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HomeMy WebLinkAboutOrdinance No. 1116 WASTEWATER Ordinance No. 1116 FEBRUARY 7, 1992 ,4 COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA TABLE OF CONTENTS INTRODUCTION AND SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 1 GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 101. PURPOSE AND POLICY . . . . . . . . . . . . . . . . . . . . . . . . 3 102. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 103. CONFIDENTIAL INFORMATION . . . . . . . . . . . . . . . . . . . . . 13 104. TRANSFER OF PERMITS . . . . . . . . . . . . . . . . . . . . . . . . 14 105. EFFECT OF TRANSFER OF PERMITS . . . . . . . . . . . . . . . . . . . 14 106. AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 107. DELEGATION OF AUTHORITY . . . . . . . . . . . . . . . . . . . . . . 15 108. SIGNATORY REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 2 GENERAL PROHIBITIONS AND LIMITS ON DISCHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 201. PROHIBITED DISCHARGES . . . . . . . . . . . . . . . . . . . . . . 16 202. PROHIBITION ON DILUTION . . . . . . . . . . . . . . . . . . . . . . 17 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER . . . . . . . . . . . 17 204. PROHIBITION ON UNPOLLUTED WATER . . . . . . . . . . . . . . . . . 17 205. PROHIBITION ON RADIOACTIVE WASTES . . . . . . . . . . . . . . . . . 17 206. PROHIBITION ON THE USE OF GRINDERS . . . . . . . . . . . . . . . . 18 207. PROHIBITION ON POINT OF DISCHARGE . . . . . . . . . . . . . . . . . 18 208. PROHIBITION ON WASTEHAULER DISCHARGES . . . . . . . . . . . . . . 18 209. LIMITS ON WASTEWATER STRENGTH AND CHARACTERISTICS . . . . . . . . . 18 210. MASS EMISSION RATE DETERMINATION . . . . . . . . . . . . . . . . . 19 211. PROHIBITION ON MEDICAL WASTE . . . . . . . . . . . . . . . . . . . 20 212. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES . . . . . . 20 ARTICLE 3 DISCHARGE PERMITS, CHARGES, AND FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 301. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 302. CLASS I WASTEWATER DISCHARGE PERMITS . . . . . . . . . . . . . . . 22 302.1 Class I Wastewater Discharge Permit Application . . . . . . 23 302.2 Class I Permit Conditions, and Limits . . . . . . . . . . . 24 302.3 Class I Permit Fee . . . . . . 25 302.4 Class I Permit Modification of Terms and Conditions . . . . 25 302.5 Class I Permit Duration and Renewal . . . . . . . . . . . . 26 302.6 Class I Permit Charge for Use . . . . . . . . . . . . . . . 26 303. CLASS II WASTEWATER DISCHARGE PERMITS . . . . . . . . . . . . . . 28 303.1 Class II Wastewater Discharge Permit Application . . . . . . 28 303.2 Class II Permit Conditions, and Limits . . . . . . . . . . . 29 303.3 Class II Permit Fee . . . . . 30 303.4 Class II Permit Modification of Terms and Conditions . . . 30 303.5 Class II Permit Duration and Renewal . . . . . . . . . . . . 31 303.6 Class II Permit Charge for Use . . . . . . . . . . . . . . . 31 304. CLASS III WASTEWATER DISCHARGE PERMITS . . . . . . . . . . . . . . 33 304.1 Class III Wastewater Discharge Permit Application . . . . . 33 304.2 Class III Permit Conditions and Limits . . . . . . . . . . . 34 304.3 Class III Permit Fee 34 304.4 Class III Permit Modification of Terms and Conditions 35 304.5 Class III Permit Duration and Renewal . . . . . . . . . . . 35 304.6 Class III Permit Charge For Use . . . . . . . . . . . . . . 35 305. SPECIAL PURPOSE DISCHARGE PERMITS . . . . . . . . . . . . . . . . 36 305.1 Special Purpose Discharge Permit Application . . . . . . 37 305.2 Special Purpose Discharge Permit Conditions and Limits . . . . . . . . . . . . 37 305.3 Special Purpose Discharge Permit Fee 37 305.4 Special Purpose Dishcarge Permit Modification of Terms and Conditions . . . . . . . . . . . . . . . . . . . . . 37 305.5 Special Purpose Discharge Permit Duration and Renewal . . . 38 305.6 Special Purpose Discharge Permit Charge for Use . . . . . . 38 306. WASTEHAULER DISCHARGE PERMIT . . . . . . . . . . . . . . . . . . . 38 306.1 Wastehauler Discharge Permit Application . . . . . 39 306.2 Wastehauler Discharge Permit Conditions and Limits . . . . . 39 306.3 Wastehauler Discharge Permit Fee . . 39 306.4 Wastehauler Identification Decal and Access Card Transfer 40 306.5 Wastehauler Discharge Permit Modification of Terms and Conditions . . . . . . . . . . . . . . . . . . . . . 40 306.6 Wastehauler Discharge Permit Duration and Renewal . . . . . 40 306.7 Wastehauler Discharge Permit Charge for Use . . . . . . . . 40 307. TRANSPORTABLE TREATMENT UNIT (TTU( DISCHARGE PERMIT . . . . . . . . 40 307.1 TTU Discharge Permit Application . . . . . . . . . 40 307.2 TTU Discharge Permit Conditions and Limits . . . . . . . . . 41 307.3 TTU Discharge Permit Fee . . . . . . . . . . . . . . . . . . 42 ii 307.4 TTU Discharge Permit Modification of Terms and Conditions 42 307.5 TTU Discharge Permit Duration and Renewal . . . . . 42 308. LOCAL GOVER17Y=T AGENCY EXEMPTION FROM CHARGES . . . . . . . 42 309. EXCESS CAPACITY CHARGE . . . . . . . . . . . . . . . . . . . . . . 43 310. OUT OF DISTRICT PERMITS/DISCHARGERS . . . . . . . . . . . . . . . 43 ARTICLE 4 FACILITIES REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 401. DRAWING SUBMITTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . 44 402. PRETREATMENT FACILITIES . . . . . . . . . . . . . . . . . . . . . . 44 433. SP._L CCNTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS . . . . 44 404. MONITORING/METERING FACILITIES . . . . . . . . . . . . . . . . . . 45 405. WASTE MINIMIZATION REQUIREMENTS . . . . . . . . . . . . . . . . . . 45 ARTICLE 5 MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 501. MONITORING ANC REROR=ING CONDITIONS . . . . . . . . . . . . . . . . 46 Inspection and Sampling Conditions . . . . . . . . . . . . . 47 .2 R:ctt of E -' . . . . . . . . . . . . 47 ::ot__icationof Spill or Slug Loading . . . . . . . . . . . 47 .„_. 4 :"t__ication of Bypass . . . . . . . . . . . . . . . . . . . 48 ARTICLE 6 ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 P_1F-SE A:«C SCOPE . . . . . . . . . . . . . . . . . . . . . . . . 49 601. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS . . . . . . . 50 602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES . . . . . . . . . . . . 50 602.1 Probation Order . . . . . 51 632.2 En'oraaoe',t Compliance Schedule Agreement (ECSA) . . . . . 52 6-3. REGULATOR" CCMPLIE']CE SCHEDULE AGREEMENT (RCSA) . . . . . . . . . . 53 604. PcRM_T S.. NS=ON . . . . . . . . . . . . . . . . . . . . . . . . . 53 605. PERMIT I.VOCA.-ON . . . . . . . . . . . . . . . . . . . . . . . . . 55 iii 606. WASTERAULER NON-COMPLIANCE WITH PERMIT CONDITIONS . . . . . . . . . 56 607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS . . . . . 57 608. INDUSTRIAL WASTE PASS THROUGH . . . . . . . . . . . . . . . . 57 609. PUBLICATION OF VIOLATION . . . . . . . . . . . . . . . . . . . . . 57 610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE . . . . . . . . . 58 611. PUBLIC NUISANCE . . . . . . . . . . . . . . . . . . . . . . . . . . 58 612. TERMINATION OF SERVICE . . . . . . . . . . . . . . . . . . . . . . 58 613. EMERGENCY SUSPENSION ORDER . . . . . . . . . . . . . . . . . . . . 58 614. INJUNCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 615. CIVIL PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . 59 616. CRIMINAL PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . 62 617. APPEALS TO GENERAL MANAGER . . . . . . . . . . . . . . . . . . . . 62 618. APPEALS TO THE EXECUTIVE COMMITTEE . . . . . . . . . . . . . . . . 63 618.1 Appeal of Charges and Fees . . . . . . . . . . . . . . . . . 63 619. PAYMENT OF CHARGES . . . . . . . . . . . . . . 64 619.1 Collection of Delinquent Accounts . . . . . . . . . . . . . 64 620. RECOVERY OF COSTS INCURRED BY DISTRICT . . . . . . . . . . . . . . 64 621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT . . . . . . . . . . . . . . 65 622. JUDICIAL REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . 66 ARTICLE 7 CONNECTION PERMITS/CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 701. INTRODUCTION - ALL DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 702. DISTRICT NO. 1 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 69 702. DISTRICT NO. 2 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 71 702. DISTRICT NO. 3 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 73 702. DISTRICT NO. 5 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . 75 702. DISTRICT NO. 6 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 77 702. DISTRICT NO. 7 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 79 702. DISTRICT NO. 11 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . 81 702. DISTRICT NO. 13 CAPITAL FACILITIES CONNECTION CHARGES . . . . . . . 83 iv 703. SANITARY SEWER SERVICE CHARGE . . . . . . . . . . . . . . . . . . 85 704. EXCEPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 705. EXEMPTIONS AND APPEALS . . . . . . . . . . . . . . . . . . . . . . 85 706. CREDIT FOR INDUSTRIAL PERMITTEES . . . . . . . . . . . . . . . . 85 ARTICLE 8 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 801. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 ARTICLE 9 (RESERVED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 v COUNTY SANITATION DISTRICTS OF ORANGE COUNTY WASTEWATER DISCHARGE REGULATIONS INTRODUCTION AND SUMMARY . -he coaruy sanitation Districts of Orange County (Districts) were formed during 1945-47, but rid roc coma.ence operation until 2954 with the acquisition of treat 'ment _ - it ies _r. Fccr`_ain Valley and completion of the treatment plant and ooear. oc`ail _:c_ncxr. Beach. Recognizing the need to control the quantity and qual_t , of 'wastewaters c_scharged to the sewerage facilities, the Districts' '.,a_..=- cf T_rectcrs sdctted their first Ordinance regulating the use of the sewerage s:sterzis _r. February 1954. This Ordinance was later amended in February ^8 s n - F.nr_1 _970. The 1970 revision formally established the _ter_cn= We_' ..-,.scr_a_ aste Division (since renamed the Source Control Division) _ for = _ caro:se cf isacivc permits, setting flow and quality limits, monitoring -_ :.---as x _,a _ - and conducting enforcement activities. _:-.e adn i::-=cr=___ze cc__o_-.:r es and use charges were modified with each revision, tra - = as_c gial_cy reaa_rements remained essentially unchanged until July 1, =-= .,an zne Crdinance was revised to include heavy metal limits. On July 1, - - e C-d_r.acce 'w amended to include enforcement of the Environmental _ as m : ' ency's Federal Categorical Pretreatment Standards and to modify some Yce r �®patible to_lucant limits such as heavy metals. On September 8, _B59 tit -r--.rice was rev'_sed to clarify and streamline Districts' procedures. __�_s :ante se-s f- -r uniform requirements for users of the Districts' sa::e-age f- t_e=_ and -c enable the Districts to comply with all applicable state anal Fede-al laws acicding the Clean Water Act (33 O.S.C. 1251, at. seg.), -- -.. c e Genera_ ?retreanent Regulations (40 CFR 403). The objectives of this Grccrance ar=_: o co ensue the D _a iuts' compliance with the requirements of Federal, r= _ scare, ant ' ooa_ regu_atory agencies and the National Pollutant Discharge Elin_raticn systen ?DES) . o To prevent —e _utr_.uction of pollutants into the Districts' sewerage facilities ,;t�c_.-, rra_ _nterfere with District operations. o To prsaent - _ _itrta_ction of pollutants into the Districts' sewerage faci'_itfes wt_c:r in, class through the Districts' sewerage facilities, inadequately treat-], into receiving waters or otherwise be incompatible with the sewerage fac_lities. . o To eccrce Federal Categorical Pretreatment Standards. c .c ensure that the ccality of the municipal sludge is maintained at a level vt_oh a_1o'w= its use and disposal in compliance with applicable stac-ates an, reoulac_cns. • .o i-trove the opportunity to recycle, reuse, and conserve non-renewable -esc_rces.T• o _-cuire waste minimization and material substitution by industrial Isar.. o To ninimize the di=_oharge of volatile organic compounds that separately or code t_vely c_.____cce to air emissions from the Districts' sewerage f aoi_it_es. 1 o To prevent exposure of the Districts' employees to chemical hazards created by industrial discharges. o To require the reduction of water discharged to the Districts' sewerage facilities. o To establish an effective permitting, monitoring, and enforcement program for the control of industrial wastewaters. o To equitably allocate treatment costs. This Ordinance shall apply to all users of the Districts' sewerage facilities. The ordinance authorizes the issuance of Wastewater Discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires industrial user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. 2 ORDINANCE NO. 1116 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 11 ESTABLISHING WASTEWATER DISCHARGE REGULATIONS AND REPEALING ORDINANCE NOS. 1110 AND 1114 + + + + + x x x x x x a + x x + x x x x The Board of Directors of County Sanitation District No. 11 of Orange County, California does hereby ORDAIN: Section I: Wastewater Discharge Regulations governing the use of District sewerage facilities are hereby enacted to provide: ARTICLE 1 GENERAL PROVISIONS 101. PURPOSE AND POLICY A. The purpose of this Ordinance is to provide for the maximum public benefit from the use of District's facilities. This shall be accomplished by regulating sewer use and wastewater discharges, by providing equitable distribution of costa in compliance with applicable Federal, State and local Regulations, and by providing procedures that will allow the District to comply with requirements placed upon the District by other regulatory agencies. The revenues to be derived from the application of this ordinance shall be used to defray all costs of providing sewerage service by the District, including, but not limited to, administration, operation, monitoring, maintenance, financing, capital construction, replacement and recovery, and provisions for necessary reserves. B. This Ordinance shall be interpreted in accordance with the definitions set forth in Section 102. The provisions of the Ordinance shall apply to the direct or indirect discharge of all liquid wastes carried to facilities of the District. C. To comply with Federal, State, and local policies and to allow the District to meet applicable standards of treatment plant effluent quality, sludge quality, and air quality, provisions are made in this Ordinance for the regulation of wastewater discharges to the public sewer. This Ordinance establishes quantity and quality limits on all wastewater discharges which may adversely affect the District's sewerage systems, processes, effluent quality, sludge quality, air emission characteristics, or inhibit the District's ability to beneficially reuse or dispose of its sludge or meet sludge discharge criteria. It is the intent of these limits to improve the quality of wastewater being received for treatment and to encourage water conservation and waste minimization by all users connected to a public sewer. It is the District's intent to limit future increases in the quantity (mass emission) of waste constituents being discharged. This Ordinance also provides for regulation of the degree of waste pretreatment required, the issuance of permits for wastewater discharge and connections and other miscellaneous permits, and establishes penalties for violation of the Ordinance. D. Since the District is committed to a policy of wastewater reclamation and reuse in order to provide an alternate source of 3 water supply,'the implementation of programs for reclamation through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements on wastewater discharges. In the event that more stringent quality requirements are necessary, the Ordinance will be amended to reflect those changes. E. Since the District is committed to a policy for the beneficial use Of Sludge, the implementation of programs to land-apply or provide for the marketing and distribution of sludge may necessitate more stringent quality requirements on wastewater discharges. F. Since the District is also committed to meet applicable air quality goals established by the South Coast Air Quality Management District, more stringent quality requirements on wastewater discharges may be required to meet such goals. 102. DEFINITIONS A. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations, Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Test Procedures for the Analyses of Pollutants), or as specified. Other terms not herein defined are defined as being the same as set forth in the International Conference of Building Officials Uniform Building Code, Current Edition. 1. Ad Valorem Tax shall mean that portion of the basic tax allocated for the benefit of an individual District on the assessed value of land and improvements within its boundaries, exclusive of bonded indebtedness. 2. Assessed Value shall mean that portion of the total assessed value of the land and improvements upon which taxes are collected and allocated. 3. Biochemical Oxygen Demand IBOD1 shall mean the measure of biodegradable organic material in domestic or other wastewaters as represented by the quantity of oxygen utilized over a period of five days at 20 degrees centigrade and as determined by the appropriate testing procedures, and expressed in terms of mass and/or concentration [pounds per ' day or milligrams per liter (mg/L) ] . 4. Board shall mean the Board of Directors of the County Sanitation District No. of orange County, California. References to the "Joint Hoards of Directors" shall mean the combined governing Boards of all Districts that are signatory to the Joint Ownership, Operation and Construction Agreement of July 1, 1985. 5. Bye amass shall mean the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. 6. capital Facilities Connection Charge shall mean the one-time payment of a fee, imposed by the governing Board of the 4 District, to pay for the future costs of constructing new sewerage collection, treatment, and disposal facilities; the replacement, rehabilitation, or reconstruction of existing facilities; and as a contributive share of the cost of the existing facilities. Said charge shall be paid by all property owners at the time they develop the property and connect directly or indirectly to the District eewerage facilities as a new system user. This charge, as set forth in Article 7 of this Ordinance, is expressly authorized by the Provisions of California Health S Safety Code Sections 5471 and 5474. 7. Capital Facilities Replacement Service Charge shall mean a charge imposed on a user of the treatment works, pursuant to Sections 302.6(F)2, 303.6(F)2 or 304.6(B)2 of this Ordinance, which may be used to recover the costs of operation and maintenance, which charges Shall be allocated to the District's Operating Fund. e. Charge For Use shall mean a charge established and levied by the District upon residential, commercial and industrial users in proportion to the use of the treatment works by their respective class, that provides for the operation and maintenance expenses, capital facilities rehabilitation or replacement, and adequate reserves for the sewage treatment works. 9. Chemical Oxygen Demand (COD1 shall mean the measure of chemically oxidizable material in domestic or other wastewaters as determined by appropriate testing procedures and expressed in terms of milligrams per liter. 10. Class I User shall mean any user who discharges wastewater that: a) Is subject to Federal Categorical Pretreatment Standards; or b) averages 25,000 gallons per day or more of regulated process wastewater; or c) is determined by the General Manager to have a reasonable potential for adversely affecting the Districts' operation or for violating any pretreatment Standard, local limit, or discharge requirement; or d) may cause, as determined by the General Manager, pass through or interference with the District sewerage facilities. 11. Class II User shall mean any industrial user whose charge for use is greater than the ad valorem tax basic levy allocated to the District, exclusive of debt service, that discharges wastes other than sanitary, and that is not otherwise required to obtain a Class I permit. 12. Class III User shall mean any user that discharges only sanitary waste and whose charge for use is greater than the ad valorem tax basic levy allocated to the District, exclusive of debt service, and is not otherwise required to obtain a Class I or Class II permit. Unless otherwise stipulated in the permit, Class III users shall be considered discharging a domestic waste equivalent for HOD and suspended solids. 13. Code of Federal Regulations (CFR) shall mean the codification of the general and permanent regulations published in the 5 Federal Register by the executive departments and agencies of the Federal Government. 14. Compatible Pollutant shall mean a combination of biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria, plus other pollutants that the District's treatment facilities are designed to accept and/or remove. Compatible pollutants are non-compatible when discharged in quantities that have an adverse effect on the District's system or NPDES permit, or when discharged in qualities or quantities violating any Federal Categorical Pretreatment Standard, local limit, or other discharge requirement. 15. Composite Sample shall mean a collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a representative sample of the wastestream discharged during the sample period. Samples will be collected when manufacturing, processing, or other industrial wastewater discharge occurs. 16. Connection Permit Shall mean a permit issued by the governing District, upon payment of a capital facilities connection charge, authorizing the permittee to connect directly to a District sewerage facility or to a sewer which ultimately discharges into a District sewerage facility. 17. CSDOC shall mean County Sanitation Districts of Orange County. is. Cyanide. (Amenable) shall mean those cyanides amenable to chlorination as described in 40 CFR 136.3. 19. Department Head shall mean that person duly designated by the General Manager to direct the Source Control Division and perform those delegated duties as specified in this Ordinance. 20. Development shall mean parcel of land on which dwelling units, commercial or industrial buildings or other improvements are built. 21. Discharger shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User. 22. District shall mean any individual or combination of individual County Sanitation Districts No. 1, 2, 3, 5, 6, 7, 11, 13, or 14 of Orange County and shall include any Districts that are formed after the effective date of this Ordinance that are included in the Joint Administrative Organization. The term includes the plural and/or the possessive where appropriate. 23. District Sewerage Facility or System shall mean any property belonging to the District used in the treatment, reclamation, reuse, transportation, or disposal of wastewater, or sludge. 24. Division Head shall mean that person duly designated by the General Manager to implement the District's Source Control Program and perform the duties as specified in this Ordinance. 25. Domestic Wastewater shall mean the liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private disposal system. 6 26. Dwelling Unit shall mean 'a single unit providing complete, independent living facilities for one or more persons, which may include permanent provisions for living, sleeping, eating, cooking and sanitation. For the purpose of this Ordinance, a mobile home shall be considered as a Dwelling Unit. More than one Dwelling Unit per structure and/or lot shall be deemed multiple Dwelling Units. 27. Enforcement Compliance Schedule Agreement (ECSA) shall mean a mutual agreement between the District and permittee amending the permit to require implementation of necessary pretreatment practices and/or installation of equipment to ensure permit compliance. 28. Executive Committee shall mean the Executive Committee of the combined governing Boards (Joint Boards of Directors) of all Districts that are signatory to the Joint Ownership, Operation and Construction Agreement of July 1, 1985. 29. Federal Categorical Pretreatment Standards shall mean any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 30. Federal Regulations shall mean any applicable provision of the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, Title 33, United States Code, Section 1251 and following, and any regulation promulgated by the United States Environmental Protection Agency under Title 40 CFR implementing that act. 31. Floor Area shall mean the area included within the surrounding exterior walls of a building or portion thereof, exclusive of ramps, docks, vent shafts, and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. 32. Flow Monitoring Facilities shall mean equipment and structures provided at the user's expense to measure, totalize, and/or record, the incoming water to the facility or the wastewater discharged to the ewer. 33. General Manager shall mean the individual duly designated by the Board of Directors of the District to administer this Ordinance (REFER TO SECTION 107) . 34. Grab Sample shall mean a sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time. 35. Industrial User shall mean any user that discharges industrial wastewater. 36. Industrial Wastewater shall mean all liquid-carried wastes and wastewater of the community, excluding domestic wastewater, and shall include all wastewater from any producing, manufacturing, processing, agricultural, or other operation. These may also include wastes of human origin similar to domestic wastewaters. 7 37. Infectious Waste shall mean materials which are likely to transmit etiologic agents which cause, or significantly contribute to the cause of, increased morbidity or mortality of human beings, as more specifically set forth in Health and Safety Code Section 25117.5. 38. Inspector shall mean a person authorized by the General Manager to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities. 39. Interference shall mean any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the District's treatment processes or operations, or its sludge processes, use, or disposal, or is a cause of violation of the District's HIDES permit or prevents lawful sludge use or disposal. 40. LEL (Lower Explosive Limit) shall mean the minimum concentration of a combustible gas or vapor in air (usually expressed in percent by volume at sea level) which will ignite if an ignition source (sufficient ignition energy) is present. 41. Local Sewerino Agency shall mean any public agency or private corporation responsible for the collection and disposal of wastewater to the District's sewerage facilities duly authorized under the laws of the State of California to construct and/or maintain public sewers. 42. Manor Violation shall mean a discharge over the permitted discharge limit, as determined by the result of a composite sample analysis, as follows: a) a discharge exceeding a mass emission limit by 20% or more, or b) a discharge exceeding a concentration limit by 20% or more, or c) a pH discharge less than 5.0. 43. Mass Emission Rate shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. 44. May shall mean permissive. 45. Medical Waste shall mean the discharge of isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, Sherpa, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. 46. Milligrams Per Liter (mg/L) shall mean a unit of the concentration of water or wastewater constituent. It is 1 gram of the constituent in 1,000 liters of water. It has replaced the unit formerly used, parts per million, to which it is approximately equivalent in reporting the results of water and wastewater analysis. 47. Minor violation shall mean a discharge over the permitted discharge limit as determined by the result of a composite sample analysis, as follows: 8 a) a discharge exceeding a mass emission limit by less than 20%, or b) a discharge exceeding a concentration limit by less than 20%,' or e) a PH discharge equal to or greater than 5.0. but less than 6.0, or d) a PH discharge greater than 12.0. 48. National Pollutant Discharge Elimination System (NPDES) shall mean the permit issued to control the discharge to surface waters of the United States as detailed in Public Law 92-500, Section 402. 49. New Construction shall mean any structure planned or under construction for which a connection permit has not been issued. 50. New Source shall mean those sources that are new as defined by 40 CFR 403.3(k) as revised. 51. Non-Compatible Pollutant shall mean any pollutant which is not a compatible pollutant as defined herein. 52. Normal Working Day shall mean the period of time during which production or operation is taking place or any period during which discharge to the sewer is occurring. 53. Operation and Maintenance Service Charge shall mean a charge imposed on a user of the sewerage facilities, pursuant to Sections 302.6(F)l, 303.6(F)l or 304.6(B)1 of this Ordinance, which may be used to recover the coats of operation and maintenance, which charges shall be allocated to the District's Operating Fund. 54. Ordinance shall mean that document entitled "Wastewater Discharge Regulations" containing District requirements, conditions, and limits for connecting and discharging to the sewer system, as may be amended and modified. 55. PH shall mean both acidity and alkalinity on a scale ranging from 0 to 14 where 7 represents neutrality, numbers less than 7 increasing acidity, and more than 7 increasing alkalinity, and is the logarithm of the reciprocal of the quantity of hydrogen ions in moles per liter of solution. 56. Pass Through shall mean discharge through the Districts' sewerage facilities to waters of the U.S. which, alone or in conjunction with discharges from other sources, is a cause of a violation of the Districts' NPDES permit. 57. Permittee shall mean a person who has received a permit to discharge wastewater into the District's sewerage facilities subject to the requirements and conditions established by the District. 58. Persob shall mean any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America. 59. Pesticides shall mean those compounds classified as such under Federal or State law or regulations including, but not limited to those listed in Section 209.B.4 9 60. Pollutant shall mean any constituent or characteristic of wastewaters on which a discharge limit may be imposed either by the District or the regulatory bodies empowered to regulate the District. 61. Polychlorinated Biphenvls (PCB1 shall mean those compounds classified as such under Federal or State law including, but not limited to those listed in Section 209.B.3 62. Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a level authorized by the District prior to discharge of the wastewater into the District's system. The reduction or alteration can be obtained by.physical, chemical or biological process, or process changes by other means. 63. Pretreatment Facility shall mean any works or devices that the General Manager determines are appropriate to treat, restrict, or prevent the flow of industrial wastewater prior to discharge into a public sewer. 64. Priority Pollutants shall mean the most recently adopted list of toxic pollutants identified and listed by EPA as having the greatest environmental impact. They are classified as non-compatible pollutants and may require pretreatment prior to discharge in order to prevent: a) interference with the District's operation; or b) sludge contamination; or c) pass through into receiving waters or into the atmosphere. 65. Public Agency shall mean the State of California and any city, county, district, other local authority or public body of or within this State. 66. Public Sewer shall mean a sewer owned and operated by the District, a city or other local sewering agency which is tributary to the Districts' sewerage facilities. 67. RCRA shall mean Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, at seg. ) and as amended. 68. Regulatory Agencies shall mean those agencies having jurisdiction over the operation of the District including, but not limited to, the .following: a) United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA). b) California State Water Resources Control Board (SWRCB) . c) California Regional Water Quality Control Board, Santa Ana Region (RWQCB). d) South Coast Air Quality Management District (SCAQMD) . e) California Department of Health Services (DOHS) . 69. Regulatory Compliance Schedule Agreement (RCSAI shall mean an agreement between the District and permittee requiring the permittee to implement pretreatment practices and/or install 10 u-i cant to ensure compliance with future revised categorical _-at_eat.=t standards or revised discharge limits. 70. Sa7.-1e =r_nt shall mean a location approved by the District, frc.-, _ch wastewater can be collected that is representative in ccrte_nt and consistency of the entire flow of wastewater being saxnled. 71. sacr_i,- Facilities shall mean structure(s) provided at the user' s expense for the District or user to measure and record wastewater constituent mass, concentrations, collect a renreser.tative sample, or provide access to plug or terminate the d-scharge. tare Waste shall mean domestic wastewater, human excrement ana gray water (household showers, dishwashing operations, etci . 12 . Sets, Waste shall mean any sewerage from holding tanks such as chemical toilets, campers, trailers, and septic tanks. 74. = e small mean wastewater. 75. ataae Facilities or system shall mean any and all fac_1_::es used for collecting, conveying, pumping, treating, and d_spcsing of wastewater and sludge. 1_. Shal: means mandatory. 77. Sian-f-pant Non-Compliance (SNC) shall mean the compliance s tatcs r an industrial user who is in violation of one or mcre cf _he following criteria: a;. csronic violations of discharge limits. Defined as -urrino when 66 percent or more of all measurements _a,en d_rirc a _-x-month period exceed the daily maximum .,_ n:.e average limit for the same pollutant; h) acate violations of discharge limits. Defined as cr_urring when 33 percent or more of all measurements taken during a six-month period equal or exceed the rcoduct of the daily average maximum limit or the .,stage limit times the applicable Technical Review Ct_teria (TRC) for BOD, TSS, fats, oil and grease. TRC :.4 for BOD, TSS, fats, and oil and grease. The TRC _or all other pollutants except pH = 1.2. _, any other violation of a pretreatment effluent limit chat the District determines has caused, either alone or -n combination with other discharges, interference or pass through; d) a discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the Districts' exercise __ -ts emergency authorities; ej exceed-ng by 90 days or more the scheduled date of a z �pliance schedule milestone contained in an HCSAt 3CSA, probation order, or other enforcement order, for ezarting construction, completing construction, or for attaining final compliance; - f taLlure to provide required reports including but not limited to periodic self-monitoring reports and reports 11 mn compliance with compliance schedules within 30 days cf the due date; `a lure to accurately report non-compliance with scharge limits or any other requirements applicable to th=_ user pursuant to this Ordinance; or _- other violation or group of violations that the l_s-riot determines will adversely affect the operation or implementation of the District's pretreatment program. 78. Sluc Loa-. shall mean a discharge that exceeds the prohibitions stated Lr section 209 and significantly exceeds the usual user f1r, cr pollutant loading, either mass or concentration. 79. sly shall mean any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility - service, or pretreatment facility. 80. Special Purpose User shall mean any discharger who is granted a Scecia_ Purpose Discharge Permit by the District to disc-,arce unpolluted water, storm runoff, or groundwater to the C_strict's sewerage facilities. 81. Scent Solutions shall mean any concentrated industrial wastewater. 82. Sp_1_ Con-ainment shall mean a protection system installed by the permittee to prohibit the discharge to the sewer of ncr-nc:inatible pollutants. 83. Stacdard Industrial Classification ;S.I.C. 1 shall mean a sy=_-ex cf classifying industries as identified in the S.I.C. Me o-aal, _987, or subsequent edition, as prepared by the Office of Xanaeenent and Budget. _ 84. St=_r9=rd Methods shall mean procedures described in the curie-c edition of Standard Methods for the Examination of Water ar3 Wastewater, as published by the American Public Rea:-h Association, the American Water Works Association and Water ?__lotion Control Federation. 85. Scsrsr.-ad Solids shall mean any insoluble material contained as a szponent of wastewater and capable Of separation from the lig.: portion of said waste by laboratory filtration as dete_-r,_ned by the appropriate testing procedure and expressed ir. ter:rs of milligrams per liter. 86. Tax c_-__t shall mean that portion of the basic levy on the disotarger's County of Orange Ad Valorem Tax Bill allocated to the = strict. The basic levy does not include taxes for bonded indebtedness. 87. Tcta_ organic Carbon lTOC1 shall mean the measure of total craanic carbon in domestic or other wastewater as determined by the appropriate testing procedure. 88. Unpol used Water shall mean water to which no pollutant has been added either intentionally or accidentally. 89. User s:^a_1 mean any person who discharges or causes a discharae of wastewater directly or indirectly to a public sewer. User shall mean the same as Discharger or Industrial User. 12 90. Waste shall mean sewage and any and all other wsets substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal. 91. Waste Manifest shall mean that receipt which is retained by the generator of hazardous wastes as required by the State of California or the United States Government pursuant to RCRA, or the California Hazardous Materials Act, or that receipt which is retained by the generator for recyclable wastes or liquid non-hazardous wastes as required by the District. 92. Wastehauler shall mean any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for the purpose of discharging said waste into the District's system. 93. Wastewater shall mean the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer. 94. Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of wastewater. B. Words used in this Ordinance in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary. 103. CONFIDENTIAL INFORMATION All user information and data on file with the District shall be available to the public and governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the District that the release of such information would divulge information, processes or methods which would be detrimental to the user's competitive position. The demonstration of the need for confidentiality made by the permittee must meet the burden necessary for withholding such information from the general public under applicable State and Federal Law. Any such claim must be made at the time of submittal of the information by marking the submittal "Confidential Business Information.. on each page containing such information. Information which is demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency without prior notification to the user. Information concerning wastewater quality .and quantity will not be deemed confidential. 13 104. TRANSFER OF PERMITS A. permits issued under this Ordinance are for a specific user, for a specific operation at a specific location or for a specific wastehauler, and create no vested rights. 1. No permit may be transferred to allow a discharge to a public sewer from a point other than the location for which the permit was originally issued. 2. Except as expressly Bet forth herein, no permit for an existing facility may be transferred to a new owner and/or operator of that facility. E. At least thirty (30) days prior to the sale or transfer of ownership of any business operating under a permit issued by the District, the permittee shall notify the District in writing of the proposed sale .or transfer. The successor owner shall apply to the District for a new permit at least fifteen (15) days prior to the sale or transfer of ownership in accordance with the provisions of this Ordinance. A successor owner shall not discharge any wastewater for which a Permit 1B required by this Ordinance until a permit is issued by the District to the successor owner. C. Notwithstanding the foregoing, the District may, in its discretion, allow the transfer of a permit to a new owner and/or operator, at the Bame location for which the permit was originally issued, if: 1. The existing permittee and the proposed new owner and/or operator provide the District with written notification of the intended transfer at least thirty (30) days in advance of the transfer date; and 2. The District approves, in writing, the permit transfer prior to commencement of operations by the new owner and/or operator. D. The written notification of intended transfer shall be in a form approved by the District and Bhall include a written certification by the new owner and/or operator which: 1. States that the new owner or operator has no immediate intent to modify the facility's operations and/or processes; 2. Identifies the specific date on which the transfer is to occur; and 3. Acknowledges that the new owner or operator is fully responsible for complying with the terms and conditions of the existing permit and all provisions of this Ordinance. 105. EFFECT OF TRANSFER OF PERMITS Except as expressly set forth in Section 104.C, any permit which is transferred to a new owner and/or operator or to a new facility is void. 106. AUTHORITY The District is regulated by several agencies of the United States Government and the State of California, pursuant to the provisions of Federal and State Law. Federal and State Laws grant to the District the authority to regulate and/or prohibit, by the adoption of ordinances or resolutions, and by issuance of discharge permits, the discharge of any 14 irect_y cr int_rectly, to the District's sewerage facilities. Sold a-�=--=_y irclttes =.-.e right to establish limits, conditions, and -�nibitd o-s; to eatebli.0 flow rates or prohibit flows discharged to the C ie_r act 's s=_wera�e -acilities; to require the development of compliance s7se3.:=ee fcr the :nsnallation of equipment systems and materials by all __ = ar_d to take a__ actions necessary to enforce its authority, whether outside = e District's boundaries, including those users that a_s _s_t.:tary to :istrict or within areas for which the District has contracted tc pwv_de sewerage services. 'he :istrtct has - e authority pursuant to California Health and Safety -ones 5-- and 4474 to prescribe, revise, and collect all fees and charge =- ces act facilities furnished by the District either within or it tout its terr_torial limits. 107 . DELEGATION OF AUTHORITY �. erever any power is granted to or a duty is imposed upon the General the r -v be exercised or the duty may be performed by any n .e rs�n sc e_c tr ze3 by the General Manager. 108 . SIGNATORY REOUIREMENTS 2emrta any perm__ applications required by this Ordinance shall contain t:�e fol c,=, cer^_'_£_cation statement: have p-rsocal:v examined and am familiar with the information submitted in the at_aohed deco..-ent, and I hereby certify under penalty of law that informati= was cStained in accordance with the Federal Pretreatment Fec_:reT.e-t s. ..orec+er, based upon my inquiry of those individuals icnediat=_v r-,p-nsi'n.e for obtaining the information reported herein, I belie-:a ti-._c .-Ltted information is true, accurate, and complete. I an a.ara tcere are significant penalties for submitting false infor:.a ii— _rcicddnc the possibility of fine and imprisonment." The statement sha_1 be signed by an authorised representative of the industria- pser as defined in 40 CYR 403.12(1)(1-4). 15 ARTICLE 2 GENERAL PROHIBITIONS AND LIMITS ON DISCHARGES 201. PROHIBITED DISCHARGES A. No person shall discharge or cause to be introduced a quantity or quality of wastewater directly or indirectly to sewerage facilities owned by or tributary to the District's sewerage facilities which causes, or is capable of causing, either alone or by interaction with other S.bstanCes: 1. A fire or explosion. .2. Obstruction to the flow in the sewer system resulting in interference or damage to the sewerage facilities. 3. Danger to life or safety of any person. 4. Impairment of the effective maintenance or operation of the sewerage system. 5. Toxic gases, vapors, or fumes within the sewerage facilities in a quantity that may cause acute worker health and safety problems. - 6. Pass through or interference. 7. The Districts' effluent to fail a toxicity test. e. The Districts' effluent or any other product of the treatment process, residues, sludges or scums, to be unsuitable for reclamation, reuse or disposal. 9. Discoloration, pass through, or any other condition which affeete the quality of the Districts' influent or effluent in such a manner that inhibits the Districts' ability to meet receiving water quality, sludge quality, or air quality requirements established by Regulatory Agencies. . 10. Excessive foaming in the sewerage facilities. 11. Conditions which violate any statute, regulation, or ordinance of any public agency or Regulatory Agency having jurisdiction over the operation of or discharge of wastewater through the sewerage facilities. B. No person shall discharge wastewater, delivered by vehicular transport, rail car, or dedicated pipeline, directly or indirectly to the Districts' sewerage facilities which wastewater contains any substance that is defined as a hazardous waste by the Regulatory Agencies. C. No person shall transport waste from one location or facility to another for the purpose of treating or discharging it directly or indirectly to the Districts' sewerage System without written permission from the District. D. No user shall increase the contribution of flow, pollutants, or change the nature of pollutants where such contribution or change does not meet applicable standards and requirements or where such 16 contribution would cause the District to violate any Federal, State, or local regulatory permit. 202. PROHIBITION ON DILUTION No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's permit or to establish an artificially high flow rate for permit mass emission rates. 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER A. No person shall discharge groundwater, surface runoff, or subsurface drainage directly or indirectly to the District's sewerage facilities except as provided herein. Pursuant to Section 305, at seq., the District may approve the discharge of such water only when no alternate method of disposal is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a Special Purpose Discharge Permit from the District. C. If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established herein and shall meet such other conditions as required by the District. 204. PROHIBITION ON UNPOLLUTED WATER A. No person shall discharge unpolluted water such as single pass cooling water directly or indirectly to the District's sewerage facilities except as provided herein. Pursuant to Section 305, et seq. , the District may approve the discharge of such water only when no alternate method of disposal or reuse is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a Special Purpose Discharge Permit from the District. .C. If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established.herein and shall meet such other conditions as required by the District. 205. PROHIBITION ON RADIOACTIVE WASTES No person shall discharge radioactive waste unless: A. The person is authorized to use radioactive materials by the State Department of Health or other 'governmental agency empowered to regulate the use of radioactive materials; and B. The waste is discharged in strict conformity with current California Radiation Control Regulations (California Code of Regulations, Title 17) for safe disposal; and C. The person is in compliance with all rules and regulations of all other applicable regulatory agencies; and D. The person has obtained a Class I permit from the District. 17 205. PROHIBITION ON THE USE OF GRINDERS Waste from industrial or commercial grinders shall not be discharged into a public sewer, except wastes generated in packing or preparing food or food products. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. 207. PROHIBITION 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 an approved building sewer, unless approved by the District upon written application by the user and payment of the applicable fees and charges established herein. 208. PROHIBITION ON WASTERAULER DISCHARGES A. No wastehauler shall discharge septic waste, cesspool wastes, wastes from a vacuum pumping truck or other liquid waste transport vehicle, without first obtaining both a valid orange County Health Department Permit and a CSDOC Wastehauler Permit as required by Section 306. Such wastewaters shall be discharged only at a location specified by the District. B. No wastehauler discharging septic waste, or sanitary waste shall discharge constituents in excess of those specified in the respective permit based on the Limits For Wastehaulers Discharging Domestic Waste in Table I. C. The discharge of industral wastewater by any wastehauler is prohibited unless written permission of the General Manager has been obtained, the proper permits have been obtained, and the waste meets Federal and State limits applicable to the user from which the waste was obtained; or Local Discharge Limits as specified in Table I, whichever are more stringent. D. No wastehauler shall discharge directly or indirectly to the sewerage facilities any material defined as hazardous waste by RCRA or 40 CFR 261. E. Upon request by the District, each wastehauler shall provide a waste manifest documenting the source of all wastewater to be discharged into the sewerage facilities. 209. LIMITS ON WASTEWATER STRENGTH AND CHARACTERISTICS A. No person shall discharge wastewater in excess of either the permitted mass emission rates established in accordance with Section 210 or the concentration limits set forth in Table I or the discharge permit. Further, no person shall discharge wastewater in excess of any applicable Federal or State discharge regulations. B. No person,shall discharge wastewater; 1. Having a temperature higher than 140 degrees Fahrenheit, (60 degrees Centigrade), or which causes the temperature at the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Centigrade). 2. Having a pH less than 6.0 or greater than 12.0. 18 3. Co¢___n_rg polychlorinated biphenyls (PCBs) in excess of the lir, _t as shown in Table I. PCBs include, but are not limited to tce `g11owing: Aroelors 1016, 1221, 1228, 1232, 1242, 124_, ___-, 1260, and 1262. 4. Con-a-n:r-3 pesticides in excess of the limit as shown in Table I. _=--sides include, but are not limited to the following: DD: �; fic F.lorodiphenyltrichlorp-ethane, both isomers), DOE ( c - - 2 1 o r o d i p h e n y 1 - e t h y l e n e ) , D D D (d_c:^crociphenyldichloroethane), Aldrin, Benzene Hexachloride (al_rs , beta (B), and gamma isomers), Chlordane, Endrin, Endr_r a.dehyde, 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), toxarn:n: , a-endosulfan, fl-endosulfan, Endosulfan sulfate, Hepts_t-c-, Heptachlor epoxide, Dieldrin, Demeton, Guthion, Ha_a_hisr., Methoxychlor, Mirex, and Parathion. 5. H...ng azimum Biochemical Oxygen Demand (HOD) greater than 15,GCu ponds per day; or exceeding a 30-day HOD average of 10, '-- pounds per day. 6. Conta_c_rg excessive flow or other materials, including, but nr_ Lx-cad to, ammonia, chemical oxygen demand, total organic --- tricrity pollutants; suspended solids, oil and grease of =r_ral or vegetable origin, total dissolved solids, and _. p:neno=ic compounds released in a discharge at a flow rate and cr -::cent-atlon which will cause problems, pass through, or _c-__tarence with the sewerage facilities. 7. Proxc_r.g a gaseous mixture that is 10% or greater of the leer asclosive limit (LEL) or having a closed cup flashpoint of as_, -,-.an 140 degrees Fahrenheit or 60 degrees Centigrade u si:g se test methods specified in 40 CPR 261.21. B. Con_a_n:ng material which will readily settle or cause an obscr�bn to flow in the sewer resulting in interference, sate as, but not limited to, sand, mud, glass, metal filings, diatomaceous earth, cat litter, asphalt, dead animals, wood, bones, hair, and fleshings. 9. In violation of any applicable Federal Categorical Pretreatment Standards, State standards or other local regulations covering wastewater disposal or operations. - 210. MASS EMISSION RATE DETERMINATION A. Mass emission rates for non-compatible or compatible pollutants that are present cr anticipated in the user's wastewater discharge may be set for eaci user and made an applicable part of each user's permit. These races shs11 be based on Table I, Local Discharge Limits, or Facers- Categorical Pretreatment Standards, and the user's average daily wastewater discharge for the past three years, the most recent representative data, or other data acceptable to the General Manager. B. To verify the user's operating data, the District may require a user to sabx io an inventory of all wastewater streams and/or records ind_car_ng production rates. C. The Cistripc nay revise limits or mass emission rates previously estah_i=_hec the discharger's permit at any time, based on: current or anticipated operating data of the discharger or the District; the Districts' ability to meet NPDES limits; or changes in the reruirene-.ts of Regulatory Agencies. 19 D. The excess use of water to establish an artificially high flow rate for mass emission rate determination is prohibited. 211. PROHIBITION ON MEDICAL WASTE A. No person shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories or o_her nedica_ faclitiss to the sewerage system including, but not _loitet tc, hypodermic needles, syringes, instruments, utensils or ctte- n- and plastic items of a disposable nature except where pricy sr_ approval for such discharges is given by the General Nanag=__ . B. The _c str_ct =s_1 have the authority to require that any discharge of an i "=xrioa_ waste to the sewer be rendered non-infectious prior to dis_arce if the infectious waste is deemed to pose a threat to -he s_t1_c health and safety, or will result in any violation of app__ca_.e waste discharge requirements. 212. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES Scect ecic cvs, sludges, and materials of quantity or quality in v_olac cn cf, cr prohibited by this Ordinance, or any permit issued oral.- t'._s C-d_ndnCe must be disposed of in a legal manner at a _ega_Y,, exceptable point of disposal as defined by the District or apr'=r-ate 3egulatory Agency. All waste manifests shall be reta_:-ed `_- a minimum of three years, and made available to the C isnrict cpor- request. 20 TABLE I COUNTY SANITATION DISTRICTS OF ORANGE COUNTY LOCAL DISCHARGE LIMITS(a) CCNS__TUENT MILLIGRAMS/LITER secic 2.0 Cadx ,, 1.0 Ctrcmnc (Total) 2.0 cner 3.0 Lead 2.0 N_ex care 0.03 i;dcke: 10.0 lver 5.0 Z,, 10.0 CEani9e (Ccta_) 5.0 CYavide �P_enac_eJ 1.0 3olyc:n:orinacea B,.necy_s 0.01 Pesc_crdes 0.01 _cx_c Crgaics 0.58 Sa ice — - 5.0 Su_°_ce IC_ssc_ved) 0.5 Oil acd crease cf mineral e_ patrolevr origin 100.0 LIMITS FOR WASTERAULERS DISCHARGING DOMESTIC WASTE CONSTITUENT MILLIGRAMS/LITER Cadmium 2.0 Chromium 2.0 Copper 25.0 Lead 10.0 Nickel 10.0 Zinc - -50.0 (a): Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent limits. . 21 ARTICLE 3 DISCHARGE PERMITS, CHARGES, AND FEES 301. INTRODUCTION :c provide the maximum public benefit from the use of District sewerage_ 'acd:dties, written authorization to use said facilities is -ra fired. L-._s written authorization shall be in the form of a __ec large pe—.-t. No vested right shall be given by issuance of ce r:'its rrc>_�=� for in this Ordinance. The District reserves the ns es_tac L, ah, by Ordinance or in Wastewater Discharge Permits, - --_-naent standards or requirements on discharges to the -etr_cs' oswe-age facilities if deemed by the General Manager approor_a_e -i comply with the objectives presented in the Int-coact-cn and Summary of this Ordinance and the prohibitions and limi.ations in Article 2. B. The discharae permit shall be in one of six forms and is dependent upor. the type of discharger, volume, and characteristics of discn,rce. The six discharge permits are: - 1. Class I wastewater Discharge Permit. 2. class II wastewater Discharge Permit. 3. Clazt III Wastewater Discharge Permit. 4. Spec-a! Purpose Discharge Permit. S. wastehauier Discharge Permit. 6. Transportable Treatment Unit Discharge Permit. 302. CLASS I WASTEWATER DISCHARGE PERMITS A. No ase- resiring a Class I permit shall discharge wastewater witnc,t ccta_n_ng a Class I Wastewater Discharge Permit. B. Class I vas-_..a_er Discharge Permits shall be expressly subject to all pro is-or c£ this Ordinance and all other regulations, charges for ice, a- `ees established by the District. The conditions of wastewater : =charge Permits shall be enforced by the District in =ir]e::=e with this Ordinance and applicable State and Federal .Regal--__cns. C. All Class I users proposing to discharge directly or indirectly into the e-_icts' sewerage facilities shall obtain a Wastewater Discharge Permit by filing an application pursuant to Section 302.1 and p=_,-n, the applicable fees pursuant to Section 302.3. For purposes e£ this Ordinance, a Class I user is any user: 1. Subject to Federal Categorical Pretreatment Standards; or 22 2. Discharging wastewater which averages 25,000 gallons per day or more of regulated process water; or 3. Discharging wastewater determined by the Districts to have a reasonable potential for adversely affecting the Districts' operation or for violating any pretreatment standard, local limits, or discharge requirement; or 4. Discharging wastewater which may cause, as determined by the General Manager, pass through or interference with the District's system. 302.1 Class I Wastewater Discharge Permit Application A. Any person required to obtain a Class I Wastewater Discharge Permit shall complete and file with the District, prior to commencing discharge, an application on the form prescribed by the District. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s), S.I.C. number(s), description of the manufacturing process or service activity. 2. (Whichever is applicable) name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by the District, including, but not limited to, those mentioned in Section 210, Mass Emission Rate Determination, and Table I, Local Discharge Limits, of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the discharger and acceptable to the District. 8. Time and duration of discharge. 9. Number of employees and average hours of work per employee per day. 10. . Waste minimization and water conservation practices. 11. Production records, if applicable. 12. Waste manifests, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, if applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 23 16. . Any other information as specified. B. Applicants may be required to submit site plane, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment equipment, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit information related to the applicant's business operations, processes, and potential discharge as may be requested by the District to properly evaluate the permit application. D. After evaluation of the data, the District may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the District's sewerage facilities. E. The permit application may be denied if the applicant fails to establish to the District's satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if. the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 302.2 Class I Permit Conditions. and Limits A. A Class I permit shall contain all of the following conditions or limits: 1. Mass emission rates and concentration limits regulating non-compatible pollutants. 2. Requirements to notify the District in writing prior to modification to processes or operations through which industrial wastewater may be produced. 3. Location of the ueer'e on-site sampling point. 4. Requirements for submission of technical reports, production data, discharge reports, and/or waste manifests. 5. Requirements for maintaining, for a minimum of three years, plant records relating to wastewater discharge, and waste manifests as specified by District. 6. Requirements to submit copies of tax and water bills. B. A Class I permit may contain any of the following conditions or limits: 1. Requirements for the user to construct and maintain, at his own expense, appropriate pretreatment equipment, pH control, flow monitoring facilities, and sampling facilities. 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Requirements to self-monitor. 4. Assumed values for BOD and suspended solids characteristics that typify the discharger's effluent for determination of the charge for use. 24 5. Other terms and conditions which may be appropriate to ensure compliance with this ordinance. 6. Other terms and conditions determined by the General Manager to be appropriate to protect the sewerage system. 302.3 Class I Permit Fee A. The C ' neit fee shall be in an amount adopted by resolution of eta 3c -m ard of Directors. The permit fee shall be payable at the time a perrrit application is submitted for the issuance of a new permit ir a renewed permit. Payment of permit must be received by the r,Lor to issuance of either a new permit or a renewed permit. 2errx__tee shall also pay any delinquent invoices in full prior a perm— renewal. B. Any _e-x_t issued for a location wherein the Permittae is not the pronarty cscer xay be conditioned upon depositing financial security to gsarancee pa;m,ent of all annual fees and charges to be incurred, in aacorearce with the provisions of Section 621. (E) of this Ordinance. 302.4 Class I Permit Modification of Terms and Conditions A. The ten z and conditions of an issued permit may be subject to mcd__:cac:cn are change in the sole determination by the General Mana^=_r dar_nr the life of the permit based on: 1. The discharger's -current or anticipated operating data.- 2. The District's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affecn the District; or 4. A Bete-s nation by the General Manager that such modification is appropriate to further the objectives of this Ordinance. R. New =_., rce i., _rect dischargers shall be required to install and start np arc_ ceceasary pollution control equipment before beginning discharge, and comply with applicable Federal Categorical Pretreatnent Standards not to exceed thirty (30) days after the c ornenca-,ent o" discharge. C. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested ctarge, and the reasons for the change. The Districts shad revie.+ the request, make a determination on the request, and respond in . r___ng. D. Pernitxe Sal - be informed of any change in the permit limitations, cnditiors, cr requirements at least forty-five (45) days prior to the e`fective gate of change. Any changes or new conditions in the cernit ehaii _nclude a reasonable time schedule for compliance. 25 302.5 Class I Permit Duration and Renewal Class I permits shall normally be issued for a period not to exceed two (2) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 302.6 Class I Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from the District pays its reasonably proportionate share of all the costs of providing that sewerage service. Charges for use to recover the cost of conveying, treating, and disposing of sewage in District facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who is issued a Class I Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the formula contained herein and the unit charge rates adopted annually by resolution of the Board of Directors. These fees shall be invoiced on a quarterly basis. The quarterly invoice shall be based upon an estimate of the annual use as determined by the District. Annually, the District shall compute the charge for use based upon actual use for the preceding 12-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by the District. A credit will be allowed for the annual ad valorem tax basic levy allocated to the District for the property for which a permit has been issued by the District. A credit will also be allowed for any supplemental user fee adopted by the Board of Directors by separate ordinance. C. Current property tax bills shall be supplied by the permittee to the District by May 31 of each year for use in determining the ad valorem tax credit and/or the supplemental user fee credit. If the tax bills are not supplied, the District will endeavor to obtain the data. Data obtained by the District will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for District administrative costs when ad valorem property tax or supplemental user fee data are obtained by the District. The amount of the fee shall be adopted by the District's Board of Directors. D. So the District may determine actual annual water use, the user shall provide to the District copies of its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the District will endeavor to obtain the water use data. Data obtained by the District will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for District administrative costs when water use data is obtained by the District. The amount of the fee shall be adopted by the District's Board of Directors. E. The charge for use shall be computed by the following formula: Charge for use = VeV + Bop + S,S - Tax Credit Where V = total annual volume of flow, in millions of gallons B = total annual discharge of biochemical oxygen demand, in thousands of pounds 26 S = total annual discharge of suspended solids, in thousands of pounds V„B„S, = unit charge rates established and adopted by resolution of the District's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below: F. The unit charge rates in the charge-for-use formula shall be determined by the following method: 1. An Operations and Maintenance Service Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the 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 Replacement Service charge for capital replacement and capital improvement shall be levied at a rate to be determined annually the Board of Directors. This charge shall be allocated among wastewater charge parameters of flow, biochemical oxygen demand, and susspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand, and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 3. The unit charge rates for each respective wastewater parameter in (1) and (2) above shall be summed. The unit wastewater charge rates so determined will be expressed in dollars per million gallons for V„ and in dollars per thousand pounds for B. and S.. G. Other measurements of the organic content of the wastewater of a discharger, such as COD or TOC, may be used instead of BOD. However, the discharger must establish to the General Manager's satisfaction a relationship between the HOD of the wastewater and the parameter of measure. This relationship shall be used by the District in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic wastewater strength per employee per year. 27 The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects normal employment fluctuations. 303. CLASS II WASTEWATER DISCHARGE PERMITS A. No user requiring a Class II permit shall discharge wastewater without obtaining a Wastewater Discharge Permit. B. Class II wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use and fees established by the District. The conditions of Wastewater Discharge Permits shall be enforced by the District in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class II users proposing to discharge directly or indirectly into the District sewerage facilities shall obtain a Wastewater discharge Permit by filing an application pursuant to Section 303.1 and paying the applicable fees pursuant to Section 303.3. For purposes of this Ordinance, a Class II user is any user: D. Whose charge for use is greater than the ad valorem tax basic levy allocated to the District; and 2. Discharging waste other than sanitary; and 3. Not otherwise required to obtain a Class I permit. 303.1 Class II Wastewater Discharge Permit Application A. Any person required to obtain a Class II Wastewater Discharge Permit shall complete and file with the District, prior to commencing discharge, an application on the form prescribed by the District. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(a) and S.I.C. number(a); description of the manufacturing process or service activity. 2. (Whichever is applicable) Name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by the District, including, but not limited to, those mentioned 28 in Section 210, Mass Emission Rate Determination, and Table I, Local Discharge Limits of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the discharger and acceptable to the District. 8. Time and duration of discharge. 9. Number of employees and average hours of work per employee per day. 10. Waste minimization and water conservation practices. 11. Production records, if applicable. 12. Waste manifests, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, if applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 16. Any other information as specified. B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment systems, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit other information related to the applicant's business operations, processes, and potential discharge as may be requested to properly evaluate the permit application. D. After evaluation of the data furnished, the District may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the District's system. E. The permit application may be denied if the applicant fails to establish to the Districts' satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 303.2 Class II Permit Conditions, and Limits A. A Class II permit shall contain all of the following conditions or limits: 1. Requirements to notify the District in writing prior to modification to processes or operations through which industrial wastewater may be produced. 2. Location of the user's on-site sample point. 3. Requirements for submission of technical reports, production data, discharge reports, and/or waste manifests. 4. Requirements to submit copies of tax and water bills. 29 B. A Class II permit may contain any of the following conditions or limits: 1. Requirements for the user to construct and maintain, at his own expense, appropriate pretreatment equipment, pH control, flow monitoring and/or sampling facilities. 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Assumed values for ROD and suspended solids characteristics that typify the discharger's effluent for determination of the charge for use. 4. Requirements to self-monitor. 5. Requirements for maintaining, for a minimum of three years, plant records relating to wastewater discharge, and waste manifests as specified by District. 6. Other provisions which may be appropriate to ensure compliance with this Ordinance. 7. Other terms and conditions determined by the General Manager to be appropriate to protect the District's system. 303.3 Class II Permit Pee A. The Class II permit fee shall be in an amount adopted by resolution of the Board of Directors. The permit fee shall be payable at the time a permit application, is submitted for the issuance of a new permit or a renewed permit. Payment of permit must be received by the District prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial security to guarantee payment of all annual fees and charges to be incurred, in accordance with the provisions of Section 621. (E( of this Ordinance. 303.4 Class II Permit Modification of Terms and conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the General Manager during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The District's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the District; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. The permittee shall request a modification to the terms and conditions of an issued permit prior to increasing the contribution of flow, pollutants, or changing the nature of pollutants where such contribution or change will cause the permittee to be in violation 30 of their permit or this Ordinance. The request shall be in writing stating the requested change, and the reasons for the change. The Distri — staL review the request, make a determination on the request, and respond in writing. The Districts' approval may be gran-ec or den_ed. C. Pert_--ee sna_1 be informed of any change in the permit limitations, con__-__.,-, cr requirements at least forty-five (45) days prior to the e -a-- e date of change. Any changes or new conditions in the pe=it shaL include a reasonable time schedule for compliance. 303.5 Class II Permit Duration and Renewal Class IT permits shall be issued for a period not to exceed three (3) years. '.east 45 days prior to the expiration of the permit, The user shall asp y r renewal of the permit in accordance with the provisions of this Article 3. 303. 6 Class II Permit Charge for Use A. The ^arcs=_ s a charge for use is to ensure that each recipient of sewerace s _ce from the District pays its reasonably proportionate .ha-e c° a__ -:-:e costs of providing that sewerage service. Charges for nse -c reccver the cost of conveying, treating, and disposing of sewace _n rict sewerage facilities are exclusive of any fees levied by _ ✓_ sewering agencies. The charge for use shall be cases cn -:-,z ctotal maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, -rea-meat, and disposal. - 3. A di=_c:narce- who is issued a Class II Wastewater Discharge Permit under the previsions of this Ordinance shall pay a charge for use in ac_o-dance -i the formula contained herein and the unit charge rates adcpted annually by resolution of the Board of Directors. -.ese fees sha_1 be invoiced on a quarterly basis. The quarterly invc ice sha_1 be based upon an estimate of the annual use as de-ernined bq the District. Annually, the District shall compute the ctarua f_r ,as based upon actual use for the preceding 12-month per_cd cr. ar. annual reconciliation statement. The charge for use is pay---s xitt_r ' - ,-five (45) days of invoicing by the District. A credit w_1_ be�allowed for the annual ad valorem tax basic levy a llccatad the District for the property for which a permit has been _=_soed b the District. A credit will also be allowed for any sun_nlexentai user fee adopted by the Board of Directors by separate ordinance. C. Current property tax bills shall be supplied by the permittee to the District by May 31 of each year for use in determining the ad va_orer. tax credit and/or the supplemental user fee credit. If the tax bi_is are not supplied, the District will endeavor to obtain the data. Data cbtained by the District will be considered correct and wi11 act be adjusted before the next annual reconciliation star ar=rt. .hare shall be a fee levied for District administrative costs -'-an =- fee data property tax or supplemental user fe data is obta_r.at c-: the District. The amount of the fee shall he adopted by the r_—r_ct's Board of Directors. D. so _str_ct may determine actual annual water use, the user sha:: - cc.+ide to the District copies of its water bills. If these water bi11 copies are not received by July 31 of each year for the 12-7.nnth period ended closest to June 30, the District will endeavor to obtain the water use data. Data obtained by the District will 31 be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for District administrative costs when water use data is obtained by the District. The amount of the fee shall be adopted by the District's Board of Directors. E. The charge for use shall be computed by the following formula: Charge for Use = V,V + B,B + 5,8 - 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 V„B„S, = unit charge rates adopted annually by resolution of the District's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below. F. The unit charge rates in the charge for use formula shall be established annually and shall be determined by the following method: 1. An Operations and Maintenance Service Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the 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 Replacement Service Charge for capital replacement and capital improvement shall be levied at a rate to be determined annually by the Board of Directors. This charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 3. The unit charge rates for each respective wastewater parameter in (1) and (2) above shall be summed. The unit wastewater charge rates so determined will be expressed in dollars per million gallons for V„ and in dollars per thousand pounds for B. and S.. G. Other measurements of the organic content of the wastewater of a discharger, such as COD or TOC, may be used instead of BOD. 32 However, the discharger must establish to the General Manager's satisfaction a relationship between the HOD of the wastewater and the other parameter of measure. This relationship shall be used by the District in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the - sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. HOD and suspended solids to be calculated at domestic wastewater strength per employee per year. The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects normal employment fluctuations. 304. CLASS III WASTEWATER DISCHARGE -PERMITS A. No user requiring a Class III permit shall discharge wastewater without a Class III Wastewater Discharge Permit. B. - Class III Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use and fees established by the District. The conditions of Wastewater Discharge Permits shall be enforced by the District in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class III users proposing to discharge into a public sewer shall obtain a Wastewater Discharge Permit by filing an application pursuant to Section 304.1 and paying the applicable fees pursuant to Section 304.3 before discharging. For purposes of this Ordinance, a Class III user is any user: 1. Discharging only sanitary waste; and 2. Not required to obtain a Class I or Class II permit; and 3. Whose charge for use is greater than the ad valorem basic levy tax paid to the District. D. Unless otherwise stipulated in the permit, Class III users shall be considered to discharge a domestic waste equivalent for HOD and suspended solids. 304.1 Class III Wastewater Discharge Permit Application A. Any person required to obtain a Class III Wastewater Discharge Permit shall complete and file with the District, prior to commencing discharge, an application on the form prescribed by the District. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s) , S.I.C. number(s) , description of the manufacturing process or service activity. 2. (Whichever is applicable) name, address of any and all principals/owners/major shareholders of company; Articles of 33 Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. ]. Time and duration of discharge. 8. water conservation practices. 9. Tons of cooling tower capacity. 10. Number of employees and average hours of work per employee per day. 11. Landscaped area in square feet, if applicable. 12. Any other information as specified. B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment systems, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit other information related to the applicant's business operations, processes, and potential discharge as may be requested to properly evaluate the permit application. D. After evaluation of the data furnished, the District may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the District's system. 304.2 Class III Permit Conditions and Limits A. A Class III permit shall contain all of the following conditions or limits: 1. Requirement to submit tax and water bills. B. A Class III permit may contain any of the following conditions or limits: 1. Assumed values for BOD and suspended solids characteristics that typify the discharge's effluent for determination of the charge for use. 2. Other terms and conditions which may be applicable to ensure compliance with this Ordinance. 3. Other terms and conditions determined by the General Manager to be necessary to protect the Districts' system. 304.3 Class III Permit Fee A. The class III permit fee shall be in an amount adopted by resolution of the Board of Directors. The permit fee shall be payable within 34 forty-five (45) days of invoicing by the District. Payment of permit - fees must be received by the District prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial Security to guarantee payment of all annual fees and charges to be incurred, in accordance with the provisions of Section 621. (E) of this Ordinance. 304.4 Class III Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the District during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The District's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the District; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. . Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The Districts shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any changes in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 304.5 Class III Permit Duration and Renewal Class III permits shall be issued for a period not to exceed three (3) years. Upon expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 304.6 Class III Permit Charge For Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from the District pays its reasonably proportionate share of all costs of providing that sewerage service. Charges for use to recover the coat of conveying, treating, and disposing of sewage in District's Sewerage facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who is issued aClass III Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the provisions contained herein and the unit charge rates adopted annually by resolution of the Board of Directors. This charge shall be determined as follows: 1. An Operations and Maintenance Service Charge for the total annual operation and maintenance funding requirements of the 35 sewerage system established in the adopted budget shall be allocated to a wastewater flow charge. The operation and maintenance costs as distributed to flow shall be divided by the projected annual flow volume to be treated by the sewerage system in the budgeted year. 2. A Capital Facilities Replacement Service Charge for capital replacement and capital improvements shall be levied at a rate determined by the Board of Directors. 3. The charge rate for the wastewater parameter of flow as determined in (1) and (2) above shall be summed, and the rate so determined will be expressed in dollars per million gallons. 4. The District shall invoice the user on a quarterly basis in accordance with policies and procedures adopted by the General Manager. The quarterly estimated charge for use shall be calculated by multiplying the charge rate as determined in (3) above and the estimated volume of wastewater discharged. Annually, the District shall compute the charge for use based upon actual use for the preceding 12-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by the District. A credit will be allowed for the annual ad valorem tax basic levy allocated to the District for the property for which a permit has been issued by the District. A credit will also be allowed for any supplemental user fee adopted by the Board of Directors by separate ordinance. C. Current property tax bills shall be supplied by the permittee to the District by May 31 of each year for use in determining the ad valorem tax credit and/or the supplemental user fee credit. I£ the tax bills are not supplied, the District will endeavor to obtain the data. Data obtained by the District will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for District administrative costs when ad valorem property tax and/or supplemental user fee data is obtained by the District. The amount of the fee shall be adopted by the District's Board of Directors. D. So the District may determine actual annual water use, the user shall provide to the District copies of its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the District will endeavor to obtain the water use data. Data obtained by the District will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for District administrative costa when water use data is obtained by the District. The amount of the fee shall be adopted by the District's Board of Directors. 30S. SPECIAL PURPOSE DISCHARGE PERMITS A. No user requiring a Special Purpose Discharge Permit shall discharge wastewater without obtaining a Special Purpose Discharge Permit. B. Special Purpose Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the District. The conditions of Wastewater Discharge Permits shall be enforced by the District in accordance with this Ordinance and applicable State and Federal Regulations. 36 C. All Special Purpose Discharge Permit users proposing to discharge directly or indirectly into the Districts' sewerage facilities shall obtain a Wastewater Discharge Permit by filing an application pursuant to Section 305.1 and paying the applicable fees pursuant to Section 305.3. This discharge permit may be granted when no alternative method of disposal is reasonably available, or to mitigate an environmental risk or health hazard. 305.1 Special Purpose Discharce Permit Application A. Applicants seeking a special purpose wastewater permit shall complete and file with the District, prior to commencing discharge, an application in the form prescribed by the District. This application shall be accompanied by the applicable fees, plumbing plans, a detailed analysis of the alternatives for water disposal, or other data as needed by the District for review. B. The permit application may be denied when the applicant has failed to establish to the Districts' satisfaction that adequate pretreatment equipment is included within the applicants' plans to ensure that the discharge limits will be met or that the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 305.2 Special Purpose Discharce Permit Conditions and Limits A. Discharge conditions and limits shall be no less stringent than Section 205, Limits on Radioactive Wastes; Section 209, Limits on Wastewater Strenath and Characteristics; Section 210, Mass Emission Rate Determination, and Table I, Local Discharge Limits. B. Monitoring requirements for the discharge shall be for those non-compatible pollutants known to exist in the discharge. At least one analysis prior to sewer discharge shall be performed for all constituents contained in the most current Environmental Protection Agency (EPA) "Priority Pollutant" list, excluding asbestos. C. The District may specify and make part of each Special Purpose Discharge Permit specific pretreatment requirements or other terms and conditions determined by the General Manager to be appropriate to protect the District's Sewerage Facility, the Local Sewering Agency, to comply with Regulatory Agencies' requirements, to ensure compliance with this Ordinance, and to assess user charges. 305.3 Special Purpose Discharge Permit Fee The special purpose discharge permit fee shall be paid by the applicant in an amount adopted by resolution of the Board of Directors. Payment of permit fees must be received by the District prior to issuance of either a new permit or a .renewed permit. Each permittee shall also pay delinquent invoices in full prior to permit renewal. 305.E Special Purpose Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the District during the life of the permit 'based on: 1. The discharger's current or anticipated operating data; 2. The District's current or anticipated operating data; 37 3. Changes in the requirements of Regulatory Agencies which affect the District; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. A permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The District shall review the request, make a determination on the request, and respond in writing. C. A permittee shall be informed of any changes in the permit at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 305.5 Special Purpose Discharge Permit Duration and Renewal Special purpose discharge permits shall be issued for a period not to exceed one (1) year, but may be renewed as determined by the General Manager. Users seeking permit renewal shall comply with all provisions of this Article 3. 305.6 Special Purpose Discharge Permit Charge for Use A charge for use to cover all costs of the District for providing sewerage service and monitoring shall be established by the General Manager. A deposit determined by the General Manager to be sufficient to pay the estimated charges for use shall accompany the Special Purpose Discharge Permit application, and said deposit shall be applied to the charges for use. 306. WASTERAULER DISCHARGE PERMIT A. Wastehauler 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 Wastehauler discharge permits shall be enforced by the District in accordance with this Ordinance and applicable State and Federal Regulations. B. A wastehauler proposing to discharge waste into the District disposal station shall obtain both a valid Orange County Health Department Permit (where applicable), and a CSDOC Wastehauler Permit. 38 306.1 Wastehauler Discharge Permit Application A. No wastehauler shall discharge wastewater without a Wastehauler Discharge Permit. B. Any person required to obtain a Wastehauler Discharge Permit shall complete and file with the District prior to commencing discharge, an application in a form prescribed by the District. This application shall be accompanied by the applicable fees. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, telephone number, and description of the industries, or clients using the applicant's services. 2. (Whichever is applicable) Name, 'address of any and all principals/owners/major shareholders of the company; Articles of Incorporation; moat recent Report of the Secretary of State; Business License. 3. Name and address of leaseholder of the vehicle or trailer, if applicable. - 4. Number of trucks and trailers and the license numbers and tank hauling capacity of each. - 5. A copy of the applicant's Orange County Health Department . Permit. C. Other information related to the applicant's business operations and potential discharge may be requested to properly evaluate the permit application. D. After evaluation of the data furnished, the District may issue a wastehauler discharge permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the District's system. 306.2 Wastehauler Discharge Permit Conditions and Limits The issuance of a Wastehauler permit may contain any of the following conditions or limits: A. Limits on discharge of heavy metals and other priority pollutants. B. Requirements for maintaining and submitting Wastehauling records and waste manifests. C. Additional requirements as otherwise determined to be appropriate by the General Manager to protect the District's system or as specified by other Regulatory Agencies. D. Other terms and conditions which may be applicable to ensure compliance with this Ordinance. 306.3 Wastehauler Discharge Permit Fee The wastehauler discharge permit fee shall be paid by the applicant in an amount adopted by resolution of the Boards of Directors. Payment of permit fees must be received by the District prior to issuance of either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal. 39 306.4 wastehauler Identification Decal and Access Card Transfer A. The identification decal is non-transferable. B. The gate access card is issued to a specific permitted vehicle and is non-transferable unless previously authorized in writing by the District. 306.5 wastehapler Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to nod_f_oatior. and change in the sole determination by the District dtrdng one 1Lfe of the permit based on: 1. . The ii--h arger's current or anticipated operating data; 2. The Li_cr:ct's current or anticipated operating data; 3. charge- _n the requirements of Regulatory Agencies which af`ec_ _-- District; or 4. e. i_t_ra _nation by the General Manager that such modification _- a_{.r_ iate to further the objectives of this Ordinance. a-- a r=_guest a modification to the terms and conditions of an The request shall be in writing stating the =acesoed chance, and the reasons for the change. The District s:a_1 r :.ew the request, make a determination on the request, and _ -__o—d writing. F ern it=e shall be informed of any change in the permit limits, roa ctiota, or requirements at least forty-five (45) days prior to the a.fao-:ae date of change. Any changes or new conditions in the nec-: it -.,a_1 inolude a reasonable time schedule for compliance. 306 . 6 Wastehauler Discharge Permit Duration and Renewal Warteha-_=sr c_aotarge permits shall be issued for a period not to exceed one Upon expiration of the permit, the user shall apply for renew-_ c= _ne =-_-,_i in accordance with the provisions of Article 3. 306.7 Nastehauler Discharge Permit 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 resolution of the Board of 7-actors. 307. TRANSPORTABLE TREATMENT UNIT (TTU) DISCHARGE PERMIT Any oerscn _ntecdinc to operate a TTU shall obtain a TTU Discharge Permit pricer cc discharge into the Districts' sewerage system. TTU discharge n-rca=_ shall '--a expressly subject to all provisions of this Ordinance and a other reed_=z=s, and fees established by the District. The x.._ -Lins of TTU 9 scharge permits shall be enforced by the District in accordance with this Ordinance and applicable State and Federal Regulations. 307.1 TTU Discharge Permit Application A. Any person required to obtain a TTU Wastewater Discharge Permit shall complete and file with the District prior to commencing discharge, an application in a form prescribed by the District. 40 7h_s atp__cacc-. shall be accompanied by the applicable fees. The arnl_oatt sna_1 submit, in units and terms appropriate for eva_na-zr., tte following information: 1. Saxe, address, description of the service activity, copy of -he Herod- to operate issued by the State of California, Depart,=_,- of Health Services. 2. ('ht:chever is applicable) name, address of any and all princ_cals/owners/major shareholders of company; Articles of Incorcc-a-_on; most recent Report of the Secretary of State; Bus_resc License. 3. volume of wastewater that can be processed by the applicant. 4. Name of individual, other than officers of corporation, who can 'n_ _er-,ed with notices. 5. De?ara-.=_v- of Motor Vehicles license plate number(s). 6. EPA and 5-ate Identification Number. B. :_-acts ray ce required to submit mechanical and plumbing plans, a.._ details to show all spill containment, clarifiers and __enarues size, location, and elevation for evaluation. C. Anc_ican-s r, be required to submit other information related to -he apa_ican-' s business operations and potential discharge may be reccested = prcperly evaluate the permit application. �. P'-er e:alca-i or. of the data furnished, the District may issue a -stehacler d_acharge permit, subject to terms and conditions set crth in tn_s ordinance and as otherwise determined by the General warauer -o be appropriate to protect the District's system. E. CSe p=_rmi- application may be denied if the applicant fails to estabi_sh -c the Districts' satisfaction that adequate pretreatment eacic-.en- is :r.cluded within the applicants' plans to ensure that the c_scharce _imits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 307.2 TTD Discharce Permit conditions and Limits The issuance of a TTU permit may contain any of the following conditions or limits: A. Mass eniss_on rates or concentrations regulating heavy metals and other pr_ority pollutants. B. Lim_ts on ra-e and time of discharge or requirements for flow recclation and equalization. C. Rec.:_rexents to notify the District in writing 72 hours prior to the discharge of any waste to the sewer.D. Reoc_rements for the user to construct and maintain, at his own expecse, pH cpp-rol, flow monitoring, or sampling facilities. _. Recc_reoerts _cr submission of technical reports, discharge reports, was-enacl_ng records, and waste manifests. F. Requirements to self-monitor. 41 G. Requirements for maintaining plant records relating to wastewater discharge and waste manifests as specified by District. H. Other terms and conditions which may be applicable to ensure compliance with this Ordinance. I. Other terms and conditions determined by the General Manager to be appropriate to protect the District's system. 307.3 TTU Discharge Permit Fee A. The TTU permit fee shall be in an amount adopted by resolution of the Board of Directors. The permit fee shall be payable within forty-five (45) days of invoicing by the District. Payment of permit fees must be received by the District prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued may be conditioned upon depositing financial security to guarantee payment of all annual fees and charges to be incurred, in accordance with the provisions of Section 623. (E)xxx of this Ordinance. 307.4 TTU Discharge Permit Modifications of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification'and change in the sole determination by the General Manager during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The District's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the District; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. The permittee shall request a modification to the terms and conditions of an issued permit prior to increasing the contribution of flow, pollutants, or changing the nature of pollutants where such contribution or change will cause the permittee to be in violation of their permit or this Ordinance. The request shall be in writing stating the requested change, and the reasons for the change. The District shall review the request, make a determination on the request, and respond in writing. The Districts' approval may be granted or denied. C. Permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 307.5 TTU Discharge Permit Duration and Renewal TTU permits shall be issued for a period not to exceed one (1) year. 308. LOCAL GOVERNMENT AGENCY EXEMPTION FROM CHARGES A. No sewer use charges, as specified in sections 302.6, 303.6, and 304.6 herein, shall be payable for the discharge of wastewater from property within the District territorial boundaries owned or leased by local public agencies, provided, that such property is not used for proprietary purposes. If the District determines the local public agency is placing a significant demand on the District's sewerage system, it may rescind the exemption provided for herein 42 and assess a charge in an amount related to the cost to the District of providing the service. B. Local agencies, for purposes of this Section, shall include cities, the county, special districts and school districts, but shall not include the United States Government or the State of California or any agencies thereof. - C. This exemption applies only in those Districts which do not have a Sanitary Sewer Service Charge established in accordance with Section 703. 309. EXCESS CAPACITY CHARGE New developments or existing developments that expand operations that require substantial sewerage facilities capacity may be subject to an excess capacity facilities charge in an amount and method to be determined by the Board of Directors on a case-by-case basis. 310. OUT OF DISTRICT PERMITS/DISCHARGERS A. Industrial Wastewater Discharge Permits for dischargers located outside of the District's service area but tributary to the District's sewerage facilities, may be issued by a local sewering agency after approval by the District. The District shall have the right of inspection and sampling of the user's discharge to determine compliance with industrial waste discharge regulations. Such inspection and sampling will be performed under a coordinated plan developed with the local agency. The more stringent of the industrial waste discharge regulations and effluent limits of the District and the local agency shall apply to the 'discharger. B. Pursuant to Article 6 herein, the District shall have the right to enforce the Federal Pretreatment Regulations, the provisions of this Ordinance, and permit conditions and limits applicable to any person located outside of the District's service area, but whose discharge is tributary to the District's sewerage facilities. C. The fees for use shall be determined by the District and set forth in a use agreement with the local sewering agency. 43 ARTICLE 4 FACILITIES REQUIREMENTS 401. DRAWING SUBMITTAL REQUIREMENTS Upon request by the District: A. Applicants or users may be required to submit three copies of detailed facility plans. The submittal shall be in a form and content acceptable to the District for review of existing or proposed pretreatment facilities, spill containment facilities, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or procedures in the future, as necessary to produce an acceptable discharge, and to meet the requirements of this Ordinance or any requirements of other Regulatory Agencies. B. The drawing shall depict as a minimum the manufacturing process (waste generating sources) , spill containment, monitoring or metering facilities, and pretreatment facilities. C. The applicant or user shall submit a schematic drawing of the pretreatment facilities, piping and instrumentation diagram, and wastewater characterization report. D. Users and applicants may also be required to submit for review site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, and appurtenances by size, location, and elevation for evaluation. E. The District may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. 402. PRETREATMENT FACILITIES A. All users shall provide wastewater acceptable to the District, under the limits established herein before discharging to any public sewer. Any facilities required to pretreat or transport wastewater shall be provided and maintained by a qualified operator and in proper operating condition at the user's expense. B. All users may also be required by the District to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation of the pretreatment facilities and compliance with permit limits and this Ordinance. C. No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's permit. 403. -SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS A. All users shall provide spill containment for protection against discharge of prohibited materials or other wastes regulated by this Ordinance. Such protection shall be designed to secure the discharges and to prevent them from entering into the system in accordance with reasonable engineering standards. Such facilities shall be provided and maintained at the user's expense. 44 B. The General Manager may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the District shall evaluate whether each significant industrial user needs such a plan. Any user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following: 1. Description of discharge practices, including non-routine batch discharges.. 2. Description of stored chemicals. 3. Procedures for immediately notifying the POTW of any accidental of slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Article 2 of this Ordinance. 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage 'areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment Structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response. 404. MONITORING/METERING FACILITIES A. The District may require the user to construct and maintain in proper operating condition at the user's sole expense, flow monitoring, constituent monitoring and/or Sampling facilities. B. The monitoring or metering facilities may be required to include a security closure that can be locked with a District provided hasp lock during sampling or upon termination of Service. C. The location of the monitoring or metering facilities shall be subject to approval by the District. D. The user shall provide immediate, clear, safe and uninterrupted access to the District to the user's monitoring and metering facilities. 405. WASTE MINIMISATION REODIREMENTS The user shall provide waste minimization plane to conserve water, investigate product Substitution, provide inventory control, implement employee education, and other steps as necessary to minimize waste produced. 45 ARTICLE 5 MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS 501. MONITORING AND REPORTING CONDITIONS A. Monitoring for Annual Charge for Use The wastewater constituents and characteristics of a discharger needed for determining the annual charge for use shall be submitted in the form of self-monitoring reports by the user to the District, if requested. The frequency of analyses and reporting shall be set forth in the user's permit. The analyses of these constituents and characteristics shall be by a laboratory acceptable to the District, and at the sole expense of the permittee. Analyses performed by District's. personnel may used in the determination of the annual charge for use. B. Monitoring for Compliance with Permit Conditions or Reporting Requirements The District may require reports for self-monitoring Of wastewater constituents and characteristics of the discharger needed for determining compliance with any limit or requirements as specified in the user's permit, Federal or State Regulations, or this Ordinance. These reports include: (1) Baseline Monitoring Reports. (2) Compliance Schedule Progress Reports. (3) 90-Day Compliance Reports. (4) Periodic Reports on continued compliance. (5) Notification of the Discharge of Hazardous waste. (6) Other reports as required by the District. Monitoring reports of the analyses of wastewater constituents and characteristics shall be in a manner and form approved by the District and shall be submitted upon request of the District. When applicable, the self-monitoring requirement and frequency of reporting may be set forth in the user's permit as directed by the District. The analyses of wastewater constituents and characteristics and the preparation of the monitoring report shall be done at the sole expense of the user. Failure by the user to perform any required monitoring, or to submit monitoring reports required by the District constitutes a violation of this Ordinance, may result in determining whether the permittee is in significant non-compliance, and be cause for the District to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for compliance with any limits and requirements specified in the user's permit or in this Ordinance. The user Shall be responsible for any and all expenses of the District in undertaking such monitoring analyses and preparation of reports. 46 501.1 Inspection and sampling Conditions A. The District may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this Ordinance is being met and the user is complying with all requirements. B. The District shall have the right to place on the user's property or other locations as determined by the District, such devices as are necessary to conduct sampling or metering operations. where a user has security measures in force, the user shall make necessary arrangements so that personnel from the District shall be permitted to enter without delay for the purpose of performing their specific responsibilities. C. In order for the District to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge and for compliance with permit requirements, the user shall make available for inspection and copying by the District all notices, self-monitoring reports, waste manifests, and records including, but not limited to, those related to production, wastewater generation, wastewater disposal, and those required in the Federal Pretreatment Requirements without restriction but subject to the confidentiality provision set forth in Section 103 herein. All such records shall be kept by the user a minimum of three (3) years. 501.2 Right of Entry Persons or occupants of premises where wastewater is created or discharged shall allow the District, or its representatives, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to authorized District's personnel attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the District's sewerage system. 501.3 Notification of Spill or Slug Loading A. In the event the discharger is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error, or the discharger has reasonable opportunity to know that his discharge will exceed the discharge provisions of the user's permit, Section 209 or Table I, Local Discharge Limits, the discharger shall immediately notify the District by telephone. If the material discharged to the sewer has the potential to cause or result in a fire or explosion hazard, the discharger shall immediately notify the local fire department and the District. B. Confirmation of this notification shall be made in writing no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. C. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the District or any other damage or loss to person or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this Ordinance or other applicable law. 47 501.4 Notification of Bvoass A. Bypass of industrial wastewater to the sewerage system is prohibited. The District may take enforcement action against the user, unless: 1. Bypass was unavoidable because it was done to prevent loss of life, personal injury, or severe property damage; 2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, elective slow-down or shut-down of production units or maintenance during periods of production downtime. This condition is not satisfied if adequate backup equipment could have been feasibly installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance;. and 3. The permittee submitted notices as required under Article 501.4(B) . B. If a permittee knows in advance of the need for a bypass, it shall submit a written request to allow the bypass to the District, if possible, at least ten (10) days before the date of the bypass. C. The District may approve an anticipated bypass at its sole discretion after considering its adverse effects, and the District determines that the conditions listed in 501.4(A) (1-3) are met. D. A permittee shall provide telephone notification to the District of an unanticipated bypass that exceeds its permitted discharge limits within four hours from the time the permittee becomes aware of the bypass. A written report shall also be provided within five (5) days of the time the permittee becomes aware or could reasonably have been aware of the bypass. The report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. Failure to submit oral notice or written report may be grounds for permit revocation. 48 ARTICLE 6 ENFORCEMENT 600. PURPOSE AND SCOPE - A. The Board finds that in order for the District to comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies and to ensure that the District's sewerage facilities and treatment processes are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the District's system by industrial discharge permittees. B. To ensure that all interested parties are afforded due process of law and that non-compliance and violations are resolved a$ soon as possible, the general policy of the District is that: 1. Any determination relating to a Probation order, Enforcement Compliance Schedule Agreement (ECSA) . or Regulatory Compliance Schedule Agreement (RCSA) will be made by the Division Head of the Source Control Division, with a right of appeal by the permittee to the General Manager pursuant to the procedures set forth in Section 617. 2. A user, permittee, or applicant for a permit may request the Executive Committee to hear an appeal of the General Manager's decision pursuant to Section 618. Such request may be granted or denied by the Executive Committee. 3. Any permit suspension or revocation recommended by the Source Control Division Head will be heard and a recommendation made to the General Manager by a District Department Head or other person designated by the General Manager with a right of appeal of the General Manager's order by the permittee to the Executive Committee pursuant to the provisions of Section 618. 4. Actions and decisions by the Division Head or Department Head are made pursuant to a delegation of authority by the General Manager as authorized by Section 107 of this Ordinance. C. The District, at its discretion, may utilize any one, combination, or all enforcement remedies provided in Article 6 in response to any permit or Ordinance violation. 49 601. DETERMINATION OF NON-COMPLIANCE RITE DISCHARGE LIMITS A. Sampling Procedures 1. Sampling of all permittees shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the District. 2. Non-compliance with mass emission rate limits, concentration limits, permit discharge conditioner or any discharge provision of this Ordinance may be determined by an analysis of a grab or composite sample of the effluent of a user. Non- compliance with mass emission rate limits shall be determined by an analysis of a composite sample of the user's effluent, except that a grab Sample may be used to determine compliance with mass emission rate limits when the discharge is from a closed (batch) treatment system in which there is no wastewater flow into the system when the discharge is occurring, the volume of wastewater contained in the batch system is known, the time interval of discharge is known, and the grab Sample is homogeneous and representative of the discharge. 3. Any sample taken from a sample point is considered to be representative of the discharge to the public Sewer. 602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES A. Self-Monitorino Requirements as a Result of Non-Compliance 1. If analysis of any sample obtained by the District or by a parmittee shows non-compliance with the applicable wastewater discharge limits set forth in the Ordinance or in the permittee's discharge permit, the District may impose self- monitoring requirements on the permittee. 2. A permittee shall perform required Self-monitoring of constituents in a frequency, at the specific location, and in a manner directed by the District. 3. All analyses of self-monitoring samples shall be performed by an independent laboratory acceptable to the District and submitted to the District in a form and frequency determined by the District. 4. All self-monitoring costs shall be borne by the permitter. S. Nothing in this section shall be deemed to limit the authority of the District to impose self-monitoring as a permit condition. B. Purpose of Non-Compliance Sampling Fees The purpose of the non-compliance sampling fee is to compensate the District for costa of additional sampling, monitoring, laboratory .analysis, treatment, disposal, and administrative processing incurred as a result of the non- compliance, and .ahall be in addition to and not in lieu of any penalties as may be assessed pursuant to Sections 615 and 616. 50 C. Non-Compliance Samolina Fees for Composite Samples 1. Each violation of a permittee's permit limit or condition is a violation of this Ordinance. 2. a) If analysis of any composite ample of a permittee's discharge obtained by the District shows a major violation by the permittee of the mass emission rates or concentration limits specified in the permittee's discharge permit or in this Ordinance, then the permittee shall pay non-compliance sampling fees to the District pursuant to fee schedules adopted by the District's Board of Directors. b) I£ analysis of any composite sample of a permittee's discharge obtained by the District shows a minor violation by the permittee of the mass emission rates or concentration limits specified in the permittee's discharge permit or in this Ordinance, then the District may impose non-compliance sampling fees pursuant to fee schedules adopted by the District's Board of Directors. 3. The fees specified in subsection 602.C.2.(a), C.2. (b) and D herein shall be imposed for each date on which the District conducts sampling as a result of a violation by a permittee. D. Non-Compliance Semolina Fees for Grab Samples and Self-Monitprino Results 1. If analysis of any grab sample analysis of a permittee's discharge shows non-compliance with any concentration limits as set forth in the user's permit or in this Ordinance, the District may impose non-compliance sampling fees, pursuant to fee schedules adopted by the District's Board of Directors, for sampling conducted by the District as a result of a violation by the permittee. 2. If any self-monitoring analysis of a permittee's discharge shows non-compliance with any concentration limits or mass emission rates as set forth in the user's permit or in this Ordinance, the District may impose non-compliance sampling fees, pursuant to fee schedules adopted by the District's Board of Directors, for sampling conducted by the District as a result of a violation by the permittee. 602.1 Probation Order A. Grounds In the event the Division Mead determines that a permittee has violated any provision of this Ordinance, or the terms, conditions and limits of its discharge permit, or has not made payment of all amounts owed to the District for user charges, non-compliance fees or any other fees, the General Manager may issue a probation Order, whereby the permittee must comply with all directives, conditions and requirements therein within the time prescribed. 51 B. Provisions The issuance of a Probation Order may contain terms and conditions including, but not limited to, installation of pretreatment equipment and facilities, requirements for self-monitoring, submittal of drawings or technical reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, or other provisions to ensure compliance with this Ordinance. C. Probation Order - Expiration A Probation Order issued by the General Manager shall be in effect for a period not to exceed ninety (90) days. 602.2 Enforcement Compliance Schedule Agreement (ECSA) A. Grounds Upon determination that a permittee is in non-compliance with the terms, conditions or limits specified in its permit or any provision of this Ordinance, and needs to construct and/or acquire and install equipment related to pretreatment, the General Manager may require the permittee to enter into an ECSA which will, upon the effective date of the ECSA, amend the permittee's permit. The ECSA shall contain terms and conditions by which a permittee must operate during its term and shall provide specific dates for achieving compliance with .each term and condition for construction and/or acquisition and installation of required equipment related to pretreatment. B. Provisions The issuance of an ECSA may contain terms and conditions including but not limited to requirements for self-monitoring, installation of pretreatment equipment and facilities, submittal of drawings or reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, deposit of performance guarantee, or other provisions to ensure compliance with this Ordinance. C. ECSA - Payment of Amounts Owed The District shall not enter into an ECSA until such time as all amounts owed to the District, including user fees, non-compliance sampling fees, deposits, or other amounts due are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the General Manager. Failure to pay all amounts owed to the District shall be grounds for permit suspension or permit revocation as set forth in Section 604 and 605. D. ECSA - Permit Suspension/Revocation If compliance is not achieved in accordance with the terms and conditions of an ECSA during its term, the General Manager may issue an order suspending or revoking the discharge permit pursuant to Section 604 or 605 of this ordinance. 52 603. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA) A. Grounds If at any time subsequent to the issuance of a wastewater Discharge Permit to an industrial user, Federal Categorical Pretreatment Standards are adopted or revised by the United States Environmental Protection Agency, or in the event the District enacts revised discharge limits, the General Manager, upon determination that an industrial user would not be in compliance with the adopted or revised limits, may require the industrial user to enter into a RCSA with the District under terms and conditions that would provide for achieving compliance with all new standards by the industrial user on a specific date. The RCSA shall have a maximum term of two hundred-seventy )270) days. B. Provisions The issuance of a RCSA may contain terms and conditions including but not limited to requirements for installation of pretreatment equipment and facilities, submittal of drawings or reports, waste minimization practices or other provisions to ensure compliance with this Ordinance. C. RCSA - Non-Compliance Sampling Fee During the period said RCSA is in effect, any discharge by permittee in violation of the RCSA will require payment of non-compliance sampling fees in accordance with Article 6. 604. PERMIT SUSPENSION A. Grounds The General Manager may suspend any permit when it is determined that a permittee: 1. Fails to comply with the terms and conditions of either an ECSA or RCSA. 2. Knowingly provides a false statement, representation, record, report, or other document to the District. 3. Refuses to provide records, reports, plans, or other documents required by the District to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. 4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. 5. Fails to report significant changes in operations or wastewater constituents and characteristics. 6. Violates a Probation Order. 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring. 8. Does not make timely payment of all amounts owed to the District for user charges, non-compliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 53 9. Violates any condition or limit of its discharge permit or any provision of the District's Ordinance. B. Notice'Hea_:-o ,hen the Genera- a.ager has reason to believe that grounds exist for -ermit susp_nsion, t_ shall give written notice thereof by certified mail �o the peroicrae sa-ting forth a statement of the facts and grounds deemed co e>:_st, tcoe-he- ith the time and place where the charges shall be tcard by tta Genera- Manager's designee. The hearing date shall be not less ne-nan _ en �15) calendar days nor more than forty-five (45) oe_eaar da s�-fte- c-.e mailing of such notice. _. .._ tP< suspension hearing, the permittee shall have an cp_cr_—.cy to respond to the allegations set forth in the nctiee cy presenting written or oral evidence. The hearing be conducted in accordance with procedures established ty the General Manager and approved by the District's General ccansel. 2. 'ter the cocclvsion of the hearing, the General Manager's des anew sha_1 submit a written report to the General Manager settrg firth a brief statement of facts found to be true, a deterx.cacion of the issues presented, conclusions, and a reconaendation. Upcn -e:s_pt of the written report, the General Manager shall make t_s determination and should he find that grounds exist for sc snecsion of the permit, he shall issue his decision and briar is writing within thirty (30) calendar days after the cons' sicr. of the hearing by his designee. The written dec_s icc and order of the General Manager shall be sent by cert_f_.t mail to the permittee or its legal course Jrepresentative at the permittee's business address. C. Effect 1. Upon an order of suspension by the General Manager becoming final, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any industrial waste% far, directly or indirectly to the District's system fcr nhe duration of the suspension. All costs for physically terninating and reinstating service shall be paid by the 2. serer or responsible management employee of the permittee 2-v sta_1 be bound by the order of suspension. _ . -n crder of permit suspension issued by the General Manager e ca final in all respects on the sixteenth (16th) day is mailed to the permittee unless a request for hea=i^.c is filed with the Executive Committee pursuant to Section: c18 no later than 5:00 p.m. on the fifteenth (15th) day fo'_'_cwing such mailing. 54 605. PERMIT REVOCATION A. Grounds The General Manager may revoke any permit when it is determined that a permittee: 1. Knowingly provides a false statement, representation, record, report, or other document to the District. 2. Refuses to provide records, reports, plans, or other documents required by the District to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. 3. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. 4. Fails to report significant changes in operations or wastewater constituents and characteristics. 5. Fails to comply with the terms and conditions of an ECSA, permit suspension, or probation order. 6. Discharges effluent to the District's sewerage system while its permit is suspended. 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring. 8. Does not make timely payment of all amounts owed to the District for user charges, non-compliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Causes interference with the Districts' collection, treatment, or disposal system. 10. Fails to submit oral notice or written report of bypass occurrence. 11. Violates any condition or limit of its discharge permit or any provision of the District's Ordinance. B. Notice/Hearino When the General Manager has reason to believe that grounds exist for the revocation of a permit, he shall give written notice by certified mail thereof to the permittee setting forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty-five (45) calendar days after the mailing of such notice. 1. At the hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the District's General Counsel. 55 2. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for permanent revocation of the permit, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the permittee or its legal counsel/representative at the permittee's business address. In the event the General Manager determines to not revoke the permit, he may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he deems appropriate. C. Effect 1. Upon an order of revocation by the General Manager becoming final, the permittee shall permanently lose all rights to discharge any industrial wastewater directly or indirectly to the District's system. All costs for physical termination shall be paid by the permittes. 2. Any owner or responsible management employee of the permittee shall be bound by the order of revocation. 3. Any future application for a permit at any location within the District by any person subject to an order of revocation will be considered by the District after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit. 4. An order of permit revocation issued by the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the permittee unless a request for hearing is filed with the Executive Committee pursuant to Section 618 no later than 5:00 p.m. on the fifteenth (15th) day following such mailing. 606. WASTERADLER NON-COMPLIANCE WITH PERMIT CONDITIONS A wastehauler's non-compliance with permit requirements shall be determined by an analysis of a sample of the discharge for any constituent or conditions specified in the wastehauler's discharge permit or this Ordinance. If the discharge of a wastehauler is found by the analysis to be in excess of the concentration limits specified in the wastehauler's discharge permit or in this Ordinance, the wastehauler shall, after receiving a demand from the District, identify in writing, all sources of the discharge. Even if it is established to the satisfaction of the General Manager that the origin of the discharge is septic waste or sanitary waste, the District may still elect not to accept waste from that particular source. 56 If the discharge is from an industrial source(s) and exceeds permit concentration limits or limits specified in this Ordinance, the following shall apply: A. First Violation 1. The permittee shall pay a non-compliance sampling fee. 2. The wastehauler permit for disposal privileges shall be suspended for five (5) days. B. Second Violation 1. The permittee shall pay a non-compliance sampling fee. 2. The wastehauler permit for disposal 'privileges shall be suspended for ten (10) days. 3. The wastehauler permit may be revoked in accordance with Section 606. 607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS A. Any person who discharges any waste which causes or contributes to any obstruction, interference, damage, or any other impairment to the District's sewerage facilities or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the Districts to resume normal operations. Such discharge shall be grounds for permit revocation. A service charge of twenty-five percent (25%) of District's costs shall be added to the costs and charges to reimburse the District for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within forty-five (45) days of invoicing by the District. B. Any person who discharges a waste which causes or contributes to the District violating its discharge requirements established by any Regulatory Agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the District, including regulatory fines, penalties, and assessments made by other agencies or a court. 608. INDUSTRIAL WASTE PASS THROUGH Any person whose discharge results in a pass through event affecting the District or its sewerage facilities shall be liable for all costs associated with the event, including treatment costs, regulatory fines, penalties, assessments, and other indirect costs. The discharger shall submit to the District plans to prevent future recurrences to the satisfaction of the District. 609. PUBLICATION OF VIOLATION Upon a determination in a permit suspension, permit revocation, or civil penalty proceedings that a user has discharged in violation of its permit or any provision under this Ordinance, the District may require that the user notify the public and/or other users of the Districts' sewerage facilities of such violation, of actions taken to correct such violation, 57 and of any administrative or judicial orders or penalties imposed as a result of such violation. 610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE In accordance with Federal Regulations, the District shall annually cause to be published the names of all industrial users in significant non- compliance. Upon a minimum of a thirty (30)-day notification to the user, said publication shall be made in the newspaper of the largest daily circulation published in the District's service area. 611. PUBLIC NUISANCE Discharge of wastewater in any manner in violation of this Ordinance or of any order issued by the General Manager, as authorised by this Ordinance, is hereby declared a public nuisance and shall be corrected or abated as directed by the General Manager. Any person creating a public nuisance is guilty of a misdemeanor. 612. TERMINATION OF SERVICE A. The District, by order of the General Manager, may physically terminate sewerage service to any property as follows: 1. On a term of any order of emergency suspension or revocation of a permit; or 2. upon the failure of a person not holding a valid discharge permit to immediately cease discharge, whether direct or indirect, to the District's sewerage facilities. B. All costs for physical termination shall be paid by the user as well as all costs for reinstating service. 613. EMERGENCY SUSPENSION ORDER A. The District may, by order of the General Manager, suspend sewerage service or wastehauler discharge service when the General Manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or. substantial endangerment to the health and welfare of persons, or to the environment, or may cause interference to the District's sewerage facilities, or may cause the District to violate any State or Federal Law or Regulation. Any discharger notified of and subject to an Emergency Suspension Order shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. e. As soon as reasonably practicable following the issuance of an Emergency Suspension Order, but in no event more than five (5) days following the issuance of such order, the General Manager shall hold a hearing to provide the user the opportunity to present information in opposition to the issuance of the Emergency suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the District's General Counsel. The General Manager shall issue a written decision 58 and order within two (2) business days following the hearing, which decision shall be sent by certified mail to the user or its legal counsel/representative at that user's business address. The decision of the General Manager following the hearing shall be final and not appealable. 614. INJUNCTION Whenever a discharger of wastewater is in violation of or has the reasonable potential to violate any provision of this Ordinance, permit condition, or any Federal Pretreatment Standard or requirement as set forth in 40 CFR Section 403.8 at seq., fails to submit required reports, or refuses to allow the District entry to inspect or monitor the user's discharge, the District may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate to restrain the continued violation or to prevent threatened violations by the discharger. 615. CIVIL PENALTIES A. Authority All users of the District's system and facilities are subject to enforcement actions administratively or judicially by the District, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Orange District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 at seq. ); (2) California Porter- Cologne Water Quality Act (California Water Code Section 13000 at ssq. ); (3) California Hazardous Waste Control Law (California Health 6 Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A Section 6901 at seg.); and (5) California Goverment Code, Sections 54739-54740. B. Recovery of Fines or Penalties In the event the District is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by District, as caused by the discharge of any user of the District's system which is in violation of any provision of the District's Ordinance or the user's . permit, District shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected. C. Ordinance Pursuant to the authority of California Government Code Sections 54739 - 54740, any person who violates any provision of this Ordinance; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 at seq., any person who violates any provision of this Ordinance, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The General Counsel of the District, upon order of the General Manager, shall petition the Superior Court to impose, 59 assess, and recover such penalties, or such other penalties as the District may impose, assess, and recover pursuant to Federal and/or State legislative authorization. D. Administrative Civil Penalties 1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the District may issue an administrative complaint to any person who violates: a) any provision of this ordinance; b) any permit condition, prohibition, or effluent limit; or c) any suspension or revocation order. 2. The administrative complaint shall be served by personal delivery or certified mail on the person and shall inform the person that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the District's requirements, the provisions of law authorizing civil liability to be . imposed, and the proposed civil penalty. The matter shall be heard by the General Manager or his designee. The person to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing will not be conducted. 3. At the hearing, the person shall have an opportunity to respond to the allegations Bet forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the Districts' General Counsel. - 4. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of the facts found to be true, a determination of the issues presented, conclusions, and a recommendation. 5. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist .for assessment of a civil penalty against the person, he shall issue his decision and order in writing within thirty (30) . calendar days after the conclusion of the hearing by his designee. 6. If, after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the General Manager or Executive Committee may assess a civil penalty against that person. In determining the amount of the civil penalty, the General Manager or Executive Committee may take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the person involved. 7. Civil penalties may be assessed as follows: 60 a) In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports; b) In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the District; c) In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the District; d) In any amount which does not exceed tan dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the District; S. An order assessing administrative civil penalties issued by the General Manager shall be final in all respects on the thirty-first (31st) day after its is served on the person unless an appeal and request for hearing is filed with the Executive Committee pursuant to Section 618 no later than the thirtieth (30th) day following such mailing. An order assessing administrative civil penalties issued by the Executive Committee shall be final upon issuance. 9. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail to the person at his business or residence address, and upon other persona who appeared at the hearing and requested a copy of the order. 10. Any person aggrieved by a final order issued by the Executive Committee, after granting review of the order of the General Manager, may obtain review of the order of the Executive Committee in the superior court, pursuant to Government Code Section 54740.6, by filing in the court a petition for writ of mandate within thirty (30) days following the Service of a copy of the decision or order issued by the Executive Committee. 11. Payment of any order setting administrative civil penalties shall be made within thirty (30) days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge resulting In the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The District may record the lien for any unpaid administrative civil penalties on the ninety-first (91st) day following the date the order boo can a final. 12. No administrative civil penalties shall be recoverable under Section 615.D for any violation for which the District has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. 61 616 . CRIMINAL PENALTIES An} rer=_cn w-.c violates any provision of this Ordinance is guilty of a csdereancr, which uton conviction is punishable by a fine not to exceed or imprisonment for not more than thirty (30) days, or both.-ac:: at ion and ea-.. day in which a violation occurs may constitute a now anc =_etara-e violation of this Ordinance and shall be subject to the nenalt_es ccnta_cec he-ein. 617. APPEALS TO GENERAL MANAGER A. Gene--_ Any user, r_ rdt app Lcan_ or permittee affected by any decision, action t ete-.r. ::at ion raze by the Division Head may file with the General *[snacz_ - written reoaest for an appeal hearing. The request must be recsi�s3�^ one tic-riot within fifteen (15) days of mailing of notice of the zeoisio act:cn, or determination of the District to the appellant. :he reacea- `or he=_rrng shall set forth in detail all facts supporting the appei-arr 's recaest. H. ;Or The Genera- +tanager shall, within fifteen (15) days of receiving the request for apo-al, and pursuant to Section 107, designate a Department Head or other rerson to hear the appeal and provide written notice to the apse-_an- -- t6e nearing date, time and place. The hearing date shall not to xore c -n _1' ! 0) days from the mailing of such notice by certified ^rr a:l or apse' -an- unless a later date is agreed to by the appellant. I` =e tear_rg -a no- held within said time due to actions or inactions of -..e appel-_ant, then the staff decision shall be deemed final. - o -ring, the appellant shall have the opportunity to present `oroatdcr. supperting its position concerning the Division Head's dsccs:cn, --- ^ or determination. The hearing shall be conducted in accordance -r-ccedares established by the General Manager and approved by the District's Geae-al counsel. D. Writ-en ]e-e-r, ration After -se con.IDasion of the hearing, the Department Head (or other dee:gnae') stal- sat:r.-t a written report to the General Manager setting forth a tr-ef sta-e,ent of facts found to be true, a determination of the -sscas presented, = Iusions, and a recommendation whether to uphold, xxi_p or recarse -he Division Head's original decision, action or -ete-sasat_on. ❑por receipt of the written report, the General Manager - .al: nake his deterrriration and shall issue his decision and order within -Hirt: ca-endar days of the hearing by his designee. The written _ec isio, z order of the General Manager shall be sent by certified mail to the ar eilant or its legal counsel/representative at the appellant's mcsiness add-ess. She order of the General Manager shall be final in all respects on the sixteen: i i6th) day after it is mailed to the appellant unless a request for hearima is filed with the Executive Committee pursuant to Section 618, no late- t'nan 5:00 p.m. on the fifteenth day following such mailing. 62 618. APPEALS TO THE EXECUTIVE COMMITTEE A. General Any user, permit applicant, or permittee adversely affected by a decision, action, or determination made by the General Manager may, prior to the date that the General Manager's order becomes final, file a written request for hearing before the Executive Committee of the Joint Boards of Directors accompanied by an appeal fee in the amount established by a separate resolution of the District's Board of Directors. The request for hearing shall set forth in detail all the issues in dispute for which the appellant seeks determination and all facts supporting appellant's request. No later than sixty (60) days after receipt of the request for hearing, the Executive Committee shall either set the matter for a hearing, or deny the request for a hearing. A hearing shall be held by the Executive Committee within sixty-five (65) days from the date of determination granting a hearing, unless a later date is agreed to by the appellant and the Executive Committee. If the matter is not heard within the required time, due to actions or inactions of the appellant, the General Manager's order shall be deemed final. B. Granting Request for Hearing The Executive Committee shall grant all requests for a hearing on appeals concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the General Manager shall be within the sole discretion of the Executive Committee. C. Anneal Fee Refund The appeal fee shall be refunded if the Executive Committee denies a hearing or reverses or modifies, in favor of the appellant, the order of the General Manager. The fee shall not be refunded if the Executive Committee denies the appeal. D. Written Determination After the hearing, the Executive Committee shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the General Manager. The decision of the Executive Committee shall be set forth in writing within sixty-five (65) days after the close of the hearing and shall contain a finding of the facts found to be true, the determination of issues presented, and the conclusions. The written decision and order of the Executive Committee shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The order of the Executive Committee shall be final upon its adoption. In the event the Executive Committee fails to reverse or modify the General Manager's order, it shall be deemed affirmed. 618.1 Anneal of Charges and Fees Any user, permit applicant, or permittee affected by any decision, action, or determination by the District, relating to fiscal issues of the District in which the user, applicant, or permittee is located, including but not limited to the imposition and collection of fees, such as 63 connection charges, sewer use charges, special purpose discharge use charges and wastehauler fees, may request that the District reconsider imposition of such fees or charges. Following review of such a request, the District shall notify the user, permit applicant, or permittee by certified mail of the Districts' decision on the reconsideration request. Any user, permit applicant, or permittee adversely affected by the District's decision on the reconsideration request may file an appeal which shall be heard by the Board of Directors of the District in which the appellant's property is located. The notice of appeal must be received by the District within thirty (30) days of the mailing of the District's decision on the reconsideration request. Notwithstanding the foregoing, appeals of non-compliance sampling fees shall be made pursuant to the appeal procedures set forth in Sections 617 and 618. 619. PAYMENT OF CHARGES A. Except as otherwise provided, all fees, charges and penalties established by this Ordinance are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five (45) days after date of invoice. B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following: 1. Forty-six (46) days after date of invoice, a basic penalty of ten percent (10%) of the base invoice amount, not to exceed a maximum of $1,000.00; and 2. A penalty of one and one-half percent (1.58) per month of the base invoice amount and basic penalty shall accrue from and after the forty-sixth (46th) day after date of invoice. C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit. D. Penalties charged under this Section shall not accrue to those invoices successfully appealed, provided the District receives written notification of said appeal prior to the payment due date. E. Payment of disputed charges is still required by the due date during District review of any appeal submitted by permittees. 619.1 Collection of Delinquent Accounts Collection of delinquent accounts shall be in accordance with the District's policy resolution establishing procedures for collection of delinquent obligations owed to the District, as amended from time to time by the Board of Directors. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this Ordinance. 620. RECOVERY OF COSTS INCURRED BY DISTRICT In the event permittee fails to comply with any of the terms and conditions of the District's Ordinance, a probationary order, a permit suspension or revocation, an ECSA, RCSA, or a permit issued hereunder, the District shall be entitled to reasonable attorney's fees and costs which may be incurred in order 64 to enforce any of said terms and conditions, with or without filing proceedings in court. 621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT A. Compliance Deposit Permittees that have been subject to enforcement and/or collection proceedings may be required to deposit with the District an amount determined by the General Manager as necessary to guarantee payment to District of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the sewer. B. Delinquent Accounts The District may require an amendment to the permit of any permittee who fails to make payment in full of all fees and charges assessed by the District, including reconciliation amounts, delinquency penalties, and other costs or fees incurred by Permittee. C. Bankruptcy Every Permittee filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking court-ordered, protection from its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its permit. D. Permit Amendments The District shall review and examine Permittee's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this Ordinance. The District may thereafter issue an amendment to the User's permit in accordance with the provisions of Article 3 and Section 621(E) of this Ordinance. E. Security An amendment to a waste discharge permit issued pursuant to Sections 621(B), (C), and (D), may be conditioned upon the Permittee depositing financial security in an amount equal to the average total fees and charges for two (2) calendar quarters during the preceding year. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by District and shall not be used by the District to recover outstanding fees and charges incurred prior to the Permittee filing and receiving protection from creditors in the United States Bankruptcy Court. F. Return of Security In the event the Permittee makes payment in full within the time prescribed by this Ordinance of all fees and charges incurred over a period of two (2) years following the issuance of an amendment to the permit pursuant to Sections 621(B), (C) , and (D) , the District shall either return the security deposit posted by the Permittee or credit their account. 65 622. JUDICIAL REVIEW A. Purpose and Effect Pursuant to Section 1094.6 of the California Code of Civil Procedure, the District hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. Definitions As used in this Section, the following terms and words shall have the following meanings: 1. Decision shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license. 2. Complete Record shall mean and include the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the General Manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of the District or its offices or agents, all written evidence, and any other papers in the case. 3. Party shall mean a person whose permit has been denied, suspended, or revoked. C. Time Limit for Judicial Review Judicial review of any decision of the District or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth (90th) day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purposes of this Section on the date that reconsideration is rejected. D. Preparation Of the Record The complete record of the proceedings shall be prepared by the District officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he has filed written request therefor. The District may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. E. Extension If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate. 66 P. Notice In making a final decision, the District shall provide notice to the party that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure. G. Administrative Civil Penalties Notwithstanding the foregoing in Section 622, and pursuant to Government Code Section 54740.6. judicial review of an order of the Executive Committee imposing administrative civil penalties pursuant to Section 615.D may be made only if the petition for writ of mandate is filed not later than the thirtieth )30th) day following the day on which the order of the Executive Committee becomes final. 67 ARTICLE 7 CONNECTION PERMITS/CAPITAL FACILITIES CONNECTION CHARGES 701. INTRODUCTION - ALL DISTRICTS A. Connection permits may be required of dwelling units, buildings and developments connecting directly or indirectly to District's sewerage facilities. Included are the connections of laterals to local municipal sewerage facilities and the connection of local municipal sewerage facilities and laterals to District's facilities. B. No permit shall be valid unless the real property to be served by use of the permit is included within the boundaries of the District and within the boundaries of a local sewering agency authorized to maintain public severing 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. Except as may be provided by an individual District, there will be no capital facilities connection charges assessed to local government agencies for connecting directly or indirectly to District's sewerage facilities; however, a connection permit must be obtained. D. Payment of capital facilities connection charges for connection to District's sewerage facilities shall be required at the time of Issuance of the building permit for all construction within the District, excepting in the case of a building legally exempt from the requirement of obtaining a building permit. The payment of the sewer capital facilities connection charge for such buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any construction within the territorial limits of the District. E. A schedule of charges specified herein will be on file in the office of the Secretary of the District and in the Building Department of each City within the District. 68 702. DISTRICT NO. 1 CAPITAL FACILITIES CONNECTION CHARGES A. District Connection Permit Rewired No application for a permit for a connection to a District sewerage facility or to any sewerage facility which discharges into a District sewerage facility shall be considered until a District capital facilities connection charge is paid by the applicant. No connection permit shall be issued unless there is an established use of the property to be served or a valid building permit issued which establishes the use of said property. B. District Connection Charge Amounts (1) Capital facilities connection charge for new construction, dwelling .buildings: For each new dwelling unit constructed, the capital facilities connection charge shall be $1,500 per dwelling unit. (2) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling unit, the capital facilities connection charge shall be $1,500 per dwelling unit. (3) Capital facilities connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, including, but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the capital facilities connection charge shall be $300 per 1,000 square feet of floor area contained within such construction, provided that the minimum capital facilities connection charge for such new construction shall be $1,500. (4) Capital facilities connection charge for replacement buildings: For new construction replacing former buildings, the capital facilities connection charge shall be calculated on the same basis as provided in paragraphs (A) and (C) above. If such -replacement construction is commenced within two (2) years after demolition or destruction of the former building, a credit against such charge shall be allowed and shall be the equivalent capital facilities connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the capital facilities connection charges. (SJ ' Capital facilities connection charges for additions or alterations of existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of family dwelling buildings or the area of buildings to be used for other than family dwelling buildings, the capital facilities connection charge shall be $1,500 for each dwelling unit added or created, and, in the case of new construction other than family dwelling buildings, it shall be $300 per 1,000 square 69 feet of additional floor area contained within such now construction, provided such now construction shall contain additional plumbing fixture units. 70 702. DISTRICT NO. 2 CAPITAL FACILITIES CONNECTION CHARGES A. District Connection Permit Required No application for a permit for a connection to a District sewerage facility or to any sewerage facility which discharges into a District sewerage facility shall be considered until a District capital facilities connection charge is paid by the applicant. No connection permit shall be issued unless there is an established use of the property to be served or a valid building permit issued which establishes the use of said property. H. District Connection Charge Amounts (1) Capital facilities connection charge for new construction, dwelling buildings: For each new dwelling unit constructed, the capital facilities connection charge shall be $1,500 per dwelling unit. (2) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling building, the capital facilities connection charge shall be $1,500 per dwelling unit. (3) Capital facilities connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, including, but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the capital facilities connection charge shall be $300 per 1,000 square feet of floor area contained within such construction, provided that the minimum capital facilities connection charge for such new construction shall be $1,500. (4) Capital facilities connection charge for replacement buildings: For new construction replacing former buildings, the capital facilities connection charge shall be calculated on the same basis as provided in paragraphs (A) and (C) above. If such replacement construction is commenced within two (2) years after demolition or destruction of the former building, a credit against such charge shall be allowed and shall be the equivalent capital facilities connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the capital facilities connection charges. (5) Capital facilities connection charges for additions or alterations of existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of dwelling buildings or the area of buildings to be used for other than dwelling buildings, the capital facilities connection charge shall be $1,500 for each dwelling unit added or created, and, in the case of new construction other than family dwelling buildings, it shall be $300 per 1,000 square feet of additional floor area contained within such new construction, 71 rob i-n °< P P F C W � d M P % � Gn 3 ry N ry� p £ N, M n tl1 0 . � m � rt N ry C A rt P O O ro 3 d Y N O A w r. 3 w a a r n W O 7 w Y 702. DISTRICT NO. 3 CAPITAL FACILITIES CONNECTION CHARGES A. District Connection Permit Required No application for a permit for a connection to a District sewerage facility or to any sewerage facility which discharges into a District sewerage facility shall be considered until a District capital facilities connection charge is paid by the applicant. No connection permit shall be issued unless there is an established use of the property to be served or a valid building permit issued which establishes the use of said property. a. District Connection Charge Amounts (1) Capital facilities connection charge for new construction dwelling buildings: For each new dwelling unit constructed, the capital facilities connection charge shall be $1,500 per dwelling unit. (2) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling unit, the capital facilities connection charge shall be $1,500 per dwelling unit. (3) Capital facilities connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, including, but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the capital facilities connection charge shall be $300 per 1,000 square feet of floor area contained within such construction, provided that the minimum capital facilities connection charge for such new construction shall be $1,500. (4) Capital facilities connection charge for replacement buildings: For new construction replacing former buildings, the capital facilities connection charge shall be calculated on the same basis as provided in paragraphs (A) and (C) above. If such replacement construction is commenced within two (2) years after demolition or destruction of the former building, a credit against such charge shall be allowed and shall be the equivalent capital facilities connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the capital facilities connection charges. (5) Capital facilities connection charges for additions or alterations of existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of dwelling buildings or the area of buildings to be used for other than dwelling buildings, the capital facilities connection charge shall be $1,500 for each dwelling unit added or created, and, in the case of new construction other than family dwelling 73 buildings, it shall be $300 per 1,000 square feet of additional floor area contained within such new construction, - provided such new construction shall contain additional plumbing fixture units. 74 702. DISTRICT NO. 5 CAPITAL FACILITIES CONNECTION CHARGES A. District Connection permit Required No application for a permit for a connection to a District sewerage facility or to any sewerage facility which discharges into a District sewerage facility shall be considered until a District capital facilities connection charge is paid by the applicant. No connection permit shall be issued unless there is an established use of the property to be served or a valid building permit issued which establishes the use of said property. B. District Connection Charge Amounts (1) Capital facilities connection charges for new construction, dwelling buildings: For each new dwelling unit constructed, the capital facilities connection charges shall be $1,500 per dwelling unit. (2) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling unit, the capital facilities connection charge shall be $1,500 per dwelling unit. (3) Capital facilities connection charge for new construction and existing structures, other than dwelling units: For all other new construction, including, but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the capital facilities connection charges shall be $300 per 1,000 square feet of floor area contained within such construction, provided that the minimum capital facilities connection charge for such new construction shall be $1,500. (4) Capital facilities connection charges for replacement buildings: For new construction replacing former buildings, the capital facilities connection charge shall be calculated on the same basis as provided in paragraphs (A) and (C) above. If such replacement construction is commenced within two (2) years after demolition or destruction of the former building, a - credit against such charge shall be allowed, calculated on the basis of the current. capital facilities connection charge applicable for the new construction of the building demolished or destroyed. In no case shall such credit exceed the capital facilities connection charge. (5) Capital facilities connection charges for additions or alterations of existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of dwelling buildings or the area of buildings to be used for other than dwelling buildings, the capital facilities connection charge shall be calculated on the same basis as provided in paragraphs (A) and (C) above for each dwelling unit added or created or each 1,000 square feet of additional floor area 75 ccc:a within such new construction, provided that new ccce=rccc_on shall contain additional plumbing fixture units. (b) Pa rent c= capital facilities connection charges shall be reacired at the time of issuance of the building permit for al` - -ntruction within the District, excepting in the case of a Sui_d-ng legally exempt from the requirement of obtaining a buadint hermit in the City of Newport Beach. The payment of the -artcal facilities connection charge for such exempt bua ai^ce will be required at the time of, or prior to, the is=_aance of a plumbing connection permit for any construction w ichin c..e District. 76 702. DISTRICT NO. 6 CAPITAL FACILITIES CONNECTION CHARGES A. District Connection permit Required No , application for a permit for a connection to a District sewerage facility or to any sewerage facility which discharges into a District sewerage facility shall be considered until a District capital facilities connection charge is paid by the applicant. No connection permit shall be Issued unless there is an established use of the property to be served or a valid building permit issued which establishes the use of said property. S. District Connection Charge Amounts (1) Capital facilities connection charge for new construction, dwelling buildings: For each new dwelling unit constructed, the capital facilities connection charge shall be $1,500 per dwelling unit. (2) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling building, the capital facilities connection charge shall be $1,500 per dwelling unit. (3) Capital facilities connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, including, but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the capital facilities connection charge shall be $300 per 1,000 square feet of floor area contained within such construction, provided that the minimum capital facilities connection charge for such new construction shall be $1,500. (4) Capital facilities connection charge for replacement buildings: For new construction replacing former buildings, .the capital facilities connection charge shall be calculated on the came basis as provided in paragraphs (A) and(C) above. If such replacement construction is commenced within two (2) years after demolition or destruction of the former building, a credit against such charge shall be allowed and shall be the equivalent capital facilities connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the capital facilities connection charges. (5) Capital facilities connection charges for additions or alterations of buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of family dwelling buildings or the area of buildings to be used for other than family dwelling buildings, the capital facilities connection charge shall be $1,500 for dwelling unit added or created, and, in the case of new construction other than 77 family dwelling buildings, it shall be $300 per 1,000 square feet of additional floor area contained within such new construction, provided such new construction shall contain additional plumbing fixture units. 78 702. DISTRICT NO. 7 CAPITAL FACILITIES CONNECTION CHARGES A. District Connection Permit Rewired No application for a permit for a connection to a District sewerage facility or to my sewerage facility which discharges into a District sewerage facility shall be considered until a District capital facilities connection charge is paid by the applicant. No connection permit shall be issued unless there is an established use of the property to be served or _ a valid building permit issued which establishes the use of said property. B. District Connection Charge Amounts (1) Capital facilities connection charge for new construction, dwelling buildings: For each new dwelling unit constructed, the capital facilities connection charge shall be $1,500 per dwelling unit. (2) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling building, the capital facilities connection charge shall be $1,500 per dwelling unit. (3) Capital facilities connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, including but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the capital facilities connection charge - shall be $300 per 1,000 square fast of floor area contained within such construction, provided that the minimum capital facilities connection charge for such new construction shall be $1,500. (4) Capital facilities connection charge for replacement buildings: For new construction replacing former buildings, the capital facilities connection charge shall be calculated on the same basis as provided in paragraphs(A) and (C) above. If such replacement construction in commenced within two (2) years after demolition or destruction of the former building, a credit against such charge shall be allowed and shall be the equivalent capital facilities connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the capital facilities connection charges. (5) Capital facilities connection charges for additions or alterations of existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of dwelling buildings or the area of buildings to be used for other than dwelling buildings, the capital facilities connection charge shall be $1,500 for each dwelling unit added or created, and, in the case of new construction other than dwelling buildings, it shall be $300 per 1,000 square feet of additional floor 79 area contained within such new construction, provided such new construction shall contain additional plumbing fixture units. (6) Trunk capital facilities connection charge, residential uses: Family dwelling unit: $6 per front foot for the real property fronting on and connecting to a trunk sewer, provided that no such charge shall be lose than $4000 plus the applicable regular capital facilities connection charge for dwelling units hereinabove specified. (7) Trunk capital facilities connection charge, commercial or industrial establishments: - $10 per front foot for the real property fronting on and connecting to a trunk sewer, provided that no such front foot charge shall be less than $500.00 plus the applicable regular capital facilities connection charge for new construction and existing structures other than dwelling buildings hereinabove specified. (8) Capital facilities connection charge, off-site sewers not a part of Master Plan relative to reimbursement agreements: The charges for connections to off-site sewers which are not included as part of the District Master Plan and for which a Non-Master Plan Reimbursement Agreement has been entered into between the District and the property owner shall be in the amount provided for in said Agreement. The amount set forth in said Agreement shall be the amount due whether the original Agreement is still in force, has been extended, or has expired. These capital facilities connection charges shall be in addition to any other charges hereinabove established for the property connecting to said facilities. (9) Assessment District capital facilities connection charge: The regular capital facilities connection charges provided in the preceding subsections of this section, plus a sum of money equal to the assessment charge without interest, or Treasurer's charge which would have been made against the real property On which said improvements are located had said real property been assessed within the Assessment District which constructed or acquired the Assessment District sewer to which connection is made. 80 702. DISTRICT NO. it CAPITAL FACILITIES CONNECTION CHARGES A. District Connection permit Rewired No application for a permit for a connection to a District sewerage facility or to any sewerage facility which discharges into a District sewerage facility shall be considered until a District capital facilities connection charge is paid by the applicant. No connection permit shall be issued unless there is an established use of the property to be served or a valid building permit issued which establishes the use of said property. B. District Connection Charon Amounts (1) Capital facilities connection charge for new construction, dwelling buildings:For each new dwelling unit constructed, the capital facilities connection charge shall be &1,690 per dwelling unit. $2,350 (2) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling building, the capital facilities connection charge shall be $4,b00 per dwelling unit. $2,350 (3) Capital facilities connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, including, but not limited to, commercial and industrial buildings, hotels and motels and public buildings, the capital facilities connection charge $470 shall be $300 per.1,000 square feet of floor area contained within such construction, provided that the minimum capital facilities connection charge for such new construction shall be 4i,400. $2,350 (4) Capital facilities connection charge for replacement buildings: For new construction replacing former buildings, the capital facilities connection charge shall be calculated on the same B(1) and (3) basis as provided in paragraphs 4A}-sad-4Q) above. If such replacement construction is commenced within two (2) years after demolition or destruction of the former building, a credit against such charge shall be allowed and shall be the equivalent capital facilities connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the capital facilities connection charges. (5) Capital facilities connection charges for additions or alterations of existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of family dwelling buildings or the area of buildings to be used for other than family dwelling buildings, the capital facilities $2,350 connection.charge shall be 417600 for each dwelling unit added or created, and, in the case of new construction other than family dwelling buildings, it shall be 534B8 81 $ per 1,000 square ERRATA SHEET NO. 1 702. DISTRICT NO. 11 CAPITAL FACILITIES CONNECTION CHARGES A. District Connection Permit Required No application for a permit for a connection to a District sewerage cility or to any sewerage facility which discharges into a District s erage facility shall be considered until a District capital facilities cc ection charge is paid by the applicant. No connection permit shall be iss d unless there is an established use of the property to be served or a valid building permit issued which establishes the use of said property. B. D trict Connection Charge Amounts (1) Capital facilities connection charge for new construction, dwelling buildings: r each new dwelling unit constructed, the capital facilities cc ection charge. shall be $2,350 per dwelling unit. (2) Cap it 1 facilities connection charge for existing dwelling buildi a• For the onnection of each existing dwelling building, the capital f cilities connection charge shall be $2,350 per dwelling unit. (3) Capital facil lea connection charge for new construction and existing struc res, other than dwelling buildings: For all other new onstruct ion, including, but not limited to, commercial and in strial buildings, hotels and motels and public buildings, a capital facilities connection charge shall be $300 per 1, 00 square feet of floor area contained within such construct n, provided that the minimum capital facilities connection arge for such new construction shall be $2,350. (4) Capital facilities conn ction charge for replacement �p�f buildings: For new construction replacing ormer buildings, the capital 3 facilities connection charge sha 1 be calculated on the same basis as provided in paragraphs ) and (C) above. If such replacement construction is come ed within two (2) years ` after demolition or destruction o the former building, a credit against such charge shall be lowed and shall be the equivalent capital facilities conne ion charge for the building being demolished or destroys calculated on the basis of current charges for new constr tion. In no case shall such credit .exceed the capital fac ities connection charges. (5) Capital facilities connection charges for additions or alterations of existing buildings: ' In the case of structures where further new cons t uction or alteration is made to increase the occupancy family dwelling buildings or the area of buildings to be sed for other than family dwelling buildings, the capital fac'lities connection charge shall be $2,350 for each dwelling uni added or created, and, in the case of new construction other than family dwelling buildings, it shall be. $300 per 1,000 s are 81 feet of additional floor area contained within such new construction, provided such new construction shall contain additional plumbing fixture unite. 82 702. DISTRICT NO. 13 CAPITAL FACILITIES CONNECTION CHARGES A. District Connection Permit Required No application for a permit for a connection to a District sewerage facility or to any sewerage facility which discharges into a District sewerage facility shall be considered until a District capital facilities connection charge is paid by the applicant. No connection permit shall be issued unless there is an established use of the property to be served or a valid building permit issued which establishes the use of said property. B. District Connection Charge Amounts (1) Capital facilities connection charge for new construction, dwelling buildings: For each new dwelling unit constructed, the capital facilities connection charge shall be $1,500 per dwelling unit. (2) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling unit, the capital facilities connection charge shall be $1,500 per dwelling unit. (3) Capital facilities connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, including but not limited to, commercial and industrial buildings, hotel and motele and buildings, the capital facilities connection charge shall be $300 per 1,000 square feet of floor area contained within such construction, provided that the minimum capital facilities connection charge for such new construction shall be $1,500. (a) Capital facilities connection charge for replacement buildings: For new construction replacing former buildings, the capital facilities connection charge shall be calculated on the same basis as provided in Paragraphs (A) and (C) above. If such replacement construction is commenced within two (2) years after demolition or destruction of the former building, a credit against such charge shall be allowed and shall be the equivalent capital facilities connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the capital facilities connection charges. (5) capital facilities connection charges for additions or alterations to existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of dwelling buildings, the capital facilities connection charge shall be calculated on the same basis as provided in Paragraphs (A) and (C) above for each dwelling unit added or created, or each 1,000 square feet of additional floor area contained within such new construction, provided such new construction shall contain additional plumbing fixture units. 83 (6) Capital facilities connection charges will be assessed to local government agencies for connecting directly or indirectly to the Districts' sewerage facilities. 84 703. SANITARY SEWER SERVICE CHARGE Every parcel of real property located within the District which is improved with structures designed for residential, commercial, or industrial use, and connected to the District's System, may be subject to a Sanitary Sewer Service Charge in an amount adopted by the Board of Directors by separate Ordinance. 704. EXCEPTIONS Except as expressly provided .in Sections 308 and 705 hereof, relating to exemptions from the payment of charges, the provisions of this Ordinance shall apply to all properties within the District, including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax exempt organizations. 705. EXEMPTIONS AND APPEALS In recognition that certain legal parcels of real property exist within the District which are not connected to the District system, it is the intent of the District that said parcels be exempt totally or in part from the payment of charges as prescribed herein. Any property owner may appeal the assessment of the charges and submit a claim for rebate to the District on the forms prescribed and provided by the District, within one hundred twenty (120) days after the annual bill is mailed. All applications for rebate of the annual sewer service charge will be determined by the General Manager of the District, who may grant a partial or full rebate or adjustment of the charge based on receiving satisfactory proof than an inequity exists between the amount charged and the amount of wastewater discharged to the District's systems. Such inequities may include, but are not limited to the following instances. A. The use of parcel differs from the use indicated by the charge. B. No service connection to the District's system exists for the parcel charged. C. The principal water use is agricultural. D. Any other use wherein the amount of wastewater discharged to the District's system is significantly less on a regular basis than the amount that would normally be expected to be discharged by the class of property in question. 706. CREDIT FOR INDUSTRIAL PERMITTEES A credit shall be allowed to all dischargers permitted pursuant to Article 3 of this Ordinance in an amount equal to the Sanitary Sewer Service Charge. . Said credit shall be made in the same manner as credit is allowed for ad valorem taxes pursuant to Section 302.6, 303.6, and 304.6(B) (4) above. 85 ARTICLE 8 SEVERABILITY 801. SEVERABILITY If any provision of these regulations or the application to any or circumstances is held invalid, the remainder of the regulations or the application of such provision to other persons or other circumstances shall not be affected. 86 ARTICLE 9 REPEAL 901. REPEAL --__ fo1_cr,_ng cft_ca,e=_ are hereby repealed on the effective date hereof and e_1 orc_naioe - = f ordinances inconsistent with this Ordinance are tereby repeated _o tte extent that they are inconsistent with the provisions .,` tc_e Ord i::alce: .,1.etri_t i:o. 11 — Ordinance Nos. 1110 and 1114 87 Section II: The Secretary of the Board shall certify to the adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation in the District as required by law. Said Ordinance shall become effective February 7, 1992 after its adoption by the Board of Directors. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 11 of orange County, California, at a regular meeting held January 8, 1992, Chairman of the Board of Directors of County Sanitation District No. 11 of Orange County, California ATTEST: �• � �� Secretary o e Board of Directors of County Sanitation District No. 11 of Orange County, California. 88 STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I , RITA J. BROWN, Secretary of the Board of Directors of County Sanitation District No. IS of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 1116 was passed and adopted at a regular meeting of said Board on the 8th day of January, 1992, by the following vote, to wit: AYES: Directors Grace H. Winchell , Chairman, Jack Kelly, Roger R. Stanton NOES: None ABSTENTIONS: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of January, 1992. Rita J. Brown Secretary of the Board of Directors County Sanitation District No. 11 of Orange County, California