HomeMy WebLinkAboutOrdinance No. 514 ORDINANCE NO. 514
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5
ESTABLISHING REGULATIONS FOR THE USE OF
DISTRICT SEWERAGE FACILITIES, AND REPEALING
ORDINANCES NOS. 508 AND 510
INTRODUCTION AND SUMMARY
The County Sanitation Districts of Orange County were formed during the 1946-47
era, but did not commence operation until 1954 when they acquired the existing
treatment facilities in Fountain Valley and completed the treatment plant and
ocean outfall in Huntington Beach. Recognizing the need to control the quantity
and quality of wastewaters discharged to the sewer system, 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 for the purpose of issuing permits, setting flow and
quality limits and monitoring discharges to the system.
The administrative procedures and use charges were modified with each revision,
but the basic quality requirements remained essentially the same. These quality
requirements were effective from February 1954 until July 1, 1976, when a new
Ordinance titled "Regulations for Use of District Sewerage Facilities" became
effective. That Ordinance was established with four primary goals:
• To control heavy metals and non-compatible wastes discharged
to the sewer system in a practical and cost-effective manner.
• To encourage industry to reduce the volume of water discharged
to the sewer system.
a To establish an effective monitoring program for the control of
__. industrial wastewaters, with enforcement to insure equal treat-
ment to all dischargers.
• To equitably allocate treatment costs.
This document incorporates necessary modifications to implement and enforce
current Federal , State and District standards and goals.
It will continue to be the Districts' objective to issue permits to all
Industrial/Commercial Users who discharge, or have the potential to discharge,
incompatible pollutants to the sewerage system and/or whose charge for use
exceeds that .amount allocated to the Districts through the ad valorem tax bill .
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1982
TABLE OF CONTENTS
SECTION PAGE
ARTICLE 1
GENERAL PROVISIONS
101. PURPOSE AND POLICY . . . . . . . . . . . . . . . . 1 .
102. DEFINITIONS . . . . . . . . . . . . . . . . . . . 2
103. CONFIDENTIAL INFORMATION . . . . . . . . . . . . . 9
104. PERMIT TRANSFER PROHIBITIONS . . . . . . . . . . . 9
105. PERMITS-CHANGE OF OWNERSHIP . . . . . . . . . . . 9
106. MASS EMISSION RATE DETERMINATION . . . . . . . . . 9
107. DELEGATION OF AUTHORITY . . . . . . . . . . . . . 10
ARTICLE 2
GENERAL PROHIBITIONS AND LIMITATIONS ON DISCHARGES
201. PROHIBITED DISCHARGES . . . . . . . . . . . . . 11
202. PROHIBITIONS ON STORM DRAINAGE AND GROUND WATER. . 11
203. PROHIBITION ON UNPOLLUTED WATER . . . . . . . . . 12
204. LIMITATIONS ON RADIOACTIVE WASTES . . . . . . . . 12
205. LIMITATIONS ON THE USE OF GRINDERS . . . . . . . . 12
206. LIMITATIONS ON POINT OF DISCHARGE . . . . . . . . 12
207. LIMITATIONS ON SEPTIC TANK AND CESSPOOL WASTES 13
208. LIMITATIONS ON WASTEWATER STRENGTH AND
CHARACTERISTICS . . . . . . . . . . . . . . . . . 13
209. LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL
SOLUTIONS AND SLUDGES . . . . . . . . . . . . . . 14
210. BATCH DUMPS . . . . . . . . . . . . . . . . . . . 14
M
SECTION PAGE
ARTICLE 3
WASTEWATER DISCHARGE PERMITS AND FEES
301. INTRODUCTION . . . . . . . . . . . . . . . . . . 15
302. CLASS I WASTEWATER DISCHARGE PERMITS . . . . . . . 15
302.1 CLASS I PERMIT APPLICATION . . . . . . . . . . . . 16
302.2 CLASS I PERMIT CONDITIONS, LIMITATIONS AND
STIPULATIONS THAT MAY BE IN A PERMIT . . . . . . . 16
302.3 CLASS I PERMIT FEE . . . . . . . . . . . . . . . . 17
302.4 PERMIT DURATION . . . . . . . . . . . . . . . . . 17
302.5 TERMS AND CONDITIONS . . . . . . . . . . . . . . . 16
302.6 CLASS I CHARGE FOR USE . . . . . . . . . . . . . . 16
303. CLASS II WASTEWATER DISCHARGE PERMITS . . . . . . 20
303.1 CLASS II PERMIT APPLICATION . . . . . . . . . . . 21
303.2 CLASS II PERMIT CONDITIONS, LIMITATIONS AND
STIPULATIONS THAT MAY BE IN A PERMIT . . . . . . . 21
303.3 CLASS II PERMIT FEE . . . . . . . . . . . . . . . 22
303.4 PERMIT DURATION . . . . . . . . . . . . . . . . . 22
303.5 TERMS AND CONDITIONS . . . . . . . . . . . . . . . 22
303.6 CLASS II CHARGE FOR USE . . . . . . . . . . . . . 22
304. CLASS III WASTEWATER DISCHARGE PERMITS . . . . . . 24
304.1 CLASS III PERMIT APPLICATION . . . . . . 25
304.2 CLASS III PERMIT CONDITIONS, LIMITATIONS AND
STIPULATIONS THAT MAY BE IN A PERMIT . . . . . . . 26
304.3 CLASS III PERMIT FEE . . . . . . . . . . . . . . . 26
304.4 PERMIT DURATION . . . . . . . . . . . . . . . . . 26
304.5 CLASS III CHARGE FOR USE . . . . . . . . . . . . . 26
305. TEMPORARY PERMITS . . . . . . . . . . . . . . . . 27
305.1 TEMPORARY PERMIT . . . . . . . . . . . . . . . . . 27
(fi)
SECTION PAGE
305.2 TEMPORARY PERMIT APPLICATION . . . . . . . . . . 27
305.3 CONDITIONS OF A TEMPORARY PERMIT . . . . . . . . 27
305.4 TEMPORARY PERMITS-FEES . . . . . . . . . . . . . 27
305.5 TEMPORARY PERMITS-CHARGE FOR USE
(DEWATERING, MISCELLANEOUS) . . . . . . . . . . . 28
305.6 PERMIT DURATION . . . . . . . . . . . . . . . . . 28
306 WASTEHAULER PERMIT . . . . . . . . . . . . . . . 28
306.1 WASTEHAULER PERMIT-FEES . . . . . . . . . . . . . 28
306.2 WASTEHAULER PERMITS-CHARGE FOR USE . . . . . . . 28
306.3 WASTEHAULER PERMIT CONDITIONS, LIMITATIONS AND
STIPULATIONS THAT MAY BE IN PERMIT . . . . . . . 28
306.4 PERMIT DURATION . . . . . . . . . . . . . . . . . 28
307 LOCAL GOVERNMENT AGENCY EXEMPTION FROM CHARGES . 29
308 EXCESS CAPACITY CHARGE . . . . . . . . . . . . . 29
309 OUT OF DISTRICT PERMITS/DISCHARGERS . . . . . . . 29
ARTICLE 4
MONITORING, REPORTING, AND INSPECTION REQUIREMEMTS
401. MONITORING AND REPORTING CONDITIONS . . . . . . . 30
401.1 INSPECTION AND SAMPLING CONDITIONS . . . . . . . 30
401.2 REPORT OF ACCIDENTAL DISCHARGE . . . . . . . . . 30
ARTICLE 5
FACILITIES REQUIREMENTS
501. PRETREATMENT . . . . . . . . . . . . . . . . . . 32
501.1 SPILL CONTAINMENT . . . . . . . . . . . . . . . . 32
501.2 MONITORING/METERING FACILITIES . . . . . . . . . 32
(iii)
SECTION PAGE
ARTICLE 6
ENFORCEMENT
601. NON-COMPLIANCE WITH PERMIT REQUIREMENTS
AND APPLICABLE FEES . . . . . . . . . . . . . . 33
601.1 NON-COMPLIANCE WITH PERMIT REQUIREMENTS
(WASTEHAULER) . . . . . . . . . . . . . . . . . . 36
601.2 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL
OPERATIONS . . . . . . . . . . . . . . . . . . . 36
601.3 REVOCATION OF PERMITS . . . . . . . . . . . . . . 37
601.4 BATCH DUMPS . . . . . . . . . . . . . . . . . . . 38
601.5 ENFORCEMENT PROVISIONS . . . . . . . . . . . . . 38
601.6 ADMINISTRATIVE ORDERS . . . . . . . . . . . . . . 38
601.7 CIVIL ACTION . . . . . . . . . . . . . . . . . . 39
601.8 APPEALS . . . . . . . . . . . . . . . . . . . . . 40
601.9 PAYMENT OF CHARGES AND DELINQUENCIES . . . . . . 40
601.10 COLLECTION . . . . . . . . . . . . . . . . . . . 41
602 REINSTATEMENT DEPOSIT . . . . . . . . . . . . . . 41
ARTICLE 7
CONNECTION PERMITS AND FEES
701. INTRODUCTION - ALL DISTRICTS . . . . . . . . . . 42
702. DISTRICT NO. 5 CONNECTION CHARGES . . . . . . . . 43
(iv)
SECTION PAGE
ARTICLE 8
SEVERABILITY
801 . SEVERABILITY . . . . . . . . . . . . . . . . . . 45
ARTICLE 9
REPEAL
901. REPEAL . . . . . . . . . . . . . . . . . . . . . 45
ARTICLE 10
EFFECTIVE DATE
1001 . EFFECTIVE DATE . . . . . . . . . . . . . . . . . 45
(v)
ORDINANCE NO. 514
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 5 ESTABLISHING
REGULATIONS FOR USE OF DISTRICT SEWERAGE FACILITIES,
AND REPEALING ORDINANCES 508 AND 510
The Board of Directors of County Sanitation District No. 5 of
Orange County, California does hereby ORDAIN:
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 State and Federal regulations, and by providing pro-
cedures that will allow 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 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 regulation of wastewater discharges to the public sewer. This
Ordinance establishes quantity and quality limitations on all
wastewater discharges which may adversely affect the District' s
sewerage systems, processes, effluent quality, or inhibit the
District' s ability to meet special discharge criteria. It is the
intent of these limitations to improve the quality of wastewater
being received for treatment and to encourage water conservation by
all users connected to a public sewer. Implication of this intent
is the District' s policy of discouraging an increase 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 the
establishment of 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 water supply, the adoption of programs for reclamation
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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.
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 AmericFn
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 levied
andallocated 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 shalt mean that portion of the total assessed
value of the and improvements upon which District taxes
are collected and allocated.
3. Batch Dumps shall mean the willful discharging of concentrated
non-compatible pollutants in a manner or method that is not
approved by the District.
4. Board shall mean the Board of Directors of the County
Santation District No. of Orange County,
California.
5. B.O.D. (Biochemical Ox en Demand) shall mean the measure of
bio egradab a organic mater a 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.
6. Cate orfcal Pretreatment Standards shall mean those final
regu at ons promu gated and adopted by EPA for each standard
industrial classification (S.I.C. ) or subcategory containing
pollutant discharge limits.
7. Chief Engineer shall mean an individual appointed to the
positi�o Chief Engineer.
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8. Class I User shall mean any user who:
a) Has a discharge flow of 50,000 gallons or more per normal
working day or 12 million gallons or more per year; or
b) Involves the discharge of wastewater which may contain,
at any given time, any of the components as specified
in Section 204, Limitations on Radioactive Wastes, and
in Section 208, Limitations on Wastewater Strength; or,
c) Is subject to Federal categorical pretreatment standards
as defined by the Environmental Protection Agency (EPA).
9. Class II User shall mean any industrial user who discharges
less than 50,000 gallons per day or 12 million gallons per year
and whose charge for use is greater than the ad valorem tax
paid to the District, exclusive of debt service, and is not
otherwise required to obtain a Class I permit.
10. Class III User shall mean any service user that discharges only
sanitary waste and whose charge for use is greater than the ad
valorem tax paid 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 equiva-
lent for B.O.D. and suspended solids (250 milligrams per
liter) .
11 . C.O.D. (Chemical Ox en Demand) shall mean the measure of
chem ca y oxidizab a materia in domestic or other waste-
waters as determined by appropriate testing procedures and
expressed in terms of mass per volume (mg/1 ).
12. CSDOC shall mean County Sanitation Districts of Orange County.
13. Compatible Pollutant shall mean a combination of biochemical
oxygen demanded solids, pH, fecal coliform bacteria,
plus other pollutants that the District's treatment facilities
are designed to accept and/or remove. Some compatible
pollutants may be considered incompatible when discharged in
significant quantities.
14. Development shall mean parcel of land on which dwelling
units, commercial or industrial buildings or other
improvements are built.
15. 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.
16. District shall mean any individual or combination of individual
County Tanitation Districts No. 1, 2, 3, 5, 6, 7 or 11 of
Orange County and shall include any Districts that are
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formed after the effective date of this Ordinance that are
included in the Joint Administrative Organization.
17. District Connection Charge shall mean a fee imposed by the
governing District for connecting directly to a District
sewerage facility or to a sewer which ultimately discharges
into a District sewerage facility.
18. District Sewerage Facility shall mean any property belonging to
The District used in the treatment, reclamation, reuse,
transportation, or disposal of wastewater.
19. Domestic Wastewater shall mean the liquid and solid and water-
borne 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. The strength shall be considered to
have 250 milligrams per liter (250 mg/1 ) BOD and suspended
solids.
20. Dwelling Unit shall mean a single unit providing complete,
independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and
sanitation.
For the purpose of this Ordinance, a mobile home space shall be
considered as a Dwelling Unit. More than one Dwelling Unit per
structure and/or lot shall be deemed multiple Dwelling Units.
21 . Enforcement Compliance Schedule Agreement (EC SA) shall mean the
mutual agreement whereby the District can adjust permitted
limits to allow a company adequate time for implementation of
pretreatment practices and/or equipment to insure permit
compliance.
22. 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.
23. General Manager shall mean the individual duly designated by
the Board of Directors of the District to administer this
Ordinance.
24. Incom atible Pollutant shall mean any pollutant which is not a
compatib a po utant as defined herein.
25. Industrial User shall mean any user that discharges water-
carried wastes and wastewaters to the District's sewerage
facilities, as defined by EPA regulations set forth in
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40 CFR 35.905 and as identified in the Standard Industrial
Classification Manual , 1972, Office of Management and Budget,
as amended and supplemented, under Divisions A, B, C, D, E
and I.
26. 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, agricultural or other operation. These may also
include wastes of human origin similar to domestic wastewaters.
27. Inspector shall mean a person authorized by the General Manager
to inspect any development discharging or anticipating
discharge to wastewater conveyance, processing and disposal
facilities.
28. LEL (Lower Ex losive Limit) shall mean the minimum
concentration o a corn ust le 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.
29. Liquid Waste Manifest shall mean that receipt which is retained
by the generator as required by the California Department of
Health Services and/or the United States Government pursuant to
the Resources Conservation Recovery Act.
30. Local Sewering 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.
31 . Mass Emission Rate shall mean the weight of material discharged
to the s�m 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.
32. May shall mean permissive.
33. Milligrams per liter shall mean a unit of the concentration of
water or wastewater constituent. 'It is O.00Ig of the constitu-
ent in 1,000 ml of water. It has replaced the unit formerly
used commonly, parts per million, to which it is approximately
equivalent in reporting the results of water and wastewater
analysis.
34. New Construction shall mean any structure planned or under
construction which a connection permit has not been issued.
35. Normal Working Day shall mean the period of time during which
production and/or operation is taking place.
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36. pH shall mean the logarithm of the reciprocal of the quantity
of hydrogen ions in moles per liter of solution used in
expressing both acidity and alkalinity on a scale ranging from
0 to 14 where 7 represents neutrality, numbers less than 7
increasing acidity, and more than 7 increasing alkalinity.
37. Permittee shall mean a person who has applied for and received
permission to discharge pollutants into the District' s sewerage
system subject to the requirements and conditions established by
the District.
38. Person shall mean any individual , partnership, firm,
association, corporation or public agency, including the
State of California and the United States of America.
39. 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.
40. Pretreatment shall mean the reduction of the amount of pollu-
tants, the elimination of pollutants, or the alteration of the
nature of pollutant properties in wastewater to a less harmful
state prior to discharge of the wastewater into the District's
system. The reduction or alteration can be obtained by physi-
cal, chemical or biological process, or process changes by
other means.
41 . Pretreatment Pacilit shall mean any works or devices for the
treatment or flow imitation of wastewater prior to discharge
. into a public sewer.
42. PriorPriorit PollutantsPollutants shall mean a listing of the toxic
po utan-1T is identified by EPA as having the greatest
environmental concern and as incompatible and requiring
pretreatment prior to discharge in order to prevent inter-
ference with District's operation, sludge contamination or
treatment system pass-through into receiving waters or into
the atmosphere.
43. Public Agency shall mean the State of California and any city,
county, district, other local authority or public body of or
within this State.
44. Public Sewer shall mean a sewer owned and operated by the
District, a City or other local sewering agency which is
tributary to treatment facilities operated by the District.
All public sewers must be constructed in accordance with
District' s regulations and specifications for construction of
sanitary sewers.
45. RCRA shall mean Resource Conservation and Recovery Act of 1976
(42 U.S.C. 6901 , et sec . ).
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46. Regulatory Agencies shall mean those agencies affecting the
operation of the County Sanitation District of Orange County,
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 (SWRCB); and,
c) California Regional Water Quality Control Board (RWQCB).
47. Routine Sampling shall mean a twenty-four (24) hour composite
sample.
48. Sampling and Evaluation Program (S&E) shall mean the
determination of mass emission of constituents or other
conditions specified in the user' s permit over a period
of time not to exceed ten normal working days.
49. Sanitary Waste -shall mean domestic wastewater.
50. Sewage shall mean wastewater.
5" Sewerage Facilities shall mean any and all facilities used for
collecting, conveying, pumping, treating and disposing of
wastewater.
52. Shall shall mean mandatory.
53. Spill Containment shall mean a protection system installed by
the permittee to prohibit the accidental discharge to the sewer
of incompatible pollutants.
54. Standard Industrial Classification (S.I.C. ) shall mean a system
of classifying industries as identified in the S.I.C. Manual ,
1972, or subsequent edition, as prepared by the Office of
Management and Budget.
55. 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 Hea th
Association, the American Water Works Association and Water
Pollution Control Federation.
56. 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 deter-
mined by the appropriate testing procedure.
57. Tax Credit shall mean that portion of the discharger's County of
Orange Ad Valorem Tax Bill allocable to the District, exclusive
of bonded indebtedness.
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58. 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.
59. T.O.C. (Total Or anic Carbon) shall mean the measure of total
organic car on in domestic or other wastewater as determined by
the appropriate testing procedure.
60. Unpolluted Water shall mean water to which no constituent has
been added ded either intentionally or accidentally.
61 . 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.
62. User Charge shall mean a charge established and levied by the
District that provides for the operation and maintenance expenses,
capital expansion, capital recovery and adequate reserves for
the sewage treatment works upon residential , commercial and
industrial users in proportion to the use of the treatment
works by their respective class.
63. 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.
64. 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.
65. Wastewater shall mean waste and water, whether treated or
untreated, discharged into or permitted to enter a public
sewer.
66. Wastewater Constituents and Characteristics shall mean the
individual chemical , physical , acter o ogical and radiological
parameters, including volume and flow rate and such other para-
meters 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.
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103. CONFIDENTIAL INFORMATION
All information and data on a user 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, pro-
cesses 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 holding such infor-
mation from the general public under applicable State and Federal law.
In any event, information concerning wastewater quality and quantity
will not be deemed confidential .
104. PERMIT TRANSFER PROHIBITIONS
Wastewater discharge permits issued under this Ordinance are for a
specific user, for a specific operation at a specific location and
create no vested rights. Discharge permits or their mass emission
rates 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.
105. PERMITS - CHANGE OF OWNERSHIP
Upon 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 prior to the transfer. The successor owner shall
be required to apply for and receive a new permit in accordance with
the provisions of this Ordinance.
106. MASS EMISSION RATE DETERMINATION
A. Maximum mass emission rates for incompatible and/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 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 is not available, data for a'
year, the most recent representative data, or that which is
mutually acceptable to the user and the District shall be used.
All mass emission rates must receive final approval by the Chief
Engineer.
B. The excess use of water to establish an artificially high data base
for mass emission rates is prohibited. To verify operating data,
an industry may be requested to inventory all wastewater streams.
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C. The District may revise mass emission rates previously established
in the discharger's permit at any time, based on current and/or
anticipated operating data or changes in Federal or State regula-
tions.
107. DELEGATION OF AUTHORITY
Any of the duties of the General Manager established by this Ordinance
may be delegated.
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ARTICLE 2
GENERAL PROHIBITIONS AND LIMITATIONS ON DISCHARGES
201. PROHIBITED DISCHARGES
No person shall discharge a quantity or quality of wastewater
directly or indirectly to sewerage facilities owned by or tributary
to the District's sewerage system which causes, or is capable of
causing, either alone or by interaction with other substances:
A. A fire or explosion;
B. Obstruction of flow in the sewer system or damage to the
sewerage facilities;
C. Danger to life or safety of any person;
D. Impairment of the effective maintenance or operation of the
sewerage system;
E. The release of toxic or malodorous gas-producing substances;
F. Interference with the wastewater treatment process;
G. The District' s effluent or any other product of the treatment
process, residues, sludges or scums, to be unsuitable for
reclamation, reuse or disposal;
H. Discoloration or any other condition which affects the quality
of the District's treatment works effluent in such a manner
that receiving water quality requirements established by
regulatory agencies cannot be met;
I. Conditions which violate any statute or any rule, regulation,
or ordinance of any public agency or State or Federal regulatory
body having Jurisdiction over the discharge of wastewater
through the sanitary sewer system.
202. PROHIBITIONS ON STORM DRAINAGE AND GROUND WATER
A. Storm water, ground water, street drainage, surface drainage,
subsurface drainage, or yard drainage shall not be discharged
directly or indirectly to the District's sewerage facilities.
Pursuant to Section 305, at seq., the Districts may approve the
discharge of such water on a temporary basis only when no alternate
method of disposal is reasonably available. Approval may also be
given to mitigate an environmental or health hazard with the
installation of appropriate rainwater diversion devices or facilities.
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B. 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.
203. PROHIBITION ON UNPOLLUTED WATER
A. Unpolluted water such as single pass cooling water shall not be
discharged directly or indirectly to the District's sewerage
facilities. Pursuant to Section 305, et seMt . , the District may
approve the discharge of such water on a temporary basis only when
no alternate method of disposal or reuse is reasonably available.
B. 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. LIMITATIDNS ON RADIOACTIVE WASTES
No person shall discharge, or cause to be discharged, any radioactive
waste into a public sewer except:
A. 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;
B. When the waste is discharged in strict conformity with current
California Radiation Control Regulations (California
Administrative Code, Title 17) for safe disposal;
C. When the person is in compliance with all rules and regulations
of all other applicable regulatory agencies; and,
D. When a Class I permit has been obtained from CSDOC.
205. LIMITATIONS 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 sewer.
206. LIMITATIONS ON POINT OF DISCHARGE
No person, except 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
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an approved building sewer, unless approved by District upon written
application by the user and payment of the applicable fees and charges
established herein.
207. LIMITATIONS ON SEPTIC TANK AND CESSPOOL WASTES
A wastehauler/user- proposing to discharge septic tank, cesspool
wastes or other biodegradeable material into a District facility
must have both a valid Orange County Health Department and CSOOC
Permit as required by Section 306. Such wastewaters shall be
discharged only at a location specified by the District. No person
shall discharge constituents in excess of those specified in the
respective permit.
208. LIMITATIONS ON WASTEWATER STRENGTH AND CHARACTERISTICS
A. No person shall discharge, after the date specified, wastewater
containing constituents .in excess of the quantities listed in
Table I.
TABLE I
DISCHARGE LIMITS, mg/l
CONSTITUENT July 1, 1983
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 (free)' 1.0
PCB's and Pesticides 0.02
Total Toxic Organics (as defined by EPA) 0.58
Total Sulfide 5.0
Dissolved Sulfide 0.5
Oil or grease of mineral, petroleum
origin 100.0
IThe term "free cyanide" shall mean those cyanides amenable to
chlorination as described in the Annual Book of ASTM Standards,
1972, Standard D 2036-72 Method 6-,page 553.
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B. No person shall discharge any wastewater:
1 . Having a temperature higher than 140 degrees Fahrenheit,
60 degrees Centigrade;
2. Having a pH less than 6.0 or greater than 12.0;
3. Containing in excess of 0.02 mg/l PCB's and/or pesticides,
to include, but not limited to, at least the following:
DDT (dichlorodiphenyltrichloroethane, both isomers), DOE
(dichlorodiphenylethylene), DOD (dichlorodiphenyldichloroethane),
Aldrin, Benzene Hexachloride (alpha, beta and gamma isomers),
Chlordane, Endrin, Endrin aldehyde, 2,3,7,8-tetrachlorodibenzo-
p-dioxin (TCDD), toxaphene, Alpha-endosulfan, Beta-endosulfan,
Endosulfan sulfate, Heptachlor, Heptachlor epoxide, Dieldrin,
and PCBs: Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254,
1260, and 1262.
4. Containing other materials, including, but not limited to,
ammonia, biochemical oxygen demand, chemical oxygen demand,
total organic carbon, priority pollutants, 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; ---
5. Producing a gaseous mixture that is 10% or greater of the lower
explosive limit (LEL). Prohibited materials include, but are
not limited to, gasoline, kerosenes, naptha, benzene, toluene,
zylene, ethers, ketones and alcohols;
6. Containing material which will readily settle or cause an
obstruction to flow in the sewer, such as, but not limited to,
sand, mud, glass, metal filings, diatomaceous earth, asphalt,
dead animals, wood, bones, hair and fleshings;
7. Containing recognizable portions of the human anatomy; and,
8. In violation of any applicable Federal or State standards or
other local regulations covering wastewater disposal .
209. LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL SOLUTIONS AND
SLUDGES
Materials of quantity or quality in violation 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 appropriate regulatory body. All liquid waste manifests shall
be supplied to the District upon request. Permittees shall retain
manifests for a minimum of two years.
210. BATCH DUMPS
No person shall willfully discharge concentrated non-compatible
pollutants in a manner or method that is not approved by District.
Non-compliance fees for such willful discharge will be applicable
as shown on Tables II and III.
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ARTICLE 3
WASTEWATER DISCHARGE PERMITS AND FEES
301 . INTRODUCTION
A. 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.
B. The discharge permit shall be in one of five forms and is
dependent upon the type of discharger, volume and characteristics
of wastewater to be discharged. The five wastewater discharge
permits are:
1 . Class I Permit
2. Class II Permit
3. Class III Permit
4. Temporary Permits
5. Wastehauler Permit
302., CLASS I WASTEWATER DISCHARGE PERMITS
A. 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.
B. All Class I users proposing to discharge into a public sewer shall
obtain a wastewater discharge permit before discharging. For pur-
poses 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;
2. Involves the discharge of wastewater which may contain at any
given time, any of the components as specified in Section 204,
Limitations on Radioactive Wastes, or Section 208, Limitations
on Wastewater Strength; or,
3. Is subject to final Federal categorical pretreatment
standards.
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302.1 Class I Permit Application
A. Users seeking a Class I wastewater discharge permit shall complete
and file with the District an application on the form prescribed by
the District. The applicant shall be required to submit, in units
and terms appropriate for evaluation, the following information:
1 . Name, address, assessor's parcel number(s) and S.I.C.
number(s);
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics as deemed necessary
by the District, including, but not limited to, those mentioned
in Section 208 of this Ordinance. These constituents and
characteristics shall be determined by a State Certified
Laboratory or by a laboratory of the discharger approved by the
District;
4. Time and duration of discharge;
5. Landscaped area in square feet;
6. Tons of cooling tower capacity;
7. Number of employees and average hours of work per employee per
day;
8. EPA Hazardous Waste Generator Number, if applicable.
B. The applicant may also be required to submit site plans, floor
plan, mechanical and plumbing plans and details to show all sewers,
spill containment, clarifiers and appurtenances by size, location
and elevation for evaluation.
C. Other information may be required to properly evaluate the permit
application. After evaluation and acceptance of the data furnished,
the District may issue a Class I wastewater discharge permit, sub-
ject to terms and conditions set forth in this Ordinance and as
otherwise determined by the Chief Engineer to be necessary to
protect the District's system.
302.2 . Class I Permit Conditions, Limitations and Stipulations that may
be in Permit•
A. Mass emission rates regulating incompatible pollutants;
B. Limits on rate and time of discharge or requirements for flow
regulations and equalization;
C. Requirements for maintaining plant records relating to wastewater
discharge and liquid waste manifests as specified by District;
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D. Requirements for the user to construct and maintain, at his
own expense, pH control, flow monitoring and/or sampling
facilities;
E. Requirements to submit tax and water bills;
F. Requirements to self-monitor;
G. Requirements to notify the District in writing prior to the
physical expansion of any wet processes;
H. Predetermined rate or value for wastewater strength characteris-
tics;
I. Requirements for submission of technical reports, discharge
reports and liquid waste manifest;
J. Other provisions which may be applicable to insure compliance
with all provisions of this Ordinance;
K. Other terms and conditions determined by the Chief Engineer to
be necessary to protect the District's system.
302.3 Class I Permit Fee
The Class I permit fee shall be in the 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.
302.4 Permit Duration
A. Class I permits shall normally be issued for a period of one year.
B. Two-year permit may be issued if the permittee has:
1 . Shown good faith efforts in meeting permit requirments;
2. Installed pollution control devices to improve the quality of
wastewater to be discharged;
3. Made future plans for additional pollution control as required;
4. Provided for proper disposal of spent solutions;
5. Instituted wet floor elimination techniques;
6. Consistently paid applicable fees and charges in a timely
manner.
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C. A three-year permit may be issued when a permittee has:
1 . Remained in full compliance with this Ordinance and its permit
for a period of two years;
2. Instituted water conservation practices;
3. Shown the ability to self-monitor accurately as required by
the District;
4. Consistently paid applicable fees and charges in a timely
manner.
302.5 Terms and Conditions
The terms and conditions of an issued permit may be subject to
modification and change by the District during the life of the permit
as requirements or conditions of this Ordinance are modified.
Permittees shall be informed of any major changes in their permit at
least ninety (90) days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable
time schedule for compliance.
302.6 Class I Charge for Use
A. The purpose of a charge for use is to insure that each recipient
of sewerage service from the District pays its reasonably pro-
portionate 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 may 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, exclusive of that portion
of the tax paid for debt service. A credit will also be allowed
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for any separate use fee adopted by the Board of Directors by
separate ordinance. Debt service shall be considered as interest
payable on District' s general obligation bonds and annual bond
redemptions.
C. The charge for use shall be computed by the following formula:
Charge for Use = VoV + BoB + SoS - Tax Credit
Where V = total annual volume of flaw, 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
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 D below:
D. The unit charge rates in the charge for use formula shall be
determined by the following method:
1 . 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 costs 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 charge for capital recovery and capital
improvement shall be levied at the rate of $200 per million
gallons of wastewater. This charge shall be allocated among
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.
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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 Vo, and in dollars per thousand pounds for
Bo and So.
E. 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
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. 10,000 gallons per employee per year;
2. B.O.D. and suspended solids to be calculated at
250 mg/1 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.)
303. CLASS II WASTEWATER DISCHARGE PERMITS
A. 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 uniformly enforced by the
District in accordance with this Ordinance and applicable State and
Federal regulations.
B. All Class II users proposing to discharge into a public sewer shall
obtain a wastewater discharge permit before discharging. For pur-
poses of this Ordinance, a Class II user is any user who:
1 . Has a discharge flow of less than 50,000 gallons per normal
working day or 12 million gallons or more per year;
2. Whose charge for use is greater than the ad valorem tax
basic levy allocated to the District, exclusive of debt
service; and,
3. Is not otherwise required to obtain a Classs I permit.
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303.1 Class II Permit Application
A. Users seeking a Class II wastewater discharge permit shall complete
and file with the District an application on the form prescribed by
the District. The applicant shall be required to submit, in units
and terms appropriate for evaluation, the following information:
1 . Name, address, assessor's parcel number(s) and S.I.C.
number(s) ;
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics as deemed necessary
by the District, including, but not limited to, those mentioned
in Section 208 of this Ordinance. These constituents and
characteristics shall be determined by a State Certified
Laboratory or by a laboratory of the discharger approved by the
District;
4. Time and duration of discharge;
5. Landscaped area in square feet;
6. Tons of cooling tower capacity;
I. Number of employees and average hours of work per employee per
day;
8. EPA Hazardous Waste Generator Number, if applicable.
B. The applicant may also be required to submit site plans, floor
plan, mechanical and plumbing plans and details to show all sewers,
spill containment, clarifiers and appurtenances by size, location
and elevation for evaluation.
C. Other information may be required to properly evaluate the permit
application. After evaluation and acceptance of the data furnished,
the District may issue a Class II wastewater discharge permit, sub-
ject to terms and conditions set forth in this Ordinance and as
otherwise determined by the Chief Engineer to be necessary to
protect the District's system.
303.2 Class II Permit Conditions Limitations and Stipulations that may
e n Permit:
A. Limits on rate and time of discharge or requirements for flow
regulations and equalization;
B. Requirements for maintaining plant records relating to wastewater
discharge as specified by District and affording District's
access to records as requested;
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C. Requirements for the user to construct and maintain, at his
own expense, flow monitoring and/or sampling facilities;
D. Requirements for self-monitoring;
E. Requirement to submit copies of tax and water bills;
F. Predetermined rate or value for wastewater strength
characteristics;
G. Requirements for submission of technical reports or discharge
reports;
H. Other terms and conditions determined by the Chief Engineer to
be necessary to protect the District's system.
303.3 Class II Permit Fee
The Class II permit fee shall be in the 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.
303.4 Permit Duration
Class II permits shall be issued for a period of not to exceed three
years.
303.5 Terms and Conditions
The terms and conditions of an issued permit may be subject to
modification and change by the District during the life of the permit
as requirements or conditions of this Ordinance are modified.
Permittees shall be informed of any major changes in their permit at .
least ninety (90) days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable
time schedule for compliance.
303.6 Class II Charge for Use
A. The purpose of a charge for use is to insure that each recipient
of sewerage service from the District pays its reasonably pro-
portionate 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 .
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B. A discharger who is 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 may 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, exclusive of
that portion of the tax paid for debt service. A credit will
also be allowed for any separate use fee adopted by the Board
of Directors by separate ordinance. Debt service shall be
considered as interest payable on District's general obligation
bonds and annual bond redemptions.
C. The charge for use shall be computed by the following formula:
Charge for Use = VoV + BoB + SoS - 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
Vo,Bo,So = 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 below.
D. The unit charge rates in the charge for use formula shall be
established annually and shall be determined by the following
method:
1 . 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 costs 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
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solids to be treated by the sewerage system in the budgeted
year.
2. A capital facilities charge for capital recovery and capital
improvement shall be levied at the rate of $200 per million
gallons of wastewater. 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 Vo, and in dollars per thousand pounds for
Bo and So.
E. 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
parameter of measure. This relationship shall be used by the
Districts 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. 10,000 gallons per employee per year;
2. B.O.D. and suspended solids to be calculated at 250 mg/l
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. )
304. CLASS III WASTEWATER DISCHARGE PERMITS
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 uniformly enforced by the
District in accordance with this Ordinance and applicable State and
Federal regulations.
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B. All Class III users proposing to discharge into a public sewer
shall obtain a wastewater discharge permit before discharging. For
purposes of this Ordinance, a Class III user is any user who discharges
only sanitary waste and who is not required to obtain a Class I or
Class II permit and whose charge for use is greater than the ad
valorem tax paid to the District, exclusive of debt service.
Unless otherwise stipulated in the permit, Class III users shall be
considered to discharge a domestic waste equivalent for B.O.D. and
suspended solids (250 milligrams per liter).
304.1 Class III Permit Application
A. Users seeking a Class III wastewater discharge permit shall complete
and file with the District an application on the form prescribed by
the District. The applicant shall be required to submit, in units
and terms appropriate for evaluation, the following information:
1 . Name, address, assessor's parcel number(s) and S. I.C.
number(s) ; ._
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics as deemed necessary
by the District, including, but not limited to, those mentioned
in Section 208 of this Ordinance. These constituents and
characteristics shall be determined by a State Certified
Laboratory or by a laboratory of the discharger approved by the
District;
. , 4. Time and duration of discharge;
5. Landscaped area in square feet;
6. Tons of cooling tower capacity;
7. Number of employees and average hours of work per employee per
day;
8. EPA Hazardous Waste Generator Number, if applicable.
B. The applicant may also be required to submit site plans, floor
plan, mechanical and plumbing plans and details to show all sewers,
spill containment, clarifiers and appurtenances by size, location
and elevation for evaluation.
C. Other information may be required to properly evaluate the permit
application. After evaluation and acceptance of the data furnished,
the District may issue a Class III wastewater discharge permit,
subject to terms and conditions set forth in this Ordinance and
as otherwise determined by the Chief Engineer to be necessary to
protect the District's system.
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304.2 Class III Permit Conditions Limitations and Stipulations
that may be in Perm t
A. Requirement to submit tax and water bills;
B. Pre-determined rate or value for B.O.D. and suspended solids.
304.3 Class III Permit Fee
The Class III permit fee shall be in the 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.
304.4 Permit Duration
Class III permits shall be issued for a period not to exceed three
years.
304.5 Class III Charge For Use
A. The purpose of a charge for use is to insure that each recipient
of sewerage service from the District pays its reasonably propor-
tionate share of all costs of providing that sewerage service.
Charges for use to recover the cost of conveying, treating,
and disposing of sewage in District's facilities are exclusive of
any fees levied by local sewering agencies. The charge for use
shall be based on the total maintenance, operation, capital expen-
ditures and reserve requirements for providing wastewater collec-
tion, 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 . The total annual operation and maintenance funding requirements
of the sewerage system established in the adopted budget shall
be distributed to the wastewater charge parameter flow. 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 charge for capital recovery and capital
improvements shall be levied at the rate of $200 per million
gallons of wastewater.
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.
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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 Districts 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 Districts. 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, exclusive of that portion of
the tax paid for debt service. A credit will also be allowed
for any separate use fee adopted by the Board of Directors
by separate ordinance. Debt service shall be considered as
interest payable on District's general obligation bonds and
annual bond redemptions.
305. TEMPORARY PERMITS
305.1 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 discharging directly or indirectly to the District' s sewerage
facilities (see Sections 202 and 203). This temporary permit may be
granted when no alternate method of disposal is reasonably available.
The provisions of Section 208(B) of this Ordinance pertaining to
wastewater strength and characteristics shall apply.
305.2 Temporary Permit Application
Users seeking a temporary wastewater discharge permit shall complete
and file with the District, prior to commencing discharge, an applica-
tion in the form prescribed by the District. This application shall
be accompanied by the applicable fees, plumbing plans or other data
as needed by the District for review.
305.3 Conditions of a Temporary Permit
The District may specify and make part of each temporary permit
specific conditions and pretreatment requirements.
305.4 Temporary Permits - Fees
A fee for temporary permits shall be paid by the applicant in
the amount adopted by resolution of the Board of Directors.
The permit fee shall be payable prior to issuance of a permit.
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305.5 Temporary Permits - Charge for Use (Dewatering, Miscellaneous)
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 to be determined by the General Manager 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.
305.6 Permit Duration
Temporary permits shall be issued for a period not to exceed one year.
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 identified in Article 2 are modified. Any changes
or new conditions in the permit shall include a reasonable time
schedule for compliance.
- 306 WASTEHAULER PERMIT
All wastehaulers proposing to discharge waste into the District' s
disposal station shall obtain a wastehauler discharge permit.
306.1 Wastehauler Permits -Fees
A fee for wastehauler permits shall be paid by the applicant in
the amount adopted by resolution of the Board of Directors.
The permit fee shall be payable prior to issuance of a permit.
306.2 Wastehauler Permits - Charge for Use
A charge for use to cover all costs of the District for providing the
disposal station service and monitoring shall be established by resolu-
tion of the Board of Directors.
306.3 Wastehauler Permit Conditions, Limitations and Stipulations
That may be in Permit
A. Requirements for heavy metals and other priority pollutants.
B. Requirements for maintaining and submitting wastehauling records,
as required by RCRA and state or local law.
306.4 Permit Duration
Wastehauler permits shall be issued for a period not to exceed one year.
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307. LOCAL GOVERNMENT AGENCY EXEMPTION FROM CHARGES
Where ad valorem taxes are utilized by the District for payment of
maintenance and operating costs, no use charges, as specified herein,
shall be payable for the discharge of sewage or industrial waste from
property within the District boundaries owned or leased by local
public agencies; provided, however, that such property is not
used for proprietary purposes and subject to modification if the
District determines the local public agency is placing a significant
demand on the District's sewerage system. The United States Government
and State of California facilities are not exempt.
308. EXCESS CAPACITY CHARGE
New developments or existing developments that expand operations that
require substantial sewerage facilities capacity may be subject to an
excess capacity facilities charge in an amount to be determined by the
Board of Directors on a case-by-case basis.
309. OUT OF DISTRICT PERMITS/DISCHARGERS
Industrial wastewater discharge permits for dischargers located
outside of the District's service area but tributary to the District's
sewerage facilities, will be issued by the local sewering agency after
approval by the District and/or through special agreement. Inspection
of the discharger' s plant to determine compliance with industrial waste
discharge regulations will be made under a coordinated plan of inspec-
tion developed by the affected agencies. Industrial waste discharge
regulations and effluent limitations of affected agencies will apply to
the discharger unless one agency specifically waives its requirements.
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ARTICLE 4
MONITORING, REPORTING AND INSPECTION REQUIREMENTS
401. MONITORING AND REPORTING CONDITIONS
A. Monitoring for Annual Charge for Use:
The wastewater characteristics of the discharger needed for deter-
mining the annual charge for use shall be submitted by the
discharger to the District, if requested. The frequency of analy-
ses and reporting may be set forth in the permit. The analyses of
these characteristics shall be by a laboratory approved by the
District. Analyses performed by District' s 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 for any limitations
and requirements as specified in the user's permit may be monitored
by the discharger. Monitoring reports on these constituents and
characteristics may be requested by the District. The frequency
and determination of 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.
401 .1 Inspection and Sampling Conditions
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 dis-
charged shall allow the District, or its representatives, reasonable
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. 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.
401 .2 Report of 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
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District by telephone as soon as he or his agents have knowledge of
the incident. Confirmation of this notification shall be made in
writing as soon as possible, but no later than ten (10) working days
from the telephone notification. The written notification shall
include pertinent information explaining reasons for the accidental
discharge 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. 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 loss to the District or
any other damage or loss to person or property; nor shall such notifi-
cation relieve the user of any fines or other liability which may be
imposed by this Article or other applicable law.
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ARTICLE 5
FACILITIES REQUIREMENTS
501. PRETREATMENT
User shall provide 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, including accidental
discharge procedures, shall be submitted to the District for review.
The review and approval of such plans and operating procedures by the
District will not relieve the user from the responsibility of modifying
the facility in the future as necessary to produce an effluent
acceptable to the District under the provisions of this Ordinance.
No user shall ever increase the use of water or in any other manner
attempt to dilute a discharge as a partial or complete substitute for
adequate methods for the reduction of pollutants to achieve compliance ----
with this Ordinance and user's permit.
501 .1 Spill Containment
A. Each user shall provide spill containment for 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.
B. If it can be shown that an accidental discharge is the cause of
the District violating its discharge requirements, or incurring
additional operational expenses, or suffering loss or damage to
the facilities, then that discharger may be responsible for any
costs or expenses, including assessments by other agencies or
the court, incurred by the District.
501 .2 Monitoring/Metering Facilities
A. District may require the user to construct and maintain, at its
own expense, flow monitoring and/or sampling facilities.
B. Any sample taken from a sample box or other representative sampling
location is presumed to be discharging to the public sewer.
C. Monitoring or metering facilities shall be provided with a security
closure that can be locked with a District-provided hasp lock
during sampling or monitoring. At all other times, Permittee may
keep their facilities secured.
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ARTICLE 6
ENFORCEMENT
601 . NON-COMPLIANCE WITH PERMIT. REQUIREMENTS AND APPLICABLE FEES
A. Routine Sampling
If routine composite sampling reveals non-compliance by the
discharger with the mass emission rates or conditions specified in
the user's permit, then the user shall pay to the District fees as
specified in Tables II and III, pursuant to the provisions in
Section 601(B) and (C).
TABLE II
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATES
Dollars Per Pound
Per Day in Excess
of Limit
During
and After
Routine After ECSA Batch
Sampling S & E Expiration Dumps
Arsenic $ 100.00 $ 200.00 $ 300.00 $ 300.00
Cadmium 100.00 200.00 300.00 300.00
Chromium (Total ) 100.00 200.00 300.00 300.00
Copper 100.00 200.00 300.00 300.00
Lead 80.00 160.00 240.00 240.00
Mercury 100.00 200.00 300.00 300.00
Nickel 50.00 100.00 150.00 150.00
Silver 100.00 200.00 300.00 300.00
Zinc 50.00 100.00 150.00 150.00
Cyanide (Total ) 50.00 100.00 150.00 150.00
Cyanide (Free, amenable to
chlorination) 100.00 200.00 300.00 300.00
PCB's, Pesticides and
Total Toxic Organics 100.00 200.00 300.00 300.00
Phenols 50.00 100.00 150.00 150.00
Dissolved Sulfides 50.00 100.00 150.00 150.00
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TABLE III
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION LIMITS
Dollars Per Hundred
Pounds per Day in
Excess of Limit
During
and
Routine After Batch
Sampling S & E Dumps
B.O.D. $ 15.00 $ 30.00 $ 30.00
Suspended Solids 15.00 30.00 30.00
Oil and Grease (Animal or
Vegetable Origin) 200.00 200.00 200.00
Oil and Grease (Mineral or
Petroleum Origin) 300.00 400.00 400.00
Total Dissolved Solids _ -- - - 20.00 40.00 40.00
Ammonia 20.00 40.00 40.00
PH Range Flat Fee Per Day*
<1.0 - $ 125.00
1.0 - 2.0 100.00
2.1 - 3.0 75.00
3.1 - 4.0 50.00
4.1 - 5.0 25.00
*pH non-compliance will be based on a grab sample. If an initial grab
sample reveals non-compliance, a second grab sample will be taken within
a reasonable period of time in the presence of the Permittee. The fees
for non-compliance shall be based upon the more severe non-compliance
determination.
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B. Preliminary Determination of Non-Compliance with Permit
Requirements
Non-compliance with permit discharge requirements may be determined
by an analysis of a grab (for pH only) or composite 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 sample to be in excess of the concentrations or
conditions specified in Section 204 or Section 208, routine
sampling charges as set forth in Tables II and III shall be levied.
A subsequent composite sample will be taken within thirty (30)
days, which will also be subject to routine sampling charges if
found to be in non-compliance. If the second sample reveals non-
compliance, then a Sampling and Evaluation Program may be initiated
by the District.
C. Sample and Evaluation Program
1 . If the Sampling and Evaluation ME) Program reveals non-
compliance by the permittee with the mass emission rates
or conditions specified in the user' s permit, the permittee
shall pay the fees as specified in Tables II and III and
may be assessed all other costs incurred during the S&E Program
for sampling and analysis, including labor, equipment,
materials and overhead. The fees specified shall become
retroactive to the date the Sampling and Evaluation Program
started. The fees for non-compliance shall continue to
accumulate for each day sampled, not to exceed ten (10)
normal working days.
2. If non-compliance by the permittee with mass emission rates or
conditions as specified in the user's permit is determined, the
District' s Chief Engineer may proceed with one of the following:
a) Amend the existing permit through an Enforcement Compliance
Schedule Agreement (ECSA) . This may be done after
consultation with the permittee and when the discharger has
shown good faith in trying to comply but requires
additional time for construction and/or acquisition of
equipment related to pretreatment. The permit may be
amended with the ECSA for a period of up to 180 days,
however, this period may be extended for a period not to
exceed an additional 180 days upon determination by the
Chief Engineer that good cause exists for an additional
period. No further extensions shall be granted except upon
approval of the Board of Directors. Any condition of the
ESCA not acceptable to the Permittee may be appealed under
the provisions of Section 601.8 of this Ordinance.
b) If corrective action is not taken within a reasonable
time after completion of the Sampling and Evaluation
Program and notification to the Permittee of the
expiration of the ECSA and the discharger is still not
in compliance, then a Cease and Desist order may be issued.
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c) Commence enforcement action as outlined in this Article.
The payment of non-compliance fees will not bar the
District from undertaking enforcement procedures as
specified in Article 6.
601 .1 Non-Compliance with Permit Requirements (Wastehauler)
A. Non-compliance with permit requirements shall be determined by an
anaylsis of a grab sample of the effluent for any constitutent or
condition specified in the user's permit. If the effluent of a user
is found by the analysis to be in excess of the concentrations or
conditions specified in the user's permit and it can be proven to
the satisfaction of the Chief Engineer to be of septic tank/cesspool
or non-industrial origin, the following shall apply:
1 . First violation and all subsequent violations - wastehauler
shall identify, in writing, the source of the discharge.
2. Second violation - permittee's disposal privileges shall be
suspended for five (5) days.
3. Third violation - permittee shall pay a non-compliance fee of
$250.00 and the permit for disposal privileges shall be
suspended for ten (10) days.
4. Fourth violation - the permit shall be revoked.
B. For those wastehaulers discharging liquids from industrial sources,
the following shall apply:
1 . First violation - permittee shall pay a non-compliance fee of
$250.00.
2. Second violation - permittee shall pay a non-compliance fee of
$375.00 and the permit shall be revoked.
601 .2 Damage to Facilities or Interruption of Normal Operations
A. When a discharge of wastes causes an obstruction, damage.or any
other impairment to District' s operation of 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 twenty-five percent
(25%) of District's costs shall be added to these charges. The
total amount shall be payable within forty-five (45) days of
invoicing by the District.
B. If it can be shown that the discharge is the cause of the District
violating its discharge requirements or incurring additional
expenses or suffering loss or damage to the facilities, then that
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discharger shall be responsible for any costs or expenses, including
assessments by other agencies or the court, incurred by the District.
601 .3 Revocation of Permits
A. Any of the following is reason for permit revocation:
1 . A person knowingly giving false statements, representation,
record, report, plan or other document to the District or
falsifing, tampering or knowingly rendering inaccurate
any monitoring device or method required under this
Ordinance.
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 the permit requirements or conditions and/or
violations of this Ordinance.
5. Failure to pay fees and charges for use established pursuant
to this Ordinance.
B. When the General Manager or his designated representative has
reason to believe that any grounds as enumerated in subsection A
above exist for the revocation of a permit, 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 or by such person as may be designated 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
as shown on the permit. At the hearing, the permittee shall have
an opportunity to respond to the allegations set forth in the
notice.
C. After the hearing, the General Manager, or his designee, shall make
his determination and should he find grounds exist for the
revocation of the permittee's permit, he shall have the right to
revoke that permit. If the General Manager determines to not order
revocation of the permit, he may recommend to the Board of
Directors that the permit be revoked after hearing held by the
Board. In such event, the General Manager shall immediately refer
the matter to the Board without need for permittee to appeal per
Section 601 .8. The decision shall be reduced to writing within
thirty (30) days after submission of the cause by the parties
thereto, and shall contain a brief statement of facts found to be
true, the determination of the issues presented, findings and the
order of the General Manager or other person sitting as hearing
officer. A copy shall be mailed or delivered to the permittee or
his legal counsel .
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D. The determination of the General Manager or his designee shall be
final in all respects fifteen (15) days after mailing his decision
to permittee; provided, however, if reconsideration or appeal to
the Board of Directors is sought by permittee pursuant to Section
601 .8, the decision is final on the date that reconsideration is
decided or the decision is rendered by the Board of Directors.
E. The revocation hearing shall be conducted in accordance with
procedures established by the General Manager and approved by the
District's legal counsel .
F. Judicial review of any decision of the Board of Directors 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 .
601 .4 Batch Dumps
When the District finds a user has willfully discharged concentrated
non-compatible pollutants in a manner or method that is not approved by
District, non-compliance fees will be applicable as shown on Tables II
and III.
601 .5 Enforcement Provisions
The District can require compliance with permit conditions or limita-
tions by issuing administrative orders that are enforceable in a court
of law or by directly seeking court action.
601 .6 Administrative Orders
A. 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, require-
ments or provisions:
1 . Cease discharge immediately; or
2. Comply immediately; or
i
3. Comply in accordance with a time schedule set forth by the
District.
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B. 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.
C. 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.
D. Harmful Contributions
The District may suspend sewerage service when such suspension is
necessary, in the opinion of the General Manager, in order to stop
an actual discharge which presents or may present an imminent or
substantial endangerment to the health or welfare of persons, to
the environment, causes interference to the District' s sewerage
facilities, or causes the District to violate any State or Federal
law or regulation.
601 .7 Civil Action
A. 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.
B. 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 violation occurs. The
legal counsel of the District, upon order of the District's Board
of Directors, shall petition the Superior Court to impose, assess
and recover such penalties.
C. Criminal 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, is guilty of a misdemeanor, which upon
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conviction is punishable by a fine not to, exceed five hundred
dollars ($500) , or imprisonment for not more than six (6) months in
the County Jail , or both. Each day in violation may constitute a
new and separate violation and shall be subject to the penalties
contained herein.
601 .E Appeals
A. Any user, permit applicant or permit holder affected by any
decision, action or determination 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 fifteen (15) days
setting forth in detail the facts supporting the user's request for
reconsideration. Such facts must include a statement listing
newly discovered relevant facts that were not known or available
to the user at the date of the hearing. 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 recon-
sideration made by the General Manager is unacceptable, the person
requesting reconsideration may, within ten (10) days after the date
of notification of the General Manager' s action, file a written
appeal to the Board.
B. A fee of $100 shall accompany any appeal to the Board of Directors
of the District. This fee may, in the sole discretion of the Board
of Directors, be refunded if the final appeal ruling is in favor of
the appellant.
C. The written appeal shall be heard by the District' s Board of
Directors within forty-five (45) days from the date of filing.
The District' s Board of Directors shall make a final ruling on
the appeal within sixty (60) days from the date of filing.
601 .9 Payment of Charges and Delinquencies
A. Except as otherwise provided, all fees, charges and penalties made
pursuant to the provisions of this Ordinance are due and payable
upon receipt of notice thereof. All such amounts shall become
delinquent 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 penalty of ten
percent (10%) of the base invoice amount, not to exceed a
maximum of $1 ,000.00.
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2. Ninety (90) days after date of invoice, a total penalty of
ten percent ( 10%) of the base invoice amount, not to exceed
a maximum of $4,000.00.
C. Any invoice outstanding and unpaid after ninety (90) days shall be
cause for immediate initiation of permit revocation proceedings.
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.
Payment of disputed charges is still required during District
review of any appeals submitted by permittees.
601 . 10 Collection
Collection of delinquent accounts shall be in accordance with Policy
Resolution Establishing Procedures for Collection of Delinquent
Obligations Owing to the Districts, 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.
602 REINSTATEMENT DEPOSIT
Permittees that have been subject to enforcement proceedings may be
required to deposit with the Districts an amount determined by
the General Manager before permission is granted for further discharge
to the sewer.
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ARTICLE 7
CONNECTION PERMITS
70). 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 sewering agency
authorized to maintain public sewering 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.
C. There will be no connection charges assessed to local goverping
agencies for connecting directly or indirectly to District's
sewerage facilities; however, a connection permit must be
obtained.
D. 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. 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.
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.
F. At the end of two years from the effective date of this Ordinance,
and every two years thereafter, the Board of Directors shall review
the charges established by this Article and if in its judgment such
charges require modification, an amendment to this Ordinance will
be adopted establishing such modification.
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702. DISTRICT NO. 5 CONNECTION CHARGES
A. The District is divided into three (3) separate zones for purposes
of development and regulation of sewage facility use. Said zones
are established as follows:
Zone 1: All that territory within the District exclusive of
that territory within Zones 2 and 3.
Zone 2: All that certain territory described as the Big
Canyon-Jamboree Road Drainage Area.
Zone 3: All that certain territory described as the Newport
South Coastal Area.
The precise boundaries of each of the above zones are on file in
the office of the Secretary of the District and are incorporated
herein by reference.
B. District Connection Charges.
Before any connection permit shall be issued, the applicant shall
pay to the District, or its agent, the charges specified herein:
1 . For each new dwelling building constructed, the connection
charges shall be:
Zone I - $250.00 per dwelling unit.
Zone 2 - $850.00 per dwelling unit.
Zone 3 - $1 ,250.00 per dwelling unit.
2. For all other new construction, including, but not limited to,
commercial and industrial buildings, hotels and motels and
public buildings, the connection charges shall be: j
Zone 1 - $130.00 per 1 ,000 square feet of floor area
contained within such construction, provided that the minimum
connection charge for such new construction shall be $130.00.
Zone 2 - $440.00 per 1 ,000 square feet of floor area contained
within such construction, provided that the minimum connection
charge for such new construction shall be $440.00.
Zone 3 - $2,000.00 per 1 ,000 square feet of floor area
contained within such construction, provided that the minimum
connection charge for such new construction shall be $2,000.00.
3. For new construction replacing former buildings, the
connection charge shall be calculated on the same basis as
provided in paragraphs (1 ) and (2) above. If such replacement
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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 demolished or destroyed. In no case shall
such credit exceed the connection charge.
4. 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 connection charge shall be calculated
on the same basis as provided in paragraphs (1) and (2) above
for each dwelling unit added or created or each 7,000 square
feet of additional floor area contained within such new
construction, provided that new construction shall contain
additional plumbing fixture units.
5. 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 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.
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ARTICLE 8
SEVERABILITY i
801 . 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 application of such provision to other persons or other
circumstances shall not be affected.
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. 1 - Ordinance No. 103
District No. 2 - Ordinance No. 204
District No. 3 - Ordinance No. 305
District No. 5 - Ordinance Nos. 508 and 510
District No. 6 - Ordinance Nos. 603 and 605
District No. 7 - Ordinance Nos. 716 and 717
District No. 11 - Ordinance Nos. 1103 and 1105
ARTICLE 10
EFFECTIVE DATE
1001 . EFFECTIVE DATE
The effective date of this Ordinance shall be July 1, 1983.
The Secretary of the Board is directed to certify to the adoption of
this Ordinance and cause it to be published in a newspaper of general
circulation within the County.
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PASSED AND ADOPTED BY THE Board of Directors of County Sanitation District No. 5
of Orange County, California, at an adjourned meeting held June 1, 1983.
Chair—man of to Board of Directors,
County Sanitation District No. 5
of Orange County, California
ATTEST:
Secretary of the Board of Directors,
County Sanitation District No. 5
of Orange County, California
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STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I, WILLIAM H. BUTLER, Secretary of the Hoard of Directors of County
Sanitation District No. 5 of Orange County, California, do hereby certify that
the above and foregoing Ordinance No. 514 was passed and adopted at an adjourned
regular meeting of said Board on the 1st day of June, 1983, by the following
vote, to wit:
AYES: Directors Evelyn Hart, Chairman, Philip Maurer, Roger Stanton
NOES: None -
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of June, 1983.
William H. Baler
Secretary of the Board of Directors
County Sanitation District No. 5
of Orange County, California