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HomeMy WebLinkAboutOrdinance No. 508 1 ORDINANCE NO. . 508 AN ORDINANCE ESTABLISHING REGULATIONS FOR USE OF DISTRICT SEWERAGE FACILITIES The Board of Directors of-County Sanitation District No. 5 of Orange County, California, does ordain as follows: ARTICLE 1 GENERAL PROVISIONS .r 101. PURPOSE AND POLICY 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 District's costs, and by providing procedures that will allow District to comply with requirements placed upon the District by other regulatory agencies. The revenues to be derived from the appiicalivu vi Lllis O,dilnance 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. 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. y To comply with Federal and State of California policies and to permit the District to meet applicable standards of treatment plant effluent quality, provisions are made in this Ordinance for the regu- lation of wastewater discharges. This Ordinance establishes quantity and quality limitations on all wastewater discharges which may adversely affect the District's sewerage systems, processes, or 1� effluent quality. It is the intent of these limitations to .improve November 12, 1975 . o a the quality of wastewa ter being received for treatment; an implication of this intent is the District's policy of discouraging an increase f. {' i ... ppI• ' in the quantity (mass emission) of waste constituents being discharged. ;I This Ordinance also provides for regulation of the degree of waste pre- treatment required, the issuance of permits for wastewater discharge and !'� , � F4 connections, and other miscellaneous permits, and the establishment of penalties for violation of the Ordinance. ,. Since the District is committed to a policy of wastewater renovation ; pp and reuse in order to provide an alternate source of water supply, d � the renovation of wastewater through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements fftt l� on wastewater dischargers than those required by other governmental regulatory agencies. }. 102. DEFINITIONS P P Unless otherwise defined herein, terms related to water quality shall be {. ' I as adopted in the latest edition of Standard Methods for the Examination b. of later and wastewater, published by the fU4'".r1L.11: Public Health j gg i 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 s. I I 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 inthe International Conference of Building Officials Uniform Building Code, 1973 Edition. 3: c5- R4�i 1. Ad Valorem Tax. shall mean the tax levied for the benefit of an { I individual District on the assessed value of land and improvements within its boundaries. - ! 2. Agency. shall mean an administrative division or group. 0 k u 3. 'Assessed Value. shall mean that portion of the total assessed value � I I d; of the land and improvements (excluding personal property) upon �r , which District taxes are levied. j.. November 12, 1975 y 4. Board. shall mean the Board of Directors of the County Sanitation District No. 5 , of Orange County, California. S. B.O.D. (Biochemical Oxygen Demand) . shall mean the measure of biodegradable organic material in domestic or other wastewaters as represented by the oxygen utilized over a period of five days at 20 degrees centigrade and as determined by the appropriate testing procedures. A 6. Class I User. shall mean any user who: (a) has a discharge flow of SO,000 gallons or more per normal working day (or 12 million gallons or more per year); or (b) waste strength significantly (SO%) greater than domestic sewerage (domestic sewerage will be considered to have a B.O.D. of 250 mg/l and suspended solids of 250 mg/1); or (c) involves the discharge of components which may exceed the parameters as specified in Section 208, Limitations on Wastewater Strength. 7. Class II User. shall mean any user who discharges more than 10,000 gallons per day (or 3 million gallons per year) but less than 50,000 gallons per day (or 12 million gallons per year) ; and is not required to obtain a Class I permit; and whose charge for use is greater than the ad valorem tax paid to the District, exclusive of debt service. 8. C.O.D. (Chemical Oxygen Demand). shall mean the measure of chemically oxidizable material in domestic or other wastewaters as determined by appropriate testing procedures. 9. Compatible Pollutant. shall mean a combination of Biochemical Oxygen Demand, suspended solids, pH, fecal coliform bacteria, plus other pollutants that the Districts' treatment works are designed to remove. i.. 10. Developments. shall mean parcels of land on which dwelling units, commercial or industrial buildings, or other improvements are built. 11. Discharger. shall mean any person that discharges or causes a discharge of wastewater directly or indirectly to a public sewer. 3 November 12, 1975 12. Districts. shall mean any individual or combination of individual County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7 or 11 of Orange County. 13. District Connection Charge, shall mean a fee imposed by District No. 5 for connecting directly to a District sewerage facility or to a sewer which ultimately discharges into a District sewerage facility. 14. District Sewerage Facility. shall mean any property belonging to the District used in the treatment, reclamation, reuse, trans- portation, or disposal of wastewater. 15. Domestic Wastewater. shall mean the liquid and water borne wastes derived from the ordinary living processes in a dwelling unit of such character as to permit satisfactory„disposal, without special treatment, into the public sewer or by means of a private disposal system. 16. Dwelling Unit. shall mean one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping and cooking. 17. Family Dwelling Building. shall mean a structure designed and used to house families and containing one or more dwelling units 18. 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 o� . 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. � III 19. General Kinager. shall mean the individual duly designated by the Board of Directors of the District to administer this Ordinance. 4 . November 12, 1975 III 20. Incompatible Pollutant, shall mean any pollutant which is not a compatible pollutant as defined herein. 21. Industrial Wastewater. shall mean all water carried wastes and wastewater of the community, excluding domestic wastewater, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, service, agricultural, or other operation. These may also include wastes of human origin similar to domestic wastewaters. 22. Inspector. shall mean a person authorized by the 4eneral Manager to inspect wastewater generation, conveyance, processing and disposal facilities. , 23. Local Sewering Agency. shall mean any public or private .corporation duly authorized under the laws of the State of California to construct and/or_maintain public sewers. 24. 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. 2S. May. shall mean permissive. 26. New Construction. shall mean any structure under construction for which a connection permit has not been issued. 27. Normal Working Day. shall mean the period of time during which production and/or operation is taking place. r 28. Person. shall mean any individual, partnership; firm, association, corporation, or public agency including the State of California and the United States of America. 5 November 12, 1975 29. Pollutant. shall mean any constituent or characteristic of wastewaters on which a discharge limitation may be imposed. either by the District or the regulatory bodies empowered to regulate the District. - 30. Pre-treatment Facility. shall mean any works or devices for.the treatment or flow limitation of wastewater prior to discharge into a public sewer. - 31. Public Agency. shall mean an City, District or other public body - Y Y, , P Y duly organized under the laws of the State of California. g �32 Public Sewer shall mean a sewer owned and operated by the District,ct, i a .City or other local sewering agency, which is tributary to treatment facilities operated by the District. I, 33. Sampling and Evaluation Program. shall mean the determination of j mass emission of constituents or other conditions specified in the user's permit over a period of not less than one normal working u e P P g day, or more than five normal working days. j i 34. Sewage. shall mean wastewater. 35. Sewerage Facilities shall mean any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater. 36. Shall. shall mean mandatory. 37. Standard Industrial Classification (S.I.C.) . shall mean a system of 'I classifying industries as identified in the S.I.C. Manual, 1972, Office of Management and Budget. _ 38. 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. 6 November 12 1975 ` 39. . 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. 40. Temporary User. shall mean any discharger who is granted temporary permission by the District to discharge unpolluted water, storm . . drainage.or ground water to the District's sewerage facilities. .41. T.O.C. (Total Organic Carbon). shall mean the measure of total organic carbon in domestic or other wastewater as determined by the appropriate testing procedure. 42. Unpolluted Water. shall mean water to which no constituent has been added either intentionally or accidentally. .43. User. shall mean any person that discharges, or causes a discharge of wastewater directly or indirectly to a public sewer. 44. Waste. small mean sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such wastes placed within containers of whatever nature, prior to land for the purpose of disposal. 45. Wastewater. shall mean waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer. - 46. 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. 7 November 12, 1975 s November 12, 1975 ' ARTICLE 2 REGULATIONS , 201. PROHIBITIONS ON DISCHARGE$ No person shall discharge wastewaters directly or indirectly to sewerage facilities owned by the District which cause, or are capable of causing, either alone or by interaction with other substances: 1. A fire or explosion; 2. Obstruction of flow in the sewer system or damage to the sewerage facilities; . 3. Danger to life or safety of any person; 4. Prevention of the effective maintenance or operation of the sewerage system; 5. MT poMition by the release of -toxic -or malodorous gas producing substances; 6. Interference with the wastewater treatment process; 7. The Districts' effluent or any other product of the treatment process, residues, sludges, or scums, to be unsuitable for reclamation and reuse; 8. Discoloration or any other condition,of the quality of the Districts' treatment works effluent in such a manner that receiving water _—quality requirements established by regulatory agencies cannot be met; 9. Conditions at or near sewerage facilities which violate any statute or any rule, regulation, or ordinance of any public agency or state or federal regulatory body. 9 November 12, 197S 202. PROHIBITIONS ON STORM DRAINAGE AND GROUND WATER Storm water, ground water, street drainage, subsurface drainage or yard drainage shall not be discharged directly or indirectly to the District's sewerage facilities. The District may approve the temporary discharge of such water only when no alternate method of disposal is reasonably available. If a temporary permit is granted for the discharge of such water into a tributary sewer, the user shall pay the applicable charges for use and fees, and shall meet such other conditions as required by the District. 203. PROHIBITION ON UNPOLLUTED WATER Unpolluted water such as single pass cooling water, will not be discharged through direct or indirect connection to a District sewer. The District may approve the discharge of such water only when no alternate method of disposal is reasonably available. If a temporary permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges for use and fees, and shall meet such other conditions as required by the District. 204. LIMITATIONS ON RADIOACTIVE WASTES No person shall discharge, or cause to be discharged, any radioactive waste into a public sewer except: 1. When 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 2. When the waste is discharged in strict conformity with current , California Radiation Control Regulations (California Administrative Code, Title 17) and the Atomic Energy Commission's regulations and recommendations for safe disposal; and 10 . November 12, 1975 3. When the person is in compliance with all rules and regulations of all other applicable regulatory agencies. 205. LIMITATIONS ON THE USE OF GRINDERS Waste from 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 sewer. 206. LIMITATIONS ON POINT OF DISCHARGE No person, excluding local sewering agencies involved in maintenance functions of sanitary sewer facilities, shall. discharge'any wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless upon written application by the user and payment of the applicable charges for use and fees. 207. LIMITATIONS ON SEPTIC TANK AND CESSPOOL WASTES A user propgsing to discharge septic tank and cesspool wastes into a District sewer must have a valid Orange County Health Department permit. Such wastewaters shall be discharged at a location specified by District. If such wastewaters are from developments not within the District's boundaries, a fee adopted by Resolution of District's Board of Directors shall be paid. This fee shall be based upon the cost of providing District services.. 208. LIMITATIONS ON WASTEWATER STRENGTH 208.1 - No person shall discharge, after the date specified, wastewater containing in excess of the quantities listed in Table I. 208.2 No .person shall discharge any wastewater: a. Having a temperature higher than 140 degrees Fahrenheit (60 degrees Centigrade) ; b. Containing more than 100 mg/L of oil or grease of mineral or petroleum origin; c. Having a pH less than 6.0 or greater than 12.0; 11 November 12, 197S d: Containing in excess of 0.02 mg/L total identifiable chlorinated hydrocarbons.1 a. Containing in excess of 0.5 mg/L dissolved sulfide. f. Other materials, including but not limited to, ammonia, Biochemical Oxygen Demand, Chemical Oxygen Demand, Total Organic Carbon, suspended solids, oil or grease of animal or vegetable origin, total dissolved solids, and phenolic compounds, in quantities that may cause or are found to cause problems in the sewerage facilities. TABLE I DISCHARGE LIMITS, mg/L July 1 July 1 July 1 (Tentative)1 e CONSTITUENT 1976 1978 1983 i. Arsenic 2.0 2.0 2.0 I� L Cadmium 5.0 3.0 1.0 Chromium (total) 6.0 2.0 0.S is .1 Copper - 10.0 4.0 2.0 Lead 2.0 2.0 2.0 h;ercuvy 0.03 0.03 0.03 - Nickel' 10.0 10.0 10.0 Silver 5.0 5.0 5.0 1 Zinc 15.0 10.0 10.0 Cyanide (total) 10.0 5.0 5.0 Cyanide (free)2 1.0 1.0 1.0 1 July 1, 1983 discharge limits are tentative; these limits will be evaluated in ` the future to determine the removal effects of future improvements to the treatment facilities of the District. E 2 The term "free cyanide" shall mean those cyanides amenable to chlorination as - L described -in the 1972 Annual .Book of ASTM Standards, '19721 Standard D 2036-72 Method B, page 553. L 1 To include at least the following: DDT (dichlorodiphenyltrichloroethane, both isomers), DDE. (dichlorodiphenylethylene) , DDD (dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha, beta 8 gamma isomers) , Chlordane, Endrin, Heptachlor, Dieldrin, and PCB's (Polychlorinated biphenyls': Aroclors 1221, 1228, 1232, 1242, 1248, 1254, 1260 and 1262). 12 November 12, 1975 ARTICLE 3 WASTEWATER DISCHARGE P&RMITS 301. INTRODUCTION To provide the maximum public benefit from the use of District facilities written authorization to use said facilities is required. This written authorization shall be in the form of a permit. No vested right shall be given by issuance of permits provided for in this Ordinance. , The wastewater discharge permit shall be in one of threg forms and is dependent upon the volume and characteristics of wastewater to be discharged. The three wastewater discharge permits are: 1. Class I Permit; 2. Class II Permit; 3. Temporary Permit. 302. CLASS I IIIASTE411TER DISCHARCE MrZM S All Class I users proposing to discharge into a public sewer must obtain . a wastewater discharge permit before discharging into a public sewer. All existing Class I users connecting to or discharging into a public sewer must obtain a wastewater discharge permit by the effective date of this Ordinance. For purposes of this Ordinance, a Class I user is any user who: 1. Has a discharge flow of 50,000 gallons or more per normal working day (or 12 million gallons or more per year) ; or • 2. Waste strength significantly (SOS) greater than domestic sewerage (domestic sewerage will •be considered to have a BOO of 250 mg/l and suspended solids of 250 mg/1) ; or • 3. Involves the discharge of components which may exceed the parameters as specified in Section 208, Limitations on Wastewater Strength. - 13 November 12, 1975' I 4 302.1 CLASS I PERMIT APPLICATION ( III i Users seeking a Class I wastewater discharge permit shall complete and I. . file with the District an application on the form prescribed by the General Manager. The applicant shall be required to submit, in units and terms appropriate for evaluation, the following information: a. Name, address, assessor's parcel number(s), assessed valuation and S.I.C. number(s) of applicants; b. Volume of wastewater to be discharged; C. Wastewater constituents and characteristics as deemed necessary by the District, including, but not limited to those mentioned in Section 208. These constituents and characteristics shall be determined by a State certified laboratory or by a laboratory of 'I e I the discharger approved by the District; ; d. Time and duration of discharge. f The applicant may be required to submit for evaluation the following information: f€ a. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation. �,,I , b• Number of employees and average hours of work per employee. � ! pp i Other information may be required to properly evaluate the permit I application.- After evaluation and acceptance of .the data furnished, I the District may issue a Class -I wastewater discharge permit subject 1 to terms and conditions provided in this Ordinance. III 14 . f I II November 12, 1975 I� 302.2 CLASS I PERMIT CONDITIONS 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 uniformly enforced by the District in accordance with this Ordinance and applicable State and Federal regulations. 302.3 CLASS I PEIU1IT, CONDITIONS THAT SHALL BE IN ALL PERMITS a. Maximum mass emission rates (1) Rate determination. Maximum mass emission rates for incompatible and/or compatible pollutants that are present or anticipated in the user's wastewater discharge shall be set for each user and made an applicable part of each user's permit. These rates shall be based on Section 208, Limitations on Wastewater Strength, and the user's average daily wastewater discharge for the past three years. When discharge data for three years isnot available, data for ayear, or that which is mutually acceptable to the user and. the District shall be used. (2) , Preliminary determination of, and fees for, non-compliance with permit requirements. Non-compliance with permit requirements may be determined by an analysis of a grab sample of the effluent of - a discharger for any constituent or condition specified in the user's permit. If the effluent of a user is found by the analysis of the grab sample to be in excess of the concentrations or conditions specified in Section 208, then a Sampling and Evaluation - Program may be initiated by the District. If the Sampling and Evaluation Program reveals non-compliance by the discharger with the mass emission rates or conditions specified in the user's permit, the user shall pay the fees as specified in - Tables II and III. The fees specified shall become retroactive to the date the.Sampling and Evaluation Program started. The fees for non-compliance, based on the mass emission rate determined 15 November 12, 1975" - in the Sampling and Evaluation. Program, shall continue to accumu- late on a daily basis until the discharger can show corrective action has been taken or compliance achieved, but for a period not to exceed ten normal working days. If the period of non- compliance continues for more than ten consecutive normal working days, the District may proceed with one of the following: (aa) Amend the existing permit. This may be done only when the discharger has shown good faith in trying to comply and requires additional time for construction and/or acquiring equipment. The permit may be amended for a period not to exceed 180 days; however, this period may be extended upon determination by the General Manager for good cause. (bb) Proceed with enforcement action as outlined in Article S. The payment of non-compliance fees will not relieve the discharger of the penalties as specified in Article S. Ii I I 16 r,. November 12, 1975 "J TABLE II FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS AND MASS EMISSION RATES Dollars per Pound per Day In Excess of Limit Arsenic $100.00 . Cadmium 100.00 Chromium (Total) 200.00 Copper 30.00 Lead "' 40.00 Mercury 100.00 Nickel 40.00 i Silver 100.00 Zinc 20.00 Cyanide (Tntai.) 40.00 Cyanide (Free, amendable to chlorination) 100.00 Total Identifiable Chlorinated Hydrocarbons 100.00 Phenols 50.00 Dissolved Sulfides 50.00 TABLE III FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS Dollars p er Hundred Pounds per Day in Excess of Limit B.O.D. $ 15.00 Suspended Solids 15100 Oil and Grease (Animal or Vegetable Origin) 200.00 Oil and Grease (Mineral or Petroleum Origin) 200,00 Total Dissolved Solids 20.00 Ammonia 20.00 17 November 12, 1975 71 b. Pretreatment Requirements - Users shall make wastewater acceptable under the limitations '.�'.. established in this Ordinance before discharging to any public +...,'. sewer. Any facilities required to pretreat wastewater shall be I' provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures may be : requested by District for review. The review of such plans and operating procedures will not relieve the user from the responsibility of modifying the facility as necessary to produce an effluent accep- table to the District under the provisions of this ,Ordinance. C. Permit Duration Permits shall be issued for a period not to exceed three years. A permit may be issued for a period less than three years, or may be stated to expire on a specific date. The terms and conditions of l the permit may be subject to modification and. change by the District I' ll during the life of the permit as limitations or requirements as y, 2 a_c le i -i ,' 1 be fonnod(tb:u:i�tlu i.e ?i-t iti_c ua x•_.,.. . .hsl ..-^. ..� proposed changes in their permit at least thirty (30) days prior to I � the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. I � d. Inspection and Sampling Conditions The District may inspect the wastewater generating and disposal facilities of any user to ascertain whether the intent of this jl Ordinance is being met and the user is complying with the require- ments. Persons or occupants of premises where wastewater is created li or discharged shall allow the District orits representatives ready access during the normal working day to, all parts of the wastewater j disposal facilities for the purposes of inspection and sampling. The District shall have the right to set up on the user's property 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 �f will be permittedto enter without delay for the purpose of performing . e their specific responsibilities. ' 1 18 November 12, 1975 - e. . Permit Revocation Conditions (1) Procedure. When the General Manager has reason to believe that any one of the conditions enumerated in Subsection (2) below exists, he shall give written notice thereof to the permittee. Said notice shall set forth the time and place where the charges shall be heard by the General Manager, The hearing date shall not be less than (IS) days from the mailing of such notice by certified mail to the permittee at the address shown on the permit, At the hearing, the permittee shall have an opportunity to refute the allegations set forth in the proposed permit revocation notice. If after the hearing, the General Manager finds that any one of the conditions hereinafter enumerated in Subsection (2) exists, he shall have the right to revoke the permit.. (2) Any one of the following is reason for permit revocation. (ez) Fail= cf _ vs__ tc factually port the aas'_..ater constituents and characteristics of his discharge. (bb) Failure of the user to report significant changes in operations or wastewater constituents and characteristics. (cc) Refusal of reasonable access to the user's premises for the purpose of, inspection or monitoring. (dd) Violation of permit requirements and/or this Ordinance. (ee) Failure to pay fees and charges for use established pursuant to this Ordinance, f. Procedure for Accidental Discharge In the event the discharger is unable to comply with any of the permit conditions due to a breakdown of waste treatment equipment, accidents caused by human error or acts of God, the discharger . - shall notify the District by telephone as soon as he or his agents have knowledge of the incident. Confirmation of this notification shall be made in writing within two weeks of the telephone 19 November 12, 1975* notification. The written notification shall include pertinent information explaining reasons for the non-compliance and shall indicate what steps were taken to correct the problem and the date of the incident, as well as what steps are being taken to prevent = the problem from recurring. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Ordinance. Such protection will be designed to secure the discharges to prevent them from entering into the system in accordance with reasonable engineering standards. Such facilities will be provided and maintained at the user's expense. If it can be shown that the accidental discharge is the cause of the District violating their discharge, requirements or incurring extra- ordinary operational expenses or suffering loss or damage to the facilities, then that discharger may be responsible for any costs I or expenses, including assessments by other agencies or the court, incurred by District. g. Confidential Information All information and data on a user shall be available to the public ,I and governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction 'I of the District that the release of such information would divulge i information, processes, or methods which would be detrimental to the user's competitive position. i e h. Permit Transfer Prohibitions Wastewater discharge permits are issued to a specific user for a , � ' specific operation at a specific location and create no vested rights. A Class I wastewater .discharge permit shall not be transferred for an operation at a different location nor for a new or changed operation without prior approval of the General Manager. 302. 4 CLASS I PERMIT CONDITIONS THAT MAY BE IN A PERMIT a• Limits on rate and time of discharge or requirements for flow regulations and equalization. 20 November 12, 1975 �' I r b. Requirements for maintaining plant records relating to wastewater discharge as specified by District, and affording district access thereto. C. Requirements for the user to construct and maintain, at his own expense, monitoring facilities. (See Sect, 507 for delinquent payments) 302.5 CLASS I PERMIT FEE The Class I permit fee shall be adopted by the Board of Directors. ' The permit fee shall be payable within thirty (30) days of invoicing by'.the District. 302.6 CLASS I CHARGE FOR USE The purpose of a charge for use is to insure 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 are used for recovering the cost of conveying, treating and disposing of sewage ih' District facilities and are exclusive of any fees levied by local cowering nger icc , The chir!j,e fnr pee shall be Faced nn the ' total maintenance, operation, capital expenditures and reserve requirements for providing wastewater collection, treatment and disposal. 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 charge rates adopted by the Board of Directors. The quarterly invoice may be based upon an estimate of the annual usa as determined by the District. Annually the District shall compute the charge for use based upon actual use for the preceding 12-month .period; any debit or credit adjustment for the preceding 12-month period shall be included on the next quarterly invoice. The charge for use is payable within thirty (30) days of invoicing by the District. A - credit will be allowed for the annual ad valorem tax levied by the District upon the property for which a permit has been issued by the District, exclusive of that portion .of the tax paid for debt service. Debt service shall be considered as interest payable on District's general obligation bonds and annual bond redemptions. 21 November 12, 1975 The charge for use shall be computed by the following formula: Charge for use - VoV + BoB + SoS 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 Vo,Bo,So unit charge rates adopted annually by the District j Board of Directors, based upon the funding require- j ments of providing sewerage service, in dollars - per unit as described below. The unit charge rates in the charge for use formula shall be established - annually and shall be determined by the following method: - a. The total annual operation and maintenance funding requirements of the sewerage system established in the adopted .budget shall be distributed 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 costs associated with each parameter and pur- suant 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. b. A capital facilities .charge for capital recovery and capital improve- ment shall be levied at the rate of $12S (one-hundred and twenty-five ' dollars) per million gallons of wastewater. This charge shall be distributed 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 22 November 12, 197S ' demand and suspended solids to be treated by the sewerage system in the budgeted year. (The capital facilities charge shall be reviewed by the Board of Directors every four years commencing with the first review on July 1, 1980.) _ C. The unit charge rates for each respective wastewater parameter in (a) and (b) above shall be summed. The unit wastewater charge rates so determined will be expressed in dollars per million gallons for Vo, and in dollars per thousand pounds for Bo and So. Other measurements of the organic content of the wastewater of a discharger, such as C.O.D. or T.O.C. , may be used instead of B.O.D. However, the discharger must establish for the District a relationship between the B.O.D. of his wastewater and the other measured parameter. 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 wastewaters of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: a. .10,000 gallons per employee per year; b. 20 pounds of suspended solids per employee per year; C. 20 pounds of biochemical oxygen demand (B.O.D.) 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 ending of each quarter, or other period that reflects normal employment fluctuations.) 302.7 CLASS I MONITORING CONDITIONS a. Monitoring for Annual Charge for Use The wastewater characteristics of the Class I discharger needed for determining the annual charge for use shall be submitted by the dis- charger to the District. The frequency of analyses and reporting shall be set forth in the permit. The analyses of these characteristics shall be a laboratory approved by the District. Analyses performed by District personnel may be used in the determination of the annual charge for use. b. Monitoring for Compliance with permit Requirements The wastewater constituents and characteristics having maximum mass 23 November 12, 1975 1 emission rateQequirements as specified in thaser's permit. may be ill, monitored by the discharger. Monitoring reports on these constituents and characteristics may be requested by the District. The frequency of determination and reporting shall be set forth in the permit. The analyses of the constituents and characteristics shall be by a laboratory approved by the District. The preparation of the monitoring report, if by other than the discharger, shall be by a firm approved by the District. '4 wq I 303. CLASS II PERMIT A Class II permit shall be required for users who discharge more than f �I 10,000 gallons per day (or 3 million gallons per year) but less than - ilia iii �. 50,000 gallons per day (or 12 million gallons per year) ; and are not required to obtain a Class I permit; and whose charge for use, as determined I , by Section 303.1 below, is greater than the ad valorem tax paid to the District, exclusive of debt service. yin , I 303.1 CLASS II CHARGE FOR USE gg Ili The purpose of a charge for use is to insure that each recipient of sewerage lib service from-the District pays its reasonably proportionate share of all costs of providing that sewerage service. Charges for use are used for recovering 1 the cost of conveying, treating and disposing of sewage in District facilities it w and are exclusive of any fees levied by local severing agencies. The charge for use shall be based on the total maintenance, operation, capital expendi- tures and reserve requirements for providing wastewater collection, treat- ;i ment and disposal. , q it I I jA discharger who is issued a Class II wastewater discharge permit under the 'i provisions of this Ordinance shall pay in accordance with the procedures contained herein and the charge rates adopted annually by the Board of Directors. This charge shall be determined as follows: a. The. total annual operation and maintenance funding requirements of the _ ; I sewerage system established in the adopted budget shall be distributed to the wastewater charge parameter flow. The operation and maintenance III costs as distributed to flow shall be divided by the projected annual total flow volume to be treated by the sewerage system in the budgeted year. I b. A capital facilities charge for capital recovery and capital improve- ment shall be levied at the rate of $125 (one-hundred and twenty-five 24 November 12, 1975 dollars) per million gallons of wastewater. .(The capital facilities charge shall be reviewed by the Board of Directors every four years commencing with the first review on July 1, 1980.) C. The charge rate for the wastewater parameter of flow as determined in (a) and (b) above shall be summed, and the rate so determined will be expressed in dollars per million gallons. d. The District shall invoice the user on a quarterly basis in accordance with policies and procedures adopted by the Board of Directors. The quarterly estimated charge for use shall be calculated by multiplying the charge rate as determined in (c) 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; any debit or credit adjustment for the preceding 12-month period shall be included on the next quarterly invoice. The charge for use is payable within thirty (30) days of invoicing by the District. A credit will be allowed for the annual ad valorem tax levied by the District upon the property for which a permit has been issued by the District, . exclusive of that portion of the tax paid for debt service. Debt service shall be considered as interest payable on District's general oblig. „r 1%on.'.s a,d .....m-1 band 303.2 CLASS II PERMIT APPLICATION Users required to obtain a wastewater discharge permit shall file an application on the forms prescribed by the District. 303.3 INSPECTION AND SAMPLING The District may inspect the wastewater generating and disposal facilities of any user to ascertain whether the intent of this Ordinance is being met and the user is complying with all requirements. Persons or occupants of premises where wastewater is created or discharged shall allow the District or its representatives ready access during the normal working day to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling. The District shall have the right to set up on the user's property such devices as are necessary to conduct sampling or . metering operations. 25 November 12, 1975 - IHr � Where a user has security measures in force, the user shall make necessary arrangements so that personnel from the District will be � . I ' permitted to enter without delay for the purpose of performing their specific responsibilities. I � 303.4 PRETREATMENT i Users shall make wastewater acceptable under the limitations established herein before discharging to any public sewer. Any facilities required to pretreat wastewater shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures may be requested by the District for review. The review of such plans and I , operating procedures will not relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the District under the provisions of this Ordinance. 303.S PERMIT TRANSFER PROHIBITIONS Wastewater discharge permits are issued to a specific user for a specific operation at a specific location. A Class II wastewater discharge permit .'I shall not be transferred for u:: uperailva ni location, nor for a new or changed operation without prior approval of the General Manager. 303.6 REVOCATION OF A PERMIT a. Procedure. When the General Manager has reason to believe that any one of the conditions enumerated in Subsection b below exists, he shall give written notice thereof to the permittee. Said notice it shall set forth the time and place where the charges shall be heard by the General Manager. The hearing date shall not be less than ! fifteen (15) days from the mailing of such notice by certified mail + to the permittee at the, address shown on the permit. At the hearing the permittee shall have an opportunity to refute the allegations set forth in the proposed permit revocation notice. If after the hearing the General Manager finds that any one of the conditions hereinafter enumerated in Subsection b exists, he shall have the right to revoke the permit. . 26 November 12, 1975 b. Any of the following is reason for permit revocation: (1) Failure of a user to factually report the wastewater constitu- ants and characteristics of his discharge. (2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics. (3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. (4) Violation of permit requirements and Ordinance conditions. (5) Failure to pay fees and charges for use established pursuant to this Ordinance. - 303.7 DURATION OF PERMITS Permits shall be issued for a period not to exceed three years. A permit may be issued for a period less than three years or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification and change by the District during the life of the permit as limitations or requirements as identified in Article 2 are modified. The user shall be informed of any piuposed changes in his permit at least 30 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. TEMPORARY PERMIT A permit shall be required of all users granted temporary permission by - the District to discharge unpolluted water, storm drainage, and ground water directly or indirectly to the District's sewerage facilities. (See Section 202 and 203.) This temporary permit is normally granted when no _ alternate method of disposal is reasonably available. 304.1 TEMPORARY PERMIT APPLICATION - '—Users seeking a temporary wastewater discharge permit shall complete and file with the District, prior to commencing discharge, an application in the form prescribed by the General Manager. This application shall be accompanied by the applicable fees. . 27 November 12, 1975 304.2 CHARGES FOR USE AND FEES A non-refundable fee of $250 and a deposit to be determined by the District sufficient to pay the estimated charges for use shall accompany the temporary permit application, and said deposit shall be applied to the charges for use. A charge for use to cover all costs of the District for providing sewerage service and monitoring shall be adopted by annual resolution of the District. 304.3 MONITORING FACILITIES The District may require the user to construct and maintain, at his own expense, monitoring facilities. 304.4 INSPECTION AND SAMPLING The District may inspect the facilities of any user to ascertain whether the intent of this Ordinance and all requirements are being met. Persons or occupants of premises where wastewater is created or discharged shall allow the District or its representatives access during normal working days to all wastewater generating and disposal facilities for the purposes of inspection and sampling. The District- shall have the right to set up on the users property 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 will be permitted to enter without delay for the purpose of performing their specific responsibilities. 304.5 DURATION OF PERMIT A temporary permit shall be issued for a definite period and shall expire on a specific date. This period may be extended, however, upon determination by the General Manager for good cause. 304.6 CONDITIONS OF PERMIT The District shall specify and make part of each temporary permit specific conditions and pretreatment requirements. 28 November 12, 1975 ARTICLE 4 -� CONNECTION PERMITS - 401. INTRODUCTION 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. 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 sewering agency authorized to maintain public sewerage facilities. However, a permit may be issued for property to be served outside the boundaries of a local sewering agency if a local sewering. agency makes application for the issuance of such permit. . 402. DISTRICT NO. 5 CONNECTION CHARGES 1. District Connection Charges Before any connection permit shall be issued, the applicant shall pay to the District, or its agent, the charges specified .herein. (a) Connection charge for new construction, family dwelling buildings. For each new family dwelling building constructed, the connection charge shall be $170 per dwelling unit. If on or before December 1, 1975, and on or before each succeeding December 1, the Directors of theDistrict by resolution duly adopted, resolve and direct, the aforesaid connection charge shall be 29 November 12, 1975 'III increased, effective the next succeeding January 1, by. adding thereto the sum of $5.00. (b) Connection charge for new construction, other than family dwelling buildings. For all other new construction, including but not limited to commercial and industrial buildings, hotels and motels and public buildings, the connection charge shall be $87.50 per 1000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new con- struction shall be $87.50. If on or before December 1, 1975, and on or before each succeeding December 1, the Directors of the District by resolution duly adopted, resolve and direct, effective the next succeeding January 1, the aforesaid charges shall be - increased by adding thereto the sum of $2.50. (c) Connection charge for replacement buildings. For new construction replacing former buildings, the connection charge shall be calculated on the same basis as provided in Paragraphs (a) and (b) above. if such. replacement construction is commenced within two years after demolition or destruction of the former building, a credit against such charge shall be allowed, calculated on the basis of the current connection charge applicable for the new construction of the building o demolished or destroyed. In no case shall such credit exceed the 1 connection charge. (d) Connection charges for additions to or alterations of existing buildings. I . In the case of structures where further new construction or alteration is mado to increase the occupancy of family dwelling buildings or the area of buildings to be used for other than family dwelling buildings, the connection charge shall be $170 r for each dwelling unit added or created and in the case of new construction other than family dwelling buildings, it shall be j 1 $87..50 per 1000 square feet of additional floor area contained within such new construction provided that new construction shall contain additional fixture units. If on or before December 1, 1975, 30 II November 12, 1975 Ili and on or before each succeeding December 1, the Directors of the District by resolution duly adopted resolve.and direct, the aforesaid charges shall be increased, effective the next succeeding January 1, by adding thereto the sums of $5.00 and $2.50 respectively. (a) Payment of connection charges. Payment of 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 sewer 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. (f) Schedule of charges. A schedule of charges specified herein will be on file in the office of the Secretary of the District and in the Building Dcp:ru:ent of the City of Neurport Beach.' 31 November 12, 1975 32 November 12, 1975 ARTICLE 5 - ENFORCEMENT - SOL ENFORCEMENT PROVISIONS The District can require compliance with permit conditions or limitations by issuing administrative orders that are enforceable in a court of law or by directly seeking court action. SO2. ADMINISTRATIVE ORDERS 1. - Cease and Desist Orders , When the District finds that a discharge of wastewater has taken . place in violation of prohibitions or limitations of this Ordinance or the provisions of a wastewater discharge permit, the General Manager may issue a cease and desist order and direct that those persons not complying with such prohibitions, limitations, requirements or provisions: (a) Comply immediately; or (h) Comply in accordance with a time schedule set forth by the District. 2. Public Nuisance Discharges of wastewater in any manner in violation of this Ordinance or of any order issued by the General Manager as authorized by this Ordinance are 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. 3. Termination of Service The District may revoke any wastewater discharge permit, or terminate sewerage service to any premise if the permittee is in violation of any provision of this Ordinance. All costs for terminating service shall be paid by the permittee; all costs for reinstituting service shall be paid by the permittee. 33 November 12, 1975 - O , � l 503. CIVIL ACTION 1. Injunction Whenever a discharge of wastewater is in violation of the provisions of this Ordinance, the District may petition the Superior Court for the issuance of a preliminary or permanent . � injunction or both, as may be appropriate in restraining the continuance of such discharge. i 2. Civil Penalties. Any person who violates any provision of this Ordinance or permit condition or who violates any cease and desist order, prohibition, or effluent limitation, shall be liable civilly for a penalty not to exceed $6,000 for each day in which such pi violation occurs. The legal counsel of the District, upon d, order of the District's Board of Directors, shall petition the Superior Court to impose, assess and recover such penalties. 3. Criinxl Pcnal;ics Any person who violates any provision of this Ordinance or permit � condition or who violates any cease and desist order, prohibition or effluent limitation, is guilty of a misdemeanor, which, upon ; .. conviction, is punishable by a fine not to exceed one hundred dollars ($100), or imprisonment for not more than thirty (30) � days in the County Jail, or both. 504. DAFIAGE TO FACILITIES OR INTERRUPTION OF NORPIAL OPERATIONS When a discharge of wastes causes an obstruction,damage, or any other impairment to District's operation or facilities, the District !' may assess a charge against the discharger for the work required to clean or repair the facility or costs incurred to resume normal operations. A service fee of 2S percent of District's costs shall • ' +' be added to these charges and shall be payable within thirty B P Y y (30) days of invoicing by the District. n 34 � 4 November 12, 1975 505. FALSIFYING INr^RMATION Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the District or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance, shall violate this Ordinance. 506. APPEALS Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease and desist orders, made by the General Manager, interpreting or implementing the provisions of this Ordinance or in any permit issued herein, may file with the General Manager a written request for reconsideration within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration. The General Manager shall render a decision on the request for reconsideration to the user, permit applicant or permit holder in writing within 15 days of receipt of request. If the ruling on the request for reconsideration made by the General Manager is unsatis- factory, the person requesting reconsideration may, within 10 days after notification of the General Manager's- action, file a written appeal with the Secretary of the Board. y A fee of $100 shall accompany any appeal to the Board of Directors of the District for a ruling of the District. This fee may be refunded if the appeal is sustained in favor of the appellant. The written appeal shall be heard by the District within 45 days from the date of filing. The District's Board of Directors shall make a final ruling on the appeal within 60 days from the date of filing. 507. PAYMENT OF CHARGES AND DELINQUENCIES Except as otherwise provided, all charges and penalties made pursuant to the provisions of this Ordinance are due an payable upon receipt of notice thereof. All such charges shall become delinquent thirty -(30)` ddys after-mailing notice-thereof to_ihe mailing address of the discharger- subject-to such-charges. 35 November 12, 1975 - Any charge that becomes delinquent shall have added- to it a penalty �� . charge equal to ten percent of the charge that became delinquent and jthereafter an additional penalty shall 'accrue on the total charge due, including the ten percent basic penalty at the rate of one-half ', . of one percent per month until paid. 508. COLLECTION 1 Upon motion by the Board of Directors of the District, any charge and i �. all penalties thereon shall be collected by lawsuit in the name.of the District. Any such action for collection may include an application j for an injunction to prevent repeated and recurring violations of this Ordinance. 509. WAIVER OF ORDINANCE PROVISIONS , .. In the event of any declared local, state or federal emergency, the provisions of this Ordinance may be waived by resolution of the Board of Directors. 510. LOCAL AGENCY EXEMPTION FROM CHARGES No excess capacity connection charges or use charges, as specified herein, shall be payable for the discharge of sewage or industrial waste from property in the District owned or leased by elementary, high school, and junior college school districts, special districts, the County of Orange, and cities, provided however, that such property is not used for proprietary purposes. i November 12, 1975NAMMA ' Y�IV ARTICLE 6 SEVERABILITY If any provision of these regulations or the application to any person or circumstances is held invalid, the remainder of the regulations or the applica- tion of such provision to other persons or other circumstances shall not be affected. 37 November 12, 1975 56 November 12, 1975 e ARTICLE 7 REPEAL Ordinances Nos. 505 and 507.are hereby repealed on the effective date hereof and all Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with the provisions of this Ordinance. 39 November 12, 1975 ao Novembor 12, 1975 ARTICLE 8 EFFECTIVE DATE The effective date of this Ordinance shall be July 1, 1976. .4 41 November 12, 1975 PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 5, of Orange County, California, at a regular meeting held on the 12th day of November, 1975. Chairman of the BoDirectors, County Sanitation District No. 5, of Orange County, California ATTEST: Secr7�tary o �'e Board of Directors, CquT(ty itation District No. 5, Or a County, California 42 STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) I, J. WAYNE SYLVESTER, Secretary of the Boards of Directors of County Sanitation District No. 5 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 508 was regularly passed and adopted at a regular meeting of said Board on the 12th day of November, 19 75 , by the following vote, to wit: AYES: Directors Don McInnis (Chairman), Thomas Riley, and Howard Rogers NOES: None ABSTENTIONS: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of November, 19 75 . J a ester, Secretary, l/./ion, ' f D' ectors9 County i do District No.S of range County, California