The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 606 ORDINANCE NO. 606 AN ORDINANCE OF THE BOARD OF DIRECTORS OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 6 ESTABLISHING REGULATIONS FOR THE USE OF DISTRICT SEWERAGE FACILITIES, AND REPEALING ORDINANCES NOS. 603 AND 605 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. • To establish an effective monitoring program for the control of industrial wastewaters, with enforcement to insure equal treat- ment to all dischargers. 9 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 . LOS ANGELES COUNTY LA HASRA r� 911E F E N YORDA 1' OENTIA LINDA _ oo� CE� OA A c DUN A LA PAI K pyP PALYA oy AI AM IN VILLA u Af3 PARK p 3 a ALAMITOS ORA W DOROO`C Ns R — NTA O TI 0 )FIG WAIN ALLEY fi HUNT ioiiN ACN PACIFIC COSTA Q OCEAN IRVINE COUNTY SANITATION DISTRICTS OF ORANGE COUNTY,CAUFORNIA 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 . . . . . . . . . . . . . . . 18 302.6 CLASS I CHARGE FOR USE . . . . . . . . . . . . . . 18 303. CLASS 11 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 (it ) 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 MAYBE 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. 6 CONNECTION CHARGES . . . . . . . . 43 (iv) .0 . O'l J. I'1': SECTION PAGE ARTICLE 8 SEVERABILITY 801 . SEVERABILITY . . . . . . . . . . . . . . . 44 ARTICLE 9 REPEAL 901 . REPEAL . . . . . . . . . . . . . . . . . . . . . 44 ARTICLE 10 EFFECTIVE DATE 1001 . EFFECTIVE DATE . . . . . . . . . . . . . . . . . 44 (v) ORDINANCE NO. 606 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 6 ESTABLISHING REGULATIONS FOR USE OF DISTRICT SEWERAGE FACILITIES, AND REPEALING ORDINANCES 603 AND 605 The Board of Directors of County Sanitation District No. 6 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 -1- 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 y the Americin 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 and allocated for the benefit of an individual District on the assessed value of land and improvements within its boundaries, exclusive of bonded indebtedness. 2. Assessed Value shall mean that portion of the total assessed value- the Tand 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 Sanitation District No. of Orange County, California. 5. B.O.D. (Biochemical Ox en Demand) shall mean the measure of iodegra ab a organic ma%ria 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 orns ical Pretreatment Standards shall mean those final Fig u at o 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 position of Chief Engineer. -2- 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 pier -- liter). 11 . C.O.D. (Chemical Oxygen Demand) shall mean the measure of chemically oxidizable material 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 demand, suspended 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 Sanitation Districts No. 1, 2, 3, 5, 6, 7 or 11 of Orange County and shall include any Districts that are -3- formed after the effective date of this Ordinance that are included in the Joint Administrative Organization. 17. District Connection Char a shall mean a fee imposed by the govern ng D strict or 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 ) 80D 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 COT liance Schedule A reement (ECSA) shall mean the mutualagreement w ere y t e 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 oh Bard 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 -4- 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 los ive Limit) shall mean the minimum concentration of a combusts 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 sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. 32. May shall mean permissive. 33. Milligrams per liter shall mean a unit of the concentration of water or wastewater constituent. It is O.00lg 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 for which a connection permit has not been issued. 35. Normal Worklpq Pay shall mean the period of time during which production and or operation is taking place. -5- 36. shall mean the logarithm of the reciprocal of the quantity TH 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 Facility shall mean any works or devices for the treatment o o mitation of wastewater prior to discharge into a public sewer. 42. Prior it Pollutants shall mean a listing of the toxic po utaned 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 shalt mean Resource Conservation and Recovery Act of 1976 7TFU.S.C. 6901 , at seMf . ). -6- 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. 51, 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. -7- 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 Organic Carbon) shall mean the measure of total organic carbon 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 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�Char a 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, bacteriological 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. -8- 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. -9- 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. -10- 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, et sec ., 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. -11- 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 seg. , 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. LIMITATIONS 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 -12- 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 CSDOC 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/1 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 'The 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 B, page 553. -13- 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 PCB' s: 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. -14- 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. -15- 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; S. 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; -16- 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. -17- 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 -18- 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 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. -19- 3. The unit charge rates for each respective wastewater parameter in (1) and (2) above shalt 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/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. ) 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. -20- 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; 7. Number of employees and average hours of work peremployee-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 in 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; _21_ 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 . -22- 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 -23- 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. -24- 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. -25- 304.2 Class III Permit Conditions Limitations and Stipulations t at may be n Permit 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. -26- 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. -27- 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. -28- 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. -29- 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. R. 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 shallbe-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 -30- 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. -31- 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. -32- 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 Poun 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 PCBs, 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 -33- 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. -34- . . 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 (S&E) 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 (70) 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. -35- 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 anayysis 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 -36- 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 . -37- 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 3. Comply in accordance with a time schedule set forth by the District. -38- 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 -39- 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 .8 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. -40- 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. -41- ARTICLE 7 CONNECTION PERMITS 701. INTRODUCTION - ALL DISTRICTS A. Connection permits may be required of dwelling units, buildings and developments connecting directly or indirectly to District' s sewerage facilities. Included are the connections of laterals to local municipal sewerage facilities and the connection of local municipal sewerage facilities and laterals to District's facilities. B. No permit shall be valid unless the real property to be served by use of the permit is included within the boundaries of the District and within the boundaries of a local 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 governing 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. -42- 702. DISTRICT NO. 6 CONNECTION CHARGES Before any connection permit shall be issued, the applicant shall pay to the District, or its agent, the charges specified herein. (1) Regular Connection Charge, Residential Uses: $500.00 per dwelling unit. (2) Regular Connection Charge, Commercial or Industrial . Establishments - $100.00 per 1,000 square feet of improvements, provided that such charge shall not be less than $500.00. The term "commercial or industrial establishments" as used herein shall include motels, hotels and property owned or occupied by governmental agencies and non-profit organizations. -43- ARTICLE 8 SEVERABILITY 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. -44- PASSED AND ADOPTED BY THE Board of Directors of County Sanitation District No. 6 of Orange County, California, at an adjourned meeting held June 1, 1983. pro tem Chairman,of pe Board of Directors, County Sanitation District No. 6 of Orange County, California ATTEST: .®� Secretary of the Boardectors, County Sanitation District No. 6 of Orange County, California -45- STATE OF CALIEMIA) ) SS. ODUNTY OF ORANGE ) I, WILLIAM H. BUTLER, Secretary of the Board of Directors of County Sanitation District No. 6 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 606 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 Ruthelyn Plummer, Chairman pro tem, Roger Stanton, James A. Wahner DOES: None ABSTENTIONS: None ABSENT: None IN WITNESS WFIEPMF, I have hereunto set my hand this let day of June, 1983. W William H. tler Secretary of the Board of Directors County Sanitation District No. 6 of Orange County, California