HomeMy WebLinkAboutOrdinance No. 1305 ORDINANCE NO-1305
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 13 ESTABLISHING
WASTEWATER DISCHARGE REGULATIONS AND REPEALING
ORDINANCCEES1301 AND 1304
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13IgS,C A�RCE, EGU'LA,T
AUGUST 9, 1989
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COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA
TABLE OF CONTENTS
SECTION PAGE
INTRODUCTION AND SUMMARY. . . . . . . . . . . . . . . 1
ARTICLE 1
GENERAL PROVISIONS
101. PURPOSE AND POLICY . . . . . . . . . . . . . . . . . . 3
102. DEFINITIONS . . . . . . . . . . . . . . . . . . . . 4
103. CONFIDENTIAL INFORMATION . . . . . . . . . . . . . . 17
104. PERMIT TRANSFER PROHIBITIONS . . . . . . . . . . . . 18
105. PERMIT - CHANGE OF OWNERSHIP . . . . . . . . . . . . 18
106. AUTHORITY . . . . . . . . . . . . . . . . . . . . . . 18
107. DELEGATION OF AUTHORITY . . . . . . . . . . . . . . . 19
108. SIGNATORY REQUIREMENTS . . . . . . . . . . . . . . . 19
ARTICLE 2
GENERAL PROHIBITIONS AND LIMITATIONS ON DISCHARGES
201. PROHIBITED DISCHARGES . . . . . . . . . . . . . . . . 20
202. PROHIBITION ON DILUTION . . . . . . . . . . . . . . . 21
203. LIMITATIONS ON SURFACE RUNOFF AND GROUNDWATER. . . . 21
204. LIMITATIONS ON UNPOLLUTED WATER . . . . . . . . . . . 21
205. LIMITATIONS ON RADIOACTIVE WASTES . . . . . . . . . .22
206. LIMITATIONS ON THE USE OF GRINDERS. . . . . . . . . . 22
207 . LIMITATIONS ON POINT OF DISCHARGE. . . . . . . . . . 22
208. LIMITATIONS ON WASTEHAULER DISCHARGES. . . . . . . . 23
SECTION PAGE
209. LIMITATIONS ON WASTEWATER STRENGTH AND
CHARACTERISTICS. . . . . . . . . . . . . . . . . . . 23
210. MASS EMISSION RATE DETERMINATION . . . . . . . . . . 24
211. PROHIBITION ON INFECTIOUS WASTE. . . . . . . . . . . 26
212. LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL
SOLUTIONS AND SLUDGES . . . . . . . . . . . . . . . .26
ARTICLE 3
DISCHARGE PERMITS, CHARGES, AND FEES
301. INTRODUCTION . . . . . . . . . . . . . . . . . . . . 27
302. CLASS I WASTEWATER DISCHARGE PERMITS . . . . . . . . 27
302. 1 CLASS I WASTEWATER DISCHARGE PERMIT APPLICATION. . . 28
302.2 CLASS I PERMIT CONDITIONS AND LIMITATIONS . _ . . . . 29
302.3 CLASS I PERMIT FEE. . . . . . . . . . . . . . . . . . 30
302.4 TERMS AND CONDITIONS. . . . . . . . . . . . . . . . . 30
302.5 PERMIT DURATION AND RENEWAL. . . . . . . . . . . . . 31
302 .6 CLASS I CHARGE FOR USE. . . . . . . . . . . . . . . . 31
303 . CLASS II WASTEWATER DISCHARGE PERMITS . . . . . . . . 34
303. 1 CLASS II WASTEWATER DISCHARGE PERMIT APPLICATION. . . 35
303.2 CLASS II PERMIT CONDITIONS AND LIMITATIONS . . . . . 36
303. 3 CLASS II PERMIT FEE . . . . . . . . . . . . . . . . . 37
303.4 TERMS AND CONDITIONS . . . . . . . . . . . . . . . . 37
303 .5 PERMIT DURATION AND RENEWAL . . . . . . . . . . . . . 38
303 .6 CLASS II CHARGE FOR USE . . . . . . . . . . . . . . . 38
304 . CLASS III WASTEWATER DISCHARGE PERMITS . . . . . . . 41
304.1 CLASS III WASTEWATER DISCHARGE PERMIT APPLICATION . .42
SECTION PAGE
304.2 CLASS III PERMIT CONDITIONS AND LIMITATIONS. . . . . 43
304.3 CLASS III PERMIT FEE . . . . . . . . . . . . . . . . 43
304.4 TERMS AND CONDITIONS. . . . . . . . . . . . . . . . .43
304.5 PERMIT DURATION AND RENEWAL . . . . . . . . . . . . .44
304.6 CLASS III CHARGE FOR USE . . . . . . . . . . . . . . 44
305. SPECIAL PURPOSE DISCHARGE PERMITS. . . . . . . . . . 46
305.1 SPECIAL PURPOSE DISCHARGE PERMIT APPLICATION. . . . .46
305.2 SPECIAL PURPOSE DISCHARGE PERMIT CONDITIONS AND
LIMITATIONS . . . . . . . . . . . . . . . . . . . . .47
305.3 SPECIAL PURPOSE DISCHARGE PERMIT FEE. . . . . . . . .47
305.4 TERMS AND CONDITIONS. . . . . . . . . . . . . . . . .47
305.5 SPECIAL PURPOSE DISCHARGE PERMIT DURATION AND
RENEWAL. . . . . . . . . . . . . . . . . . . . . . . 48
305.6 SPECIAL PURPOSE DISCHARGE PERMIT CHARGE FOR USE. . . 48
306. WASTEHAULER DISCHARGE PERMIT. . . . . . . . . . . . .48
306. 1 WASTEHAULER DISCHARGE PERMIT APPLICATION. . . . . . .49
306.2 WASTEHAULER DISCHARGE PERMIT CONDITIONS AND
LIMITATIONS. . . . . . . . . . . . . . . . . . . . . 49
306.3 WASTEHAULER DISCHARGE PERMIT FEE. . . . . . . . . . .50
306.4 TRANSFERABILITY. . . . . . . . . . . . . . . . . . . 50
306.5 TERMS AND CONDITIONS. . . . . . . . . . . . . . . . . 50
306.6 PERMIT DURATION AND RENEWAL. . . . . . . . . . . . . . 51
306.7 WASTEHAULER DISCHARGE PERMIT CHARGE FOR USE. . . . . 51
307. TRANSPORTABLE TREATMENT UNIT (TTU) DISCHARGE
PERMIT . . . . . . . . . . . . . . . . . . . . . . . 51
307. 1 TRANSPORTABLE TREATMENT UNIT DISCHARGE PERMIT
APPLICATION . . . . . . . . . . . . . . . . . . . . .51 .
307.2 TTU PERMIT CONDITIONS AND LIMITATIONS . . . . . . . .52
307 .3 TTU DISCHARGE PERMIT FEE . . . . . . . . . . . . . . 53
SECTION PAGE
307.4 TERMS AND CONDITIONS . . . . . . . . . . . . . . . 53
307.5 PERMIT DURATION AND RENEWAL . . . . . . . . . . . . .54
308. LOCAL GOVERNMENT AGENCY EXEMPTION FROM CHARGES. . . .54
309 . EXCESS CAPACITY CHARGE. . . . . . . . . . . . . . . .54
310. OUT OF DISTRICT PERMITS/DISCHARGERS. . . . . . . . . 54
ARTICLE 4
FACILITIES REQUIREMENTS
401. PRETREATMENT FACILITIES . . . . . . . . . . . . . . . 56
402 . SPILL CONTAINMENT FACILITIES. . . . . . . . . . . 56
403. MONITORING/METERING FACILITIES. . . . . . . . . . . . 56
404 . DRAWING SUBMITTAL REQUIREMENTS. . . . . . . . . . . . 57
405. WASTE MINIMIZATION REQUIREMENTS. . . . . . . . . . . 58
ARTICLE 5
MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS
501. MONITORING AND REPORTING CONDITIONS. . . . . . . . . 59
501. 1 INSPECTION AND SAMPLING CONDITIONS. . . . . . . . . . 60
501.2 RIGHT OF ENTRY. . . . . . . . . . . . . . . . . . . . 60
501. 3 NOTIFICATION OF SPILL *OR SLUG LOADING . . . . . . . . 61
501.4 NOTIFICATION OF BYPASS . . . . . . . . . . . . . . . 61
SECTION PAGE
ARTICLE 6
ENFORCEMENT
600. PURPOSE AND SCOPE. . . . . . . . . . . . . . . . . . 63
601. NON-COMPLIANCE WITH PERMIT CONDITIONS AND
APPLICABLE FEES . . . . . . . . . . . . . . . . . . .64
602. PROBATION ORDER . . . . . . . . . . . . . . . . . . .67
603. ENFORCEMENT COMPLIANCE SCHEDULE AGREEMENT (ECSA) . 68
604. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA) . . .70
605. PERMIT SUSPENSION . . . . . . . . . . . . . . . . . .70
606. PERMIT REVOCATION . . . . . . . . . . . . . . . . . .72
607. WASTERAULER NON-COMPLIANCE WITH PERMIT CONDITIONS. . 75
608. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL
OPERATIONS. . . . . . . . . . . . . . . . . . . . . .76
609. INDUSTRIAL WASTE PASS THROUGH . . . . . . . . . . . .76
610. BATCH DUMPS. . . . . . . . . . . . . . . . . . . . . 76
611. PUBLISHED NOTICES . . . . . . . . . . . . . . . . . .77
612. PUBLIC NUISANCE . . . . . . . . . . . . . . . . .77
613. TERMINATION OF SERVICE . . . . . . . . . . . . . . . 77
614. EMERGENCY SUSPENSION . . . . . . . . . . . . . . . 77
615. INJUNCTION . . . . . . . . . . . . . . . . . . . . . 77
616. CIVIL PENALTIES . . . . . . . . . . . . . . . . . . .78
617. CRIMINAL PENALTIES . . . . . . . . . . . . . . . . . 79
618. APPEALS TO GENERAL MANAGER . . . . . . . . . . . . . 79
619. APPEALS TO THE EXECUTIVE COMMITTEE. . . . . . . . . . 80
619.1 APPEAL OF CHARGES AND FEES . . . . . . . . . . . . . 82
620. PAYMENT OF CHARGES . . . . . . . . . . . . . . . . . 82
SECTION PAGE
621. COLLECTION . . . . . . . . . . . . . . . . . . . . 83
622 . RECOVERY OF COSTS INCURRED BY DISTRICT. . . . . . . .83
623 . FINANCIAL SECURITY/AMENDMENTS TO PERMIT . . . . . . .83
624. JUDICIAL REVIEW . . . . . . . . . . . . . . . . . . .85
ARTICLE 7
CONNECTION PERMITS/CAPITAL FACILITIES CONNECTION CHARGES
701. INTRODUCTION - ALL DISTRICTS . . . . . . . . . . . . 87
702. DISTRICT NO. 1 CAPITAL FACILITIES CONNECTION
CHARGES . . . . . . . . . . . . . . . . . . . . . . .88
702. DISTRICT NO. 2 CAPITAL FACILITIES CONNECTION
CHARGES . . . . . . . . . . . . . . . . . . . .90
. 702. DISTRICT NO. 3 CAPITAL FACILITIES CONNECTION
CHARGES . . . . . . . . . . . . . . . . . . . . . . .92
702. DISTRICT NO. 5 CAPITAL FACILITIES CONNECTION
CHARGES . . . . . . . . . . . . . . . . . . . . . . .94
702. DISTRICT NO. 6 CAPITAL FACILITIES CONNECTION
CHARGES . . . . . . . . . . . . . . . . . . . . . . . 96
702. DISTRICT NO. 7 CAPITAL FACILITIES CONNECTION
CHARGES . . . . . . . . . . . . . . . . . . . . . . . 98
702. DISTRICT NO. 11 CAPITAL FACILITIES CONNECTION
CHARGES. . . . . . . . . . . . . . . . . . . . . . . 101
702. DISTRICT NO. 13 CAPITAL FACILITIES CONNECTION
CHARGES . . . . . . . . . . . . . . . . . . . . . . . 103
703 . . ANNUAL SUPPLEMENTAL SANITARY SEWER USE CHARGE . . . . 104
704 . EXCEPTIO34S . . . . . . . . . . . . . . . . . . . . . 104
705. EXEMPTIONS AND APPEALS. . . . . . . . . . . . . . . .105
706. CREDIT FOR INDUSTRIAL PERMITTEES . . . . . . . . . . 105
SECTION - PAGE
ARTICLE 8
SEVERABILITY
801. SEVERABILITY . . . . . . . . . . . . . . . . . . . .106
ARTICLE 9
(RESERVED)
901. (RESERVED) . . . . . . . . . . . . . . . . . . . . . 107
INTRODUCTION AND SUMMARY
The County Sanitation Districts of Orange County were formed
during 1946-47, but did not commence operation until 1954 with
the acquisition of treatment facilities in Fountain Valley and
completion of the treatment plant and ocean outfall in Huntington
Beach. Recognizing the need to control the quantity and quality
of wastewaters discharged to the sewer system, the Districts'
Boards of Directors adopted their first Ordinance regulating the
use of the sewerage systems in February 1954. This Ordinance was
later amended in February 1958 and again in April 1970. The 1970
revision formally established the Districts' Industrial Waste
Division for the purpose of issuing permits, setting flow and
quality limits, monitoring discharges to the system, and
conducting enforcement activities.
The administrative procedures and use charges were modified with
each revision, but the basic quality requirements remained
essentially unchanged until July 1, 1976, when the Ordinance was
changed to include heavy metal limits. On July 1, 1983, the
Ordinance was again amended to include enforcement of the
Environmental Protection Agency's categorical limits and to
modify some of the non-compatible pollutant limitations such as
heavy metals.
This Ordinance reflects the changes and the need to clarify and
streamline procedures. The primary goals of this Ordinance are:
o To ensure District compliance with various Regulatory
Agencies and National Pollutant Discharge Elimination
System (NPDES) requirements.
o To prevent pass through of pollutants and interference
with District operations from .heavy metals, non-compatible
wastes and conventional pollutants discharged to the sewer
system.
o To enforce Federal Categorical Pretreatment Standards.
O To prevent municipal sludge contamination.
o To encourage the recycle, reuse, and conservation of
non-renewable resources.
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o To require waste minimization and material substitution by
industrial users.
o To minimize the discharge of volatile organic compounds
that separately or collectively contribute to air
emissions from the Districts' sewerage facilities.
o To prevent exposure of District employees to chemical
hazards created by industrial discharges.
o To require the reduction of water discharged to the sewer
system.
o To establish an effective monitoring program for the
control of industrial wastewaters, with enforcement to
ensure equal treatment to all dischargers.
o To equitably allocate treatment costs.
This document incorporates necessary modifications to implement
and enforce current Federal, State and District standards and
goals.
It will continue to be the District's objective to issue permits
to all Industrial/Commercial Users who discharge, or have the
potential to discharge, non-compatible pollutants to the sewerage
system and/or whose charge for use exceeds that amount allocated
to the District through the ad valorem tax bill.
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ORDINANCE NO. 1305
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 13 ESTABLISHING
WASTEWATER DISCHARGE REGULATIONS
AND REPEALING ORDINANCES 1301 AND 1304
x x x x x x x x x x x x x x x x x x x x
The Board of Directors of County Sanitation District No. 13
of Orange County, California does hereby ORDAIN:
Section I: Wastewater Discharge Regulations governing the
use of District sewerage facilities are hereby enacted to
provide:
ARTICLE 1
GENERAL PROVISIONS
101. PURPOSE AND POLICY
A. The purpose of this Ordinance is to provide for the
maximum public benefit from the use of District's
facilities. This shall be accomplished by
regulating sewer use and wastewater discharges, by
providing equitable distribution of costs in
compliance with applicable State and Federal
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 and State of California
policies and to permit the District to meet
applicable standards of treatment plant effluent
quality, provisions are made in this Ordinance for
the regulation of wastewater discharges to the
public sewer. This Ordinance establishes quantity
and quality limitations on all wastewater discharges
3
which may adversely affect the District's sewerage
systems, processes, effluent quality, sludge
quality, or inhibit the District's ability to
beneficially reuse or dispose of its sludge or meet
discharge criteria. It is the intent of these
limitations 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 water supply, the adoption 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 also committed to a policy of
the beneficial use of sludge, the adoption of
programs to land-apply or provide for the marketing
and distribution of sludge may necessitate more
stringent quality requirements on wastewater
discharges. In the event that more stringent
quality requirements are necessary, the Ordinance
will be amended to reflect those changes.
102 . DEFINITIONS
A. Unless otherwise defined herein, terms related to
water quality shall be as adopted in the latest
edition of Standard Methods for the Examination of
Water and Wastewater, published by the 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
4
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 . Batch Dumps shall mean the discharge of
concentrated pollutants of a quality or quantity
and in a manner or method that is not approved
by the District.
4. Biochemical Oxygen Demand (BOD) shall mean the
measure of biodegradable organic material in
domestic or other wastewaters as represented by
the oxygen utilized over a period of five days
at 20 degrees centigrade and as determined by
the appropriate testing procedures, and
expressed in terms of milligrams per liter.
5. Board shall mean the Board of Directors of the
County Sanitation District No. of Orange
County, California. References to the "Joint
Boards of Directors" shall mean the combined
governing Boards of all Districts that are
signatory to the Joint Ownership, Operation and
Construction Agreement of July 1, 1985.
6. Bypass shall mean the intentional diversion of
wastestreams from any portion of an Industrial
User's treatment facility.
7. Capital Facilities Connection Charge shall mean
the one-time payment of a fee, imposed by the
governing Board of the 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
5
contributive share of the cost of the existing
facilities. Said charge shall be paid by all
property owners at the time they develop the
property and connect directly or indirectly to
the District sewerage facilities as a new system
user. This charge, as set forth in Article 7 0£
this ordinance, is expressly authorized by the
provisions of California Health & Safety Code
Section 5471.
S. 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.
9. 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.
10. 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.
11. Class I User shall mean any user who:
a) Discharges wastewater which may contain, at
any given time, any of the components as
specified in Section 205, Limitations on
Radioactive Wastes, Section 209, Limitations
on Wastewater Strength and characteristics,
or Section 210, Mass Emission Rate
Determination, Table I Discharge Limits
or Mass Emission Rate Determination;
b) Is subject to Federal Categorical
Pretreatment Standards as defined by the
Environmental Protection Agency (EPA) ;
c) Discharges wastewater which may cause, as
determined by the General Manager, pass
6
through or interference with the District
system.
12. 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.
13 . 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 B.O.D. and
suspended solids.
14. Code of Federal Regulations (CFR) shall mean the
codification of the general and permanent rules
published in the Federal Register by the
Executive departments and agencies of the
Federal Government.
15. 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.
16. Composite Sample shall mean a collection of
individual samples obtained at intervals during
a specified period of time. The resulting
mixture (composite sample) forms a
representative sample of the wastestream
discharged during the sample period. Samples
will be collected during the time manufacturing,
processing, and/or sewer discharge occurs.
17. 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
7
ultimately discharges into a District sewerage
facility.
18. CSDOC shall mean County Sanitation Districts of
Orange County.
19. Cyanide. (Amenable) shall mean those cyanides
amenable to chlorination as described in 40 CFR
136. 3.
20. 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.
21. Development shall mean parcel of land on which
dwelling units, commercial or industrial
buildings or other improvements are built.
22 . 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.
23 . 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.
24. District Sewerage Facility shall mean any
property belonging to the District used in the
treatment, reclamation, reuse, transportation,
or disposal of wastewater.
25. Division Head shall mean that person duly
designated by the General Manager to implement
the District's Industrial Waste Pretreatment
Program and perform the duties as specified in
this Ordinance.
26. 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.
27. Dwelling Unit shall mean a single unit providing
complete, independent living facilities for one
8
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.
28. 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.
29. 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.
30. Federal Categorical Pretreatment Standards shall
mean those standards promulgated by EPA in
accordance with 40 .CFR 401-471, Section 307 (b)
and (c) of the Clean Water Act (33 U.S.C. 1317)
and which applies to a specific category of
industrial user.
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 approved by the District provided
at the user's expense to measure, totalize,
and/or record, the incoming water to the
facility or the wastewater discharged to the
sewer.
33 . General Manager shall mean the individual duly
designated by the Board of Directors of the
District to administer this Ordinance (REFER TO
SECTION 107) .
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34. Grab Sample shall mean an individual sample
collected over a period of time not exceeding
fifteen (15) minutes.
35. Industrial User shall mean any user that
discharges water-carried wastes and wastewaters
to the District's sewerage facilities, as
defined by EPA regulations set forth in 40 CFR
403 .3 (h) and as identified in the Standard
Industrial Classification Manual, 1987, Office
of Management and Budget, as amended and
supplemented.
36. Industrial Wastewater shall mean all
water-carried wastes and wastewater of the
community, excluding domestic wastewater, and
shall include all wastewater from any producing,
manufacturing, processing, agricultural, or
other operation. These may also include wastes
of human origin similar to domestic wastewaters.
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 development
discharging or anticipating discharge to
wastewater conveyance, processing and disposal
facilities.
39. Interference shall mean any discharge which,
alone or in conjunction with discharges from
other sources, inhibits or disrupts the
District's treatment processes or operations, or
its sludge processes, use, or disposal; or is a
cause of violation of the District's NPDES
permit or prevents lawful sludge use or
disposal.
40. LEL (Lower Explosive Limit) shall mean the
minimum concentration of a combustible gas or
vapor in air (usually expressed in percent by
volume at sea level) which will ignite if an
ignition source (sufficient ignition energy)' is
present.
41. Local Sewerinc Agency shall mean any public
agency or private corporation responsible for
10
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. Major Violation shall mean a discharge over the
maximum permitted discharge limit by an amount
equal to or greater than one pound per day of
the const-ituents set forth in Table I or having
a pH discharge of 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. 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.
46. Minor Violation shall mean a discharge over the
maximum permitted discharge limit by an amount
less than one pound per day of the constituents
set forth in Table I or having a pH discharge of
between 5.0 - 5.9.
47. 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 .
48. New Construction shall mean any structure
planned or under construction for which a
connection permit has not been issued.
49. New Source shall mean those sources that are new .
as defined by 40 CFR 403. 3 (k) as revised October
17, 1988.
50. Non-Compatible Pollutant shall mean any
pollutant which is not a compatible pollutant as
defined herein.
11
51. Normal Working Day shall mean the period of time
during which production and/or operation is
taking place and/or any period of discharge to
the sewer.
52. Operation and Maintenance Service Charge shall
mean a charge imposed on a user of the treatment
works, pursuant to Sections 302. 6(F) 1, 303.6(F) l
or 304.6(B) 1 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.
53 . Ordinance shall mean that document entitled
"Wastewater Discharge Regulations" containing
District requirements, conditions, and
limitations for connecting and discharging to
the sewer system, as may be amended and
modified.
54. p. 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.
55. Pass Through shall mean discharge through the
Districts' facilities to navigable water which,
alone or in conjunction with discharges from
other sources, is a cause of a violation of the
District's NPDES permit.
56. Permittee shall mean a person who has received a
permit to discharge wastewater pollutants into
the District's sewerage system subject to the
requirements and conditions established by
the District.
57. Person shall mean any individual, partnership,
firm, association, corporation or public agency,
including the State of California and the United
States of America.
58. Pesticides shall mean those compounds including,
but not limited to DDT (dichlorodiphenyl-
trichloroethane, both isomers) , DDE (dichloro-
diphenylethylene) , DDD (dichlorodiphenyl-
dichloroethane) , Aldrin, Benzene Hexachloride
(alpha, beta and gamma isomers) , Chlordane,
Endrin, Endrin aldehyde, 2 ,3,7,8-tetrachloro-
12
dibenzo-p-dioxin (TCDD) , toxaphene,
Alpha-endosulfan, Beta-endosulfan, Endosulfan
sulfate, Heptachlor, Heptachlor epoxide, and
Dieldrin.
59. Pollutant shall mean any constituent or
characteristic of wastewaters on which a
discharge limitation may be imposed either by
the District or the regulatory bodies empowered
to regulate the District.
60. Polychlorinated Biohenyls (PCB) shall mean those
compounds including, but not limited to
Aroclors, 1016, 1221, 1228, 1232, 1248, 1254,
1260, and 1262.
61. 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.
62. Pretreatment Facility shall mean any works or
devices for the treatment or flow limitation of
wastewater prior to discharge into a public
sewer.
63. Priority Pollutants shall mean the 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 interference with District's
operation, sludge contamination, or treatment
system pass through into receiving waters or
into the atmosphere.
64 . Public Agency shall mean the State of California .
and any city, county, district, other local
authority or public body of or within this
State.
65. Public Sewer shall mean a sewer owned and
operated by the District, a city or other local
sewering agency which is tributary to treatment
facilities operated by the District.
13
All public sewers must be constructed in
accordance with District's regulations and
specifications for construction of sanitary
sewers.
66. RCRA shall mean Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 6901, at seq. )
and as amended.
67. 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) ; and
e) California Department of Health Services
(DOHS) .
68. Regulatory Compliance Schedule Agreement (RCSA1
shall mean an agreement between the District and
permittee requiring the permittee to implement
pretreatment practices and/or install equipment
to ensure compliance with future revised
categorical pretreatment standards or revised
discharge limitations.
69. Representative Sample Point shall mean a
location approved by the District, from which
wastewater can be collected that is as nearly
identical in content and consistency as possible
to that of the entire flow of wastewater being
sampled.
70. Routine Sampling shall mean sampling conducted
prior to any enforcement action(s) initiated by
the District. Sampling shall consist of either
grab or composite sampling which may be
conducted at the District's discretion.
14
71. Sampling Facilities shall mean structure(s)
approved by the District provided at the user's
expense for the District or user to measure and
record wastewater constituent levels, collect a
representative sample, and/or provide access to
plug/terminate the discharge.
72. Sanitary Waste shall mean domestic wastewater.
73 . Sewage shall mean wastewater.
74. Sewerage Facilities shall mean any and all
facilities used for collecting, conveying,.
pumping, treating, and disposing of wastewater
and sludge.
75. Shall means mandatory.
76. Significant Non-Compliance shall mean a
compliance status a) in which a major violation
remains uncorrected 45 days after notification
of non-compliance; or b) which is a result of
chronic violations (66% or more of all samples
which exceed the daily maximum limit of the same
constituent during a 12-month period) , or acute
violations (33% or more of all samples which are
a major violation of the daily maximum limit of
the same constituent during a 12-month period) ;
or c) which is a result of failure to provide
reports in response to Notice of Violation,
permit application information, Report of
Progress, a Report of Non-Compliance, or other
reports required to administer the Ordinance,
within 30 days from the due date; or d) which
resulted in the
District issuing a Cease and Desist Order or
exercising its emergency authority.
77 . Slug Load shall mean a discharge that exceeds
the prohibitions stated in Section 209 and
significantly exceeds the usual user flow and/or
pollutant loading.
78. Sludge shall mean any solid, semi-solid or
liquid decant, subnate or supernate from a
manufacturing process, utility service, or
pretreatment facility.
79. Special Purpose User shall mean any discharger
who is granted a Special Purpose Discharge
Permit by the District to discharge unpolluted
15
water, storm runoff or groundwater to the
District's sewerage facilities.
So. SSvent Solutions shall mean any substance defined
as a hazardous waste by RCRA, 40 CFR 261.21
through 261.24, and unable to be used for its
original purpose.
81. Spill Containment shall mean a District-approved
protection system installed by the permittee to
prohibit the discharge to the sewer of
non-compatible pollutants.
82 . Standard Industrial Classification (S.I.C. )
shall mean a system of classifying industries as
identified in the S.I.C. Manual, 1987, or
subsequent edition, as prepared by the Office of
Management and Budget.
83. Standard Methods shall mean procedures described
in the current edition of Standard Methods for
the Examination of Water and Wastewater, as
published by the American Public Health
Association, the American Water Works
. Association and Water Pollution Control
Federation.
84 . Suspended Solids shall mean any insoluble
material contained as a component of wastewater
and capable of separation from the liquid
portion of said waste by laboratory filtration
as determined by the appropriate testing
procedure and expressed in terms of milligrams
per liter.
85. Tax Credit shall mean that portion of the basic
levy on the discharger's County of Orange Ad
Valorem Tax Bill allocated to the District. The
basic levy does not include taxes for bonded
indebtedness.
86. Total Organic Carbon (TOC) shall mean the
measure of total organic carbon in domestic or
other wastewater as determined by the
appropriate testing procedure.
87 . UUn olluted water shall mean water to which no
constituent has been added either intentionally
or accidentally.
88. User shall mean any person who discharges or
causes a discharge of wastewater directly or
16
indirectly to a public sewer. User shall mean
the same as Discharger or Industrial User.
89. Waste shall mean sewage and any and all other
waste substances, liquid, solid, gaseous or
radioactive, associated with human habitation or
of human or animal nature, including such wastes
placed within containers of whatever nature
prior to and for the purpose of disposal.
90. Waste Manifest shall mean that receipt which is
retained by the generator of hazardous wastes as
required by the State of California and/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.
91. 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.
92. Wastewater shall mean waste and water, whether
treated or untreated, discharged into or
permitted to enter a public sewer.
93. 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.
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
17
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.
104. PERMIT TRANSFER PROHIBITIONS
Permits issued under this Ordinance are for a specific
user, for a specific operation at a specific location or a
specific wastehauler, and create no vested rights.
Discharge permits or their mass emission rates shall not
be transferred for an operation at a different location.
105. PERMIT - CHANGE OF OWNERSHIP -
Upon the sale or transfer of ownership of any business
operating under a permit issued by the District, the
permittee shall notify the District' in writing prior to
the transfer. The successor owner shall be required to
apply for a new permit within 15 days of the sale or
transfer of ownership in accordance with the provisions of
this Ordinance.
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 waste, directly or indirectly, to the
District's sewerage facilities. Said authority includes
the right to establish limits, conditions, and
prohibitions;' to establish flow rates or prohibit flows
discharged to the District's sewerage facilities; to
require the development of. compliance schedules for the
installation of equipment systems and materials by all
users; and to take all actions necessary to enforce its
authority, whether within or outside the District's
boundaries, including those users that are tributary to
18
the District or within areas for which the District has
contracted to provide sewerage services.
-
The District has the authority pursuant to California
Health and Safety Codes 5471 and 5474 to prescribe,
revise, and collect all fees and charge for services and
facilities furnished by the District either within or
without its territorial limits.
107. DELEGATION OF AUTHORITY
whenever any power is granted to or a duty is imposed upon
the General Manager, the power ,may be exercised or the
duty may be performed by a person authorized by the
General Manager.
108. SIGNATORY REQUIREMENTS
Reports and permit applications required by the Ordinance
for Federal Regulations shall contain the following
certification statement:
"I have personally examined and am familiar with the
information submitted in the attached document, and I
hereby certify under penalty of law that this information
was obtained in accordance with the Federal pretreatment
Requirements. Moreover, based upon my inquiry of those
individuals immediately responsible for obtaining the
information reported herein, I believe that the submitted
information is true, accurate, and complete. I am aware
that there are significant penalties for submitting false
information, including the possibility of fine and
imprisonment. "
The statement shall be signed by an authorized
representative of the industrial user as defined in 40 CFR
403 . 12 (1) (1-4) .
19
ARTICLE 2
GENERAL PROHIBITIONS AND LIMITATIONS ON DISCHARGES
201. PROHIBITED DISCHARGES
A. No person shall discharge a quantity or quality of
wastewater directly or indirectly to sewerage
facilities owned by or tributary to the District's
sewerage system which causes, or is capable of
causing, either alone or by interaction with other
substances:
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. The release of toxic or malodorous gas-producing
substances;
6. interference with the wastewater treatment
process;
7. The District's effluent or any other product of
the treatment process, residues, sludges or scums,
to be unsuitable for reclamation, reuse or
disposal; '
8. Discoloration, pass through, or any other
condition which affects the quality of the
District's treatment works effluent in such a
manner that receiving water quality requirements
established by Regulatory Agencies cannot be met;
9. Conditions which violate any statute or any rule,
regulation, or ordinance of any public agency or
Regulatory Agency having jurisdiction over the
discharge of wastewater through the sanitary
sewer system.
B. No person shall discharge wastewater delivered by
vehicular transport, rail car, or dedicated pipeline
20
directly or indirectly to the District's sewerage
facilities 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 a publicly
owned sewer 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 contribution
would cause the District to violate its NPDES 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. LIMITATIONS ON SURFACE RUNOFF AND GROUNDWATER
A. Groundwater, surface runoff, or subsurface drainage
shall not be discharged 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. LIMITATIONS ON UNPOLLUTED WATER
A. Unpolluted water such as single pass cooling water
shall not be discharged directly or indirectly to the
District's sewerage facilities except as provided
21
herein. Pursuant to Section 305, at 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. LIMITATIONS ON RADIOACTIVE WASTES
No person shall discharge, or cause to be discharged, any
radioactive waste into a public sewer except:
A. When the person is authorized to use radioactive
materials by the State Department of Health or other
,governmental agency empowered to regulate the use of
radioactive materials;
B. When the waste is discharged in strict conformity with
current California Radiation Control Regulations
(California Administrative Code, Title 17) for safe
disposal; -
C. When the person is in compliance with all rules and
regulations of all other applicable regulatory
agencies; and,
D. When a Class I permit has been obtained from CSDOC.
206. LIMITATIONS ON THE USE OF GRINDERS
Waste from industrial or commercial grinders shall not be
discharged into a public sewer, except wastes generated in
packing or preparing food or food products. Such grinders
must shred the waste to a degree that all particles will
be carried freely under normal flow conditions prevailing
in the public sewer.
207. LIMITATIONS ON POINT OF DISCHARGE
No person, except local sewering agencies involved in
maintenance functions of sanitary sewer facilities, shall
discharge any wastewater directly into a manhole or other
22
opening in a sewer other than through an approved building
sewer, unless approved by District upon written
application by the user and payment of the applicable fees
and charges established herein.
208. LIMITATIONS ON WASTEHAULER DISCHARGES
A wastehauler/user proposing to discharge septic tank,
cesspool wastes or other biodegradable or compatible
material into a District's facility must have 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.
No wastehauler/user shall discharge constituents in excess
of those specified in the respective permit based on the
limits in Table I.
No wastehauler shall discharge to the District any
material defined as hazardous waste by RCRA or 40 CFR 261.
209. LIMITATIONS ON WASTEWATER STRENGTH AND CHARACTERISTICS
A. No person shall discharge wastewater in excess of the
permitted mass emission rates or limits as determined
in accordance with Section 210 and/or Table I.
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.
3. Containing in excess of 0.01 mg/L of
polychlorinated biphenyls as a daily maximum to
include, but not limited to the following:
Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254,
1260, and 1262.
4. Containing in excess of 0.01 mg/L of pesticides as
a daily maximum, to include, but not limited to
the following: DDT (dichlorodiphenyltrichloro-
ethane, both isomers) , DDE (dichlorodiphenyl-
ethylene) , DDD (dichlorodiphenyldichloroethane) ,
Aldrin, Benzene Hexachloride (alpha [a] , beta [p] ,
23
and gamma isomers) , Chlordane, Endrin, Endrin
aldehyde, 2,3,7,8-tetrachlorodibenzo-p-dioxin
(TCDD) , toxaphene, a-endosulfan, fi-endosulfan,
Endosulfan sulfate, Heptachlor, Heptachlor
epoxide, and Dieldrin.
5. Having a maximum Biochemical Oxygen Demand (BOD)
greater than 15,000 pounds per day; or exceeding a
30-day BOD average of 10,000 pounds per day.
6. Containing excessive flow or other materials,
including, but not limited to, ammonia, chemical
oxygen demand, total organic carbon, priority
pollutants, suspended solids, oil and grease of
animal or vegetable origin, total dissolved
solids, and phenolic compounds released in a
discharge at a flow rate and/or concentration
which will cause problems, pass through, or
interference with the sewerage facilities.
7. Producing a gaseous mixture that is 10% or greater
of the lower explosive limit (LEL) . Prohibited
materials include, but are not limited to,
gasoline, kerosenes, naphtha, benzene, toluene,
xylene, ethers, ketones, and alcohols.
S. 'Containing material which will readily settle or
cause an obstruction to flow in the sewer
resulting in interference, such as, but not
limited to, sand, mud, glass, metal filings,
diatomaceous earth, 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.
210. MASS EMISSION RATE DETERMINATION
A. Mass emission rates for non-compatible and/or
compatible pollutants that are present or anticipated
in the user's wastewater discharge may be set for each
user and made an applicable part of each user's
permit. These rates shall be based on Table I, Local
Discharge Limits, or Federal Categorical Pretreatment
Standards, and the user's average daily wastewater
discharge for the past three years, the most recent
representative data, or other data acceptable to the
District. All mass emission rates must receive final
approval by the General Manager.
24
B. To verify the user's operating data, the District may
require a user to submit an inventory of all
wastewater streams and/or records indicating
production rates.
TABLE 1
LOCAL DISCHARGE LIMITS', mg/l
CONSTITUENT MILLIGRAMS/LITER
Arsenic 2 .0
Cadmium 1.0
Chromium (Total) 2.0
Copper 3.0
Lead 2.0
Mercury 0.03
Nickel 10.0
Silver 5.0
Zinc 10.0
Cyanide (Total) 5.0
Cyanide (Amenable) 1.0
Polychlorinated Biphenyls 0.01
Pesticides 0.01
Total Toxic Organics 0. 55
Sulfide (Total) 5. 0
Sulfide (Dissolved) 0.5
Oil and grease of mineral, petroleum,
origin 100.0
DOMESTIC WASTE DISCHARGE LIMITS
FOR
WASTEHAULERS
CONSTITUENT MILLIGRAMS/LITER
Cadmium 1. 0
Chromium 2.0
Copper 25.0
Lead 10.0
Nickel 10. 0
Zinc 50. 0
a: Subject to more stringent standards as established by
Federal Categorical Pretreatment Standards.
25
C. The District may revise limits or mass emission rates
previously established in the discharger's permit at
any time, based on: current or anticipated operating
data of the discharger or the District; the District's
ability to meet NPDES limits; or changes in the
requirements of Regulatory Agencies.
D. The excess use of water to establish an artificially
high flow rate for mass emission rate determination is
prohibited.
211. PROHIBITION ON INFECTIOUS WASTE
The District shall have the authority to require that any
discharge of an infectious waste to the sewer be rendered
non-infectious prior to discharge if the infectious waste
is deemed to pose a threat to the public health and
safety, or will result in any violation of applicable
waste discharge requirements.
212. LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL SOLUTIONS AND
SLUDGES
A. Spent solutions, sludges, and materials of quantity or
quality in violation of, or prohibited by this
Ordinance, or any permit issued under this Ordinance
must be disposed of in a legal manner at a legally
acceptable point of disposal as defined by the
District or appropriate Regulatory Agency. All waste
manifests shall be retained for a minimum of three
years, and made available to the District upon
request.
B. No person shall batch dump. Non-compliance fees
applicable for such discharge will be as shown in
Article 6, Schedule C of Tables II and III, Fees for
Non-Compliance with Permit Conditions and Mass
Emission Rate Limits.
26
ARTICLE 3
DISCHARGE PERMITS, CHARGES, AND FEES
301. INTRODUCTION
A. To provide the maximum public benefit from the use
of District facilities, written authorization to use
said facilities is required. This written
authorization shall be in the form of a discharge
permit. No vested right shall be given by issuance
of permits provided for in this Ordinance.
B. The discharge permit shall be in one of six forms
and is dependent upon the type of discharger,
volume, and characteristics of discharge. The six
discharge permits are:
1. Class I Wastewater Discharge Permit.
2. Class II Wastewater Discharge Permit.
3. Class III Wastewater Discharge Permit.
4. Special Purpose Discharge Permit.
5. Wastehauler Discharge Permit.
6. Transportable Treatment Unit Discharge Permit.
302 . CLASS I WASTEWATER DISCHARGE PERMITS
A. Class I wastewater discharge permits shall be
expressly subject to all provisions of this Ordinance
and all other regulations, charges for use, and fees
established by the District. The conditions of
wastewater discharge permits shall be uniformly
enforced by the District in accordance with this
Ordinance and applicable State and Federal
Regulations.
B. All Class I users proposing to discharge into a public
sewer shall obtain a wastewater discharge permit by
filing an application pursuant to Section 302 .1 and
paying the applicable fees pursuant to Section 302 .3
before discharging. For purposes of this Ordinance, a
Class I user is any user:
27
1. Discharging wastewater which may contain at any
given time, any of the components that the
Districts determine necessary to regulate as
specified in Section 205, Limitations on
Radioactive Wastes; Section 209, Limitations on
Wastewater Strength and Characteristics, or
Section 210, Mass Emission Rate Determination,
Table I. Local Discharge Limits;
2. Subject to Federal Categorical Pretreatment
Standards.
3. 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. Users seeking 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 user shall be
required to 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
deemed necessary by the District, including, but
not limited to, those mentioned in Section 210,
Mass Emission Rate Determination, Table I.
Discharge Limits, of this Ordinance. These
constituents and characteristics shall be
28
determined by a laboratory of the discharger
approved by the District;
B. 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.
B. Users may also be required to submit 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.
C. Other information may be required 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
necessary to protect the District's system.
302 .2 Class I Permit Conditions . and Limitations
The issuance of a Class I permit may contain any of the
following conditions or limitations:
A. Mass emission rates regulating non-compatible
pollutants;
B. Limits on rate and time of discharge or requirements
for flow regulation and equalization;
C. Requirements to notify the District in writing prior
to the physical expansion of any wet processes;
29
D. Requirements for the user to construct and maintain,
at his own expense, pH control, flow monitoring
and/or sampling facilities; .
E. Requirements for submission of technical reports,
production data, discharge reports, and/or waste
manifests;
F. Requirements to self-monitor;
G. Requirements for maintaining a minimum of three
years, plant records relating to wastewater
discharge and waste manifests as specified by
District;
H. Predetermined rates or values for wastewater
strength characteristics;
I. Requirements to submit copies of tax and water.
bills;
J. Other provisions which may be applicable to ensure
compliance with this Ordinance;
K. Other terms and conditions determined by the General
Manager to be necessary to protect the District's
system.
302 . 3 Class I Permit Fee
A. The Class I permit fee shall be in an amount adopted
by resolution of the Board of Directors. The permit
fee shall be payable within forty-five (45) days of
invoicing by the District. 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 623. (E) of this Ordinance.
302.4 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:
30
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.
B. New source indirect dischargers shall be required to
install and start up any necessary pollution control
equipment before beginning discharge, and comply
with applicable Federal Categorical Pretreatment
Standards not to exceed thirty (30) days after the
commencement of discharge.
C. 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.
D. Permittee shall be informed of any change in the
permit limitations, conditions, or requirements at
least forty-five (45) days prior to the effective
date of change. Any changes or new conditions in
the permit shall include a reasonable time schedule
for compliance.
302 .5 Permit Duration and Renewal
Class I permits shall normally be issued for a period
not to exceed one (1) year. Upon expiration of the
permit, the user shall apply for renewal of the permit
in accordance with the provisions of this Article 3.
302 .6 Class I 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
31
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. If current property tax bills are not 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, the
District will endeavor to obtain the correct data.
Data obtained by the District will be considered
correct and will not be adjusted before the next
annual reconciliation statement. There will 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. To determine actual- annual water use the District
normally requires copies of actual water bills as a
permit condition. 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 correct water
use data. Data obtained by the District will be
considered correct and will not be adjusted before
the next annual reconciliation statement. There
will be a fee levied for District administrative
costs when water use data is obtained by the
32
District. The amount of the fee shall be adopted by
the District's Board of Directors.
E. The charge for use shall be computed by the
following formula:
Charge for Use = V,V + B,B + S,S - Tax Credit
Where V - total annual volume of flow, in millions
of gallons
B = total annual discharge of biochemical oxygen
demand, in thousands of pounds
S = total annual discharge of suspended solids, in
thousands of pounds
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 (BOD) , 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 suspended solids in accordance with the
General Manager's determination of which portion
33
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 BOD 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. 10,000gallons per employee per year;
2 . BOD 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.
303 . CLASS II WASTEWATER DISCHARGE PERMITS
A. Class II wastewater discharge permits shall be
expressly subject to all provisions of this
Ordinance and all other regulations, charges for use
and fees established by the District. ' The
conditions of wastewater discharge permits shall be
uniformly enforced by the District in accordance
with this Ordinance and applicable State and Federal
Regulations.
34
B. All Class II users proposing to discharge into a
public sewer shall a wastewater discharge permit by
filing an application pursuant to Section 303.1 and
paying the applicable fees pursuant to Section 303.3
before discharging. For purposes of this Ordinance,
a Class II user is any user:
1. Whose charge for use is greater than the ad
valorem tax basic levy allocated to the
District.
2. Discharging waste other than sanitary; and,
3. Not otherwise required to obtain a Class I
permit.
303.1 Class II Wastewater Discharge Permit ADPlication
A. Users seeking 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 user shall be
required to submit, in units and terms appropriate
for evaluation, the following information:
1. Name, address, assessor's parcel number(s) and
S.I.C. number(s) ; 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
deemed necessary, by the District, including, but
not limited to, those mentioned in Section 210,
Mass Emission Rate Determination, Table I .
Discharge Limits of this Ordinance. These
constituents and characteristics shall be
35
determined by a laboratory of the discharger
approved by the District;
B. 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.
B. Users may also 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. Other information may be required 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
necessary to, protect the District's system.
303.2 Class II Permit Conditions and Limitations
The issuance of a Class II permit may contain any of the
following conditions or limitations.
A. Limits on rate and time of discharge or requirements
for flow regulations and equalization;
B. Requirements to notify the District in writing prior
to the physical expansion of any wet processes;
C. Requirements for the user to construct and maintain,
at his own expense, pH control, flow monitoring
and/or sampling facilities;
36
D. Requirements for submission of technical reports or
discharge reports and waste manifests;
E. Requirements to self-monitor;
F. Requirements for maintaining plant records relating
to wastewater discharge and waste manifests as
specified by District;
G. Predetermined rates or values for wastewater
strength characteristics;
H. Requirement to submit copies of tax and water bills;
I. Other provisions which may be applicable to ensure
compliance with this Ordinance;
J. Other terms and conditions determined by the General
Manager to be necessary to protect the District's
system.
303 .3 Class II Permit Fee
A. The Class II permit fee shall be in an amount
adopted by resolution of the Board of Directors.
The permit fee shall be payable 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 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 623. (E) of this Ordinance.
303.4 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.
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 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.
D3.5 Permit Duration and Renewal
Class II 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.
3.6 Class II 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 II wastewater
discharge permit under the provisions of this
Ordinance shall pay a charge for use in accordance
with the formula contained herein and the unit
charge rates adopted annually by resolution of the
Board of Directors. These fees shall be invoiced on
a quarterly basis. The quarterly invoice shall be
based upon an estimate of the annual use as
38
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. If current property tax bills are not supplied by
the permittee to the District by May 31 of each year
for usq in determining the ad valorem tax credit
and/or the supplemental user fee credit, the
District will endeavor to obtain the correct data.
Data obtained by the District will be considered
correct and will not be adjusted before the next
annual reconciliation process. There will 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 is to be adopted by the District's Board of
Directors.
D. To determine actual annual use the District normally
requires copies of actual water bills as a permit
condition. 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 correct water use data. Data
obtained by the District will be considered correct
and will not be adjusted before the next annual
reconciliation process. There will 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 + 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
39
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..
40
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 BOD 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. 10,000 gallons per employee per year; .
2. SOD and suspended solids to be calculated at
domestic wastewater strength per employee per
year.
(The number of employees will be considered as
the average number of people employed full-time
on a daily basis. This may be determined by
averaging the number of people employed at the
beginning and end of each quarter, or other
period that reflects normal employment
fluctuations. )
304. CLASS III WASTEWATER DISCHARGE PERMITS
A. Class III wastewater discharge permits shall be
expressly subject to all provisions of this
Ordinance and all other regulations, charges for use
and fees established by the District. The
conditions of wastewater discharge permits shall be
uniformly enforced by the District in accordance
with this Ordinance and applicable State and Federal
Regulations.
B. 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;
2. Not required to obtain a Class I or Class II
permit; and
41
3. Whose charge for use is greater than the ad
valorem basic levy tax paid to the District.
C. Unless otherwise stipulated in the permit, Class III
users shall be considered to discharge a domestic
waste equivalent for BOD and suspended solids.
304 .1 Class III Wastewater Discharge Permit Application
A. Users seeking 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 user may be
required to 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. 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;
B. Users may also be required to submit site plans,
floor 'plan, mechanical and plumbing plans and
details to show all sewers, spill containment,
clarifiers, pretreatment systems, and appurtenances
by size, location and elevation for evaluation. ,
42
C. Other information may be required to properly
evaluate the permit application.
D. After evaluation and acceptance of the data
furnished, the District may issue a discharge
permit, subject to terms and conditions set forth in
this Ordinance and as otherwise determined by the
General Manager to be necessary to protect the
District's system.
304.2 Class III Permit Conditions and Limitations
The issuance of a Class III permit may contain any of
the following conditions or limitations:
A. Requirement to submit tax and water bills;
B. Predetermined rate or value for BOD and suspended
solids.
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 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 623. (E) of this Ordinance.
304 .4 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.
43
3. Changes in the requirements of Regulatory
Agencies.
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 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 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 cost of conveying, treating, and
disposing of sewage in District's facilities are
exclusive of any fees levied by local sewering
agencies. The charge for use shall be based on the
total maintenance, operation, capital expenditures
and reserve requirements for providing wastewater
collection, treatment and disposal.
B. A discharger who is issued a Class III wastewater
discharge permit under the provisions of this
Ordinance shall pay a charge for use in accordance
with the provisions contained herein and the unit
charge rates adopted annually by resolution of the
Board of Directors. This charge shall be determined
as follows:
1. An Operations and Maintenance Service Charge for
the total annual operation and maintenance
funding requirements of the sewerage system
established in the adopted budget shall be
allocated to a wastewater flow charge. The
operation and maintenance costs as distributed
44
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. If current property tax bills are not 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, the District will
endeavor to obtain the correct data.
Data obtained by the District will be considered
correct and will not be adjusted before the next
annual reconciliation process. There will 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. To determine actual annual use the District normally
requires copies of actual water bills as a permit
condition. 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
45
endeavor to obtain the correct water use data. Data
obtained by the District will be considered correct
and will not be adjusted before the next annual
reconciliation statement. There will 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.
305. SPECIAL PURPOSE DISCHARGE PERMITS
A. 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 uniformly
enforced by the District in accordance with this
Ordinance and applicable State and Federal
Regulations.
B. A special purpose user proposing to discharge
groundwater, surface runoff, subsurface drainage, or
unpolluted water directly or indirectly to the
District's sewerage facilities (see Section 203,
Limitations on Surface Runoff and Groundwater, and
Section 204, Limitations on Unpolluted Water) shall
obtain a special purpose discharge permit before
discharging. This discharge permit may be granted
when no alternative method of disposal is reasonably
available, or to mitigate an environmental risk or
health hazard.
305. 1 Special Purpose Discharge Permit Application
A. Users 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. After evaluation of the data furnished, the District
may issue a special purpose wastewater discharge
permit, subject to terms and conditions set forth in
this Ordinance and as otherwise determined by the
General Manager to be necessary to protect the
Districts system, NPDES Permit criteria, sludge
management criteria, or the reuse potential of the
water by the District or the Orange County Water
District.
46
305.2 Special Purpose Discharge Permit Conditions and
Limitations
A. Discharge conditions and limitations shall be no less
stringent than Section 205, Limitations on Radioactive
Wastes; Section 209, Limitations on Wastewater
Strength and Characteristics; and Section 210, Mass
Emission Rate Determination. Table L. Local Discharae
Limits.
B. Monitoring requirements for contaminated groundwater
shall be for those non-compatible pollutants known to
exist in the discharge and 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 necessary to protect the
District's Sewerage Facility, Local Sewering Agency,
or to comply with Regulatory Agencies' requirements
and to assess user charges.
305. 3 Special Purpose Discharae 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. Permittee shall also pay
delinquent invoices in full prior to permit renewal.
305.4 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.
47
B. Permittee may request a modification to the terms and
conditions of an issued permit. The request shall be
in writing stating the requested change, and the
reasons for the change. The District shall review the
request, make a determination on the request, and
respond in writing.
C. Permittee shall be informed of any 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 Discharce 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. WASTEHAULER 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 uniformly
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.
48
306. 1 Wastehauler Discharge Permit Application
A. Users seeking 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 user shall be
required to 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 user's
services;
2 . .(Whichever is applicable) Name, address of any
and all principals/owners/major shareholders of
the company; Articles of Incorporation; most
recent Report of the Secretary of State;
Business License;
3 . Name and address of leaseholder of the vehicle
or trailer, if applicable;
4. Number of trucks and trailers and the license
numbers and tank hauling capacity of each.
5. Orange County Health Department Number.
B. other information may be required to properly evaluate
the permit application.
C. 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
necessary to protect the District's system.
306. 2 Wastehauler Discharge Permit Conditions and Limitations
The issuance of a wastehauler permit may contain any of
the following conditions or limitations:
A. Limitations 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
necessary by the General Manager to protect the
49
District's system or as specified by other Regulatory
Agencies.
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.
306. 4 Transferability
The identification decal is non-transferable.
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 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.
B. Permittes may request a modification to the terms
and conditions of an issued permit. The request
shall be in writing stating the requested change,
and the reasons for the change. The District shall
review the request, make a determination on the
request, and respond in writing.
C. Permittee shall be informed of any change in the
permit 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.
50
306.6 Permit Duration and Renewal
Wastehauler discharge permits shall be issued for a
period not to exceed one (1) year. Upon expiration of
the permit, the user shall apply for renewal of the
permit in accordance with the provisions of Article 3.
306.7 Wastehauler Discharge Permit Charge for Use
A charge for use to cover all costs of the District for
providing the disposal station service and monitoring
shall be established by resolution of the Board of
Directors.
307. TRANSPORTABLE TREATMENT UNIT (TTU) DISCHARGE PERMIT
TTU discharge permits shall be expressly subject to all
provisions of this Ordinance and all other regulations,
and fees established by -the District. The conditions of
TTU discharge permits shall be uniformly enforced by the
District in accordance with this Ordinance and
applicable State and Federal Regulations.
307. 1 Transportable Treatment Unit Discharge Permit
Application
A. Users seeking a TTU wastewater discharge permit
shall complete and file with the District, prior to
commencing discharge, an application on the form
prescribed by the District. The user shall be
required to submit, in units and terms appropriate
for evaluation, the following information:
1. Name, address, description of the service
activity, copy of the permit to operate issued
by the State of California, Department of Health
Services;
2 . (Whichever is applicable) name, address of any
and all principals/owners/major shareholders of
company; Articles of Incorporation; most recent
Report of the Secretary of State; Business
License;
3. Volume of wastewater that can be processed;
4. Name of individual, other than officers of
corporation, who can be served with notices.
5. Department of Motor vehicles license plate
number(s) .
51
6. EPA and State Identification Number.
B.. Users may also be required to submit mechanical and
plumbing plans, and details to show all spill
containment, clarifiers and apurtenances by size,
location, and elevation for evaluation.
C. Other information may be required to properly
evaluate the permit application.
D. After evaluation of the data furnished, the District
may issue a TTU wastewater discharge permit, subject
to terms and conditions set forth in this Ordinance
and as otherwise determined by the General Manager
to be necessary to protect the District's system.
307.2 TTU Permit Conditions and Limitations
The issuance of a TTU permit may contain any of the
following conditions or limitations:
A. Mass emission rates or concentrations regulating heavy
metals and other priority pollutants;
B. Limits on rate and time of discharge or requirements
for flow regulation and equalization;
C. Requirements to notify the District in writing 72
hours prior to the discharge of any waste to the
sewer.
D. Requirements for the user to construct and maintain,
at his own expense, pH control, flow monitoring, or
sampling facilities;
E. Requirements for submission of technical reports,
discharge reports, wastehauling records, and waste
manifests;
F. Requirements to self-monitor;
G. Requirements for maintaining plant records relating to
wastewater discharge and waste manifests as specified
by District;
H. Other provisions which may be applicable to ensure
compliance with this Ordinance.
I. Other terms and conditions determined by the General
Manager to be necessary to protect the District's
system.
52
307.3 TTU Discharce Permit Fee
A. The TTU permit fee shall be in an amount adopted by
resolution of the Board of Directors. The permit fee
shall be payable within forty-five (45) days of
invoicing by the District. Payment of permit fees
must be received by the District prior to issuance of
either a new permit or a renewed permit. Permittee
shall also pay any delinquent invoices in full prior
to permit renewal.
B. Any permit issued may be conditioned upon depositing
financial security to guarantee payment of all annual
fees and charges to be incurred, in accordance with
the provisions of Section 623. (E) of this Ordinance.
307.4 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 Districts ' current or anticipated operating
data.
3. Changes in the requirements of Regulatory
Agencies.
B. The permittse 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 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.
53
307. 5 Permit Duration and Renewal
TTU permits shall normally 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 sewage or industrial waste from property
within the District 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 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 an Annual Supplemental Sanitary Sewer Use
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
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 and
will be made under a coordinated plan developed with the
local agency. The more stringent of the industrial waste
discharge regulations and effluent limitations of the
54
District and the local agency shall apply to the
discharger.
The fees for use shall be determined by the District and
set forth in a use agreement with the local sewering
agency.
55
ARTICLE 4
FACILITIES REQUIREMENTS
401. PRETREATMENT FACILITIES
A. All users shall provide wastewater acceptable to the
District, under the limitations 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 improper 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.
402. SPILL CONTAINMENT FACILITIES
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.
403 . MONITORING/METERING FACILITIES
A. 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. Any sample taken from a sample box or other
representative sampling location is considered to be
representative of the discharge to the public sewer.
56
C. 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.
D. Location of the monitoring or metering facilities
shall be subject to approval by the District.
E. Location of the monitoring or metering facilities
shall provide clear and uninterrupted access by the
District.
404. DRAWING SUBMITTAL REQUIREMENTS
A. Detailed plans shall be submitted to the District for
review of existing or proposed construction of
pretreatment facilities, spill containment facilities,
monitoring facilities, metering facilities, and
operating procedures. District approval shall be
received prior to commencement of construction. 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 meet the requirements of this Ordinance
or any requirements of other Regulatory Agencies.
B. Three copies of all drawings shall be submitted for
review.
C. All drawings shall include:
1. North arrow;
2 . Scale size;
3 . User name and address;
4. Drawing name and drawing number;
5. Date drawn or revised;
6. Name of draftsman and name of person approving
drawing.
D. The District may require drawings to scale depicting
the manufacturing process (waste generating sources) ,
spill containment, pretreatment facilities, and/or
monitoring/metering facilities.
E. The District may require a schematic drawing of the
pretreatment facilities.
57
F. The District may require the drawings be prepared by a
California Registered Chemical, Mechanical, or civil
Engineer.
405. WASTE MINIMIZATION REQUIREMENTS
User shall provide waste minimization plans to conserve
water, investigate product substitution, provide inventory
control, implement employee education, and other steps as
necessary to minimize waste produced.
58
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 approved by
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 Reauirements
The District may require reports for self-monitoring
of wastewater constituents and characteristics of
the discharger needed for determining compliance
with any limitation, or requirements as specified in
the user's permit, Federal 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) 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 shall be set forth in the
user's permit. 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
59
any required monitoring and/or to submit monitoring
reports required by the District shall be 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 any limitations 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.
501.1 Inspection and Samplina 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.
H. The District shall have the right to set up 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 will 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 is required to
make available for inspection and copying by the
District all notices, self-monitoring reports, waste
manifests, and records including, but not limited to,
those required in the Federal Pretreatment
Requirements without restriction but subject to the
confidentiality provision set forth in Section 103
herein. All records are to be kept a minimum of three
(3) years.
501. 2 Riaht of Entry
Persons or occupants of premises where wastewater is
created or discharged shall allow the District, or its
representatives, reasonable access during the normal
working day to all parts of the wastewater generating and
disposal facilities for the purposes of inspection and
sampling.
60
501.3 Notification of Spill or Sluc Loadinc
A. In the event the discharger is unable to comply with
any of the permit conditions due to a breakdown of
equipment, accidents caused by human error or acts of
God, or the discharge will exceed the provisions of
Section 209, the discharger shall notify the District
by telephone as soon as the discharger has knowledge
of the incident.
B. Confirmation of this notification shall be made in
writing as soon as possible, but no later than five
(5) working days from the telephone notification. 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.
501.4 Notification of Bypass
A. Bypass of industrial wastewater to the sewer is
prohibited. The District may take enforcement action
against the user, unless:
1. Bypass was unavoidable 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, or maintenance
during normal periods of equipment downtime. This
condition is not satisfied if adequate backup
equipment should have been 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) .
61
B. If a permittee knows in advance of the need for a
bypass, it shall submit prior notice to the District,
if possible at least ten (10) days before the date of
the bypass.
C. The District may approve an anticipated bypass after
considering its adverse effects, if the District
determines that it will meet the conditions listed in
501.4 (A) (1-3) .
D. A permittee shall submit oral notice of an
unanticipated bypass that exceeds their permitted
discharge limitations, to the District, within 24
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 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.
E. 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.
62
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 facilities and treatment processes are
protected and are able to operate with the highest
degree of efficiency, and to protect the public health
and environment, specific enforcement provisions must
be adopted to govern the discharges to the District's
system by industrial discharge permittees.
B. To ensure that all interested parties are afforded due
process of law and that non-compliance and violations
are resolved as soon as possible, the general policy
of the District is that any Probation Order,
Enforcement Compliance Schedule Agreement (ECSA) , or
Regulatory Compliance Schedule Agreement (RCSA) will
be determined and 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 618. A user,
permittee, or applicant for a permit may request the
Executive Committee to hear an appeal on the General
Manager's decision pursuant to Section 619. Such
request may be granted or denied by the Executive
Committee. Any permit suspension or revocation
proposed by the Source Control Division staff 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 619. 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. Non-compliance fees as specified in Tables II and III
may be revised from time to time as adopted by the
District Board of Directors.
63
601. NON-COMPLIANCE WITH PERMIT CONDITIONS AND APPLICABLE FEES
A. Routine Sampling - Procedures
1. Routine 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,
concentrations, permit discharge conditions,
and/or this Ordinance may be determined by an
analysis of a grab or a composite sample of the
effluent of a permittee.
B. Routine Sampling - Non-Compliance Fees
1. If routine sampling of the effluent of a permittee
reveals non-compliance by the permittee with the
mass emission rates or other conditions and
limitations specified in the permittee's discharge
permit, or with any provisions of this Ordinance,
then the permittee shall pay fees to the District
as specified in Article 6, Schedule A of Tables II
and III. The purpose of the non-compliance fees
is to compensate the District for .additional costs
of sampling, monitoring, laboratory analysis,
treatment, disposal, and administrative processing
incurred as a result of the non-compliance, and
shall be in addition to and not in lieu of any
penalties as may be assessed pursuant to Sections
616 and 617.
2. The fees specified shall commence on the date the
sampling is started and shall continue to
accumulate for each day sampled.
64
TABLE II
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATE LIMITS
Dollars Per Pound Per Day
in Excess of Limit*
Schedule Schedule Schedule
"An nBn ',Cie
Arsenic $ 150.00 $ 300.00 $ 450.00
Cadmium 1,500.00 3, 000.00 4, 500.00
Chromium (Total) 150.00 300.00 450.00
Copper 1501.00 300.00 450. 00
Lead 120.00 240.00 360. 00
Mercury - 150.00 300. 00 450. 00
Nickel 75.00 150. 00 225. 00
Silver 150.00 300.00 450. 00
Zinc 75. 00 150.00 225. 00
Cyanide (Total). 75.00 150. 00 225. 00
Cyanide (Amenable) 150.00 300. 00 450. 00
PCB-s 10,000.00 20, 000. 00 30, 000. 00
Pesticides 10,000.00 20, 000. 00 30, 000. 00
Total Toxic Organics 150.00 300. 00 450. 00
Phenols - 75.00 150. 00 225. 00
Dissolved Sulfides 75.00 150.00 225. 00
* There is an additional administration fee, adopted by the
Board of Directors, to process each non-compliance invoice.
65
TABLE III
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATE LIMITS
Dollars Per Hundred Pounds
Per Day in Excess of Limit*
Schedule Schedule Schedule
"A" "B" "L."
S.O.D. $ 15.00 $ 30. 00 $ 45.00
Suspended Solids 15.00 30.00 45.00
Oil and Grease (Animal or
Vegetable Origin) 200.00 400. 00 600.00
Oil and Grease (Mineral or
Petroleum Origin) 300.00 600.00 900.00
Total Dissolved Solids 20.00 40.00 60. 00
Ammonia 20.00 40.00 60. 00
Dollars Per Hour
In Excess of Limit*
PH Range Schedule "A" Schedule "B & C"
<1. 0 $ 125.00 $ 165.00
1.0 - 2 .0 100.00 130. 00
2.1 - 3 .0 75.00 100.00
3 . 1 - 4. 0 50.00 65.00
4. 1 - 5. 0 25.00 35.00
Hourly pH non-compliance will be determined by pH
recording data or grab sample(s) or hourly composite
sample(s) .
* There is an additional administration fee, adopted by the
Board of Directors, to process each non-compliance invoice.
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602. PROBATION ORDER
A. Grounds
In the event the Division Head determines that a
permittee has discharged in violation of any provision
of this ordinance, or the terms, conditions and
limitations 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.
B. Provisions
The issuance of a Probation Order may contain terms
and conditions including, but not limited to,
installation of pretreatment equipment and facilities,
submittal of drawings or technical reports, payment of
fees, limits on rate and time of discharge, or other
provisions to ensure compliance with this Ordinance.
C. Probation Order - Non-Compliance Charges
If at any time while a Probation Order is in effect, a
permittee discharges wastewater to the District's
sewerage system which is not in compliance with the
Probation Order, the terms, conditions, or limitations
specified in the permittee's discharge permit, or with
any provision of the ordinance, then the permittee
shall pay fees to the District as specified in Article
6, Schedule B of Tables II and III of Section 601, and
the permittee may be assessed all other costs incurred
during the sampling, including labor, equipment,
materials, and overhead.
D. Probation Order - Permit Susmension
If at any time while a Probation Order is in effect, a
permittee discharges wastewater to the District's -
sewerage system which is not in compliance with the
Probation Order, the terms, conditions or limitations
specified in the permittee's discharge permit, or with
any provision of this Ordinance, the permittee may be
subject to permit suspension pursuant to the
provisions of Section 605 of this Ordinance.
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E. Probation Order - Expiration
A Probation Order issued by the General Manager shall
be in effect for a period not to exceed ninety (90)
days. Upon satisfactory compliance with the terms of
the Probation Order and expiration thereof, any fees
to be assessed due to subsequent non-compliance by
Permittee shall be in accordance with this Ordinance,
re-established at the rate set forth in Article 6,
Schedule A of Tables II and III. All enforcement
actions thereafter shall be based on applicable
provisions of this Ordinance.
603 . ENFORCEMENT COMPLIANCE SCHEDULE AGREEMENT (ECSA)
A. Grounds
Upon determination that a permittee is in
non-compliance with the terms, conditions or
limitations 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 the 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.
An ECSA shall have a maximum term of one hundred-
eighty (180) days, and upon showing of good cause,
including but not limited to reasonable progress under
the terms of the ECSA, it may be extended by the
General Manager for an additional period not to exceed
one hundred-eighty (180) days. No further extensions
shall be granted except upon approval of the Boards of
Directors.
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
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guarantee, or other provisions to ensure compliance
with this Ordinance.
C. ECSA - Payment of Amounts Owed
An ECSA shall not be approved by the District until
such time as all amounts owed to the District,
including user fees, non-compliance fees, deposits, or
civil penalties are paid in full, or an agreement for
deferred payment secured by collateral or a third
party, is approved by the District. Failure to pay
all amounts owed to the District shall be grounds for
permit suspension or permit revocation as set forth in
Section 605 and 606.
D. ECSA - Non-Compliance Charges _
If, during the term of an ECSA, sampling reveals
non-compliance by the permittee with the terms,
conditions or limitations specified in the ECSA,
user's permit, or any provision of this Ordinance, the
permittee shall pay the fees as specified in Article
6, Schedule B of Tables II and III, and may be
assessed all other costs incurred during the sampling,
including labor, equipment, materials, and overhead.
E. 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 605
or 606 of this Ordinance.
F. ECSA - Expiration
If, following the expiration of an ECSA, ' sampling
reveals non-compliance by the permittee with the
terms, conditions or limitations specified in the
permit, or any provisions of this Ordinance, the
permittee shall pay an amount based on the fees set
forth in Article 6, Schedule B of Tables II and III
for each violation.
If the permittee remains in consistent compliance for
a two-year period following ECSA expiration, then fees
shall be re-established in accordance with Article 6,
Schedule A, Tables II and III. All enforcement
actions thereafter shall be based on applicable
provisions of this Ordinance.
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604. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSAI
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
limitations, the General Manager, upon determination that
an industrial user would not be in compliance with the
future limitations, 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 Charges
During the period said RCSA is in effect, any discharge by
permittee in violation of the RCSA will require payment of
non-compliance fees in accordance with Article 6, Schedule
A of Tables II and III.
D. RCSA - Expiration
Upon RCSA expiration, and in the event of non-compliance
by permittee, non-compliance fees shall be established in
accordance with Article 6, Schedule A of Tables II and
III. All enforcement actions thereafter shall be based on
applicable provisions of this Ordinance.
605. 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;
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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
limitations, 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
fees, or any other fees;
9. Discharges batch dumps to the District's sewerage
system;
10. Violates any condition or limitation of its
discharge permit or any provision of the
District's Ordinance.
B. Notice/Hearing
When the General Manager has reason to believe that
grounds exist for permit suspension, he shall give
written notice thereof by certified mail to the
permittee setting forth a statement of the facts and
grounds deemed to exist, together with the time and
place where ,the charges shall be heard by the General
Manager's designee. The hearing date shall be not
less than fifteen' (15) calendar days nor more than
forty-five (45) calendar days after the mailing of
such notice.
1. At the suspension hearing, the permittee shall
have an opportunity to respond to the allegations
set forth in the notice by presenting written or
oral evidence. The hearing shall be conducted in
accordance with procedures established by the
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General Manager and approved by the District's
General Counsel.
2. After the conclusion of the hearing, the General
Manager's designee shall submit a written report
to the General Manager setting forth a brief
statement of facts found to be true, a
determination of the issues presented,
conclusions, and a recommendation.
Upon receipt of the written report, the General
Manager shall make his determination and should he
find that grounds exist for suspension of the
permit, he shall issue his decision and order in
writing within thirty (30) calendar days after the
conclusion of the hearing by his designee. The
written decision and order of the General Manager
shall be sent by certified mail to the permittee
or its legal counsel/representative at the
permittee's business address.
C. Effect
1. Upon an order of suspension by the General Manager
becoming final, the permittee shall have no right
to discharge any industrial wastewater, directly
or indirectly to the District's system for the
duration of the suspension. All costs for
physically terminating and reinstating service
shall be paid by the permittee.
2. Any owner or responsible management employee of
the permittee shall be bound by the order of
suspension.
3 . An order of permit suspension issued by the
General Manager shall be deemed final upon
delivery to the permitter, unless appealed to the
Executive Committee pursuant to Section 619.
606. 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;
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2. Refuses to provide records, reports, plans, or
other documents required by the District to
determine permit terms, conditions, or
limitations, 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;
S. Does not make timely payment of all amounts owed
to the District for user charges, non-compliance
fees, or any other fees;
9. Discharges a batch dump to the District's sewerage
system;
10. Discharges effluent that causes pass through or
interference with the Districts' collection,
treatment, or disposal system;
11. Fails to submit oral notice or written report of
bypass occurrence;
12. Violates any condition or limitation of its
discharge permit or any provision of the
District's Ordinance;
B. Notice/Hearing
When the General Manager has reason to believe that
grounds exist for the revocation of a permit, he shall
give written notice by certified mail thereof to the
permittee setting forth a statement of the facts and
grounds deemed to exist together with the time and
place where the charges shall be heard by the General
Manager's designee. The hearing date shall be not
less than fifteen (15) calendar days nor more than
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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.
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 permittee.
2 . Any owner or responsible management employee of
the permittee shall be bound by the order of
revocation.
3. Any future application for a permit at any
location within the District by any person subject
to an order of revocation will be considered by
the District after fully reviewing the records of
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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 deemed final upon
delivery to the permittee, unless appealed to the
Executive Committee pursuant to Section 619.
607. WASTEHAULER 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. If the discharge of a
wastehauler is found by the analysis to be in excess of
the concentrations specified in the wastehauler's
discharge permit, the wastehauler shall, after receiving a
demand from the District, identify in writing, all sources
of the discharge.
If it can be proven to the satisfaction of the General
Manager that the discharge is of septic tank/cesspool or
non-industrial origin, then the District may elect not to
accept waste from that particular source.
If the discharge is from an industrial source(s) and
exceeds permit limits, the following shall apply:
A. First Violation
1. Permittee shall pay a non-compliance fee of Five
Hundred Dollars ($500. 00) .
2. The wastehauler permit for disposal privileges
shall be suspended for five (5) days.
H. Second Violation
1. The permittee shall pay a non-compliance fee of
One Thousand Dollars ($1,000.00) .
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.
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608. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. When a discharge of wastes causes an obstruction,
interference, damage, or any other impairment to the
District's facilities or to the operation of those
facilities, the District may assess the costs against
the discharger for the work required to clean or
repair the facility together with expenses incurred to
resume normal operations, and 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. If it can be shown that the discharge is the cause of
the District violating its discharge requirements
established by any Regulatory Agency or incurring
additional expenses or suffering losses or damage to
the facilities, then that discharger shall be
responsible for any costs or expenses incurred by the
District, including regulatory fines, penalties, and
assessments made by other agencies or a court.
609. INDUSTRIAL WASTE PASS THROUGH
If an industrial waste discharge results in a pass through
event affecting the District or its facilities, all costs
associated with the event, including treatment costs,
regulatory fines, penalties, assessments, and other
indirect costs shall be levied against the discharger.
Furthermore, the discharger shall submit to the District
plans to prevent future recurrences to the satisfaction of
the District. A second occurrence shall be grounds for
permit revocation.
610. BATCH DUMPS
When the District determines that a user has discharged
concentrated pollutants to the sewerage system in a manner
or method that is not approved by the District,
non-compliance fees shall be assessed as set forth in
Article 6, Schedule C in Tables II and III. In addition,
the user may be subject to permit suspension or permit
revocation in accordance with Sections 605 and 606 as well
as additional legal enforcement remedies available to the
District.
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611. PUBLISHED NOTICES
In accordance with the requirements of Federal Law, 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
permittee, said publication shall be in the newspaper of
the largest daily circulation published in the District's
service area.
612. PUBLIC NUISANCE
Discharge of wastewater in any manner in violation of this
Ordinance or of any order issued by the General Manager,
as authorized by this Ordinance, is hereby declared a
public nuisance and shall be corrected or abated as
directed by the General Manager. Any person creating a
public nuisance is guilty of a misdemeanor.
613 . TERMINATION OF SERVICE
The District, by order of the General Manager, may
physically terminate sewerage service to any property as a .
term of any order of suspension or revocation of a permit.
All costs for physical termination shall be paid by the
permittee as well as all costs for reinstating service.
614. EMERGENCY SUSPENSION
The District may, by order of the General Manager, suspend
sewerage service or wastehauler discharge service when
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. An Emergency Suspension order is final and
Act appealable.
615. INJUNCTION
Whenever a discharger of wastewater is in violation of or
may potentially violate the provisions of this Ordinance,
the discharger's permit conditions, or any Federal
Pretreatment Standards or Requirements for dischargers, as
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set forth in 40 CFR Section 403 .8 at seq. , or fails to
submit required reports or refuses to allow the Districts
entry to inspect the premises, 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 violations
by the discharger.
616. CIVIL PENALTIES
A. Authority
All users of the District's system and facilities are
subject to enforcement actions administratively or
judicially by the District, U.S. EPA, State of
California Regional Water Quality Control Board, or
the County of Orange District Attorney. Said actions
may be taken pursuant to the authority and provisions
of several laws, including but not limited to: (1)
Federal Water Pollution Control Act, commonly known as
the Clean Water Act (33 U.S.C.A. Section 1251 at
seq. ) ; (2) California Porter-Cologne Water Quality Act
(California Water Code Section 13000 at seq. ) ; (3)
California Hazardous Waste Control Law (California
Health & Safety Code Sections 25100 to 25250) ; and (4)
Resource Conservation and Recovery Act of 1976 (42
U.S.C.A Section 6901 at seq. ) .
B. Recovery of Fines or Penalties
• In the event 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 limitation; or any suspension
or revocation order shall be liable civilly for a
penalty not to exceed $6, 000.00 for each day in which
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such violation occurs. The General Counsel of the
District, upon order of the General Manager, shall
petition the Superior Court to impose, assess, and
recover such penalties.
617. CRIMINAL PENALTIES
Any person who violates any provision of this Ordinance is
guilty of a misdemeanor, which upon conviction is
punishable by a fine not to exceed $1,000.00, or
imprisonment for not more than thirty (30) days, or both.
Each violation may constitute a new and separate violation
and shall be subject to the penalties contained herein.
618. APPEALS TO GENERAL MANAGER
A. General
Any user, permit applicant or permittee affected by
any decision, . action or determination made by the
Division Head may file with the General Manager a
written request for an appeal hearing. The request
must be made within fifteen (15) days of mailing of
the staff's original decision. The request for
hearing shall set forth in detail all facts supporting
the appellant's request.
B. Notice
The General Manager shall, within fifteen (15) days of
receiving the request for appeal, and pursuant to
Section 107, designate a Department Head or other
person to hear the appeal and provide written notice
to the user of the hearing date, time and place. The
hearing date shall not be more than thirty (30) days
from the mailing of such notice by certified mail to
the appellant unless a later date is agreed to by the
appellant. If the hearing is not held within said
time due to actions or inactions of the appellant,
then the staff decision shall be deemed final.
C. Hearing
At the hearing, the appellant shall have the
opportunity to present information supporting its
position concerning the staff's original decision,
action or determination. The hearing shall be
conducted in accordance with procedures established by
the General Manager and approved by the District's
General Counsel.
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D. Written Determination
After the conclusion of the hearing, the Department
Head shall submit a written report to the General
Manager setting forth a brief statement of facts found
to be true, a determination of the issues presented,
conclusions, and a recommendation whether to uphold,
modify or reverse the staff's original decision,
action or determination. Upon receipt of the written
report, the General Manager shall make his
determination and shall issue his decision and order
within thirty (30) calendar days of the hearing by his
designee. The written decision and order of the
General Manager shall be sent by certified mail to the
appellant or its legal counsel/representative at the
appellant-s business address.
The order of the General Manager shall be final in all
respects fifteen (15) days after it is mailed to the
appellant unless a request for hearing is filed with
the Executive Committee pursuant to Section 619.
619. APPEALS TO THE EXECUTIVE COMMITTEE
A. General
If the General Manager's order is adverse to the user,
permit applicant, or permittee, it may, prior to the
date that the General Manager's order becomes final,
file a written request •for hearing to the Executive
Committee of the Joint Boards of Directors accompanied
by an appeal fee in an 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.
The Executive Committee shall grant all requests for a
hearing on appeals concerning permit suspension or
revocation. Whether to grant or deny the request for
a hearing on appeals of other final decisions of the
General Manager shall be the sole discretion of the
Executive Committee.
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The appeal fee shall be refunded if the Executive
Committee denies a hearing or reverses or modifies the
order of the General Manager. The fee is not refunded
if the Executive Committee denies the appeal.
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 permittee 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. Notice
The Board Secretary shall, within fifteen (15) days of
the Executive Committee's determination, provide
written notice to the appellant by certified mail of
the hearing date, time, and place, or the denial. If
a hearing is denied, the General Manager's decision
shall be final fifteen (15) days after the date such
notice is. mailed.
C. Hearing
Except as provided hereafter in Section 619. 1, all
matters of appeal by a permittee under this Section
shall be referred to the Executive Committee. A
member of the Executive Committee may designate
another member or alternate member of the Governing
Board of the same District that the Executive
Committee member represents to serve in the member's
place for purposes of hearing and deciding an appeal
pursuant to this Section. The term Executive
Committee shall thereafter mean the Executive
Committee as modified.
At the hearing, the appellant shall have the
opportunity to present written or oral evidence
supporting its position concerning the original
decision, action or determination, in accordance with
adopted. Rules of Procedure of the Boards of Directors.
D. Written Determination
After the hearing, the Executive Committee shall make
a determination whether to uphold, modify, or reverse
the staff's original decision, action, or
determination as ordered by the General Manager.
al
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.
619.1 Anneal of Charges and Fees
Any user, permit applicant, or permittee affected by any
decision, action, or determination by the District staff,
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 connection charges, sewer use charges, special purpose
discharge use charges and wastehauler fees, but excluding
non-compliance fees set forth in Article 6 (which may be
filed pursuant to Section 619.A. ) , may file an appeal '
which shall be heard by the Board of Directors of the
District in which the appellant's property is located.
All appeals under this Section 619. 1 shall be conducted by
the Board of Directors in the same manner and under the
same rules as appeals to the Executive Committee set forth
in Section 619 A through D, inclusive, above.
620. 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
penalty of ten percent (10%) of the base invoice
amount, not to exceed a maximum of $1, 000.00.
2. Ninety (90) days after date of invoice, a total
penalty of ten percent (10%) of the base invoice
amount, not to exceed a maximum of $4,000.00.
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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.
621. COLLECTION
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.
622. 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 or a permit issued hereunder, the District shall be
entitled to reasonable attorney's fees and costs which may
be incurred in order to enforce any of said terms and
conditions, with or without filing proceedings in court.
623 . 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.
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B. Delinauent 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 the permit
by the District.
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. District
may thereafter issue an amendment to the User's permit
in accordance with the provisions of Article 3 and
Section 623 (E) of this Ordinance.
E. Security
An amendment to a waste discharge permit issued
pursuant to Sections 623 (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 623 (B) , (C) , and (D) , the
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District shall either return the security deposit
posted by the Permittee or credit their account.
624. 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 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, 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
85
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.
F. Notice
In making a final decision, the District shall provide
notice to the party that the time within which
judicial review must be sought is governed by Section
1094. 6 of the Code of Civil Procedure.
86
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 sewering facilities. However, a permit may be
issued for property to be served outside the
boundaries of a local sewering agency if a local
sewering agency makes application for the issuance of
such permit.
C. 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.
87
702 . DISTRICT NO. 1 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,
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
88
destruction of the former building, a credit against
such charge shall be allowed and shall be the
equivalent capital facilities connection charge for
the building being demolished or destroyed, calculated
on the basis of current charges for new construction.
In no case shall such credit exceed the capital
facilities connection charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new
construction or alteration is made to increase the
occupancy of family dwelling buildings or the area of
buildings to be used for other than family dwelling
buildings, the capital facilities connection charge
shall be $1,500 for each dwelling unit added or
created, and, in the case of new construction other
than family dwelling buildings, it shall be $300 per
1,000 square feet of additional floor area contained
within such new construction, provided such new
construction shall contain additional plumbing fixture
units.
89
702. DISTRICT NO. 2 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Recuired
No application for a permit for a connection to a District
sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be
considered until a District capital facilities connection
charge is paid by the applicant. No connection permit
shall be issued unless there is an established use of the
property to be served or a valid building permit issued
which establishes the use of said property.
B. District Connection Charge Amounts
(1) Capital facilities connection charge for new
construction, dwelling buildings:
For each new dwelling unit constructed, the capital
facilities connection charge shall be $1,500 per
dwelling unit.
(2) Capital facilities connection charge for existing
dwelling buildings: -
For the connection of each existing dwelling building,
the capital facilities connection charge shall be
$1,500 per dwelling unit.
(3) Capital facilities connection charge for new
construction and existing structures, other than
dwelling buildings:
For all other new construction, including, but not
limited to, commercial and industrial buildings,
hotels and motels and public buildings, the capital
facilities connection charge shall be $300 per 1, 000
square feet of floor area contained within such
construction, provided that the minimum capital
facilities connection charge for such new construction
shall be $1, 500.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the
capital facilities connection charge shall be
calculated on the same basis as provided in paragraphs
(A) and (C) above. If such replacement construction
is commenced within two (2) years after demolition or
destruction of the former building, a credit against
such charge shall be allowed and shall be the
90
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,. provided such new
construction shall contain additional plumbing fixture
units.
91
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.
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 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 replacintj 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
92
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, provided such new
construction shall contain additional plumbing fixture
units.
93
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.
H. 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
94
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 contained within such new
construction, provided that new construction shall
contain additional plumbing fixture units.
(6) Payment of capital facilities connection charges shall
be required at the time of issuance of the building
permit for all construction within the District,
excepting in the case of a building legally exempt
from the requirement of obtaining a building permit in
the City of Newport Beach. The payment of the capital
facilities connection charge for such exempt buildings
will be required at the time of, or prior to, the
issuance of a plumbing connection permit for any
construction within the District.
95
702. DISTRICT NO. 6 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Recuired
No application for a permit for a connection to a District
sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be
considered until a District capital facilities connection
charge is paid by the applicant. No connection permit
shall be issued unless there is an established use of the
property to be served or a valid building permit issued
which establishes the use of said property.
B. District Connection Charge Amounts
(1) Capital facilities connection charge for new
construction, dwelling buildings:
For each new dwelling unit constructed, the capital
facilities connection charge shall be $1,500 per
dwelling unit.
(2) Capital facilities connection charge for existing
dwelling buildings:
For the connection of each existing dwelling building,
the capital facilities connection charge shall be
$1, 500 per dwelling unit.
(3) ' Capital facilities connection charge for new
construction and existing structures, other than
dwelling buildings:
For all other new construction, including, but not
limited to, commercial and industrial buildings,
hotels and motels and public buildings, the capital
facilities connection charge shall be $300 per 1,000
square feet of floor area contained within such
construction, provided that the minimum capital
facilities connection charge for such new
construction shall be $1,500.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the
capital facilities connection charge shall be
calculated on the same basis as provided in paragraphs
(A) and(C) above. If such replacement construction is
commenced within two (2) years after demolition or
destruction of the former building, a credit against
96
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 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.
97
702 DISTRICT NO. 7 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Recuired
No application for a permit for a connection to a District
sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be
considered until a District capital facilities connection
charge is paid by the applicant. No connection permit
shall be issued unless there is an established use of the
property to be served or a valid building permit issued
which establishes the use of said property.
B. District Connection Charge Amounts
(1) Capital facilities connection charge for new
construction, dwelling buildings:
For each new dwelling unit constructed, the capital
facilities connection charge shall be $1,500 per
dwelling unit.
(2) Capital facilities connection charge for existing
dwelling buildings:
For the connection of each existing dwelling building,
the capital facilities connection charge shall be
$1,500 per dwelling unit.
(3) Capital facilities connection charge for new
construction and existing structures, other than
dwelling buildings:
For all other new construction, including but not
limited to, commercial and industrial buildings,
hotels and motels and public buildings, the capital
facilities connection charge shall be $300 per 1, 000
square feet of floor area contained within such
construction, provided that the minimum capital
facilities connection charge for such new construction
shall be $1, 500.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the
capital facilities connection charge shall be
calculated on the same basis as provided in
paragraphs(A) and (C) above. If such replacement
98
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 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.
(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 less than $400,
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
99
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.
100
702. DISTRICT NO. 11 CAPITAL FACILITIES CONNECTION CHARGES
A. District Connection Permit Required
No application for a permit for a connection to a District
sewerage facility or to any sewerage facility which
discharges into a District sewerage facility shall be
considered until a District capital facilities connection
charge is paid by the applicant. No connection permit
shall be issued unless there is an established use of the
property to be served or a valid building permit issued
which establishes the use of said property.
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
101
destruction of the former building, a credit against
such charge shall be allowed and shall be the
equivalent capital facilities connection charge for
the building being demolished or destroyed, calculated
on the basis of current charges for new construction.
In no case shall such credit exceed the capital
facilities connection charges.
(5) Capital facilities connection charges for additions or
alterations of existing buildings:
In the case of structures where further new
construction or alteration is made to increase the
occupancy of family dwelling buildings or-the area of
buildings to be used for other than family dwelling
buildings, the capital facilities connection charge
shall be $1,500 for each dwelling unit added or
created, and, in the case of new construction other
than family dwelling buildings, it shall be $300 per
1, 000 square feet of additional floor area contained
within such new construction, provided such new
construction shall contain additional plumbing fixture
units.
102
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 motels and buildings, the capital facilities
connection charge shall be $300 per 1,000 square feet
of floor area contained within such construction,
provided that the minimum capital facilities
connection charge for such new construction shall be
$1,500.
(4) Capital facilities connection charge for replacement
buildings:
For new construction replacing former buildings, the
capital facilities connection charge shall be
calculated on the same basis as provided in Paragraphs
(A) and (C) above. If such replacement construction
103
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.
(6) Capital facilities connection charges will be assessed
to local government agencies for connecting directly
or indirectly to the Districts' sewerage facilities.
703. ANNUAL SUPPLEMENTAL SANITARY SEWER USE 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 an annual
supplemental sanitary sewer use 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.
104
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 annual supplemental 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.
105
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.
106
ARTICLE 9
(RESERVED)
901.
107
Section 11: 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 thirty
(30) days after its adoption by the Board of Directors.
PASSED AND ADOPTED by the Board of Directors of County
Sanitation District No. 13 of Orange County, California, at a
regular meeting held August 9, 1989.
h�
Ch irman of t e board of Directors
County Be ation District No. 13
of Orange ounty, California
ATTEST:
Secretary of1the Board of Directors
County Sanitation District No. 13
of Orange County, California
108
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I, RITA J. BROWN, Secretary of the Board of Directors of County
Sanitation District No. 13 of Orange County, California, do hereby certify that
the above and foregoing Ordinance No. 1305 was passed and adopted at a regular
meeting of said Board on the 9th day of August, 1989, by the following vote,
to wit:
AYES: Iry Pickler, Chairman pro tem, Don R. Roth and Don E. Smith
NOES: None
ABSTENTIONS: None
ABSENT: Henry W. Wedaa and Wayne D. Wedin
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of August,
1989.
Rita Brown
Secretary of the Board of Directors
County Sanitation District No. 13
of Orange County, California