit was originally issued.
2. Except as expressly set forth herein, no permit for an
existing facility may be transferred to a new owner and/or
operator of that facility.
B. At least thirty (30) days prior to the sale or transfer of ownership
of any business operating under a permit issued by the District, the
permittee shall notify the District in writing of the proposed sale
or transfer. The successor owner shall apply to the District for a
new permit at least fifteen (15) days prior to the sale or transfer
of ownership in accordance with the provisions of this Ordinance.
A successor owner shall not discharge any wastewater for which a
permit is required by this Ordinance until a permit is issued by the
District to the successor owner.
C. Notwithstanding the foregoing, the District may, in its discretion,
allow the transfer of a permit to a new owner and/or operator, at
the same location for which the permit was originally issued, if:
1. The existing permittee and the proposed new owner and/or
operator provide the District with written notification of the
intended transfer at least thirty (30) days in advance of the
transfer date; and
2. The District approves, in writing, the permit transfer prior
to commencement of operations by the new owner and/or
operator.
D. The written notification of intended transfer shall be in a form
approved by the District and shall include a written certification
by the new owner and/or operator which:
1. States that the new owner or operator has no immediate intent .
to modify the facility's operations and/or processes;
2. Identifies the specific date on which the transfer is to
occur; and
3. Acknowledges that the new owner or operator is fully
responsible for complying with the tome and conditions of the
existing permit and all provisions of this Ordinance.
105. EFFECT OF TRANSFER OF PERMITS
Except as expressly net forth in Section 104.C. any permit which is
transferred to a new owner and/or operator or to a new facility is void.
106. AUTHORITY
The District is regulated by several agencies of the United States
Government and the State of California, pursuant to the provisions of
Federal and State Law. Federal and State Laws grant to the District the
authority to regulate and/or prohibit, by the adoption of ordinances or
resolutions, and by issuance of discharge permits, the discharge of any
14
waste, directly or indirectly, to the District's sewerage facilities.
Said authority includes the right to establish limits, conditions, and
prohibitions; to establish flow rates or prohibit flows discharged to the
District's sewerage facilities; to require the development of compliance
schedules for the installation of equipment systems and materials by all
users; and to take all actions necessary to enforce its authority, whether
within or outside the District's boundaries, including those users that
are tributary to the District or within areas for which the District has
contracted to provide sewerage services.
The District has the authority pursuant to California Health and Safety
Codes 5471 and 5474 to prescribe, revise, and collect all fees and charge
for service■ and facilities furnished by the District either within or
without its territorial limits.
107 . DELEGATION OF AUTHORITY
Whenever any power is granted to or a duty is imposed upon the General
Manager, the power may be exercised or the duty may be performed by any
person so authorized by the General Manager.
108. SIGNATORY REOUIREMENTS
Reports and permit applications required by this Ordinance shall contain
the following certification statement:
"I have personally examined and am familiar with the information submitted
in the attached document, and I hereby certify under penalty of law that
this information was obtained in accordance with the Federal Pretreatment
Requirements. Moreover, based upon my inquiry of those individuals
immediately responsible for obtaining the information reported herein, I
believe that the submitted information Is true, accurate, and ,complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment."
The statement shall be signed by an authorized representative of the
industrial user as defined in 40 CFR 403.12(1) (1-4) .
15
ARTICLE 2
GENERAL PROHIBITIONS AND LIMITS ON DISCHARGES
201. PROHIBITED DISCHARGES.
A. No person shall discharge or cause to be introduced a quantity or
quality of wastewater directly or indirectly to sewerage facilities
owned by or tributary to the District's sewerage facilities which
causes, or is capable of causing, either alone or by interaction
with other substancese
1. A fire or explosion.
2. Obstruction to the flow in the sewer system resulting in
. interference or damage to the sewerage facilities.
3. Danger to life or safety of any person.
6. Impairment of the effective maintenance or operation of the
sewerage system.
5. Toxic gases, vapors, or fumes within the sewerage facilities
in a quantity that may cause acute worker health and safety
problems.
6. Pass through or interference.
7. The Districts' effluent to fail a toxicity test.
B. The Districts' effluent or any other product of the treatment
process, residues, sludges or scums, to be unsuitable for
reclamation, reuse or disposal.
9. Discoloration, pass through, or any other condition which
affects the quality of the Districts' influent or effluent in
such a manner that. inhibits the Districts' ability to most
receiving water quality, sludge quality, or air quality
requirements established by Regulatory Agencies.
10. Excessive foaming in the sewerage facilities.
11. Conditions which violate any statute, regulation, or ordinance
of any public agency or Regulatory Agency having jurisdiction
over the operation of or discharge of wastewater through the
sewerage facilities.
B. No person shall discharge wastewater, delivered by vehicular
transport, rail car, or dedicated pipeline, directly or indirectly
to the Districts' sewerage facilities which wastewater contains any
substance that is defined as a hazardous waste by the Regulatory
Agencies.
C. No person shall transport waste from one location or facility to
another for the purpose of treating or discharging it directly or
indirectly to the Districts' sewerage system without written
permission from the District.
D. . No user shall increase the contribution of flow, pollutants, or
change thenature of pollutants where such contribution or change
does not meet applicable standards and requirements or where such
16
contribution would cause the District to violate any Federal,
State, or local regulatory permit.
202. PROHIBITION ON DILUTION
No user shall increase the use of water or in any other manner attempt to
dilute a discharge as a partial or complete substitute for treatment to
achieve compliance with this Ordinance and the user's permit or to ,
establish an artificially high flow rate for permit mass emission rates.
. 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER
A. No person shall discharge groundwater, surface runoff, or subsurface
drainage directly or indirectly to the District's sewerage
facilities except as provided herein. Pursuant to Section 305, at
seq., the District may approve the discharge of such water only when
no alternate method of disposal is reasonably available or to
mitigate an environmental risk or health hazard.
B. The discharge of such waters shall require a Special Purpose
Discharge Permit from the District.
C. If a permit is granted for the discharge of such water into a public
sewer, the user shall pay the applicable charges established herein
and shall meet such other conditions as required by the District.
204. PROHIBITION ON UNPOLLUTED WATER
A. No person shall discharge unpolluted water such as single pass
cooling water directly or indirectly to the District's sewerage
facilities except as provided herein. Pursuant to Section 305, et
seq. , the District may approve the discharge of such water only when
no alternate method of disposal or reuse is reasonably available or
to mitigate an environmental risk or health hazard.
B. The discharge of such waters shall require a Special Purpose
Discharge Permit from the District.
C. If a permit is granted for the discharge of such water into a public
sewer, the user shall pay the applicable charges established herein
and shall meet such other conditions as required by the District.
205. PROHIBITION ON RADIOACTIVE WASTES
No person shall discharge radioactive waste unless:
A. The person is authorized to use radioactive materials by the State
Department of Health or other governmental agency empowered to
regulate the use of radioactive materials; and
B. The waste is discharged in strict conformity with current California
Radiation Control Regulations (California Code of Regulations, Title .
17) for safe disposal; and
C. The person is in compliance with all rules and regulations of all
other applicable regulatory agencies; and
D. The person has obtained a Class I permit from the District.
17
206. PROHIBITION ON THE USE OF GRINDERS
Waste from industrial or commercial grinders shall not be discharged into
a public sewer, except wastes generated in packing or preparing food or
food products. Such grinders must shred the waste to a degree that all
particles will be carried freely under normal flow conditions prevailing
In the public ewer.
207. PROHIBITION ON POINT OF DISCHARGE
No person, except local eewering agencies involved in maintenance
functions of sanitary Bawer facilities, shall discharge any wastewater
directly into a manhole or other opening in a sewer other than through an
approved building sewer, unless approved by the District upon written
application by the user and payment of the applicable fees and charges
established herein.
208. PROHIBITION ON WASTEHAULER DISCHARGES
A. No wastehauler shall discharge septic waste, cesspool wastes, wastes
from a vacuum pumping truck or other liquid waste transport vehicle,
without first obtaining both a valid Orange County Health Department
Permit and a CSDOC Wastehauler Permit as required by Section 306.
Such wastewaters shall be discharged only at a Location specified by
the District.
B. No wastehauler discharging septic waste, or sanitary waste shall
discharge constituents in excess of those specified In the
respective permit based on the Limits For Wastehaulere Discharging
Domestic Waste in Table I.
C. The discharge of industral wastewater . by any wastehauler is
prohibited unless written permission of the General Manager has been
obtained, the proper permits have been obtained, and the waste
meets Federal and State limits applicable to the user from which the
waste was obtained: or Local Discharge Limits as specified in Table
I, whichever are more stringent.
D. No wastehauler shall discharge directly or indirectly to the
sewerage facilities any material defined as hazardous waste by RCRA
or 40 CPR 261.
E. Upon request by the District, each wastehauler shall provide a waste
manifest documenting the source of all wastewater to be discharged
into the sewerage facilities.
209. LIMITS ON WASTEWATER STRENGTH AND CHARACTERISTICS
A. No person shall discharge wastewater in excess of either the
permitted mass emission rates established in accordance with Section
210 or the concentration limits set forth in Table I or the
discharge permit. Further, no person shall discharge wastewater in
excess of any applicable Federal or State discharge regulations.
B. No person .shall discharge wastewater:
1. Having a temperature higher than 140 degrees Fahrenheit, (60
degrees Centigrade) , or which causes the temperature at the
treatment plant to exceed 104 degrees Fahrenheit (40 degrees
Centigrade) .
2. Having a pH lees than 6.0 or greater than 12.0.
16
3. Containing polychlorinated biphenyle (PCBs) in excess of the
limit as shown in Table I. PCBs include, but are not limited
to the following: Aroclors 1016, 1221, 1228, 1232, 1242,
1248, 1254, 1260, and 1262.
4. Containing Pesticides in excess of the limit as shown in Table
I. Pesticides include, but are not limited to the following:
DDT (dichlorodiphenyltrichloro-ethane, both isomers), DDE
( d i c h l o r o d i p h e n y l - e t h y l e n e ) , D D D
(dichlorodiphenyldichloroethane) , Aldrin, Benzene Hexachloride
(alpha (a], beta (d), and gamma isomers), Chlordane, Endrin,
Endrin aldehyde, 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) ,
-toxaphene, a-endosulfan, fi-endosulfan, Endcsulfan sulfate,
Heptachlor, Heptachlor epoxide, Dieldrin, Demeton, Guthion,
Malathion, Methoxychlor, Mirex, and Parathion.
5. Having a maximum Biochemical Oxygen Demand (SOD) greater than
15,000 pounds per day; or exceeding a 30-day HOD average of
10,000 pounds per day.
6. Containing excessive flow or other materials, including, but
not limited to, ammonia, chemical oxygen demand, total organic
carbon, priority pollutants, suspended solids, oil and grease
of animal or vegetable origin, total dissolved solids, and
phenolic compounds, released in a discharge at a flow rate
and/or concentration which will cause problems, pass through,
or interference with the sewerage facilities.
7. Producing a gaseous mixture that is 10% or greater of the
lower explosive limit (LEL) or having a closed cup flashpoint
Of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21.
8. Containing material which will readily settle or cause an
obstruction to flow in the sewer resulting in interference,
such as, but not limited to, sand, mud, glass, metal filings,
diatomaceous earth, cat litter, asphalt, dead animals, wood,
bones, hair, and fleshings.
9. In violation of any applicable Federal Categorical
Pretreatment Standards, State standards or other local
regulations covering wastewater disposal or operations.
210. MASS EMISSION RATE DETERMINATION
A. Mass emission rates for non-compatible or compatible pollutants that
are present or anticipated in the user's wastewater discharge may be
set for each user and made an applicable part of each user's permit.
These rates shall be based on Table I. Local Discharge Limits, or
Federal Categorical Pretreatment Standards, and the user's average
daily wastewater discharge for the past three years, the most recent
representative data, or other data acceptable to the General
Manager.
B. To verify the user's operating data, the District may require a user _
to submit an inventory of all wastewater streams and/or records
indicating production rates.
C. The District may revise limits or mass emission rates previously
established in the discharger's permit at any time, based on:
current or anticipated operating data of the discharger or the
District; the Districts' ability to meet NPDES limits; or changes in
the requirements of Regulatory Agencies.
19
D. The excess use of water to establish an artificially high flow rate
for mass emission rate determination is prohibited.
211. PROHIBITION ON MEDICAL WASTE
A. No person shall discharge solid wastes from hospitals, clinics,
offices of medical doctors, convalescent homes, medical laboratories
or other medical facilities to the sewerage system including, but
not limited to, hypodermic needles, syringes, instruments, utensils
or other paper and plastic items of a disposable nature except where
prior written approval for such discharges is given by the General
Manager.
B. The District shall have the authority to require that any discharge
of an infectious waste to the sewer be rendered non-infectious prior
to discharge if the infectious waste is deemed to pose a threat to
the public health and safety, or will result in any violation of
applicable waste discharge requirements.
212. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES
Spent solutions, sludges, and materials of quantity or quality in
violation of, or prohibited by this Ordinance, or any permit issued
under this Ordinance must be disposed of in a legal manner at a
legally acceptable point of disposal as defined by the District or
appropriate Regulatory Agency. All waste manifests shall be
retained for a minimum of three years, and made available to the
District upon request.
20
TABLE I
COUNTY SANITATION DISTRICTS OF ORANGE COUNTY
LOCAL DISCHARGE LIMITS(a)
CONSTITUENT MILLIGRAMS/LITER
Arsenic 2.0
Cadmium 1.0
Chromium (Total) 2.0
Copper _ 3.0
Lead 2.0
Mercury 0.03
Nickel 10.0
Silver 5.0
Zinc 10.0
Cyanide (Total) 5.0
Cyanide (Amenable) 1.0
Polychlorinated Biphenyls 0.01
Pesticides 0.01
Total Toxic Organics 0.5E
Sulfide (Total) 5.0
Sulfide (Dissolved) 0.5
Oil and grease of mineral
or petroleum origin 100.0
LIMITS FOR
WASTEHAULERS DISCHARGING DOMESTIC WASTE
CONSTITUENT MILLIGRAMS/LITER
Cadmium 1.0
Chromium 2.0
Copper 25.0
Lead 10.0
Nickel 10.0
Zinc 50.0
(a) : Users subject to Federal Categorical Pretreatment Standards
may be required to meet more stringent limits.
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ARTICLE 3
DISCHARGE PERMITS, CHARGES, AND FEES
301. INTRODUCTION
A. To provide the maximum public benefit from the use of District
sewerage facilities, written authorization to use said facilities is
required. This written authorization shall be in the form of a
discharge permit. No vested right shall be given by issuance of
permits provided for in this Ordinance. The District reserves the
right to establish, by Ordinance or in Wastewater Discharge Permits,
more stringent standards or requirements on discharges to the
Districts' sewerage facilities if deemed by the General Manager
appropriate to comply with the objectives presented in the
Introduction and Summary of this Ordinance and the prohibitions and
limitations in Article 2.
B. The discharge permit shall be in one of six forms and is dependent
upon the type of discharger, volume, and characteristics of
discharge. The six discharge permits are:
1. Class I Wastewater Discharge Permit.
2. Class II Wastewater Discharge Permit.
3. Class III Wastewater Discharge Permit.
6. Special Purpose Discharge Permit.
S. Wastehauler Discharge Permit.
6. Transportable Treatment Unit Discharge Permit.
302 . CLASS I WASTEWATER DISCHARGE PERMITS
A. No user requiring a Class I permit shall discharge wastewater
without obtaining a Class I Wastewater Discharge Permit.
B. Class I Wastewater Discharge Permits shall be expressly subject to
all provisions of this Ordinance and all other regulations, charges
for use, and fees established by the District. The conditions of
Wastewater Discharge Permits shall be enforced by the District in
accordance with this Ordinance and applicable State and Federal
Regulations.
C. All Class I users proposing to discharge directly or indirectly into
the Districts' sewerage facilities shall obtain a wastewater
Discharge Permit by filing an application pursuant to Section 302.1
and paying the applicable fees pursuant to Section 302.3. For
purposes of this Ordinance, a Class I user is any user:
1. Subject to Federal Categorical Pretreatment Standards; or
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2. Discharging wastewater which averages 25,000 gallons per day
or more of regulated process water; or
3. Discharging wastewater determined by the Districts to have a
reasonable potential for adversely affecting the Districts'
operation or for violating any pretreatment standard, local
limits, or discharge requirement; or
4. Discharging wastewater which may cause, as determined by the
General Manager, pass through or interference with the
District's system.
302.1 Class I Wastewater Discharge Permit Application
A. Any person required to obtain a Class I Wastewater Discharge Permit
shall complete and file with the District, prior to commencing
discharge, an application on the form prescribed by the District.
The applicant shall submit, in units and terms appropriate for
evaluation, the following information:
1. Name, address, assessor's parcel number(s) , S.I.C. number(s),
description of the manufacturing process or service activity.
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recant Report of the Secretary of State;
Business License.
3. Volume of wastewater to be discharged.
4. Name of individual who can be served with notices other than
officers of corporation.
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account numbers.
7. Wastewater constituents and characteristics as required by
the District, including, but not limited to, those mentioned
in Section 210, Mass Emission Rate Determination, and Table I,
Local Discharee Limits, of this Ordinance. These constituents
and characteristics shall be determined by a laboratory
selected by the discharger and acceptable to the District.
8. Time and duration of discharge.
9. Number of employees and average hours of work per employee per
day.
10. . Waste minimization and water conservation practices.
11. Production records, if applicable.
12. Waste manifests, if applicable.
13. Landscaped area in square feet, if applicable.
14. Tons of cooling tower capacity, if applicable.
15. EPA Hazardous Waste Generator Number, if applicable.
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16. Any other information as specified.
B. Applicants may be required to submit site plans, floor plane,
mechanical and plumbing plane, and details to show all sewers, spill
containment, clarifiers, pretreatment equipment, and appurtenances
by size, location, and elevation for evaluation.
C. Applicants may also be required to submit information related to the
applicant's business operations, processes, and potential discharge
as may be requested by the District to properly evaluate the permit
application.
D. After evaluation of the data, the District may issue a Wastewater
Discharge Permit, subject to terms and conditions set forth in this
Ordinance and as otherwise determined by the General Manager to be
appropriate to protect the District's sewerage facilities.
E. The permit application may be denied if the applicant fails to
establish to the District's satisfaction that adequate pretreatment
equipment is included within the applicant's plans to ensure that
the discharge limits will be met or if, the applicant has, in the
past, demonstrated an inability to comply with applicable discharge
limits.
302.2 class I Permit conditions. and Limits
A. A Class I permit shall contain all of the following conditions or
limits:
1. Mass emission rates and concentration limits regulating
non-compatible pollutants.
2. Requirements to notify the District in writing prior to
modification to processes or operations through which
industrial wastewater may be produced.
3. Location of the user's on-Bite sampling point.
4. Requirements for submission of technical reports, production
data, discharge reports, and/or waste manifests.
S. Requirements for maintaining, for a minimum of three years,
plant records relating to wastewater discharge, and waste
manifests as specified by District.
6. Requirements to submit copies of tax and water bills.
B. A Class I permit may contain any of the following conditions or
limits:
1. Requirements for the user to construct and maintain, at his
own expense, appropriate pretreatment equipment, pH control,
flow monitoring facilities, and sampling facilities.
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3. Requirements to self-monitor.
4. Assumed values for ROD and suspended solids characteristics
that typify the discharger's effluent for determination of the
charge for use.
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5. Other terms and conditions which may be appropriate to ensure
compliance with this Ordinance.
6. Other terms and conditions determined by the General Manager
to be appropriate to protect the sewerage system.
302.3 Class I Permit Fee
A. The Class I permit fee shall be in an amount adopted by resolution
of the Board of Directors. The permit fee shall be payable at the
time a permit application is submitted for the issuance of a new
permit or a renewed permit. Payment of permit must be received by
the District prior to issuance of either a new permit or a renewed
permit. Permittee shall also pay any delinquent invoices in full
prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the
property owner may be conditioned upon depositing financial security
to guarantee payment of all annual fees and charges to be incurred,
in accordance with the provisions of Section 621. (E) of this
Ordinance.
302.4 Class I Permit modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the Bole determination by the General
Manager during the life of the permit based on;
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which
affect the District; or
4. A determination by the General Manager that such modification
is appropriate to further the objectives of this Ordinance.
B. New source indirect dischargers shall be required to install and
start up any necessary pollution control equipment before beginning
discharge, and comply with applicable Federal Categorical
Pretreatment Standards not to exceed thirty (30) days after the
commencement of discharge.
C. Permittee may request a modification to the terms and conditions of
an issued permit. The request shall be in writing stating the
requested change, and the reasons for the change. The Districts
shall review the request, make a determination on the request, and
respond in writing.
D. Permittee shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to
the effective date of. change. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
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302.5 Class I Permit Duration and Renewal
Class I permits shall normally be issued for a period not to exceed two
(2) years. At least 45 days prior to the expiration of the permit, the
user shall apply for renewal of the permit in accordance with the
provisions of this Article 3. _
302.6 Class I Permit Charge for Use
A. The purpose of a charge for use is to ensure that each recipient of
sewerage service from the District pays its reasonably proportionate
share of all the costs of providing that sewerage service. Charges
for use to recover the cost of conveying, treating, and disposing of
sewage in District facilities are exclusive of any fees levied by
local sewering agencies. The charge for use shall be based on the
total maintenance, operation, capital expenditures, and reserve
requirements for providing wastewater collection, treatment, and
disposal.
B. A discharger who is issued a Class I Wastewater Discharge Permit
under the provisions of this ordinance shall pay a charge for use in
accordance with the formula contained herein and the unit charge
rates adopted annually by resolution of the Board of Directors.
These fees shall be invoiced on a quarterly basis. The quarterly
invoice shall be based upon an estimate of the annual use as
determined by the District. Annually, the District shall compute
the charge for use based upon actual use for the preceding 12-month
period on an annual reconciliation statement. The charge for use is
payable within forty-five (45) days of invoicing by the District.
A credit will be allowed for the annual ad valorem tax basic levy
allocated to the District for the property for which a permit has
been issued by the District. A credit will also be allowed for any
supplemental user fee adopted by the Board of Directors by separate
ordinance.
C. Current property tax bills shall be supplied by the permittee to the
District by May 31 of each year for use in determining the ad
valorem tax credit and/or the supplemental user fee credit. If the
tax bills are not supplied, the District will endeavor to obtain the
data. Data obtained by the District will be considered correct and
will not be adjusted before the next annual reconciliation
statement. There shall be 'a fee levied for District administrative
costs when ad valorem property tax or supplemental user fee data
are obtained by the District. The amount of the fee shall be
adopted by the District's Board of Directors.
D. So the District may determine actual annual water use, the user
shall provide to the District copies of its water bills. If these
water bill copies are not received by July 31 of each year for the
12-month period ended closest to June 30, the District will endeavor
to obtain the water use data. Data obtained by the District will
be considered correct and will not be adjusted before the next
annual reconciliation statement. There shall be a fee levied for
District administrative costa when water use data is obtained by the
District. The amount of the fee shall be adopted by the District's
Board of Directors.
E. The charge for use shall be computed by the following formula:
Charge for Use - V.V + B,B + S.S - Tax Credit
Where V . total annual volume of flow, in millions of gallons
B . total annual discharge of biochemical oxygen demand, in
thousands of pounds
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S - total annual discharge of suspended solids, in thousands of
pounds
V„B„S, = unit charge rates established and adopted by resolution
of the District's Board of Directors, based upon the funding
requirements of providing sewerage service, in dollars per unit as
described in Paragraph F below:
F. The unit charge rates in the charge-for-use formula shall be
determined by the following method:
1. An Operations and Maintenance Service Charge for the total
annual operation and maintenance funding requirements of the
sewerage system shall be allocated among the three wastewater
charge parameters of flow, biochemical oxygen demand and
suspended solids in accordance with the General Manager's
determination as to the costa associated with each parameter
and pursuant to applicable requirements of State and Federal
Regulatory Agencies. The operation and maintenance coats an
distributed to flow, biochemical oxygen demand and suspended
solids shall be divided by the projected annual total flow
volume and weights of biochemical oxygen demand and suspended
solids to be treated by the sewerage system in the budgeted
year.
2. A Capital Facilities Replacement Service charge for capital
replacement and capital improvement shall.be levied at a rate
to be determined annually the Board of Directors. This charge
shall be allocated among wastewater charge parameters of flow,
biochemical oxygen demand, and susspended solids in accordance
with the General Manager's determination of which portion of
the charge predominantly relates to each parameter. The
capital facilities charge distributed to biochemical oxygen
demand, and suspended solids shall be divided by the projected
annual weights of biochemical oxygen demand and suspended
solids to be treated by the sewerage system in the budgeted _
year.
3. The unit charge rates for each respective wastewater parameter
in (1) and (2) above shall be summed. The unit wastewater
charge rates so determined will be expressed in dollars per
million gallons for V„ and in dollars per thousand pounds for
B. and S..
G. Other measurements of the organic content of the wastewater of a
discharger, such as COD or TOC, may be used instead of BOD.
However, the discharger must establish to the General Manager's
satisfaction a relationship between the HOD of the wastewater and
the parameter of measure. This relationship shall be used by the
District in determining the charge for use.
When wastewater from sanitary facilities is discharged separately
from the other wastewater of a discharger, the charge for use for
discharging the sanitary wastewater may be determined by using the
following:
1. 25 gallons per employee per eight-hour working day.
2. HOD and suspended solids to be calculated at domestic
wastewater strength per employee per year.
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The number of employees will be considered as the average number of
people employed full-time on a daily basis. This may be determined
by averaging the number of people employed at the beginning and end
of each quarter, or other period that reflects normal employment
fluctuations.
303. CLASS II WASTEWATER DISCHARGE PERMITS
A. No user requiring a Class II permit shall discharge wastewater
without obtaining a Wastewater Discharge Permit.
B. Class II Wastewater Discharge Permits shall be expressly subject to
all provisions of this ordinance and all other regulations, charges
for use and fees established by the District. The conditions of
Wastewater Discharge Permits shall be enforced by the District in
accordance with this Ordinance and applicable State and Federal
Regulations.
C. All Class II users proposing to discharge directly or indirectly
into the District sewerage facilities shall obtain a Wastewater
discharge Permit by filing an application pursuant to Section 303.1
and paying the applicable fees pursuant to Section 303.3. For
purposes of this Ordinance, a Class II user is any user:
D. Whose charge for use is greater than the ad valorem tax basic
levy allocated to the District; and
2. Discharging waste other than sanitary; and
3. Not otherwise required to obtain a Class I permit.
303.1 Class II Wastewater Discharge Permit Application
A. Any person required to obtain a Class II Wastewater Discharge Permit
shall complete and file with the District, prior to commencing
discharge, an application on the form prescribed by the District.
The applicant shall submit, in unite and terms appropriate for
evaluation, the following information:
1. Name, address, assessor's parcel number(s) and S.I.C.
number(s); description of the manufacturing process or service
activity.
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State;
Business License.
3.. Volume of Wastewater to be discharged.
4. Name of individual who can be served with notices other than
officers of corporation.
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account numbers.
7. Wastewater constituents and characteristics as required by
the District, including, but not limited to, those mentioned
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in Section 210, Mass Emission Rate Determination, and Table I,
Local Discharge Limits of this Ordinance. These constituents
and characteristics shall be determined by a laboratory
selected by the discharger and acceptable to the District.
8. Time and duration of discharge.
9. Number of employees and average hours of work per employee per
day.
10. Waste minimization and water conservation practices.
11. Production records, if applicable.
12. Waste manifests, if applicable.
13. Landscaped area in square feet, if applicable.
14. Tone of cooling tower capacity, if applicable.
15. EPA Hazardous Waste Generator Number, if applicable.
16. Any other information as specified.
B. Applicants may be required to submit site plane, floor plane,
mechanical and plumbing plane, and details to show all sewers, spill
containment, clarifiers, pretreatment systems, and appurtenances by
size, location, and elevation for evaluation.
C. Applicants may also be required to submit other information related
to the applicant's business operations, processes, and potential
discharge as may be requested to properly evaluate the permit
application.
D. After evaluation of the data furnished, the District may issue a
Wastewater Discharge Permit, subject to terms and conditions set
forth in this Ordinance and as otherwise determined by the General
Manager to be appropriate to protect the District's system.
E. The permit application may be denied if the applicant fails to
establish to the Districts' satisfaction that adequate pretreatment
equipment is included within the applicant's plane to ensure that
the discharge limits will be met or if the applicant has, in the
past, demonstrated an inability to comply with applicable discharge
limits.
303.2 Class II Permit Conditions. and Limits
A. A Class II permit shall contain all of the following conditions or
limits:
1. Requirements to notify the District in writing prior to
modification to processes or operations through which
industrial wastewater may be produced.
2. Location of the user's on-site sample point.
3. Requirements for submission of technical reports, production
data, discharge reports, and/or waste manifests.
4. Requirements to submit copies of tax and water bills.
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B. A Class II permit may contain any of the following conditions or
limits:
1. Requirements for the user to construct and maintain, at his
own expense, appropriate pretreatment equipment, pH control,
flow monitoring and/or sampling facilities.
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3. Assumed values for BOD and suspended solids characteristics
that typify the discharger's effluent for determination of the
charge for use. '
4. Requirements to self-monitor.
5. Requirements for maintaining, for a minimum of three years,
plant records relating to wastewater discharge, and waste
manifesto as specified by District.
6. Other provisions which may be appropriate to ensure compliance
with this Ordinance.
7. Other terms and conditions determined by the General Manager
to be appropriate to protect the District's system.
303.3 Class II Permit Fee
A. The Class II permit fee shall be in an amount adopted by resolution
of the Board of Directors. The permit fee shall be payable at the
time a permit application is submitted for the issuance of a new
permit or a renewed permit. Payment of permit 'must be received by
the District prior to issuance of either a new permit or a renewed
permit. Permittee shall also pay any delinquent invoices in full
prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the
property owner may be conditioned upon depositing financial security
to guarantee payment of all annual fees and charges to be incurred,
in accordance with the provisions of Section 621. (E) of this
Ordinance. .
303.4 Class II Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the General
Manager during the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which
affect the District; or
4. A determination by the General Manager that such modification
is appropriate to further the objectives of this Ordinance.
B. The permittee shall request a modification to the terms and
conditions of an issued permit prior to increasing the contribution
of flow, pollutants, or changing the nature of pollutants where such
contribution or change will Cause the permittee to be in violation
30
of their permit or this Ordinance. The request Shall be in writing
stating the requested change, and the reasons for the change. The
District shall review the raqusst, make a determination on the
request, and respond in writing. The Districts' approval may be
granted or denied.
C. Permittee Shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (43) days prior to
the effective date of change. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
303.5 Class II Permit Duration and Renewal
Class II permits shall be issued for a period not to exceed three (3)
years. At least 45 days prior to the expiration of the permit, The user
shall apply for renewal of the permit in accordance with the provisions of
this Article 3.
303.6 Class II Permit Charge for Use
A. The purpose of a charge for use is to ensure that each recipient of
sewerage service from the District pays its reasonably proportionate
share of all the caste of providing that sewerage service. Charges
for use to recover the cost of conveying, treating, and disposing of
sewage in District sewerage facilities are exclusive of any fees
levied by local sewering agencies. The charge for use shall be
based on the total maintenance, operation, capital expenditures,
and reserve requirements for providing wastewater collection,
treatment, and disposal.
B. A discharger who In issued a Class II Wastewater Discharge Permit
under the provisions of this Ordinance shall pay a charge for use in
accordance with the formula contained herein and the unit charge
rates adopted annually by resolution of the Board of Directors.
These fees shall be invoiced on a quarterly basis. The quarterly
invoice shall be based upon an estimate of the annual use as
determined by the District. Annually, the District shall compute
the charge for use based upon actual use for the preceding 12-month
period on an annual reconciliation statement. The charge for use is
payable within forty-five (45) days of invoicing by the District.
" A credit will be allowed for the annual ad valorem tax basic levy
allocated to the District for the property for which a permit has
been issued by the District. A credit will also be allowed for any
supplemental user fee adopted by the Board of Directors by separate
ordinance.
C. Current property tax bills shall be supplied by the permittee to
the District by May 31 of each year for use in determining the ad
valorem tax credit and/or the supplemental user fee credit. If the
tax bills are not supplied, the District will endeavor to obtain the
data. Data obtained by the District will be considered correct and
will not be adjusted before the next annual reconciliation
statement. There shall be a fee levied for District administrative
costs when ad valorem property tax or supplemental user fee data In
obtained by the District. The amount of the fee shall be adopted by
the District's Board of Directors.
D. So the District may determine actual annual water use, the user
shall provide to the District copies of its water bills. If these
water bill copies are not received by July 31 of each year for the
12-month period ended closest to June 30, the District will endeavor
to obtain the water use data. Data obtained by the District will
31
be considered correct and will not be adjusted before the next
annual reconciliation statement. There shall be a fee levied for
District administrative costa when water use data is obtained by the
District. The amount of the fee shall be adopted by the District's
Board of Directors.
E. The charge for use shall be computed by the following formula:
Charge for Use = V,V + B,B + S.S - Tax Credit
Where V = total annual volume of flow, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in
thousands of pounds
S - total annual discharge of suspended solids, in .thousands of
pounds
Ve,B„Se = unit charge rates adopted annually by resolution of the
District's Board of Directors, based upon the funding requirements
of providing sewerage service, in dollars per unit as described in
Paragraph F below.
F. The unit charge rates in the charge for use formula shall be
established annually and shall be determined by the following
method:
1. An Operations and Maintenance Service Charge for the total
annual operation and maintenance funding requirements of the
sewerage system shall be allocated among the three wastewater
charge parameters of flow, biochemical oxygen demand and
suspended solids in accordance with the General Manager's
determination as to the costa associated with each parameter
and pursuant to applicable requirements of State and Federal
Regulatory Agencies. The operation and maintenance costs as
distributed to flow, biochemical oxygen demand and suspended
solids shall be divided by the projected annual total flow
volume and weights of biochemical oxygen demand and suspended
solids to be treated by the sewerage system in the budgeted
year.
2. A Capital Facilities Replacement Service Charge for capital
replacement and capital improvement shall be levied at a rate
to be determined annually by the Board of Directors. This
charge shall be allocated among the three wastewater charge
parameters of flow, biochemical oxygen demand and suspended
solids in accordance with the General Manager's determination
of which portion of the charge predominantly relates to each
parameter. The capital facilities charge distributed to
biochemical oxygen demand and suspended solids shall be
divided by the projected annual weights of biochemical oxygen
demand and suspended solids to be treated by the sewerage
system in the budgeted year.
3. The unit charge rates for each respective wastewater parameter
in (1) and (2) above shall be summed. The unit wastewater
charge rates so determined will be expressed in dollars per
million gallons for V„ and in dollars per thousand pounds for
B. and S..
G. Other measurements of the organic content of the wastewater of a
discharger, such as COD or TOO, may be used instead of BOD.
32
However, the discharger must establish to the General Manager's
satisfaction a relationship between the SOD of the wastewater and
the other parameter of measure. This relationship shall be used by
the District in determining the charge for use. When wastewater
from sanitary facilities is discharged separately from the other
wastewater of a discharger, the charge for use for discharging the
sanitary wastewater may be determined by using the following:
1. 25 gallons per employee per eight-hour working day.
2. SOD and suspended solids to be calculated at domestic
wastewater strength per employee per year.
The number of employees will be considered as the average
number of people employed full-time on a daily basis. This
may be determined by averaging the number of people employed
at the beginning and end of each quarter, or other period that
reflects normal employment fluctuations.
304. CLASS III WASTEWATER DISCHARGE PERMITS
A. No user requiring a Claee III permit shall discharge wastewater
without a Class III Wastewater Discharge Permit.
a. Class III Wastewater Discharge Permits shall be expressly subject to
all provisions of this Ordinance and all other regulations, charges
for use and fees established by the District. The conditions of
Wastewater Discharge Permits shall be enforced by the District in
accordance with this Ordinance and applicable State and Federal
Regulations.
C. All Class III users proposing to discharge into a public sewer shall
obtain a Wastewater Discharge Permit by filing an application
pursuant to Section 304.1 and paying the applicable fees pursuant to
Section 304.3 before discharging. For purposes of this Ordinance,
a Class III user is any user,
1. Discharging only sanitary waste; and
2. Not required to obtain a Class I or Class II permit; and
3. Whose charge for use is greater than the ad valorem basic levy
tax paid to the District.
D. unless otherwise stipulated in the permit, Class III users shall be
considered to discharge a domestic waste equivalent for SOD and
suspended solids.
304 . 1 Class III Wastewater Discharge Permit Application
A. Any person required to obtain a Class III Wastewater Discharge
Permit shall complete and file with the District, prior to
commencing discharge, an application on the form prescribed by the
District. The applicant shall submit, in units and terms
appropriate for evaluation, the following information:
1. Name, address, assessor's parcel number(a) , S.I.C. number(s), .
description of the manufacturing process or service activity.
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
33
Incorporation; most recent Report of the Secretary of State;
Business License.
3. Volume of wastewater to be discharged.
4. Name of individual who can be served with notices other than
officers of corporation.
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account numbers.
7. Time and duration of discharge.
e. Water conservation practices.
9. Tone of cooling tower capacity.
10. Number of employees and average hours of work per employee per
day.
11. Landscaped area in square feet, if applicable.
12. Any other information as specified.
B. Applicants may be required to submit site plane, floor plane,
mechanical and plumbing plane, and details to show all sewers, spill
containment, clarifiers, pretreatment systems, and appurtenances by
size, location, and elevation for evaluation.
C. Applicants may also be required to submit other information related J
to the applicant's business operations, processes, and potential
'discharge as may be requested to properly evaluate the permit
application.
D. After evaluation of the data furnished, the District may issue a
Wastewater Discharge Permit, subject to terms and conditions set
forth in this Ordinance and as otherwise determined by the General
Manager to be appropriate to protect the District's system.
304.2 Class III Permit Conditions and Limits
A. A Class III permit shall contain all of the following conditions or
limits:
1. Requirement to submit tax and water bills.
B. A Class III permit may contain any of the following conditions or
limits:
1. Assumed values for BOD and suspended solids characteristics
that typify the discharge's effluent for determination of the
charge for use.
2. Other terms and conditions which may be applicable to ensure
compliance with this Ordinance.
3. Other terms and conditions determined by the General Manager
to be necessary to protect the Districts' system.
304.3 Class III Permit Pee
A. The Class III permit fee shall be in an amount adopted by resolution
of the Board of Directors. The permit fee shall be payable within
34
forty-five (45) days of invoicing by the District. Payment of permit
fees must be received by the District prior to issuance of either a
new permit or a renewed permit. Permittee shall also pay any
delinquent invoices in full prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the
property owner may be conditioned upon depositing financial security
to guarantee payment of all annual fees and charges to be incurred,
in accordance with the provisions of Section 621. (E) of this
Ordinance.
304.4 Class III Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the District
during the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencieswhich
affect the District; or
4. A determination by the General Manager that such modification
is appropriate to further the objectives of this Ordinance.
B. Permittee may request a modification to the terms and conditions of
an issued permit. The request shall be in writing stating the
requested change, and the reasons for the change. The Districts
shall review the request, make a determination on the request, and
respond in writing.
C. Permittee shall be informed of any changes in the permit
limitations, conditions, or requirements at least forty-five (45)
days prior to the effective date of change. Any changes or new
.conditions in the permit shall include a reasonable time schedule
for compliance.
304.5 Class III Permit Duration and Renewal
Class III permits shall be issued for a period not to exceed three (3)
years. Upon expiration of the permit, the user shall apply for renewal of
the permit in accordance with the provisions of this Article 3.
304.6 Class III Permit Charge For Use
A. The purpose of a charge for use is to ensure that each recipient of
sewerage service from the District pays its reasonably proportionate
share of all Coate of providing that sewerage service. Charges for
use to recover the cost of conveying, treating, and disposing of
sewage in District's sewerage facilities are exclusive of any fees
levied by local sewering agencies. The charge for use shall be
based on the total maintenance, operation, capital expenditures, and
reserve requirements for providing wastewater collection, treatment,
and disposal.
B. A discharger who is issued a Class III wastewater Discharge Permit
under the provisions of this Ordinance shall pay a charge for use in
accordance with the provisions contained herein and the unit charge
rates adopted annually by resolution of the Board of Directors.
This charge shall be determined as follows:
1. An Operations and Maintenance Service Charge for the total
annual operation and maintenance funding requirements of the
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sewerage system established in the adopted budget shall be
allocated to a wastewater flow charge. The operation and
maintenance costs as distributed to flow shall be divided by
the projected annual flow volume to be treated by the sewerage
system in the budgeted year.
2. A Capital Facilities Replacement Service Charge for capital
replacement and capital improvements shall be levied at a rate
determined by the Board of Directors.
3. The charge rate for the wastewater parameter of flow as
determined in (1) and (2) above shall be summed, and the rate
so determined will be expressed in dollars per .million
gallons.
4. The District shall invoice the user on a quarterly basis in
accordance with policies and procedures adopted by the General
Manager. The quarterly estimated charge for use shall be - -
calculated by multiplying the charge rate as determined in (3)
above and the estimated volume of wastewater discharged.
Annually, the District shall compute the charge for use based
upon actual use for the preceding 12-month period on an annual
reconciliation statement. The charge for use is payable
within forty-five (45) days of invoicing by the District. A
credit will be allowed for the annual ad valorem tax basic
levy allocated to the District for the property for which a
permit has been issued by the District. A credit will also be
allowed for any supplemental user fee adopted by the Board of
Directors by separate ordinance.
C. Current property tax bills shall be supplied by the permittee to
the District by May 31 of each year for use in determining the ad
valorem tax credit and/or the supplemental user fee credit. If the
tax bills are not supplied, the District will endeavor to obtain the
data. Data obtained by the District will be considered correct and
will not be adjusted before the next annual reconciliation
statement. There shall be a fee levied for District administrative
costa when ad valorem property tax and/or supplemental user fee data
Is obtained by the District. The amount of the fee shall be adopted
by the District's Board of Directors.
D. So. the District may determine actual annual water use, the user
shall provide to the District copies of its water bills. If these
water bill copies are not received by July 31 of each year for the
12-month period ended closest to June 30, the District will endeavor
to obtain the water use data. Data obtained by the District will
be considered correct and will not be adjusted before the next
annual reconciliation statement. There shall be a fee levied for
District administrative costa when water use data is obtained by the
District. The amount of the fee shall be adopted by the ➢istrict's
Board of Directors.
305. SPECIAL PURPOSE DISCHARGE PERMITS
A. No user requiring a Special Purpose Discharge Permit shall discharge
wastewater without obtaining a Special Purpose Discharge Permit.
B. Special Purpose Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for
use, and fees established by the District. The conditions of
Wastewater Discharge Permits shall be enforced by the District in
accordance with this Ordinance and applicable State and Federal
Regulations.
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C. All Special Purpose Discharge Permit users proposing to discharge
directly or indirectly into the Districts' sewerage facilities shall
obtain a Wastewater Discharge Permit by filing an application
pursuant to Section 305.1 and paying the applicable fees pursuant to
Section 305.3. This discharge permit may be granted when no
alternative method of disposal is reasonably available, or to
mitigate an environmental risk or health hazard.
305.1 Special Purpose Discharge Permit Application
A. Applicants seeking a special purpose wastewater permit shall
complete and file with the District, prior to commencing discharge,
an application in the form prescribed by the District. This
application shall be accompanied by the applicable fees, plumbing
plane, a detailed analysis of the alternatives for water disposal,
or other data as needed by the District for review.
B. The permit application may be denied when the applicant has failed
to establish to the Districts' satisfaction that adequate
pretreatment equipment is included within the applicants' plans to -
ensure that the discharge limits will be met or that the applicant
has, in the past, demonstrated an inability to comply with
applicable discharge limits.
305.2 special Purnose Discharge Permit Conditions and
Limits
A. Discharge conditions and limits shall be no lees stringent than
Section 205, Limits on Radioactive Wastes; Section 209, Limits on
Wastewater Strength and Characteristics; Section 210, Mass Emission
Rate Determination, and Table I, Local Discharge Limits.
B. Monitoring requirements for the discharge shall be for those
non-compatible pollutants known to exist in the discharge. At least
one analysis prior to sewer discharge shall be performed for all
constituents contained in the most current Environmental Protection
Agency (EPA) "Priority Pollutant" List, excluding asbestos.
C. The District may specify and make part of each Special Purpose
Discharge Permit specific pretreatment requirements or other terms
and conditions determined by the General Manager to be appropriate
to protect the District's Sewerage Facility, the Local Sewering
Agency, to comply with Regulatory Agencies' requirements, to ensure
compliance with this Ordinance, and to assess user charges.
305.3 Special Purpose Discharge Permit Fee
The special purpose discharge permit fee shall be paid by the applicant in
an amount adopted by resolution of the Board of Directors. Payment of
permit fees must be received by the District prior to issuance of either
a new permit or a renewed permit. Each permittee shall also pay
delinquent invoices in full prior to permit renewal.
305.4 special Purpose Discharge Permit Modification of Terms and
Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the District
during the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
37
3. Changes in the requirements of Regulatory Agencies which
affect the District? or
4. A determination by the General Manager that such modification
Is appropriate to further the objectives of this Ordinance.
B. A permittee may request a modification to the terms and conditions
of an issued permit. The request shall be in writing stating the
requested change, and the reasons for the change. The District
shall review the request, make a determination on the request, and
respond in writing.
C. A permittee shall be informed of any changes in the permit at least
forty-five (45) days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable
time schedule for compliance.
305.5 Special Purpose Discharge Permit Duration and Renewal
Special purpose discharge permits shall be issued for a period not to
exceed one (1) year, but may be renewed as determined by the General
Manager. Users seeking permit renewal shall comply with all provisions of
this Article 3.
305.6 Special Purpose Discharge Permit Charge for Use
A charge for use to cover all costs of the District for providing sewerage
service and monitoring shall be established by the General Manager. A
deposit determined by the General Manager to be sufficient to pay the
estimated charges for use shall accompany the Special Purpose Discharge
Permit application, and said deposit shall be applied to the charges for
use.
306. WASTERAULER DISCHARGE PERMIT
A. waetehauler Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all 'other regulations, charges for
use, and fees established by the District. The conditions of
waetehauler discharge permits shall be enforced by the District in
accordance with this Ordinance and applicable State and Federal
Regulations.
B. A waetehauler proposing to discharge waste into the District
disposal station shall obtain both a valid Orange County Health
Department Permit (where applicable), and a CSDOC Wastehauler
Permit.
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306.1 Wastehauler Discharge Permit Application
A. No waetehauler shall discharge wastewater without a Wastehauler
Discharge Permit.
B. Any person required to obtain a Wastehauler Discharge Permit shall
complete and file with the District prior to commencing discharge,
an application in a form prescribed by the District. This
application shall be accompanied by the applicable fees. The
applicant shall submit, in unite and terms appropriate for
evaluation, the following information:
1. Name, address, telephone number, and description of the
industries, or clients using the applicant's services.
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of the company; Articles
of Incorporation; most recent Report of the Secretary of
State; Business License.
3. Name and address of leaseholder of the vehicle or trailer, if
applicable.
4. Number of trucks and trailers and the license numbers and tank
hauling capacity of each.
5. A copy of the applicant's Orange County Health Department
Permit.
C. other information related to the applicant's business operations and
potential discharge may be requested to properly evaluate the permit
application.
D. After evaluation of the data furnished, the District may issue a
waetehauler discharge permit, subject to terms and conditions set
forth in this Ordinance and as otherwise determined by the General
Manager to be appropriate to protect the District's system.
306.2 Wastehauler Discharge Permit Conditions and Limits
The issuance of a waetehauler permit may contain any of the following
condition. or limits:
A. Limits on discharge of heavy metals and other priority pollutants.
B. Requirements for maintaining and submitting wastehauling records and
waste manifests.
C. Additional requirements as otherwise determined to be appropriate by
the General Manager to protect the District's system or as specified
by other Regulatory Agencies.
D. Other terms and conditions which may be applicable to ensure
compliance with this Ordinance.
306.3 Wastehauler Discharge Permit Fee
The waetehauler discharge permit fee shall be paid by the applicant in an
amount adopted by resolution of the Boards of Directors. Payment of
permit fees must be received by the District prior to issuance of either
a new permit or a renewed permit. A permittee shall also pay any
delinquent invoices in full prior to permit renewal.
39
306.4 Wastehauler Identification Decal and Access Card Transfer
A. The identification decal is non-transferable.
B. The gate access card is issued to a specific permitted vehicle and
is non-transferable unless previously authorised in writing by the
District.
306.5 Wastehauler Discharge Permit Modification of Terms and
conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the District
during the life of. the permit based on:
1. , The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirement• of Regulatory Agencies which
affect the Dietrich or
4. A determination by the General Manager that such modification
is appropriateto further the objectives of this Ordinance.
B. Permittee may request a modification to the terms and conditions of
an issued permit. The request shall be in writing stating the
requested change, and the reasons for the change. The District
shall review the request, make a determination on the request, and
respond in writing.
C. Permittee shall be informed of any change in the permit limits,
conditions, or requirements at least forty-five (45) days prior to
the effective date of change. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
306.6 Wastehauler Discharge Permit Duration and Renegal
Wastehauler discharge permits shall be issued for a period not to exceed
one (1) year. Upon expiration of the permit, the user shall apply for
renewal of the permit in accordance with the provisions of Article 3.
306.7 Wastehauler Discharge Permit Charge for Use
A charge for use to cover all Coate of the District for providing the
disposal station service and monitoring shall be established by resolution
of the Board of Directors.
307. TRANSPORTABLE TREATMENT UNIT (TTU) DISCHARGE PERMIT
Any person intending to operate a TTU shall obtain a TTU Discharge Permit
prior to discharge into the Districts' sewerage system. TTU discharge
permits shall be expressly subject to all provisions of this Ordinance and
all other regulations, and fees established by the District. The
conditions of TTU discharge permits shall be enforced by the District in
accordance with this Ordinance and applicable State and Federal
Regulations.
307.1 TTU Discharge Permit Application
A. Any person required to obtain a TTU Wastewater Discharge Permit
shall complete and file with the District prior to commencing
discharge, an application in a form prescribed by the District.
40
This application shall be accompanied by the applicable fees. The
applicant shall submit, in units and terms appropriate for
evaluation, the following information:
1. Name, address, description of the service activity, copy of
the permit to operate issued by the State of California,
Department of Health Services.
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State;
Business License.
3. Volume of wastewater that can be processed by the applicant.
4. Name of individual, other than officers of corporation, who
can be served with notices.
5. Department of Motor Vehicles license plate number(s) .
6. EPA and State Identification Number.
B. Applicants may be required to submit mechanical and plumbing plane,
and details to show all spill containment, clarifiers and
appurtenances by size, location, and elevation for evaluation.
C. Applicants may be required to submit other information related to
the applicant's business operations and potential discharge may be
requested to properly evaluate the permit application.
D. After evaluation of the data furnished, the District may issue a
wastehauler discharge permit, subject to terms and conditions set
forth in this Ordinance and as otherwise determined by the General
Manager to be appropriate to protect the District's system.
E. The permit application may be, denied if the applicant fails to
establish to the Districts' satisfaction that adequate pretreatment
equipment is included within the applicants' plane to ensure that
the discharge limits will be met or if the applicant has, in the
past, demonstrated an inability to comply with applicable discharge
limits.
307.2 TTU Discharge Permit Conditions and Limits
The issuance of a TTU permit may contain any of the following conditions
or limits:
A. Mass emission rates or concentrations regulating heavy metals and
other priority pollutants.
B. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
C. Requirements to notify the District in writing 72 hours prior to the
discharge of any waste to the sewer.
D. Requirements for the user to construct and maintain, at his own
expense, pH control, flow monitoring, or sampling facilities.
E. Requirements for submission of technical reports, discharge reports,
wastehauling records, and waste manifests.
F. Requirements to self-monitor.
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c. Requirements for maintaining plant records relating to wastewater
discharge and waste manifests as specified by District.
U. Other terms and conditions which may be applicable to ensure
compliance with this Ordinance.
I. Other terms and conditions determined by the General Manager to be
appropriate to protect the Distrirt's system.
307.3 TTU Discharge Permit Fee
A. The TTU permit fee shall be in an amount adopted by resolution of
the Board of Directors. The permit fee shall be payable within
forty-five (45) days of invoicing by the District. Payment of
permit fees must be received by the District prior to issuance of
either a new permit or a renewed permit. Permittee shall also pay
any delinquent invoices in full prior to permit renewal.
B. Any permit issued may be conditioned upon depositing financial
security to guarantee payment of all annual fees and charges to be
incurred, in accordance with the provisions of Section 623. (E)*** of
this Ordinance.
307.4 TTU Discharge Permit Modifications of Tema and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the General
Manager during the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which
affect the District; or
4. A determination by the General Manager that such modification
is appropriate to further the objectives of this Ordinance.
B. The permittee shall request a modification to the terms and
conditions of an issued permit prior to increasing the contribution
of flow, pollutants, or changing the nature of pollutants where such
contribution or change will cause the permittee to be in violation
of their permit or this Ordinance. The request shall be in writing
stating the requested change, and the reasons for the change. The
District shall review the request. make a determination on the
request, and respond in writing. The Districts' approval may he
granted or denied. -
C. Permittee shall be informed of any change in the permit limits,
conditions, or requirements at least forty-five (45) days prior to
the effective date of change. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
307.5 TTU Discharge Permit Duration and Renewal
TTU permits shall be issued for a period not to exceed one (1) year.
308. LOCAL GOVERNMENT AGENCY EXEMPTION FROM CHARGES
A. No sewer use charges, as specified in Sections 302.6, 303.6, and
304.6 herein, shall be payable for the discharge of wastewater from
property within the District territorial boundaries owned or leased
by local public agencies, provided, that such property is not used
for proprietary purposes. If the District determines the local
public agency is placing a significant demand on the District's
sewerage system, it may rescind the exemption provided for herein
42
and assess a charge in an amount related to the coat to the District
of providing the service.
B. Local agencies, for purposes of this Section, shall include cities,
the county, special districts and school districts, but shall not
Include the United States Government or the State of California or
any agencies thereof.
C. This exemption applies only in those Districts which do not have a
Sanitary Sewer Service Charge established in accordance with Section
703.
309. EXCESS CAPACITY CHARGE
New developments or existing developments that expand operationsthat
require substantial sewerage facilities capacity may be subject to an
excess capacity facilities charge in an amount and method to be determined
by the Board of Directors on a case-by-case basis.
310. OUT OF DISTRICT PERMITS/DISCHARGERS
A. Industrial Wastewater Discharge Permits for dischargers located
outside of the District's service area but tributary to the
District's sewerage facilities, may be issued by a local eewering
agency after approval by the District. The District shall have the
right of inspection and sampling of the user's discharge to
determine compliance with industrial waste discharge regulations.
Such inspection and sampling will be performed under a coordinated
plan developed with the local agency. The more stringent of the
industrial waste discharge regulations and effluent limits of the
District and the local agency shall apply to the discharger.
B. Pursuant to Article 6 herein, the District shall have the right to
enforce the Federal Pretreatment Regulations, the provisions of this
Ordinance, and permit conditions and limits applicable to any person
located outside of the District's service area, but whose discharge
is tributary to the District's sewerage facilities.
C. The fees for use shall be determined by the District and set forth
in a use agreement with the local eewering agency.
43
ARTICLE 4
FACILITIES REQUIREMENTS
401. DRAWING SUBMITTAL REQUIREMENTS
Upon request by the District:
A. Applicants or users may be required to submit three copies of
detailed facility plane. The submittal shall be in a form and
content acceptable to the District for review of existing or
proposed pretreatment facilities, spill containment facilities,
monitoring facilities, metering facilities, and operating
procedures. The review of the plane and procedures shall in no way
relieve the user of the responsibility of modifying the facilities
or procedures in the future, as necessary to produce an acceptable
discharge, and to meet the requirements of this Ordinance or any
requirements of other Regulatory Agencies.
B. The drawing shall depict as a minimum the manufacturing process
(waste generating sources( , spill containment, monitoring or
metering facilities, and pretreatment facilities.
C. The applicant or user shall submit a schematic drawing of the
pretreatment facilities, piping and instrumentation diagram, and
wastewater characterization report.
D. Users and applicants may also be required to submit for review site
plane, floor plane, mechanical and plumbing plane, and details to
show all sewers, spill containment, clarifiers, and appurtenances by
size, location, and elevation for evaluation.
E. The District may require the drawings be prepared by a California
Registered Chemical, Mechanical, or Civil Engineer.
402. PRETREATMENT FACILITIES
A. All users shall provide wastewater acceptable to the District, under
the limits established herein before discharging to any public
sewer. Any facilities required to pretreat or transport wastewater
shall be provided and maintained by a qualified operator and in
proper operating condition at the user's expense.
B. All users may also be required by the District to submit waste
analysis plans, contingency plane, and meet other necessary
requirements to ensure proper operation of the pretreatment
facilities and compliance with permit limits and this Ordinance.
C. No user shall increase the use of water or in any other manner
attempt to dilute a discharge as a partial or complete substitute
for treatment to achieve compliance with this Ordinance and the
user's Permit.
403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL- SLUG CONTROL PLANS
A. All users shall provide spill containment for protection against
discharge of prohibited materials or other wastes regulated by this
Ordinance. Such protection shall be designed to secure the
discharges and to prevent them from entering into the system, in
accordance with reasonable engineering standards. Such facilities
shall be provided and maintained at the user's expense.
44
B. The General Manager may require any industrial user to develop and
implement an accidental discharge/slug control plan. At least once
every two years the District shall evaluate whether each significant
industrial user needs such a plan. Any user required to develop and
implement an accidental discharge/control slug plan shall submit a
plan which addresses, at a minimum, the following:
1. Description of discharge practices, including non-routine
batch discharges.
2. Description of stored chemicals.
3. Procedures for immediately notifying the POTW of any
accidental of slug discharge.. Such notification must also be
given for any discharge which would .violate any of the
prohibited discharges in Article 2 of this Ordinance.
4. Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include, but are not limited
to, inspection and maintenance of storage 'areas, handling and
transfer of materials, loading and unloading operations,
control of plant site run-off, worker training, building of
containment structures or equipment, measures for containing
toxic organic pollutants (including solvents) , and measures
and equipment for emergency response.
404 . MONITORING/METERING FACILITIEB '
A. The District may require the user to construct and maintain in
proper operating condition at the user's sole expense, flow
monitoring, constituent monitoring and/or sampling facilities.
B. The monitoring or metering facilities may be required to include a
security closure that can be locked with a District provided hasp
lock during sampling or upon termination of service.
C. The location of the monitoring or metering facilities shall be
subject to approval by the District.
D. The user shall provide immediate, clear, safe and uninterrupted
access to the District to the user's monitoring and metering
facilities.
405. WASTE MINIMIZATION REQUIREMENTS
The user shall provide waste minimization plane to conserve water,
investigate product substitution, provide inventory control, implement
employee education, and other steps as necessary to minimize waste
produced. -
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ARTICLE 5
MONITORING, REPORTING, NOTIFICATION,
AND INSPECTION REQUIREMENTS
501. MONITORING AND REPORTING CONDITIONS
A. Monitoring for Annual Charge for Use
The wastewater constituents and characteristics of a discharger
needed for determining the annual charge for use shall be submitted
in the form of self-monitoring reports by the user to the District,
if requested. The frequency of analyses and reporting shall be set
forth in the user's permit. The analyses of these constituents and
characteristics shall be by a laboratory acceptable to the District,
and at the sole expense of the permittee. Analyses performed by
District's personnel may used in the determination of the annual
charge for use.
B. Monitorino for Compliance with Permit Conditions or Reporting
Requirements
The District may require reports for self-monitoring of wastewater
constituents and characteristics of the discharger needed for
determining compliance with any limit or requirements as specified
in the user's permit, Federal or State Regulations, or this
Ordinance. These reports include:
(1) Baseline Monitoring Reports.
(2) Compliance Schedule Progress Reports.
(3) 90-Day Compliance Reports.
(4) Periodic Reports on continued compliance.
(5) Notification of the Discharge of Hazardous Waste.
(6) Other reports as required by the District.
Monitoring reports of the analyses of wastewater constituents and
characteristics shall be in a manner and form approved by the
District and shall be submitted upon request of the District. when
applicable, the self-monitoring requirement and frequency of
reporting may be set forth in the user's permit as directed by the
District. The analyses of wastewater constituents and
characteristics and the preparation of the monitoring report shall
be done at the sole expense of the user. Failure by the user to
perform any required monitoring, or to submit monitoring reports
required by the District constitutes a violation of this Ordinance,
may result in determining whether the permittee is in significant
non-compliance, and be cause for the District to initiate all
necessary tasks and analyses to determine the wastewater
constituents and characteristics for compliance with any limits and
requirements specified in the user's permit or in this Ordinance.
The user shall be responsible for any and all expenses of the
District in undertaking such monitoring analyses and preparation of
reports.
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501.1 Inspection and Sampling Conditions
A. The District may inspect and sample the wastewater generating and
disposal facilities of any user to ascertain whether the intent of
thin Ordinance is being met and the user is complying with all
requirements.
B. The District shall have the right to place on the user's property
or other locations as determined by the District, such devices as
are necessary to conduct sampling or metering operations. Where a
user has security measures in force, the user shall make necessary
arrangements so that personnel from the District shall be permitted
to enter without delay for the purpose of performing their specific
responsibilities.
C. In order for the District to determine the wastewater
characteristics of the discharger for purposes of determining the
annual use charge and for compliance with permit requirements, the
user shall make available for inspection and copying by the
District all notices, self-monitoring reports, waste manifests, and
records including, but not limited to, those related to production,
wastewater generation, wastewater disposal, and those required in
the Federal Pretreatment Requirements without restriction but
subject to the confidentiality provision set forth in Section 103
herein. All such records shall be kept by the user a minimum of
three (3) years.
501.2 Right of Entry
Persona or occupants of premises where wastewater is created or discharged
.shall allow the District, or its representatives, reasonable access to all
parts of the wastewater generating and disposal facilities for the
purposes of inspection and sampling during all times the discharger's
facility is open, operating, or any other reasonable time. No person
shall interfere with, delay, resist or refuse entrance to authorized
District's personnel attempting to inspect any facility involved directly
or indirectly with a discharge of wastewater to the District's sewerage
system.
501.3 Notification of Spill or Slug Loading
A. In the event the discharger is unable to comply with any permit
condition due to a breakdown of equipment, accidents, or human
error, or the discharger has reasonable opportunity to know that his
discharge will exceed the discharge provisions of the user's permit,
Section 209 or Table I. Local Discharge Limits, the discharger shall
immediately notify the District by telephone. If the material
discharged to the sewer has the potential to cause or result in a
fire or explosion hazard, the discharger shall immediately notify
the local fire department and the District. ,
B. Confirmation of this notification shall be made in writing no later
than five (5) working days from the date of the incident. The
written notification shall state the date of the incident, the
reasons for the discharge or spill, what steps were taken to
immediately correct the problem, and what steps are being taken to
prevent the problem from recurring.
C. Such notification shall not relieve the user of any expense, loss,
damage or other liability which may be incurred as a result of
damage or lose to the District or any other damage or lose to person
or property; nor shall such notification relieve the user of any
fees or other liability which may be imposed by this Ordinance or
.other applicable law.
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501.4 Notification of Bypass
A. Bypass of industrial wastewater to the sewerage system is
prohibited. The District may take enforcement action against the
user, unless;
1. Bypass was unavoidable because it was done to prevent loss of
life, personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, elective slow-down or Bhut-down of production units or
maintenance during periods of production downtime. This
condition is not satisfied if adequate backup equipment could
have been feasibly installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventative
maintenance; and
3. The permittee submitted notices as required under Article .
501.4(B) .
B. If a permittee knows in advance of the need for a bypass, it shall
submit a written request to allow the bypass to the District, if
possible, at least ten (10) days before the date of the bypass.
C. The District may approve an anticipated bypass at its sole
discretion after considering its adverse effects, and the District
determines that the conditions listed in 501.4(A) (1-3) are met.
D. A permittee shall provide telephone notification to the District of
an unanticipated bypass that exceeds its permitted discharge limits
within four hours from the time the permittee becomes aware of the
bypass. A written report shall also be provided within five (5)
days of the time the permittee becomes aware or could reasonably
have been aware of the bypass. The report shall contain a
description of the bypass and its cause; the duration of the bypass,
including exact dates and times, and, if the bypass has not been
corrected, the anticipated time it is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent recurrence
of the bypass. Failure to submit oral notice or written report may
be grounds for permit revocation.
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ARTICLE 6
ENFORCEMENT
600. PURPOSE AND SCOPE
A. The Board finds that in order for the District to comply with the
laws, regulations, and rules imposed upon it by Regulatory Agencies
and to ensure that the District's sewerage facilities and treatment
processes are protected and are able to operate with the highest
degree of efficiency, and to protect the public health and
environment, specific enforcement provisions must be adopted to
govern the discharges to the District's system by industrial
discharge permittees.
B. To ensure that all interested parties are afforded due process of
law and that non-compliance and violations are resolved as soon as
possible, the general policy of the District is that:
1. Any determination relating to a Probation Order, Enforcement
Compliance schedule Agreement (ECSA) , or Regulatory Compliance
Schedule Agreement (RCSA) will be made by the Division Head
of the Source Control Division, with a right of appeal by the
permittee to the General Manager pursuant to the procedures
set forth in Section 617.
2. A user, permitter, or applicant for a permit may request the
Executive Committee to hear an appeal of the General Manager's
decision pursuant to Section 618. Such request may be granted
or denied by the Executive Committee.
3. Any permit suspension or revocation recommended by the Source
Control Division Head will be heard and a recommendation made
to the General Manager by a District Department Head or other
person designated by the General Manager with a right of
appeal of the General Manager's order by the permittee to the
Executive Committee pursuant to the provisions of Section 618.
4. Actions and decisions by the Division Head or Department Head
are made pursuant to a delegation of authority by the General
Manager as authorized by Section 107 of this Ordinance.
C. The District, at its discretion, may utilize any one, combination,
or all enforcement remedies provided in Article 6 in response to any
permit or Ordinance violation.
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601. DETERMINATION OF NON—COMPLIANCE WITH DISCHARGE LIMITS
A. Sampling Procedures
1. Sampling of all permitteeB shall be conducted in the time,
place, manner, and frequency determined at the sole discretion
of the District.
2. Non-compliance with mass emission rate limits, concentration
limits, permit discharge conditions, or any discharge
provision of this Ordinance may be determined by an analysis
of a grab or composite sample of the effluent of a user. Non-
compliance with mass emission rate limits shall be determined
by an analysis of a composite sample of the user's effluent,
except that a grab sample may be used to determine compliance
with mass emission rate limits when the discharge is from a
closed (batch) treatment System in which there is no
wastewater flow into the system when the discharge is
occurring, the volume of wastewater contained in the batch
system is known, the time interval of discharge is known, and
the grab sample is homogeneous and representative of the
discharge.
3. Any sample taken from a .sample point is considered to be
representative of the discharge to the public sewer.
602 . ENFORCEMENT PROCEDURES AND APPLICABLE FEES
A. Self-Monitoring Requirements as a Result of Non-Compliance
1. If analysis of any sample obtained by the District or by a
permittee shows non-compliance with the applicable wastewater
discharge limits set forth in the Ordinance or in the
permittee's discharge permit, the District may impose self-
monitoring requirements on the permittee.
2. A permittee Shall perform required self-monitoring of
constituents in a frequency, at the specific location, and in
a manner directed by the District.
3. All analyses of self-monitoring samples shall be performed by
an independent laboratory acceptable to the District and
submitted to the District in a form and frequency determined
by the District. -
4. All self-monitoring costs shall be borne by the permittee.
5. Nothing in this section shall be deemed to limit the authority
of the District to impose self-monitoring as a permit
condition.
B. Purpose of Non-Compliance Sampling Fees
The purpose of the non-compliance sampling fee is to
compensate the District for costs of additional sampling,
monitoring, laboratory analysis, treatment, disposal, and
administrative processing incurred as a result of the non-
compliance, and .shall be in addition to and not in lieu of any
penalties as may be assessed pursuant to Sections 615 and 616.
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C. Non-Compliance Samolina Fees for Composite SampleB
1. Each violation of a permittee's permit limit or condition is
a violation of this Ordinance.
2. a) If analysis of any composite sample of a permittee's
discharge obtained by the District shows a major
violation by the permittee of the mass emission rates or
concentration limits specified in the permittee'e
discharge permit or in this Ordinance, then the
permittee shall pay non-compliance sampling fees to the
District pursuant to fee schedules adopted by the
District's Board of Directors.
b) If analysis of any composite sample of a permittee'e
discharge obtained by the District shows a minor
violation by the permittee of the mass emission rates or
concentration limits specified in the permittee's
discharge permit or in this Ordinance, then the District
may impose non-compliance sampling fees pursuant to fee
schedules adopted by the District'e Board of Directors.
3. The fees specified in subsection 602.C.2. (a), C.2. (b) and D
herein shall be imposed for each date on which the District
conducts sampling as a result of a violation by a permittee.
D. Non-Compliance Semolina Fees for Grab Samples and Self-Monitoring
Results
1. If analysis of any grab sample analysis of a permittee's
discharge shows non-compliance with any concentration limits
as set forth in the user's permit or in this Ordinance, the
District may impose non-compliance sampling fees, pursuant to
fee schedules adopted by the District's Board of Directors,
for sampling conducted by the District as a result of a
violation by the permittee.
2. If any self-monitoring analysis of a permittee's discharge
shows non-compliance with any concentration limits or mass
emission rates as set forth in the user's permit or in this
Ordinance, the District may impose non-compliance sampling
fees, pursuant to fee schedules adopted by the District's
Board of Directors, for sampling conducted by the District as
a result of a violation by the permittee.
602.1 Probation Order
A. Grounds
In the event the Division Head determines that a permittee has violated
any provision of this Ordinance, or the terms, conditions and limits of
its discharge permit, or has not made payment of all amounts owed to the
District for user charges, non-compliance fees or any other fees, the
General Manager may issue a Probation Order, whereby the permittee must
comply with all directives, conditions and requirements therein within the
time prescribed.
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B. Provisions
The issuance of a Probation order may contain terms and conditions
including, but not limited to, installation of pretreatment equipment and
facilitiaa, requirements for self-monitoring, submittal of drawings or
technical reports, operator certification, audit of waste minimization
practices, payment of fees, limits on rate and time of discharge, or other
provisions to ensure compliance with this Ordinance.
C. Probation Order - Expiration
A Probation Order issued by the General Manager shall be in effect for a
period not to exceed ninety (90) days.
602.2 Enforcement Compliance Schedule Acreement (ECSA)
A. Grounds
Upon determination that a permittee is in non-compliance with the terms,
conditions or limits specified in its permit or any provision of this
Ordinance, and needs to construct and/or acquire and install equipment
related to pretreatment, the General Manager may require the permittee to
enter into an ECSA which will, upon the effective date of the ECSA, amend
the permittee's permit. The ECSA shall contain terms and conditions by
which a permittee must operate during its term and shall provide specific
dates for achieving compliance with each term and condition for
construction and/or acquisition and installation of required equipment
related to pretreatment.
B. Provisions
The issuance of an ECSA may contain terms and conditions including but not
limited to requirements for self-monitoring, installation of pretreatment
equipment and facilities, submittal of drawings or repdrts, operator
certification, audit of waste minimization practices, payment of fees,
limits on rate and time of discharge, deposit of performance guarantee, or
other provisions to ensure compliance with this Ordinance.
C. ECSA - Payment of Amounts Owed
The District �ohall not enter into an ECSA until such time as all amounts
owed to the District, including user fees, non-compliance sampling fees,
deposits, or other amounts due are paid in full, or an agreement for
deferred payment secured by collateral or a third party, is approved by
the General Manager. Failure to pay all amount@ owed to the District
shall be grounds for permit suspension or permit revocation as set forth
in Section 604 and 605.
D. ECSA - Permit Suarension/Revocation
If compliance is not achieved in accordance with the terms and conditions
of an ECSA during its term, the General Manager may issue an order
suspending or revoking the discharge permit pursuant to Section 604 or 605
of this Ordinance.
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603. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)
A. Grounds
If at any time subsequent to the issuance of a wastewater Discharge Permit
to an industrial user, Federal Categorical Pretreatment Standards are
adopted or revised by the United States Environmental Protection Agency,
or in the event the District enacts revised discharge limits, the General
Manager, upon determination that an industrial user would not be in
compliance with the adopted or revised limits, may require the industrial
user to enter into a RCSA with the District under terms and conditions
that would provide for achieving compliance with all new standards by the
industrial user on a specific date. The RCSA shall have.a maximum term of
two hundred-seventy (270) days.
S. Provisions
The issuance of a RCSA may contain terms and conditions including but not
limited to requirements for installation of pretreatment equipment and
facilities, submittal of drawings or reports, waste minimization practices
or other provisions to ensure compliance with this Ordinance.
C. RCSA - Non-Compliance Sampling Fee
During the period said RCSA is in effect, any discharge by permittee in
violation of the RCSA will require payment of non-compliance sampling fees
in accordance with Article 6.
604. PERMIT SUSPENSION
A. Grounds
The General Manager may suspend any permit when it is determined
that a permittee:
1. Fails to comply with the terms and conditions of either an -
ECSA or RCSA.
2. Knowingly provides a false statement, representation, record,
report, or other document to the District.
3. Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms,
conditions, or limits, discharge compliance, or compliance
with this Ordinance.
4. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5. Fails to report significant changes in operations or
wastewater constituents and characteristics.
6. Violates a Probation Order.
7. Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
S. Does not make timely payment of all amounts owed to the
District for user charges, non-compliance sampling fees,
permit fees, or any other fees imposed pursuant to this
Ordinance.
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9. Violates any condition or limit of its discharge permit or any
provision of the District's Ordinance.
B. Notice/Hearing
When the General Manager has reason to believe that grounds exist for
permit suspension, he shall give written notice thereof by certified mail
to the permittee setting forth a statement of the facts and grounds deemed
to exist, together with the time and place where the charges shall be
heard by the General Manager's designee. The hearing date shall be not
lees than fifteen (15) calendar days nor more than forty-five (45)
calendar days after the mailing of such notice.
1. At the suspension hearing, the permittee shall have an
opportunity to respond to the allegations set forth in the
notice by presenting written or oral evidence. The hearing
shall be conducted in accordance with procedures established
by the General Manager and approved by the District's General
Counsel.
2. After the conclusion of the hearing, the General Manager's
designee shall submit a written report to the General Manager
setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions, and a
recommendation.
Upon receipt of the written report, the General Manager shall
make his determination and should he find that grounds exist
for suspension of the permit, he shall issue his decision and
order in writing within thirty (30) calendar days after the
conclusion of the hearing by his designee. The written
decision and order of the General Manager shall be sent by
certified mail to the permittee or its legal
counsel/representative at the permittee's business address.
C. Effect
1. Upon an order of suspension by the General Manager becoming
final, the permittee shall immediately cease and desist its
discharge andshall have no right to discharge any industrial
wastewater, directly or indirectly to the District's system
for the duration of the suspension. All costs for physically
terminating and reinstating service shall be paid by the
permittee.
2. Any owner or responsible management employee of the permittee
shall be bound by the order of suspension.
3. An order of permit suspension issued by the General Manager
shall be final in all respects on the sixteenth (16th) day
after it is mailed to the permittee unless a request for
hearing is filed with the Executive Committee pursuant to
Section 618 no later than 5:00 p.m. on the fifteenth (lath)
day following such mailing.
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605. PERMIT REVOCATION
A. Grounds
The General Manager may revoke any permit when it is determined that a
permittee:
1. Knowingly provides a false statement, representation, record,
report, or other document to the District.
2. Refuses to provide records, reports, plans, or other documents -
required by the District to determine permit terms,
conditions, or limits, discharge compliance, or compliance
with this Ordinance.
3. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4. Fails to report significant changes in operations or
wastewater constituents and characteristics.
5. Fails to comply with the terms and conditions of, an ECSA,
permit suspension, or probation order.
6. Discharges effluent to the District's sewerage System while
its permit is suspended,
7. Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
8. Does not make timely payment of all amounts owed to the
District for user charges, non-compliance sampling fees,
permit fees, or any other fees imposed pursuant to this
Ordinance.
9. Causes interference with the Districts' collection, treatment,
or disposal system.
10. Fails to submit oral notice or written report of bypass
occurrence.
11. Violates any condition or limit of its discharge permit or any
provision of the District's Ordinance.
B. Notice/Hearing
When the General Manager has reason to believe that grounds exist
for the revocation of a permit, he shall give written notice by
certified mail thereof to the permittee setting forth a statement of
the facts and grounds deemed to exist together with the time and
place where the charges shall be heard by the General Manager's
designee. . The hearing date shall be not less than fifteen (15)
calendar days nor more than forty-five (45) calendar days after the
mailing of such notice.
1. At the hearing, the permittee shall have an opportunity to
respond to the allegations set forth in the notice by -
presenting written or oral evidence. The revocation hearing
shall be conducted in accordance with the procedures
established by the General Manager and approved by the
District's General Counsel.
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2. After the conclusion of the hearing, the General Manager's
designee shall submit a written report to the General Manager
setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions, and a
recommendation.
Upon receipt of the written report, the General Manager shall
make his determination and should he find that grounds exist
for permanent revocation of the permit, he shall issue his
decision and order in writing within thirty (30) calendar days
after the conclusion of the hearing by his designee. The
written decision and order of the General Manager shall be
sent by certified mail to the permittee or its legal
counsel/representative at the permittee's business address.
In the event the General Manager determines to not revoke the
permit, he may order other enforcement actions, including, but
not limited to, a temporary suspension of the permit, under
terms and conditions that he deems appropriate.'
C. M.R21
1. Upon an order of revocation by the General Manager becoming
final, the permittee •hall permanently lose all rights to
discharge any industrial wastewater directly or indirectly to
the District's system. All costs for physical termination
shall be paid by the permittee.
2. Any owner or responsible management employee of the permittee
shall be bound by the order of revocation.
3. Any future application for a permit at any location within the
District by any person subject to an order of revocation iiill
be considered by the District after fully reviewing the
records of the revoked permit, which records may be the basis
for denial of a new permit.
a. An order of permit revocation issued by the General Manager
shall be final in all respects on the sixteenth (16th) day
after it is mailed to the permittee unless a request for
hearing is filed with the Executive Committee pursuant to
Section 618 no later than SOO p.m. on the fifteenth (15th)
day following such mailing.
606. WASTERAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
A waetehauler'• non-compliance with permit requirements shall be
determined by an analysis of a sample of the discharge for any constituent
or conditions specified in the wastehauler's discharge permit or this
Ordinance. If the discharge of a wastehauler is found by the analysis to
be in excess of the concentration limits specified in the wastahauler's
discharge permit or in this Ordinance, the waetehauler shall, after
-receiving a demand from the District, identify in writing, all sources of
the discharge.
Even if it is established to the satisfaction of the General Manager that
the origin of the discharge is septic waste or sanitary waste, the
District may still elect not to accept waste from that particular source.
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If the discharge is from an industrial source(s) and exceeds permit
concentration limits or limits specified in this Ordinance, the following
shall apply:
A. First Violation
1. The permittee shall pay a non-compliance Sampling fee.
2. The wastehauler permit for disposal privileges shall be
suspended for five (5) days.
B. Second Violation
1. The permittee shall pay a non-compliance sampling fee.
2. The waetehauler permit for disposal privileges shall be
suspended for ten (10) days.
3. The waetehauler permit may be revoked in accordance with
Section 606.
607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. Any person who discharges any wants which causes or contributes to
any obstruction, interference, damage, or any other impairment to
the District's sewerage facilities or to the operation of those
facilities shall be liable for all costa required to clean or repair
the facilities together with expenses incurred by the Districts to
resume normal operations. Such discharge shall be grounds for
permit revocation. A service charge of twenty-five percent (25%) of
District's cost• shall be added to the costs and charges to
reimburse the District for miscellaneous overhead, including
administrative personnel and record keeping. The total amount shall
be payable within forty-five (45) days of invoicing by the District.
B. Any person who discharges a waste which causes or contributes to the
District violating its discharge requirements established by any
Regulatory Agency incurring additional expenses or suffering losses
or damage to the facilities, shall be liable for any costs or
expenses incurred by the District, including regulatory fines,
penalties, and assessments made by other agencies or a court.
608. INDUSTRIAL WASTE PASS THROUGH
Any person whose discharge results in a pass through event affecting the
District or its sewerage facilities shall be liable for all coats
associated with the event, including treatment costs, regulatory fines,
penalties, assessments, and other indirect coats. The discharger shall
submit to the District plans to prevent future recurrences to the
satisfaction of the District.
609. PUBLICATION OF VIOLATION
Upon a determination in a permit suspension, permit revocation, or civil
penalty proceedings that a user has discharged in violation of its permit
or any provision under this Ordinance, the District may require that the
user notify the public and/or other users of the Districts' sewerage
facilities of such violation, of actions taken to correct such violation,
57
and of any administrative or judicial orders or penalties imposed as a
result of such violation.
610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE
In accordance with Federal Regulations, the District shall annually cause
to be published the names of all industrial users in significant non-
compliance. Upon a minimum of a thirty (30)-day notification to the
user, said publication shall be made in the newspaper of the largest daily
circulation published in the District's service area.
611. PUBLIC NUISANCE
Discharge of wastewater in any manner in violation of this Ordinance or of
any order issued by the General Manager, as authorized by this Ordinance,
is hereby declared a public nuisance and shall be corrected or abated as
directed by the General Manager. Any person creating a public nuisance is
guilty of a misdemeanor.
612. TERMINATION OF SERVICE
A. The District, by order of the General Manager, may physically
terminate sewerage service to any property as follows:
1. On a term of any order of emergency suspension or revocation
of a permit, or
2. Upon the failure of a person not holding a valid discharge
permit to immediately cease discharge, whether direct or
indirect, to the District's sewerage facilities.
B. All costs for physical termination shall be paid by the user as well
as all coats for reinstating service.
613. EMERGENCY SUSPENSION ORDER
A. The District may, by order of the General Manager, suspend sewerage
service or wastehauler discharge service when the General Manager
determines that such suspension is necessary in order to atop an
actual or impending discharge which presents or may present an
imminent or substantial endangerment to the health and welfare of
persons, or to the environment, or may cause interference .to the
District's sewerage facilities, or may cause the District to violate
any State or Federal Law or Regulation. Any discharger notified of
and subject to an Emergency Suspension Order shall immediately cease
and desist the discharge of all industrial wastewater to the
sewerage system.
B. As soon as reasonably practicable following the issuance of an
Emergency Suspension Order, but in no event more than five (5) days
following the issuance of such order,. the General Manager shall hold _
a hearing to provide the user the opportunity to present information
in opposition to the issuance of the Emergency Suspension Order.
Such a hearing shall not stay the effect of the Emergency Suspension
Order. The hearing shall be conducted in accordance with procedures
established by the General Manager and approved by the District's
General Counsel. The General Manager shall issue a written decision
58
and order within two (2) business days following the hearing; which
decision shall be sent by certified mail to the user or its legal
counsel/representative at that user's business address. The
decision of the General Manager following the hearing shall be final
and not appealable.
614. INJUNCTION
Whenever a discharger of wastewater is in violation of or has the
reasonable potential to violate any provision of this Ordinance, permit
condition, or any Federal Pretreatment Standard or requirement as set
forth in 40 CPR Section 403.8 at seq. , fails to submit required reports,
or refuses to allow the District entry to inspect or monitor the user's
discharge, the District may petition the Superior Court for the issuance
of a preliminary or permanent injunction, or both, as may be appropriate
to restrain the continued violation or to prevent threatened violations by
the discharger.
615. CIVIL PENALTIES
A. Authority
All users of the District's system and facilities are subject to
enforcement actions administratively or judicially by the District, U.S.
EPA, State of California Regional Water Quality Control Board, or the
County of. Orange District Attorney. Said actions may be taken pursuant to
the authority and provisions of several laws, including but not limited
to: (1) Federal Water Pollution Control Act, commonly known as the Clean
Water Act (33 U.S.C.A. Section 1251 at seq. ); (2) California Porter-
Cologne Water Quality Act (California Water Code Section 13000 at seq. );
(3) California Hazardous Waste Control Law (California Health a Safety
Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act
of 1976 (42 U.S.C.A Section 6901 at Seq. ); and (5) California Goverment
Code, Sections 54739-54740.
B. Recovery of Fines or Penalties
In the event the District is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or
enforcement agencies based on a violation of law or regulation or its
permits, and said violation can be established by District, as caused by
the discharge of any user of the District's system which is in violation
of any provision of the District's Ordinance or the user's permit,
District shall be entitled to recover from the user all costs and
expenses, including, but not limited to, the full amount of said fines or
penalties to which it has been subjected.
C. ordinance
Pursuant to the authority of California Government Code Sections
54739 - 54740, any person who violates any provision of this
Ordinance; any permit condition, prohibition or effluent limit; or
any suspension or revocation order shall be liable civilly for a sum
not to exceed $25,000.00 per violation for each day in which such
violation occurs. Pursuant to the authority of the Clean Water Act,
33 U.S.C. Section 1251 at seq., any person who violates any
provision of this Ordinance, or any permit condition, prohibition,
or effluent limit shall be liable civilly for a sum not to exceed
$2S,000.00 per violation for each day in which such violation
occurs. The General Counsel of the District, upon order of the
General Manager, shall petition the Superior Court to impose,
59
assess, and recover such penalties, or such other penalties as the
District may impose, assess, and recover pursuant to Federal and/or
State legislative authorization.
D. Administrative Civil Penalties
1. Pursuant to the authority of California Government Cade
Sections 54740.5 and 54740.6, the District may issue an
administrative complaint to any person who violates:
a) any provision of this Ordinance;
b) any permit condition, prohibition, or effluent limit; or
c) any suspension or revocation order.
2. The administrative complaint shall be served by personal
delivery or certified mail on the person and shall inform the
person that a hearing will be conducted, and shall specify a
hearing date within sixty (60) days following service. The
administrative complaint will allege the act or failure to act
that constitutes the violation of the District's requirements,
the provisions of law authorizing civil liability to be
imposed, and the proposed civil penalty. The matter shall be
heard by the General Manager or his designee. The person to
whom an administrative complaint has been issued may waive the
right to a hearing, in which case a hearing will not be
conducted.
3. At the hearing, the person shall have an opportunity to
respond to the allegations met forth in the administrative
complaint by presenting written or oral evidence. The hearing
shall be conducted in accordance with the procedures
established by the General Manager and approved by the
Districts' General Counsel.
4. After the conclusion of the hearing, the General Manager's
designee shall submit a written report to the General Manager
setting forth a brief statement of the facts found to be true,
a determination of the issues presented, conclusions, and a
recommendation.
5. Upon receipt of the written report, the General Manager shall
make his determination and should he find that grounds exist
for assessment of a civil penalty against the person, he shall
issue his decision and order in writing within thirty (30)
calendar days after the conclusion of the hearing by his
designee.
6. If, after the hearing or appeal, if any, it is found that the
person has violated reporting or discharge requirements, the
General Manager or Executive Committee may assess a civil
penalty against that person. In determining the amount of the
civil penalty, the General Manager or Executive Committee may
take into consideration all relevant circumstances, including
but not limited to the extent of-harm caused by the violation,
the economic benefit derived through any non-compliance, the
nature and persistence of the violation, the length of time
over which the violation occurs, and corrective action, if
any, attempted or taken by the person involved.
7. Civil penalties may be assessed as followsc
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a) In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to
furnish technical or monitoring reports;
b) In an amount which shall not exceed three thousand
dollars ($3,000.00) for each day for failing or refusing
to timely comply with any compliance schedules
established by the District;
c) In. an amount which shall not exceed five thousand
dollars ($5,000.00) per violation for each day of
discharge in violation of any waste discharge limit,
permit condition, or requirement issued, reissued, or
adopted by the District;
d) In any amount which does not exceed ten dollars ($10.00)
per gallon for discharges in violation of any
suspension, revocation, cease and desist order or other
orders, or prohibition issued, reissued, or adopted by
the District;
8. An order assessing administrative civil penalties issued by
the General Manager shall be final in all respects on the
thirty-first (31st) day after its is served on the person
unless an appeal and request for hearing is filed with the
Executive Committee pursuant to Section 618 no later than the
thirtieth (30th) day following such mailing. An order
assessing administrative civil penalties issued by the
Executive Committee shall be final upon issuance.
9. Copies of the administrative order shall be served on the
party served with the administrative complaint, either by
personal service or by registered mail to the person at his
business or residence address, and upon other persons who
appeared at the hearing and requested a copy of the order. '
10. Any person aggrieved by a final order issued by the Executive
Committee, after granting review of the order of the General
Manager, may obtain review of the order of the Executive
Committee in the superior court, pursuant to Government Code
Section 54740.6, by filing in the court a petition for writ of
mandate within thirty (30) days following the service of a
copy of the decision or order issued by the Executive
Committee.
11. Payment of any order setting administrative civil penalties
shall be made within thirty (30) days of the date the order
becomes final. The amount of any administrative civil
penalties imposed which have remained delinquent for a period
of sixty (60) days shall constitute a lien against the real
property of the discharger from which the discharge resulting
in the imposition of the civil penalty originated. The lien
shall have no effect until recorded with the county recorder.
The District may record the lien for any unpaid administrative
civil penalties on the ninety-first (91st) day following the
date the order becomes final.
12. No administrative civil penalties shall be recoverable under
Section 615.D for any violation for which the District has
recovered civil penalties through a judicial proceeding filed
pursuant to Government Code'Section 54740.
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616. CRIMINAL PENALTIES
Any person who violates any provision of this Ordinance is guilty of a
misdemeanor, which upon conviction is punishable by a fine not to exceed
$1,000.00, or imprisonment for not more than thirty (30) days, or both.
Each violation and each day in which a violation occurs may constitute a
new and separate violation of this Ordinance and shall be subject to the
penalties contained herein.
617. APPEALS TO GENERAL MANAGER
A. General
Any User, permit applicant or permittee affected by any decision, action
or determination made by the Division Head may file with the General
Manager a written request for an appeal hearing. The request must be
received by the District within fifteen (15) days of mailing of notice of
the decision, action, or determination of the District to the appellant.
The request for hearing shall not forth in detail all facts supporting the
appellant's request. '
e. Notice
The General Manager shall, within fifteen (15) days of receiving the
request for appeal, and pursuant to Section 107, designate a Department
Head or other person to hear the appeal and provide written notice to the
appellant of the hearing date, time and place. The hearing date shall not
be more than thirty (30) days from the mailing of such notice by certified
mail to the appellant unless a later date is agreed to by the appellant.
If the hearing is not held within said time due to actions or inactions of
the appellant, then the staff decision shall be deemed final.
C. Hearinc
At the hearing, the appellant shall have the opportunity to present
information supporting it■ position concerning the Division Head's
decision, action or determination. The hearing shall be conducted in
accordance with procedures established by the General Manager and approved
by the District's General Counsel.
D. Written Determination
After the conclusion of the hearing, the Department Head (or other
designee) shall submit a written report to the General Manager setting
forth a brief statement of facts found to be true, a determination of the
issues presented, conclusions, and a recommendation whether to uphold,
modify or reverse the Division Head's original decision, action or
determination. Upon receipt of the written report, the General Manager
shall make his determination and shall issue his decision and order within
thirty (30) calendar days of the hearing by his designee. The written
decision and order of the General Manager shall be sent by certified mail
to the appellant or its legal counsel/representative at the appellant's
business address.
The order of the General Manager shall be final in all respects on the
-
sixteenth (16th) day after it is mailed to the appellant unless a request
for hearing is filed with the Executive Committee pursuant to Section 618,
no later than 5100 p.m. on the fifteenth day following such mailing.
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616. APPEALS TO THE EXECUTIVE COMMITTEE
A. General
Any user, permit applicant, or permittee adversely affected by a decision,
action, or determination made by the General Manager may, prior to the
date that the General Manager's order becomes final, file a written
request for hearing before the Executive Committee of the Joint Boards of
Directors accompanied by an appeal fee in the amount established by a
separate resolution of the District's Board of Directors. The request for
hearing shall set forth in detail all the issues in dispute for which the
appellant seeks determination and all facts supporting appellant's
request.
No later than sixty (60) days after receipt of the request for hearing,
the Executive Committee shall either set the matter for a hearing, or deny
the request for a hearing.
A hearing shall be held by the Executive Committee within sixty-five (65)
days from the date of determination granting a hearing, unless a later
date is agreed to by the appellant and the Executive Committee. If the
matter is not heard within the required time, due to actions or inactions
of the appellant, the General Manager's order shall be deemed final.
B. Granting Request for Rearing
The Executive Committee shall grant all requests for a hearing on appeals
concerning permit suspension, revocation, or denial. Whether to grant or
deny the request for a hearing on appeals of other decisions of the
General Manager shall be within the Bole discretion of the Executive
Committee.
C. Appeal Fee Refund
The appeal fee shall be refunded if the Executive Committee denies a
hearing or reverses or modifies, in favor of the appellant, the order of
the General Manager. The fee shall not be refunded if the Executive
Committee denies the appeal.
D. Written Determination
After the hearing, the Executive Committee shall make a determination
whether to uphold, modify, or reverse the decision, action, or
determination made by the General Manager.
The decision of the Executive Committee shall be set forth in writing
within sixty-five (65) days after the close of the hearing and shall
contain a finding of the facts found to be true, the determination of
issues presented, and the conclusions. The written decision and order of
the Executive Committee shall be sent by certified mail to the appellant
or its legal counsel/representative at the appellant's business address.
The order of the Executive Committee shall be final upon its adoption. In
the event the Executive Committee fails to reverse or modify the General
Manager's order, it shall be deemed affirmed.
618.1 Anneal of Charges and Fees
Any user, permit applicant, or permittee affected by any decision, action,
or determination by the District, relating to fiscal issues of the
District in which the user, applicant, or permittee is located, including
but not limited to the imposition and collection of fees, such as
63
connection charges, sewer use charges, special purpose discharge use
charges and wastehauler fees, may request that the District reconsider
imposition of such fees or charges. Following review of such a request,
the District shall notify the user, permit applicant, or permittee by
certified mail of the Districts' decision on the reconsideration request.
Any user, permit applicant, or permittee adversely affected by the
District's decision on the reconsideration request may file an appeal
which shall be heard by the Board of Directors of the District in which
the appellant's property is located. The notice of appeal must be
received by the District within thirty (30) days of the mailing of the
District's decision on the reconsideration request.
Notwithstanding the foregoing, appeals of non-compliance sampling fees
shall be made pursuant to the appeal procedures set forth in Sections 617
and 618.
619. PAYMENT OF CHARGES
A. Except as otherwise provided, all fees, charges and penalties
established by this Ordinance are due and payable upon receipt of
notice thereof. All such amounts are delinquent if unpaid
forty-five (45) days after date of invoice.
B. Any charge that becomes delinquent shall have added to it a penalty
in accordance with the following:
1. Forty-six (46) days after date of invoice, a basic penalty of
ten percent (10%) of the base invoice amount, not to exceed a
maximum of $1,000.00; and
2. A penalty of one and one-half percent (1.5a) per month of the
base invoice amount and basic penalty shall accrue from and
after the forty-sixth (46th) day after date of invoice.
C. Any invoice outstanding and unpaid after ninety (90) days shall be
cause for immediate initiation of permit revocation proceedings or
immediate suspension of the permit.
D. Penalties charged under this Section shall not accrue to those
invoices successfully appealed, provided the District receives
written notification of said appeal prior to the payment due date.
E. Payment of disputed charges is still required by the due date during
District review of any appeal submitted by permittees.
619. 1 Collection of Delinquent Accounts
Collection of delinquent accounts shall be in accordance with the
District's policy resolution establishing procedures for collection of
delinquent obligations owed to the District, as amended from time to time
by the Board of Directors. Any such action for collection may include an
application for an injunction to prevent repeated and recurring violations
of this Ordinance.
620. RECOVERY OF COSTS INCURRED BY DISTRICT
In the event permittee fails to comply with any of the terms and conditions of
the District's ordinance, a probationary order, a permit suspension or
revocation, an ECSA, RCSA, or a permit issued hereunder, the District shall be
entitled to reasonable attorney's fees and coats which may be incurred in order
64
to enforce any of said terms and conditions, with or without filing proceedings
in court.
621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT
A. Compliance Deposit
Permittees that have been subject to enforcement and/or collection
proceedings may be required to deposit with the District an amount
determined by the General Manager as necessary to guarantee payment to
District of all charges, fees, penalties, costa and expenses that may be
incurred in the future, before permission is granted for further discharge
to the sewer.
B. Delinwent Accounts
The District may require an amendment to the permit of any permittee who
fails to make payment in full of all fees and charges assessed by the
District, including reconciliation amounts, delinquency penalties, and
other costs or fees incurred by Permittee.
C. Bankruptcy
Every Permittee filing any legal action in any court of competent
jurisdiction, including the United States Bankruptcy Court, for purposes
of discharging its financial debts or obligations or seeking
court-ordered, protection from its creditors, shall, within ten (10) days
of filing such action, apply for and obtain the issuance of an amendment
to its permit.
D. Permit Amendments
The District shall review and examine Permittee's account to determine
whether previously incurred fees and charges have been paid in accordance
with time requirements prescribed by this Ordinance. The District may
thereafter issue an amendment to the User's permit in accordance with the
. provisions of Article 3 and Section 621(E) of this Ordinance.
E. Security
An amendment to a waste discharge permit issued pursuant to Sections
621(B),, (C), and (D), may be conditioned upon the Permittee depositing
financial security . in an amount equal to the average total fees and
charges for two (2) calendar quarters during the preceding year. Said
deposit shall be used to guarantee payment of all fees and charges
incurred for future services and facilities furnished by District and
shall not be used by the District to recover outstanding fees and charges
incurred prior to the Permittee filing and receiving protection from
creditors in the United States Bankruptcy Court.
F. Return of Security
In the event the Permittee makes payment in full within the time
prescribed by this Ordinance of all fees and charges incurred over a
period of two (2) years following the issuance of an amendment to the
permit pursuant to Sections 621(3), (C) , and (D), the District shall
either return the security deposit posted by the Permittee or credit their
account.
65
622. JUDICIAL REVIEW
A. Purpose and Effect
Pursuant to Section 1094.6 of the California Code of 'Civil
Procedure, the District hereby enacts this part to limit to ninety
(90) days following final decisions in adjudicatory administrative
hearings the time within which an action can be brought to review
such decisions by means of administrative mandamus.
B. Definitions
As used in this Section,, the following terms and words shall have
the following meanings:
1. Decision shall mean and include adjudicatory administrative
decisions that are made after hearing, or after revoking,
suspending, or denying an application for a permit or a
license.
2. Complete Record shall mean and include the transcript, if any
exists, of the proceedings, all pleadings, all notices and
orders, any proposed decision by the General Manager, the
final decision, all admitted exhibits, all rejected exhibits
in the possession of the District or its offices or agents,
all written evidence, and any other papers in the case.
3. Party shall mean a person whose permit has been denied,
suspended, or revoked.
C. Time Limit for Judicial Review
Judicial review of any decision of the District or its officer or agent
may be made pursuant to Section 1094.5 of the Code of Civil Procedure only
if the petition for writ of mandate is filed not later than the ninetieth
(90th) day following the date on which the decision becomes final. If
there is no provision for reconsideration in the procedures governing the
proceedings or if the date is not otherwise specified, the decision is
final on the date it is made. If there is provision for reconsideration,
the decision is final upon the expiration of the period during which such
reconsideration can be sought; provided that if reconsideration is sought
pursuant to such provision the decision is final for the purposes of this
Section on the date that reconsideration is rejected.
D. Preparation of the Record
The complete record of the proceedings shall be prepared by the District
officer or agent who made the decision and shall be delivered to the
petitioner within ninety (90) days after he has filed written request
therefor. The District may recover from the petitioner its actual costs
for transcribing or otherwise preparing the record.
E. Extension
If the petitioner files a request for the record within ten (10) days
after the date the decision becomes final, the time within which a
petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may
be filed shall be extended to not later than the thirtieth (30th) day
following the date on which the record is either personally delivered or
mailed to the petitioner or the petitioner'B attorney of record, if
appropriate.
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F. Notice
In making a final decision, the District shall provide notice to the party
that the time within which judicial review must be sought is governed by
Section 1094.6 of the Code of Civil Procedure.
G. Administrative Civil Penalties
Notwithstanding the foregoing in Section 622, and pursuant to Government
Code Section 54740.6, judicial review of an order of the Executive
Committee imposing administrative civil penalties pursuant to Section
615.D may be made only if the petition for writ of mandate is filed not
later than the thirtieth (30th) day following the day on which the order
of the Executive Committee becomes final.
67
ARTICLE 7
CONNECTION PERMITS/CAPITAL FACILITIES CONNECTION CHARGES
701. INTRODUCTION — ALL DISTRICTS
A. Connection permits may be required of dwelling units, buildings and
developments connecting directly or indirectly to District's
sewerage facilities. Included are the connections of laterals to
local municipal sewerage facilities and the connection of local
municipal sewerage facilities and laterals to District's facilities.
B. No permit shall be valid unless the real property to be served by
use of the permit Is included within the boundaries of the District
and within the boundaries of a local eewering agency authorized to
maintain public eewering facilities. However, a permit may be
Issued for property to be served outside the boundaries of a local
sewering agency if a local eewering agency makes application for the
Issuance of ouch permit.
C. Except as may be provided by an individual District, there will be
no capital facilities connection charges assessed to local
government agencies for connecting directly or indirectly to
District's sewerage facilities; however, a connection permit must be
obtained.
D. Payment of capital facilities connection charges for connection to
District's sewerage facilities shall be required at the time of
issuance of the building permit for all construction within the
District, excepting in the case of a building legally exempt from
the requirement of obtaining a building permit. The payment of the
sewer capital facilities connection charge for such buildings will
be required at the time of and prior to the issuing of a plumbing
connection permit for any construction within the'territorial limits
of the District. '
E. A schedule of charges specified herein will be on file in the office
of the Secretary of the District and in the Building Department of
each City within the District.
68
702. DISTRICT NO. 1 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Rewired
No application for a permit for a connection to a District sewerage
facility or to any sewerage facility which discharges into a District
sewerage facility shall be considered until a District capital facilities
connection charge is paid by the applicant. No connection permit shall be
ieeued unless there is an established use of the property to be served or
a valid building permit issued which establishes the use of said property.
B. District Connection Charoe Amounts
(1) capital facilities connection charge for new construction,
dwelling .buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $1,500 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $1,500 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings: .
For all other new construction, including, but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge
shall be $300 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $1,500.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in paragraphs (A) and (C) above. If such
replacement construction is commenced within two (2) years
after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or .
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $1,500 for each dwelling unit added
or created, and, in the case of new construction other than
family dwelling buildings, it shall be $300 per 1,000 square
69
feet of additional floor area contained within such new
construction, provided such new construction shall contain
additional plumbing fixture unite.
70
702. DISTRICT NO. 2 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Rewired
No application for a permit for a connection to a District sewerage
facility or to any sewerage facility which discharges into a District
sewerage facility shall be considered until a District capital facilities
connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or
a valid building permit issued which establishes the use of said property.
B. District Connection Charge Amounts
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $.1rS0O per dwelling unit.
$2,350
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling building, the
capital facilities connection charge shall be 52 '356 per
dwelling unit. $2 ,
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including, but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge
$470 shall be $300• per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be S4,500.
$2,350
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
B(1) and (3) basis as provided in paragraphs (A)--sad-(•C; above. If such
replacement construction is commenced within two (2) years
after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of dwelling
buildings or the area of buildings to be used for other than
dwelling buildings, the capital facilities connection charge
$2,350 shall be F1,S00 for each dwelling unit added or created, and,
in the case of new construction other than family dwelling
$ 470 buildings, it shall be f300- per 1,000 square ' feet of
additional floor area contained within such new construction,
71
ERRATA SHEET NO. 1
702. DISTRICT NO. 2 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Reeuired
application for a permit for a connection to a District sewerage
f ility or to shy sewerage facility which discharges into a District
se rage fa cility .hall be considered until a District capital facilities
con ction charge is paid by the applicant. No connection permit shall be
i eau ogle.. that. is an established use of the property to be served or
a vali building permit issued which establishes the use of said property.
B. Di trlct Connection Charge Amounts
(1) Capital facilities connection charge for new construction,
dwelling buildings:
r each new dwelling unit constructed, the capital facilities
c nection charge shall be $2,350 per dwelling unit.
(2) Cap al facilities connection charge for existing dwelling
buil 'ngs:
For th connection of each existing dwelling building, the
capital facilities connection charge shall be $2,350 per
dwelling nit.
(3) Capital fa ' lities connection charge for new construction and
existing at ctures, other than dwelling buildings:
For all other n w construction, including, but not limited to,
commercial and ndustrial buildings, hotels and motels and
public buildings, the capital facilities connection charge
shall be $300 per ,000 square feet of floor area contained
within such constru tion, provided that the minimum capital
facilities connectio charge for such new construction shall
be $2,350.
(4) Capital facilities c nnecticn charge for replacement
buildings:
For new construction repla ng former buildings, the capital
facilities connection charg shall be calculated on the same
basis as provided in paragra he (A) and (C) above. If such
replacement construction is mmenced within two (2) years
after demolition or destruct of the former building, a
credit against such charge shal be allowed and shall be the
equivalent capital facilities nnection charge for the
building being demolished or des oyed, calculated on the
basis of current charges for new c struction. In no case
shall such credit exceed the capita facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new onstruction or
alteration is made to increase the occupant of dwelling
buildings or the area of buildings to be used f other than
dwelling buildings, the capital facilities tonne ion charge
shall be $2,350 for each dwelling unit added or ore ted, and,
in the case of new construction other than family welling
buildings, it shall be $300 per 1,000 square at of
additional floor area contained within much new constru Lion,
71
provided such new construction shall contain additional
plumbing fixture units.
72
702. DISTRICT NO. 3 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Reauired
No application for a permit for a connection to a District sewerage
facility or to any sewerage facility which discharges into a District
sewerage facility shall be considered until a District Capital facilities
connection charge is paid by the applicant. No connection permit shall.be
issued unless there is an established use of the property to be served or
a valid building permit issued which establishes the use of said property.
B. District Connection Charae Amounts
(1) Capital facilities connection charge for new construction
dwelling buildings:
For each new dwelling unit constructed, the capital
facilities connection charge shall be $1,500 per dwelling
unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $1,500 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including, but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge
shall be $300 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for ouch new construction shall
be $1,500.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in paragraphs (A) and (C) above. If such
replacement construction is commenced within two (2) years
after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of dwelling
buildings or the area of buildings to be used for other than
dwelling buildings, the capital facilities connection charge
shall be $1,500 for each dwelling unit added or created, and,
in the case of new construction other than family dwelling
73
buildings, it shall be $300 per 1,000 square feet of
additional floor area contained within such new construction,
provided such new construction shall contain additional
plumbing fixture unite.
74
702. DISTRICT NO. 5 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Reau ired
No application for a permit for a connection to a District sewerage
facility or to any sewerage facility which discharges into a District
sewerage facility shall be considered until a District capital facilities
connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or
a valid building permit issued which establishes the use of said property.
e. District Connection Charge Amounts
(1) Capital facilities connection charges for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charges shall be $1,500 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $1,500 per dwelling
unit. i
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling unite:
For all other now construction, including, but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charges
shall be $300 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such now construction shall
be $1,500.
(a) Capital facilities connection charges for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in paragraphs (A) and (C) above. If such
replacement construction is commenced within two (2) years
after demolition or destruction of the former building, a
credit against such charge shall be allowed, calculated on the
be is of the current capital facilities connection charge
applicable for the new construction of the building demolished
or destroyed. In no case shall such credit exceed the capital
facilities connection charge.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of dwelling
buildings or the area of buildings to be used for other than
dwelling buildings, the capital facilities connection charge
shall be calculated on the same basis as provided in
paragraphs (A) and (C) above for each dwelling unit added or
created or each 1,000 square feet of additional floor area
75
contained within such new construction, provided that new
construction shall contain additional plumbing fixture unite.
(6) Payment of capital facilities connection charges shall be
required at the time of issuance of the building permit for
all construction within the District, excepting in the case of
a building legally exempt from the requirement of obtaining a
building permit in the City of Newport Beach. The payment of
the capital facilities connection charge for such exempt
buildings will be required at the time of, or prior to, the
issuance of a plumbing connection permit for any construction
within the District.
76
702. DISTRICT NO. 6 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Reouired
No application for a permit for a connection to a District Sewerage
facility or to any sewerage facility which discharges into a District
sewerage facility shall be considered until a District capital facilities
connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or
a valid building permit issued which establishes the use of said property.
B. District Connection Charge Amounts
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $1,500 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling building, the
capital facilities connection charge shall be $1,500 per
dwelling unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including, but not limited to,
commercial and industrial buildings, hotels and motels' and
public buildings, the capital facilities connection charge
shall be $300 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $1,500.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, .the capital
facilities connection charge shall be calculated on the same
basis as provided in paragraphs (A) and(C) above. If such
replacement construction is commenced within two (2) years
after demolition or destruction of the former building, a
credit against such charge shall be allowed andshall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $1,500 for dwelling unit added or
created, and, in the case of new construction other than
77
family dwelling buildings, it shall be $300 per 1,000 square
feet of additional floor area contained within such new
construction, provided such new construction shall contain
additional plumbing fixture unite.
78
702. DISTRICT NO, 7 CAPITAL FACILITIES CONNECTION CNARGES
A. District Connection Permit Required
No application for a permit for a connection to a District sewerage
facility or to any sewerage facility which discharges into a District
sewerage facility shall be considered until a District capital facilities
connection charge is paid by the applicant. No connectionpermit shall be
issued unless there is an established use of the property to be served or
a valid building permit issued which establishes the use of said property.
B. District Connection Charge Amounts
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $1,500 per dwelling unit.
(.2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling building, the
capital facilities connection charge shall be $1,500 per
dwelling unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge
shall be $300 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $1,500.
(4) Capital facilities connection charge for replacement buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in paragraphs(A) and (C) above. If such
replacement construction is commenced within two (2) years
after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
I charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of dwelling
buildings or the area of buildings to be used for other than
dwelling buildings, the capital facilities connection charge
shall be $1,500 for each dwelling unit added or created, and,
in the case of new construction other than dwelling buildings,
it shall be $300 per 1,000 square feet of additional floor
79
area contained within such new construction, provided such new
construction shall contain additional plumbing fixture unite.
(6) Trunk capital facilities connection charge, residential uses:
Family dwelling unit: 66 per front foot for the real property
fronting on and connecting to a trunk sewer, provided that no
such charge shall be lees than $400, plus the applicable
regular capital facilities connection charge for dwelling
unite hereinabove specified.
(7) Trunk capital facilities connection charge, commercial or
industrial establishments:
$10 per front foot for the real property fronting on and
connecting to a trunk sewer, provided that no such front foot
charge shall be lees than $500.00 plus the applicable regular
capital facilities connection charge for new construction and
existing structures other than dwelling buildings hereinabove
specified.
(8) Capital facilities connection charge, off-site sewers not a
part of Master Plan relative to reimbursement agreements:
The charges for connections to off-site sewers which are not
included as part of the District Master Plan and for which a
Non-Master Plan Reimbursement Agreement has been entered into
between the District and the property owner shall be in the
amount provided for in said Agreement. The amount set forth
in said Agreement shall be the amount due whether the original
Agreement is still in force, has been extended, or has
expired. These capital facilities connection charges shall be
in addition to any other charges hereinabove established for
the property connecting to said facilities.
(9) Assessment District capital facilities connection charge:
The regular capital facilities connection charges provided in
the preceding subsections of this section, plus a sum of
money equal to the assessment charge without interest, or
Treasurer's charge which would have been made against the real
property on which said improvements are located had said real
property been assessed within the Assessment District which
constructed or acquired the Assessment District sewer to which
connection is made.
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702. DISTRICT NO. 11 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Required
No application for a permit for a connection to a District sewerage
facility or to any sewerage facility which discharges into a District
sewerage facility shall be considered until a District capital facilities
connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or
a valid building permit issued which establishes the use of said property.
B. District Connection Charge Amounts
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $1,500 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling building, the
capital facilities connection charge shall be $1,500 per
dwelling unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including, but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the capital facilities connection charge
shall be $300 per 1,000 square feet of floor area contained
within such construction, provided that the minimum capital
facilities connection charge for such new construction shall
be $1,500.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the same
basis as provided in paragraphs (A) and (C) above. If such
replacement construction is commenced within two (2) years
after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities- connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations of existingbuildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of family
dwelling buildings or the area of buildings to be used for
other than family dwelling buildings, the capital facilities
connection charge shall be $1,500 for each dwelling unit added
or created, and, in the case of new construction other than
family dwelling buildings, it shall be $300 per 1,000 square
81
feet of additional floor area contained within such new
construction, provided such new construction shall contain
additional plumbing fixture unite.
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702. DISTRICT NO. 13 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Required
No application for a permit for a connection to a District sewerage
facility or to any sewerage facility which discharges into a District
sewerage facility shall be considered until a District capital facilities
connection charge is paid by the applicant. No connection permit shall be
issued unless there is an established use of the property to be served or
a valid building permit issued which establishes the use of said property.
e. District Connection Charce Amounts
(1) Capital facilities connection charge for new construction,
dwelling buildings:
For each new dwelling unit constructed, the capital facilities
connection charge shall be $1,500 per dwelling unit.
(2) Capital facilities connection charge for existing dwelling
buildings:
For the connection of each existing dwelling unit, the capital
facilities connection charge shall be $1,500 per dwelling
unit.
(3) Capital facilities connection charge for new construction and
existing structures, other than dwelling buildings:
For all other new construction, including but not limited to,
commercial and industrial buildings, hotel and motels and
buildings, the capital facilities connection charge shall be
$300 per 1,000 square feet of floor area contained within such
construction, provided that the minimum capital facilities
connection charge for such new construction shall be $1,500.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the capital
facilities connection charge shall be calculated on the acme
basis as provided in Paragraphs (A) and (C) above. If such
replacement construction is commenced within two (2) years
after demolition or destruction of the former building, a
credit against such charge shall be allowed and shall be the
equivalent capital facilities connection charge for the
building being demolished or destroyed, calculated on the
basis of current charges for new construction. In no case
shall such credit exceed the capital facilities connection
charges.
(5) Capital facilities connection charges for additions or
alterations to existing buildings:
In the case of structures where further new construction or
alteration is made to increase the occupancy of dwelling
buildings, the capital facilities connection charge shall be
calculated on the same basis as provided in Paragraphs (A) and
(C) above for each dwelling unit added or created, or each
1,000 square feet of additional floor area contained within
such new construction, provided such new construction shall
contain additional plumbing fixture unite.
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(6) Capital facilities connection charges will be assessed to
local government agencies for connecting directly or
indirectly to the Districts' sewerage facilities.
84
703. SANITARY SEWER SERVICE CRARGE
Every parcel of real property located within the District which is
improved with structures designed for residential, commercial, or
industrial use, and connected to the District's system, may be subject to
a Sanitary Sewer Service Charge in an amount adopted by the Hoard of
Directors by separate Ordinance.
704. EXCEPTIONS
Except as expressly provided in Sections 308 and 705 hereof, relating to
exemptions from the payment of charges, the provisions of this Ordinance
shall apply to all properties within the District, including those
properties otherwise deemed exempt from payment of taxes or assessments by
provisions of the State Constitution or statute, including properties
owned by other public agencies or tax exempt organisations.
705. EXEMPTIONS AND APPEALS
In recognition that certain legal parcels of real property exist within
the District which are not connected to the District system, it is the
intent of the District that said parcels be exempt totally or in part from
the payment of charges as prescribed herein.
Any property owner may appeal the assessment of the charges and submit a
claim for rebate to the District on the forme prescribed and provided by
the District, within one hundred twenty (120) days after the annual bill
is mailed. All applications for rebate of the annual sewer service charge
will be determined by the General Manager of the District, who may grant
a partial or full rebate or adjustment of the charge based on receiving
satisfactory proof than an inequity exists between the amount charged and
the amount of wastewater discharged to the District's systems. Such
inequities may include, but are not limited to the following instances:
A. The use of parcel differs from the use indicated by the charge.
e. No service connection to the District's system exists for the parcel
charged.
C. The principal water use is agricultural.
D. Any other use wherein the .amount of wastewater discharged to the
District's system is significantly lees on a regular basis than the
amount that would normally be expected to be discharged by the class
of property in question. -
706. CREDIT FOR INDUSTRIAL PERMITTEES .
A credit shall be allowed to all dischargers permitted pursuant to Article
3 of this Ordinance in an amount equal to the Sanitary Sewer Service
Charge. . Said credit shall be made in the same manner as credit is allowed
for ad valorem taxes pursuant to Section 302.6, 303.6, and 304.6(8) (4)
above.
85
ARTICLE 8
SEVERABILITY
801. EEVERABILITY
If any provision of these regulations or the application to any or
circumstances is held invalid, the remainder of the regulations or the
application of such provision to other persona or other circumstances
shall not be affected.
86
ARTICLE 9
REPEAL
901. REPEAL
The following Ordinances are hereby repealed on the effective date hereof and
all Ordinance or parts of Ordinances inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with the provisions
of this Ordinance:
District No. 2 - Ordinance Noe. 208 and 212
87
6eCtion II: The Secretary of the Board shall certify to the adoption
of this Ordinance and shall cause the same to be published in a newspaper of
general circulation in the District as required by law. Said Ordinance shall
become effective February 7, 1992 after its adoption by the Board of
Directors.
PASSED AND ADOPTED by the Board of Directors of County Sanitation
District No. 2 of Orange County, California, at a regular meeting held January
8, 1992.
r—
C airman of the Board of D rectors
of County Sanitation District No. 2
of Orange County, California
ATTEST: .
Secret a E�irectors
of County Sanitation District No. 2
of Orange County, California -
88
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I, RITA J. BROWN, Secretary of the Board of Directors of County
Sanitation District No. 2 of Orange County, California,, do hereby certify that
the above and foregoing Ordinance No. 214 was passed and adopted at a regular ,
meeting of said Board on the Sth day of January, 1992, by the following vote,
to wit:
AYES: Directors Iry Pickler, Chairman, Fred Barrera, A.B. "Buck"
Catlin, John Collins, Barry Denes, William D. Mahoney, Robert
Main, Carrey J. Nelson, Miguel Pulido, Roger R. Stanton,
Henry W. Wedaa
NOES: None
ABSTENTIONS: None
ABSENT: Arthur G. Newton
IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of January,
1992.
Rita J.
Secretary of the Board of Directors
County Sanitation District No. 2
of Orange County, California
1.