HomeMy WebLinkAboutOCSD-01 REPEALED BY
OCSD-31
ORDINANCE NO. OCSD-01
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ADOPTING WASTEWATER
DISCHARGE REGULATIONS AS A RE-ENACTMENT OF THE
REGULATIONS ADOPTED AND IN EFFECT BY PREDECESSOR
SANITATION DISTRICTS
WHEREAS, the Boards of Directors of former County Sanitation Districts Nos. 1,
2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the "Predecessor Districts"),
predecessors-in-interest to the Orange County Sanitation District (the "District"),
previously, by duly adopted Ordinances, established Wastewater Discharge
Regulations, as authorized by law; and,
WHEREAS, the Board of Directors of the District has determined that it is
necessary, for the immediate preservation of the public health and safety, and in order
to continue the provision of sanitary sewer services, to continue the provisions of those
Ordinances in effect without interruption; and,
WHEREAS, the District is, concurrently herewith, enacting Ordinance No.
OCSD-02, establishing separate revenue areas based upon numerous factors,
including but not limited to, geographical features, Predecessor Districts' boundaries,
drainage areas, and costs of service, with the intention that fees and charges, including
annexation fees, would continue at the same rate within a revenue area as existed in
the Predecessor District, except to the extent of any individual adjustments based upon
approved studies and reports; and,
The Board of Directors of Orange County Sanitation District does hereby FIND:
A. That a comprehensive 30-year Master Plan of Capital Facilities entitled,
"Collection, Treatment and Disposal Facilities Master Plan - 1989", hereinafter the
"Master Plan", which includes detailed financial and engineering reports, has been
prepared, approved and adopted by the Boards of Directors of the Predecessor
Districts identifying the required future development of District facilities, including the
financial projections for providing sewer service to all properties within the District's
service areas; and,
B. That the District is required by federal and state law, including the Clean
Water Act (33 U.S.C. 1251, et sec.), the General Pretreatment Regulations (40 C.F.R.
403), and the Porter-Cologne Water Quality Control Act (Water Code Sections 13000
et sec.), to implement and enforce a program for the regulation of wastewater
discharges to the District's sewers; and,
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C. That the District is required by federal, state and local law to meet
applicable standards of treatment plant effluent quality; and,
D. That the adoption of this Ordinance is statutorily exempt under the
California Environmental Quality Act pursuant to the provisions of Public Resources
Code Section 21080(b)(8) and California Code of Regulations Section 15273(a).
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District 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 Federal, State and local
Regulations, and by providing procedures that will allow the District to
comply with requirements placed upon the District by other regulatory
agencies. The revenues to be derived from the application of this
Ordinance shall be used to defray all costs of providing sewerage service
by the District, including, but not limited to, administration, operation,
monitoring, maintenance, financing, capital construction, replacement and
recovery, and provisions for necessary reserves.
B. This Ordinance shall be interpreted in accordance with the definitions set
forth in Section 102. The provisions of the Ordinance shall apply to the
direct or indirect discharge of all liquid wastes carried to facilities of the
District.
C. To comply with Federal, State, and local policies and to allow the
District to meet applicable standards of treatment plant effluent quality,
sludge quality, and air quality, provisions are made in this Ordinance for
the regulation of wastewater discharges to the public sewer. This
Ordinance establishes quantity and quality limits on all wastewater
discharges which may adversely affect the District's sewerage systems,
processes, effluent quality, sludge quality, air emission characteristics, or
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inhibit the District's ability to beneficially reuse or dispose of its sludge or
meet sludge discharge criteria. It is the intent of these limits to improve
the quality of wastewater being received for treatment and to encourage
water conservation and waste minimization by all users connected to a
public sewer. It is the District's intent to limit future increases in the
quantity (mass emission) of waste constituents being discharged. This
Ordinance also provides for regulation of the degree of waste
pretreatment required, the issuance of permits for wastewater discharge
and connections and other miscellaneous permits, and establishes
penalties for violation of the Ordinance.
D. Since the District is committed to a policy of wastewater reclamation and
reuse in order to provide an alternate source of water supply, the
implementation of programs for reclamation through secondary and
tertiary wastewater treatment processes may necessitate more stringent
quality requirements on wastewater discharges. In the event that more
stringent quality requirements are necessary, the Ordinance will be
amended to reflect those changes.
E. Since the District is committed to a policy for the beneficial use of
sludge, the implementation of programs to land-apply or provide for the
marketing and distribution of sludge may necessitate more stringent
quality requirements on wastewater discharges.
F. Since the District is also committed to meet applicable air quality goals
established by the South Coast Air Quality Management District, more
stringent quality requirements on wastewater discharges may be required
to meet such goals.
102. DEFINITIONS
A. Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for the Examination of
Water and Wastewater, published by the American Public Health
Association, the American Water Works Association and the Water
Pollution Control Federation.
The testing procedures for waste constituents and characteristics shall be
as provided in 40 CFR 136 (Code of Federal Regulations; Title 40;
Protection of Environment, Chapter I, Environmental Protection Agency;
Part 136, Test Procedures for the Analyses of Pollutants), or as specified.
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Other terms not herein defined are defined as being the same as set forth
in the International Conference of Building Officials Uniform Building
Code, Current Edition.
1. Ad Valorem Tax shall mean that portion of the basic tax allocated
for the benefit of an individual District on the assessed value of
land and improvements within its boundaries, exclusive of bonded
indebtedness.
2. Assessed Value shall mean that portion of the total assessed value
of the land and improvements upon which taxes are collected and
allocated.
3. Biochemical Oxygen Demand (BOD) shall mean the measure of
biodegradable organic material in domestic or other wastewaters
as represented by the quantity of oxygen utilized over a period of
five days at 20 degrees centigrade and as determined by the
appropriate testing procedures, and expressed in terms of mass
and/or concentration [pounds per day or milligrams per liter
(mg/L)].
4. Board shall mean the Board of Directors of the Orange County
Sanitation District.
5. Bypass shall mean the intentional diversion of wastestreams from
any portion of an industrial user's treatment facility.
6. Capital Facilities Connection Charge shall mean the one-time
payment of a fee, imposed by the governing Board of the District,
to pay for the future costs of constructing new sewerage collection,
treatment, and disposal facilities, the replacement, rehabilitation, or
reconstruction of existing facilities; and as a contributive share of
the cost of the existing facilities. Said charge shall be paid by all
property owners at the time they develop the property and connect
directly or indirectly to the District sewerage facilities as a new
system user. This charge, whose rates areas set forth in a
separate Ordinance, is expressly authorized by the provisions of
California Health & Safety Code Sections 5471 and 5474.
7. RESERVED
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8. Charge For Use shall mean the District's sanitary sewer service
charge, a charge established and levied by the District upon
residential, commercial and industrial users of the District's system,
pursuant to Sections 302.6(F)2, or 303.6(F)2 of this Ordinance, in
proportion to the use of the treatment works by their respective
class, that provides for the recovery of the costs of operation and
maintenance expenses, capital facilities rehabilitation or
replacement, and adequate reserves for the sewage treatment
works.
9. Chemical Oxygen Demand (COD) shall mean the measure of
chemically oxidizable material in domestic or other wastewaters as
determined by appropriate testing procedures and expressed in
terms of milligrams per liter.
10. Class I User shall mean any user who discharges wastewater that:
a) Is subject to Federal Categorical Pretreatment Standards, or
b) averages 25,000 gallons per day or more of regulated
process wastewater; or
c) is determined by the General Manager to have a reasonable
potential for adversely affecting the District's operation or for
violating any pretreatment standard, local limit, or discharge
requirement; or
d) may cause, as determined by the General Manager, pass
through or interference with the District sewerage facilities.
11. Class II User shall mean any industrial user whose charge for use
is greater than the ad valorem tax basic levy allocated to the
District, exclusive of debt service, that discharges wastes other
than sanitary, and that is not otherwise required to obtain a Class I
permit.
12. RESERVED
13. Code of Federal Regulations (CFR) shall mean the codification of
the general and permanent regulations published in the Federal
Register by the executive departments and agencies of the Federal
Government.
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14. Compatible Pollutant shall mean a combination of biochemical
oxygen demand, suspended solids, pH, fecal ooliform bacteria,
plus other pollutants that the District's treatment facilities are
designed to accept and/or remove. Compatible pollutants are
non-compatible when discharged in quantities that have an
adverse effect on the District's system or NPDES permit, or when
discharged in qualities or quantities violating any Federal
Categorical Pretreatment Standard, local limit, or other discharge
requirement.
15. Composite Sample shall mean a collection of individual samples
obtained at selected intervals based on an increment of either flow
or time. The resulting mixture (composite sample)forms a
representative sample of the wastestream discharged during the
sample period. Samples will be collected when manufacturing,
processing, or other industrial wastewater discharge occurs.
16. Connection Permit shall mean a permit issued by the governing
District, upon payment of a capital facilities connection charge,
authorizing the permittee to connect directly to a District sewerage
facility or to a sewer which ultimately discharges into a District
sewerage facility.
17. RESERVED
18. Cyanide. (Amenable) shall mean those cyanides amenable to
chlorination as described in 40 CFR 136.3.
19. Department Head shall mean that person duly designated by the
General Manager to direct the Technical Services Department,
including the Source Control Division Laboratory and perform
those delegated duties as specified in this Ordinance.
20. Development shall mean parcel of land on which dwelling units,
commercial or industrial buildings or other improvements are built.
21. Discharger shall mean any person who discharges or causes a
discharge of wastewater directly or indirectly to a public sewer.
Discharger shall mean the same as User.
22. District shall mean the Orange County Sanitation District.
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23. District Sewerage Facility or System shall mean any property
belonging to the District used in the treatment, reclamation, reuse,
transportation, or disposal of wastewater, or sludge.
24. Division Head shall mean that person duly designated by the
General Manager to implement the District's Source Control
Program and perform the duties as specified in this Ordinance.
25. Domestic Wastewater shall mean the liquid and solid waterborne
wastes derived from the ordinary living processes of humans of
such character as to permit satisfactory disposal, without special
treatment, into the public sewer or by means of a private disposal
system.
26. Dwelling Unit shall mean a single unit providing complete,
independent living facilities for one or more persons, which may
include permanent provisions for living, sleeping, eating, cooking
and sanitation.
For the purpose of this Ordinance, a mobile home shall be
considered as a Dwelling Unit. More than one Dwelling Unit per
structure and/or lot shall be deemed multiple Dwelling Units.
27. Enforcement Compliance Schedule Agreement (ECSA) shall mean
a mutual agreement between the District and permittee amending
the permit to require implementation of necessary pretreatment
practices and/or installation of equipment to ensure permit
compliance.
28. RESERVED
29. Federal Categorical Pretreatment Standards shall mean any
regulation containing pollutant discharge limits promulgated by the
U.S. EPA in accordance with Sections 307(b) and (c) of the Clean
Water Act (33 U.S.C. 1317)which apply to a specific category of
industrial users and which appear in 40 CFR Chapter I, Subchapter
N, Parts 405-471.
30. Federal Regulations shall mean any applicable provision of the
Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, Title 33, United States Code, Section
1251 and following, and any regulation promulgated by the United
States Environmental Protection Agency under Title 40 CFR
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implementing that act.
31. Floor Area shall mean the area included within the surrounding
exterior walls of a building or portion thereof, exclusive of ramps,
docks, vent shafts, and courts. The floor area of a building, or
portion thereof, not provided with surrounding exterior walls shall
be the usable area under the horizontal projection of the roof or
floor above.
32. Flow Monitoring Facilities shall mean equipment and structures
provided at the users 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).
34. Grab Sample shall mean a sample taken from a waste stream on a
one-time basis without regard to the flow in the waste stream and
Without consideration of time.
35. Industrial Use shall mean any user that discharges industrial
wastewater.
36. Industrial Wastewater shall mean all liquid-carried wastes and
wastewater of the community, excluding domestic wastewater, and
shall include all wastewater from any producing, manufacturing,
processing, agricultural, or other operation. These may also
include wastes of human origin similar to domestic wastewaters.
37. Infectious Waste shall mean materials which are likely to transmit
etiologic agents which cause, or significantly contribute to the
cause of, increased morbidity or mortality of human beings, as
more specifically set forth in Health and Safety Code Section
25117.5.
38. Inspector shall mean a person authorized by the General Manager
to inspect any existing or proposed wastewater generation,
conveyance, processing, and disposal facilities.
39. Interference shall mean any discharge which, alone or in
conjunction with discharges from other sources, inhibits or disrupts
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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 Sewering Agency shall mean any public agency or private
corporation responsible for the collection and disposal of
wastewater to the District's sewerage facilities duly authorized
under the laws of the State of California to construct and/or
maintain public sewers.
42. Maior Violation shall mean a discharge over the permitted
discharge limit, as determined by the result of a composite sample
analysis, as follows:
a) a discharge exceeding a mass emission limit by 20% or
more, or
b) a discharge exceeding a concentration limit by 20% or more,
or
c) a pH discharge less than 5.0.
43. Mass Emission Rate shall mean the weight of material discharged
to the sewer system during a given time interval. Unless otherwise
specified, the mass emission rate shall mean pounds per day of a
particular constituent or combination of constituents.
44. May shall mean permissive.
45. Medical Waste shall mean the discharge of isolation wastes,
infectious agents, human blood and blood byproducts, pathological
wastes, sharps, body parts, fomites, etiologic agents, contaminated
bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis wastes.
46. Milligrams Per Liter (mall-) 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
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per million, to which it is approximately equivalent in reporting the
results of water and wastewater analysis.
47. Minor Violation shall mean a discharge over the permitted
discharge limit as determined by the result of a composite sample
analysis, as follows:
a) a discharge exceeding a mass emission limit by less than
20%, or
b) a discharge exceeding a concentration limit by less than
20%, or
c) a pH discharge equal to or greater than 5.0, but less than
6.0, or
d) a pH discharge greater than 12.0.
48. National Pollutant Discharae Elimination System (NPDES) shall
mean the permit issued to control the discharge to surface waters
of the United States as detailed in Public Law 92-500, Section 402.
49. New Construction shall mean any structure planned or under
construction for which a connection permit has not been issued.
50. New Source shall mean those sources that are new as defined by
40 CFR 403.3(k) as revised.
51. Non-Compatible Pollutant shall mean any pollutant which is not a
compatible pollutant as defined herein.
52. Normal Workina Day shall mean the period of time during which
production or operation is taking place or any period during which
discharge to the sewer is occurring.
53. RESERVED
54. Ordinance shall mean that document entitled "Wastewater
Discharge Regulations" containing District requirements,
conditions, and limits for connecting and discharging to the sewer
system, as may be amended and modified.
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55. pH shall mean both acidity and alkalinity on a scale ranging from 0
to 14 where 7 represents neutrality, numbers less than 7 increasing
acidity, and more than 7 increasing alkalinity, and is the logarithm
of the reciprocal of the quantity of hydrogen ions in moles per liter
of solution.
56. Pass Through shall mean discharge through the District's
sewerage facilities to waters of the U.S. which, alone or in
conjunction with discharges from other sources, is a cause of a
violation of the District's NPDES permit.
57. Permittee shall mean a person who has received a permit to
discharge wastewater into the District's sewerage facilities subject
to the requirements and conditions established by the District.
58. Person shall mean any individual, partnership, firm, association,
corporation or public agency, including the State of California and
the United States of America.
59. Pesticides shall mean those compounds classified as such under
Federal or State law or regulations including, but not limited to
those listed in Section 209.B.4
60. Pollutant shall mean any constituent or characteristic of
wastewaters on which a discharge limit may be imposed either by
the District or the regulatory bodies empowered to regulate the
District.
61. Polychlorinated Biphenvls (PCB) shall mean those compounds
classified as such under Federal or State law including, but not
limited to those listed in Section 209.B.3
62. Pretreatment shall mean the reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater to a level authorized by the
District prior to discharge of the wastewater into the District's
system. The reduction or alteration can be obtained by physical,
chemical or biological process, or process changes by other
means.
63. Pretreatment Facility shall mean any works or devices that the
General Manager determines are appropriate to treat, restrict, or
prevent the flow of industrial wastewater prior to discharge into a
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public sewer.
64. Priority Pollutants shall mean the most recently adopted list of toxic
pollutants identified and listed by EPA as having the greatest
environmental impact. They are classed as non-compatible
pollutants and may require pretreatment prior to discharge in order
to prevent:
a) interference with the District's operation; or
b) sludge contamination; or
c) pass through into receiving waters or into the atmosphere.
65, Public Agency shall mean the State of California and any city,
county, district, other local authority or public body of or within this
State.
66. Public Sewer shall mean a sewer owned and operated by the
District, a city or other local sewering agency which is tributary to
the District's sewerage facilities.
67. RCRA shall mean Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6901, at seq.) and as amended.
68. Regulatory Agencies shall mean those agencies having jurisdiction
over the operation of the District including, but not limited to, the
following:
a) United States Environmental Protection Agency, Region IX, San
Francisco and Washington, DC (EPA).
b) California State Water Resources Control Board (SWRCB).
c) California Regional Water Quality Control Board, Santa Ana
Region (RWQCB).
d) South Coast Air Quality Management District (SCAQMD).
e) California Department of Health Services (DOHS).
69. Reoulatory Compliance Schedule Agreement (RCSA) shall mean
an agreement between the District and permittee requiring the
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permittee to implement pretreatment practices and/or install
equipment to ensure compliance with future revised categorical
pretreatment standards or revised discharge limits.
70. Sample Point shall mean a location approved by the District, from
which wastewater can be collected that is representative in
content and consistency of the entire flow of wastewater being
sampled.
71. Sampling Facilities shall mean structure(s) provided at the user's
expense for the District or user to measure and record wastewater
constituent mass, concentrations, collect a representative sample,
or provide access to plug or terminate the discharge.
72, Sanitary Waste shall mean domestic wastewater, human
excrement and gray water (household showers, dishwashing
operations, etc).
73. Septic Waste shall mean any sewerage from holding tanks such as
chemical toilets, campers, trailers, and septic tanks.
74. Sewage shall mean wastewater.
75. Sewerage Facilities or system shall mean any and all facilities
used for collecting, conveying, pumping, treating, and disposing of
wastewater and sludge.
76. Shall means mandatory.
77. Significant Non-Compliance (SNC) shall mean the compliance
status of an industrial user who is in violation of one or more of the
following criteria:
a) chronic violations of discharge limits. Defined as occurring
when 66 percent or more of all measurements taken during
a six-month period exceed the daily maximum or the
average limit for the same pollutant;
b) acute violations of discharge limits. Defined as occurring
when 33 percent or more of all measurements taken during
a six-month period equal or exceed the product of the daily
average maximum limit or the average limit times the
applicable Technical Review Criteria (TRC)for BOD, TSS,
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fats, oil and grease. TRC = 1.4 for BOD, TSS, fats, and oil
and grease. The TRC for all other pollutants except pH =
1.2.
c) any other violation of a pretreatment effluent limit that the
District determines has caused, either alone or in
combination with other discharges, interference or pass
through;
d) any discharge of a pollutant that has caused imminent
endangerment to human health, welfare, or the environment
OF has resulted in the District's exercise of its emergency
authorities;
e) exceeding by 90 days or more the scheduled date of a
compliance schedule milestone contained in an ECSA,
RCSA, probation order, or other enforcement order, for
starting construction, completing construction, or for
attaining final compliance;
f) failure to provide required reports including but not limited to
periodic self-monitoring reports and reports on compliance
with compliance schedules within 30 days of the due date;
g) failure to accurately report noncompliance with discharge
limits or any other requirements applicable to the user
pursuant to this Ordinance; or
h) any other violation or group of violations that the District
determines will adversely affect the operation or
implementation of the District's pretreatment program.
78. Slug Load shall mean a discharge that exceeds the prohibitions
stated in Section 209 and significantly exceeds the usual user flow
or pollutant loading, either mass or concentration.
79. Sludge shall mean any solid, semi-solid or liquid decant, subnate
or supemate from a manufacturing process, utility service, or
pretreatment facility.
so Speda Purpose User shall mean any discharger who is granted a
Spec @ Purpose Discharge Permit by the District to discharge
unp-- luted water, storm runoff, or groundwater to the District's
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sewerage facilities.
81. Spent Solutions shall mean any concentrated industrial
wastewater.
82. Spill Containment shall mean a protection system installed by the
permittee to prohibit the discharge to the sewer of non-compatible
pollutants.
83. 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.
84. 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.
85. 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.
86. 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.
87. Total Organic Carbon (TOC) shall mean the measure of total
organic carbon in domestic or other wastewater as determined by
the appropriate testing procedure.
88. Unpolluted Water shall mean water to which no pollutant has been
added either intentionally or accidentally.
89. User shall mean any person who discharges or causes a discharge
of wastewater directly or indirectly to a public sewer. User shall
mean the same as Discharger or Industrial User.
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90. 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.
91. Waste Manifest shall mean that receipt which is retained by the
generator of hazardous wastes as required by the State of
California or the United States Government pursuant to RCRA, or
the California Hazardous Materials Act, or that receipt which is
retained by the generator for recyclable wastes or liquid
non-hazardous wastes as required by the District.
92. Wastehauler shall mean any person carrying on or engaging in
vehicular transport of waste as part of, or incidental to, any
business 9or the purpose of discharging said waste into the
D.str',ct's system.
Wastewater shall mean the liquid and water-carried wastes of the
community and all constituents thereof, whether treated or
untreated, discharged into or permitted to enter a public sewer.
94. Wastewater Constituents and Characteristics shall mean the
nt ividual chemical, physical, bacteriological, and radiological
pararie;ers, including volume and flow rate and such other
parameters that serve to define, classify or measure the quality and
qua-tity of wastewater.
B. Words used in this Ordinance in the singular may include the plural and
the plum the singular. Use of masculine shall mean feminine and use of
feminine shall mean masculine. Shall is mandatory; may is permissive or
discretionary.
103. CONFIDENTIAL INFORMATION
All user information and data on file with the District shall be available to the
public and governmental agencies without restriction unless the user specifically
requests and is able to demonstrate to the satisfaction of the District that the
release of such information would divulge information, processes or methods
which would be detrimental to the user's competitive position. The
demonstration of the need for confidentiality made by the permittee must meet
the burden necessary for withholding such information from the general public
under applicable State and Federal Law. Any such claim must be made at the
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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. TRANSFER OF PERMITS
A. Permits issued under this Ordinance are for a specific user, for a specific
operation at a specific location or for a specific wastehauler, and create
no vested rights.
1. No permit may be transferred to allow a discharge to a public
sewer from a point other than the location for which the permit was
originally issued.
2. Except as expressly set forth herein, no permit for an existing
facility may be transferred to a new owner and/or operator of that
facility.
B. At least thirty (30) days prior to the sale or transfer of ownership of any
business operating under a permit issued by the District, the permittee
shall notify the District in writing of the proposed sale or transfer. The
successor owner shall apply to the District for a new permit at least fifteen
(15) days prior to the sale or transfer of ownership in accordance with the
provisions of this Ordinance. A successor owner shall not discharge any
wastewater for which a permit is required by this Ordinance until a permit
is issued by the District to the successor owner.
C. Notwithstanding the foregoing, the District may, in its discretion, allow the
transfer of a permit to a new owner and/or operator, at the same location
for which the permit was originally issued, if.,
1. The existing permittee and the proposed new owner and/or
operator provide the District with written notification of the intended
transfer at least thirty (30) days in advance of the transfer date;
and
2. The District approves, in writing, the permit transfer prior to
commencement of operations by the new owner and/or operator.
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D. The written notification of intended transfer shall be in a form approved by
the District and shall include a written certification by the new owner
and/or operator which,
1. States that the new owner or operator has no immediate intent to
modify the facility's operations and/or processes;
2. Identifies the specific date on which the transfer is to occur; and
3. Acknowledges that the new owner or operator is fully responsible
for complying with the terms and conditions of the existing permit
and all provisions of this Ordinance.
105. EFFECT OF TRANSFER OF PERMITS
Except as expressly set forth in Section 104.C, any permit which is transferred to
a new owner and/or operator or to a new facility is void.
106. AUTHORITY
The District is regulated by several agencies of the United States Government
and ti-e 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
proh',b by the adoption of ordinances or resolutions, and by issuance of
discharge pe-mits. the discharge of any waste, directly or indirectly, to the
D-stria s sewerage facilities. Said authority includes the right to establish limits,
coa-dl;:cns. and Arch b `ons; to establish flow rates or prohibit flows discharged
to the Disrbt's sewerage facilities; to require the development of compliance
schec.:les for the i-stallation 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 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 charges 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 any
person so authorized by the General Manager.
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108. SIGNATORY REQUIREMENTS
Reports and permit applications required by this Ordinance 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 perjury 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).
ARTICLE 2
GENERAL PROHIBITIONS AND LIMITS ON DISCHARGES
201. PROHIBITED DISCHARGES
A. No person shall discharge or cause to be introduced a quantity or quality
of wastewater directly or indirectly to sewerage facilities owned by or
tributary to the District's sewerage facilities which causes, or is capable of
causing, either alone or by interaction with other 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. Toxic gases, vapors, or fumes within the sewerage facilities in a
quantity that may cause acute worker health and safety problems.
6. Pass through or interference.
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54070 1 19
7. The District's effluent to fail a toxicity test.
B. The District's effluent or any other product of the treatment
process, residues, sludges or scums, to be unsuitable for
reclamation, reuse or disposal.
9. Discoloration, pass through, or any other condition which affects
the quality of the District's influent or effluent in such a manner that
inhibits the District's ability to meet receiving water quality, sludge
quality, or air quality requirements established by Regulatory
Agencies.
10. Excessive foaming in the sewerage facilities.
11, Conditions which violate any statute, regulation, or ordinance of
any public agency or Regulatory Agency having jurisdiction over
the operation of or discharge of wastewater through the sewerage
facilities.
B. No person shall discharge wastewater, delivered by vehicular transport,
rail car, or dedicated pipeline, directly or indirectly to the District's
sewerage facilities which wastewater contains any substance that is
defined as a hazardous waste by the Regulatory Agencies.
C. No person shall transport waste from one location or facility to another for
the purpose of treating or discharging it directly or indirectly to the
District's sewerage system without written permission from the District.
D. No user shall increase the contribution of flow, pollutants, or change the
nature of pollutants where such contribution or change does not meet
applicable standards and requirements or where such contribution would
cause the District to violate any Federal, State, or local regulatory permit.
202. PROHIBITION ON DILUTION
No user shall increase the use of water or in any other manner attempt to dilute
a discharge as a partial or complete substitute for treatment to achieve
compliance with this Ordinance and the user's permit or to establish an
artificially high flow rate for permit mass emission rates.
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203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER
A. No person shall discharge groundwater, surface runoff, or subsurface
drainage directly or indirectly to the District's sewerage facilities except as
provided herein. Pursuant to Section 305, et seq., the District may
approve the discharge of such water only when no alternate method of
disposal is reasonably available or to mitigate an environmental risk or
health hazard.
B. The discharge of such waters shall require a Special Purpose Discharge
Permit from the District.
C. If a permit is granted for the discharge of such water into a public sewer,
the user shall pay the applicable charges established herein and shall
meet such other conditions as required by the District.
204. PROHIBITION ON UNPOLLUTED WATER
A. No person shall discharge unpolluted water such as single pass cooling
water directly or indirectly to the District's sewerage facilities except as
provided herein. Pursuant to Section 305, 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. PROHIBITION ON RADIOACTIVE WASTES
No person shall discharge radioactive waste unless:
A. The person is authorized to use radioactive materials by the State
Department of Health or other governmental agency empowered to
regulate the use of radioactive materials; and
B. The waste is discharged in strict conformity with current California
Radiation Control Regulations (California Code of Regulations, Title 17)
for safe disposal; and
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C. The person is in compliance with all rules and regulations of all other
applicable regulatory agencies; and
D. The person has obtained a Class I permit from the District.
206. PROHIBITION ON THE USE OF GRINDERS
Waste from industrial or commercial grinders shall not be discharged into a
public sewer, except wastes generated in packing or preparing food or food
products. Such grinders must shred the waste to a degree that all particles will
be carried freely under normal flow conditions prevailing in the public sewer.
207. PROHIBITION ON POINT OF DISCHARGE
No person, except local sewering agencies involved in maintenance functions of
sanitary sewer facilities, shall discharge any wastewater directly into a manhole
or other opening in a sewer other than through an approved building sewer,
unless approved by the District upon written application by the user and
payment of the applicable fees and charges established herein.
208. PROHIBITION ON WASTEHAULER DISCHARGES
A. No Wastehauler shall discharge septic waste, cesspool wastes, wastes
from a vacuum pumping truck or other liquid waste transport vehicle,
without first obtaining both a valid Orange County Health Department
Permit and a OCSD Wastehauler Permit as required by Section 306.
Such wastewaters shall be discharged only at a location specified by the
District.
B. No Wastehauler discharging septic waste, or sanitary waste shall
discharge constituents in excess of those specified in the respective
permit based on the Limits For Wastehaulers Discharging Domestic
Waste in Table I.
C. The discharge of industrial wastewater by any Wastehauler is prohibited
unless written permission of the General Manager has been obtained, the
proper permits have been obtained, and the waste meets Federal and
State limits applicable to the user from which the waste was obtained; or
Local Discharge Limits as specified in Table I, whichever are more
stringent.
s�70L1i° 22
D. No Wastehauler shall discharge directly or indirectly to the sewerage
facilities any material defined as hazardous waste by RCRA or 40 CFR
261.
E. Upon request by the District, each Wastehauler shall provide a waste
manifest documenting the source of all wastewater to be discharged into
the sewerage facilities.
209. LIMITS ON WASTEWATER STRENGTH AND CHARACTERISTICS
A. No person shall discharge wastewater in excess of either the permitted
mass emission rates established in accordance with Section 210 or the
concentration limits set forth in Table I or the discharge permit. Further,
no person shall discharge wastewater in excess of any applicable Federal
or State discharge regulations.
B. No person shall discharge wastewater:
1. Having a temperature higher than 140 degrees Fahrenheit, (60
degrees Centigrade), or which causes the temperature at the
treatment plant to exceed 104 degrees Fahrenheit (40 degrees
Centigrade).
2. Having a pH less than 6.0 or greater than 12.0.
3. Containing polychlorinated biphenyls (PCBs) in excess of the limit
as shown in Table I. PCBs include, but are not limited to the
following: Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254,
1260, and 1262.
4. Containing pesticides in excess of the limit as shown in Table I.
Pesticides include, but are not limited to the following: DDT
(dichlorodiphenyltrichloro-ethane, both isomers), DDE
(dichlorodiphenyl-ethylene), DDD
(dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride
(alpha [a], beta [0], and gamma isomers), Chlordane, Endrin,
Endrin aldehyde, 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD),
toxaphene, a-endosulfan, (i-endosulfan, Endosulfan sulfate,
Heptachlor, Heptachlor epoxide, Dieldrin, Demeton, Guthion,
Malathion, Methoxychlor, Mirex, and Parathion.
2M-KO 23
64070 1
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) or having a closed cup flashpoint of less than
140 degrees Fahrenheit or 60 degrees Centigrade using the test
methods specified in 40 CFR 261.21.
8. 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, cat
litter, asphalt, dead animals, wood, bones, hair, and fleshings.
9. In violation of any applicable Federal Categorical Pretreatment
Standards, State standards or other local regulations covering
wastewater disposal or operations.
210. MASS EMISSION RATE DETERMINATION
A. Mass emission rates for non-compatible or compatible pollutants that are
present 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 General Manager.
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.
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
2090-300 24
64070 1
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 MEDICAL WASTE
A. No person shall discharge solid wastes from hospitals, clinics, offices of
medical doctors, convalescent homes, medical laboratories or other
medical facilities to the sewerage system including, but not limited to,
hypodermic needles, syringes, instruments, utensils or other paper and
plastic items of a disposable nature except where prior written approval
for such discharges is given by the General Manager.
B. 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. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES
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.
H
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TABLE
ORANGE COUNTY SANITATION DISTRICT
LOCAL DISCHARGE UMITS(a)
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 0.58
Sulfide(Total) 5.0
Sulfide(Dissolved) 0.5
Oil and grease of mineral
or petroleum origin 100.0
LIMITS FOR
WASTEHAULERS DISCHARGING DOMESTIC WASTE
CONSTITUENT MILUGRAMS/LITER
Cadmium 1.0
Chromium 2.0
Copper 25.0
Lead 10.0
Nickel 10.0
Zinc 50.0
(a): Users subject to Federal Categorical Pretreatment Standards
may be required to meet more stringent limits.
209030026
640]0_1
ARTICLE 3
DISCHARGE PERMITS, CHARGES, AND FEES
301. INTRODUCTION
A. To provide the maximum public benefit from the use of District sewerage
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.
The District reserves the right to establish, by Ordinance or in
Wastewater Discharge Permits, more stringent standards or requirements
on discharges to the District's sewerage facilities if deemed by the
General Manager appropriate to comply with the objectives presented in
the Introduction and Summary of this Ordinance and the prohibitions and
limitations in Article 2.
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. RESERVED
4. Special Purpose Discharge Permit.
5. Wastehauler Discharge Permit.
6. Transportable Treatment Unit Discharge Permit.
302. CLASS I WASTEWATER DISCHARGE PERMITS
A. No user requiring a Class I permit shall discharge wastewater without
obtaining a Class I Wastewater Discharge Permit.
B. 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 enforced by the District in accordance with
U070 oo
eao�o 1 27
this Ordinance and applicable State and Federal Regulations.
C. All Class I users proposing to discharge directly or indirectly into the
District's sewerage facilities 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. For purposes of this
Ordinance, a Class I user is any user:
1. Subject to Federal Categorical Pretreatment Standards; or
2. Discharging wastewater which averages 25,000 gallons per day or
more of regulated process water; or
3. Discharging wastewater determined by the District to have a
reasonable potential for adversely affecting the District's operation
or for violating any pretreatment standard, local limits, or discharge
requirement; or
4. Discharging wastewater which may cause, as determined by the
General Manager, pass through or interference with the District's
system.
302.1 Class I Wastewater Discharge Permit Application
A. Any person required to obtain a Class I Wastewater Discharge Permit
shall complete and file with the District, prior to commencing discharge,
an application on the form prescribed by the District. The applicant shall
submit, in units and terms appropriate for evaluation, the following
information:
1. Name, address, assessor's parcel number(s), S.I.C. number(s),
description of the manufacturing process or service activity.
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State;
Business License.
3. Volume of wastewater to be discharged.
4. Name of individual who can be served with notices other than
officers of corporation.
eaoro�i 28
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account numbers.
7. Wastewater constituents and characteristics as required by the
District, including, but not limited to, those mentioned in Section
210, Mass Emission Rate Determination, and Table I, Local
Discharge Limits, of this Ordinance. These constituents and
characteristics shall be determined by a laboratory selected by the
discharger and acceptable to the District.
8. Time and duration of discharge.
9. Number of employees and average hours of work per employee
per day.
10. Waste minimization and water conservation practices.
11. Production records, if applicable.
12. Waste manifests, if applicable.
13. Landscaped area in square feet, if applicable.
14. Tons of cooling tower capacity, if applicable.
15. EPA Hazardous Waste Generator Number, if applicable.
16. Any other information as specified.
B. Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, spill containment,
clarifiers, pretreatment equipment, and appurtenances by size, location,
and elevation for evaluation.
C. Applicants may also be required to submit information related to the
applicants business operations, processes, and potential discharge as
may be requested by the District to properly evaluate the permit
application.
D. After evaluation of the data, the District may issue a Wastewater
Discharge Permit, subject to terms and conditions set forth in this
meaaoo a 29
70 i
Ordinance and as otherwise determined by the General Manager to be
appropriate to protect the District's sewerage facilities.
E. The permit application may be denied if the applicant fails to establish to
the District's satisfaction that adequate pretreatment equipment is
included within the applicant's plans to ensure that the discharge limits
will be met or if the applicant has, in the past, demonstrated an inability to
comply with applicable discharge limits.
302.2 Class I Permit Conditions. and Limits
A. A Class I permit shall contain all of the following conditions or limits:
1. Mass emission rates and concentration limits regulating
non-compatible pollutants.
2. Requirements to notify the District in writing prior to modification to
processes or operations through which industrial wastewater may
be produced.
3. Location of the user's on-site sampling point.
4. Requirements for submission of technical reports, production data,
discharge reports, and/or waste manifests.
5. Requirements for maintaining, for a minimum of three years, plant
records relating to wastewater discharge, and waste manifests as
specified by District.
6. Requirements to submit copies of tax and water bills.
B. A Class I permit may contain any of the following conditions or limits:
1. Requirements for the user to construct and maintain, at his own
expense, appropriate pretreatment equipment, pH control, flow
monitoring facilities, and sampling facilities.
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3. Requirements to self-monitor.
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W70_1 30
4. Assumed values for BOD and suspended solids characteristics that
typify the discharger's effluent for determination of the charge for
use.
5. Other terms and conditions which may be appropriate to ensure
compliance with this Ordinance.
6. Other terms and conditions determined by the General Manager to
be appropriate to protect the sewerage system.
302.3 Class I Permit Fee
A. The Class I permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of permit must be received by the District prior to
issuance of either a new permit or a renewed permit. Permittee shall also
pay any delinquent invoices in full prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 621.(E) of this Ordinance.
302.4 Class I Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the General
Manager during the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the District; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. 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
zaso ro 31
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not to exceed thirty (30) days after the commencement of discharge.
C. Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The Districts shall review the
request, make a determination on the request, and respond in writing.
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 Class I Permit Duration and Renewal
Class I permits shall normally be issued for a period not to exceed two (2) years.
At least 45 days prior to the expiration of the permit, the user shall apply for
renewal of the permit in accordance with the provisions of this Article 3.
302.6 Class I Permit Charge for Use
A. The purpose of a charge for use is to ensure that each recipient of
sewerage service from the District pays its reasonably proportionate
share of all the costs of providing that sewerage service. Charges for use
to recover the cost of conveying, treating, and disposing of sewage in
District facilities are exclusive of any fees levied by local sewering
agencies. The charge for use shall be based on the total maintenance,
operation, capital expenditures, and reserve requirements for providing
wastewater collection, treatment, and disposal.
B. A discharger who is issued a Class I Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the unit charge rates adopted
annually by Ordinance 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 to the permittee will be allowed against this permit
charge for use, equal to 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 sanitary sewer service
charge adopted by the Board of Directors by separate Ordinance and
levied against the permitted property.
meaaao
MM , 32
C. Current property tax bills shall be supplied by the permittee to the District
by May 31 of each year for use in determining the ad valorem tax credit
and/or the sanitary sewer service credit. If the tax bills are not supplied,
the District will endeavor to obtain the data. Data obtained by the District
will be considered correct and will not be adjusted before the next annual
reconciliation statement. There shall be a fee levied for District
administrative costs when ad valorem property tax or sanitary sewer
service charge data are obtained by the District. The amount of the fee
shall be adopted by the District's Board of Directors.
D. In order for the District to determine actual annual water use, the user
shall provide to the District copies of its water bills. If these water bill
copies are not received by July 31 of each year for the 12-month period
ended closest to June 30, the District will endeavor to obtain the water
use data. Data obtained by the District will be considered correct and will
not be adjusted before the next annual reconciliation statement. There
shall be a fee levied for District administrative costs when water use data
is obtained by the District. The amount of the fee shall be adopted by the
District's Board of Directors.
E. The charge for use shall be computed by the following formula:
Charge for Use = 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
Va,BO,So = Unit Charge rates established and adopted by Ordinance of
the District's Board of Directors, based upon the funding requirements of
providing sewerage service, in dollars per unit as described in Paragraph
F below:
F. The Unit Charge rates in the charge-for-use formula shall be determined
by the following method:
1. An Operations and Maintenance component of the Unit Charge for
the total annual operation and maintenance funding requirements
of the sewerage system shall be levied at a rate to be determined
from time to time by the Board of Directors. This Charge shall be
64070'0° 33
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 component of the Unit
Charge for capital replacement and capital improvement shall be
levied at a rate to be determined from time to time by 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 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 component
in (1) and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for V„
and in do.'ars per thousand pounds for B. and So.
G. Other measureTents of the organic content of the wastewater of a
discharger such as COD orTOC, may be used instead of BOD.
However. :he discharger must establish to the General Manager's
satisfac'on 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 ot;-er wastewater of a discharger, the charge for use for discharging
the sa,iitary wastewater may be determined by using the following:
1 25 gallons per employee per eight-hour working day.
W70 1
sao�o_i 34
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. No user requiring a Class II permit shall discharge wastewater without
obtaining a Wastewater Discharge Permit.
B. Class II Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use
and fees established by the District. The conditions of Wastewater
Discharge Permits shall be enforced by the District in accordance with
this Ordinance and applicable State and Federal Regulations.
C. All Class II users proposing to discharge directly or indirectly into the
District sewerage facilities shall obtain a Wastewater discharge Permit by
filing an application pursuant to Section 303.1 and paying the applicable
fees pursuant to Section 303.3. For purposes of this Ordinance, a Class
II user is any user:
1. Whose charge for use is greater than the ad valorem tax basic levy
allocated to the District; and
2. Discharging waste other than sanitary; and
3. Not otherwise required to obtain a Class I permit.
303.1 Class II Wastewater Discharge Permit Application
A. Any person required to obtain a Class II Wastewater Discharge Permit
shall complete and file with the District, prior to commencing discharge,
an application on the form prescribed by the District. The applicant shall
submit, in units and terms appropriate for evaluation, the following
information:
1. Name, address, assessor's parcel number(s) and S.I.C. number(s);
description of the manufacturing process or service activity.
"OM 1 35
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State;
Business License.
3. Volume of wastewater to be discharged.
4. Name of individual who can be served with notices other than
officers of corporation.
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account numbers.
7. Wastewater constituents and characteristics as required by the
District, including, but not limited to, those mentioned in Section
210, Mass Emission Rate Determination, and Table I, Local
Discharge Limits of this Ordinance. These constituents and
characteristics shall be determined by a laboratory selected by the
discharger and acceptable to the District.
8. Time and duration of discharge.
9. Number of employees and average hours of work per employee
per day.
10. Waste minimization and water conservation practices.
11. Production records, if applicable.
12. Waste manifests, if applicable.
13. Landscaped area in square feet, if applicable.
14. Tons of cooling tower capacity, if applicable.
15. EPA Hazardous Waste Generator Number, if applicable.
16. Any other information as specified.
zmamo 36
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B. Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, spill containment,
clarifiers, pretreatment systems, and appurtenances by size, location, and
elevation for evaluation.
C. Applicants may also be required to submit other information related to the
applicant's business operations, processes, and potential discharge as
may be requested to properly evaluate the permit application.
D. After evaluation of the data furnished, the District may issue a
Wastewater Discharge Permit, subject to terms and conditions set forth in
this Ordinance and as otherwise determined by the General Manager to
be appropriate to protect the District's system.
E. The permit application may be denied if the applicant fails to establish to
the Districts satisfaction that adequate pretreatment equipment is
included within the applicant's plans to ensure that the discharge limits
will be met or if the applicant has, in the past, demonstrated an inability to
comply with applicable discharge limits.
303.2 Class II Permit Conditions. and Limits
A. A Class II permit shall contain all of the following conditions or limits:
'I. Requirements to notify the District in writing prior to modification to
processes or operations through which industrial wastewater may
be produced.
2. Location of the user's on-site sample point.
3. Requirements for submission of technical reports, production data,
discharge reports, and/or waste manifests.
4. Requirements to submit copies of tax and water bills.
B. A Class II permit may contain any of the following conditions or limits:
1. Requirements for the user to construct and maintain, at his own
expense, appropriate pretreatment equipment, pH control, flow
monitoring and/or sampling facilities.
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
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3. Assumed values for BOD and suspended solids characteristics that
typify the discharger's effluent for determination of the charge for
use.
4. Requirements to self-monitor.
5. Requirements for maintaining, for a minimum of three years, plant
records relating to wastewater discharge, and waste manifests as
specified by District.
6. Other provisions which may be appropriate to ensure compliance
with this Ordinance.
7. Other terms and conditions determined by the General Manager to
be appropriate to protect the District's system.
303.3 Class II Permit Fee
A. The Class II permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of the permit fee must be received by the District prior to
issuance of either a new permit or a renewed permit. Permittee shall also
pay any delinquent invoices in full prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 621.(E) of this Ordinance.
303.4 Class II Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the General
Manager during the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the District, or
2oeoaoo 38
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4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. The permittee shall request a modification to the terms and conditions of
an issued permit prior to increasing the contribution of flow, pollutants, or
changing the nature of pollutants where such contribution or change will
cause the permittee to be in violation of their permit or this Ordinance.
The request shall be in writing stating the requested change, and the
reasons for the change. The District shall review the request, make a
determination on the request, and respond in writing. The District's
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.
303.5 Class II Permit Duration and Renewal
Class II permits shall be issued for a period not to exceed three (3) years. At
least 45 days prior to the expiration of the permit, The user shall apply for
renewal of the permit in accordance with the provisions of this Article 3.
303.6 Class II Permit Charge for Use
A. The purpose of a charge for use is to ensure that each recipient of
sewerage service from the District pays its reasonably proportionate
share of all the costs of providing that sewerage service. Charges for use
to recover the cost of conveying, treating, and disposing of sewage in
District sewerage facilities are exclusive of any fees levied by local
sewering agencies. The charge for use shall be based on the total
maintenance, operation, capital expenditures, and reserve requirements
for providing wastewater collection, treatment, and disposal.
B. A discharger who is issued 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 Ordinance 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
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District. A credit to the permittee will be allowed against this permit
charge for use, equal to 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 sanitary sewer service
charge adopted by the Board of Directors by separate Ordinance and
levied against the permitted property.
C. Current property tax bills shall be supplied by the permittee to the District
by May 31 of each year for use in determining the ad valorem tax credit
and/or the sanitary sewer service credit. If the tax bills are not supplied,
the District will endeavor to obtain the data. Data obtained by the District
will be considered correct and will not be adjusted before the next annual
reconciliation statement. There shall be a fee levied for District
administrative costs when ad valorem property tax or sanitary sewer
service charge data is obtained by the District. The amount of the fee
shall be adopted by the District's Board of Directors.
D. In order for the District to determine actual annual water use, the user
shall provide to the District copies of its water bills. If these water bill
copies are not received by July 31 of each year for the 12-month period
ended closest to June 30, the District will endeavor to obtain the water
use data. Data obtained by the District will be considered correct and will
not be adjusted before the next annual reconciliation statement. There
shall be a fee levied for District administrative costs when water use data
is obtained by the District. The amount of the fee shall be adopted by the
District's Board of Directors.
E. The charge for use shall be computed by the following formula:
Charge for Use =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 Ordinance 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.
6Q70 1 o 40
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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 component of the Unit Charge for
the total annual operation and maintenance funding requirements
of the sewerage system shall be levied at a rate to be determined
from time to time 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 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 component of the Unit Charge for
capital replacement and capital improvement shall be levied at a
rate to be determined from time to time 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 component
in (1) and (2) above shall be summed. The Unit 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
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
zoeaaoo 41
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discharger, the charge for use for discharging the sanitary wastewater
may be detenmined by using the following:
1. 25 gallons per employee per eight-hour working day.
2. BOD and suspended solids to be calculated at domestic
wastewater strength per employee per year.
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. RESERVED
305. SPECIAL PURPOSE DISCHARGE PERMITS
A. No user requiring a Special Purpose Discharge Permit shall discharge
wastewater without obtaining a Special Purpose Discharge Permit.
B. Special Purpose Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use,
and fees established by the District. The conditions of Wastewater
Discharge Permits shall be enforced by the District in accordance with
this Ordinance and applicable State and Federal Regulations-
C. All Special Purpose Discharge Permit users proposing to discharge
directly or indirectly into the District's sewerage facilities shall obtain a
Wastewater Discharge Permit by fling an application pursuant to Section
305.1 and paying the applicable fees pursuant to Sections 305.3 and
305.6. 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. Applicants seeking a special purpose wastewater permit shall complete
and file with the District, prior to commencing discharge, an application in
the form prescribed by the District. This application shall be accompanied
by the applicable fees, plumbing plans, a detailed analysis of the
alternatives for water disposal, or other data as needed by the District for
review.
�09030° 42
scram ,
B. The permit application may be denied when the applicant has failed to
establish to the District's satisfaction that adequate pretreatment
equipment is included within the applicants' plans to ensure that the
discharge limits will be met or that the applicant has, in the past,
demonstrated an inability to comply with applicable discharge limits.
305.2 Special Purpose Discharge Permit Conditions and Limits
A. Discharge conditions and limits shall be no less stringent than Section
205, Limits on Radioactive Wastes; Section 209, Limits on Wastewater
Strength and Characteristics; Section 210, Mass Emission Rate
Determination, and Table I, Local Discharge Limits.
B. Monitoring requirements for the discharge shall be for those
non-compatible pollutants known to exist in the discharge. At least one
analysis prior to sewer discharge shall be performed for all constituents
contained in the most current Environmental Protection Agency (EPA)
"Priority Pollutant" list, excluding asbestos.
C. The District may specify and make part of each Special Purpose
Discharge Permit specific pretreatment requirements or other terms and
conditions determined by the General Manager to be appropriate to
protect the District's Sewerage Facility, the Local Sewering Agency, to
comply with Regulatory Agencies' requirements, to ensure compliance
with this Ordinance, and to assess user charges.
305.3 Special Purpose Discharge Permit Fee
The special purpose discharge permit fee shall be paid by the applicant in an
amount adopted by Ordinance of the Board of Directors. Payment of permit fees
must be received by the District prior to issuance of either a new permit or a
renewed permit. Each permittee shall also pay delinquent invoices in full prior to
permit renewal.
305.4 Special Purpose Discharge Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the District during
the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
2090-300
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3. Changes in the requirements of Regulatory Agencies which affect
the District; or .
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. A permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The District shall review the
request, make a determination on the request, and respond in writing-
C. A permittee shall be informed of any changes in the permit at least
forty-five (45) days prior to the effective date of change. Any changes or
new conditions in the permit shall include a reasonable time schedule for
compliance.
305.5 Special Purpose Discharge Permit Duration and Renewal
Special purpose discharge permits shall be issued for a period not to exceed
one (1) year, but may be renewed as determined by the General Manager.
Users seeking permit renewal shall comply with all provisions of this Article 3.
305.6 Special Purpose Discharge Permit Charge for Use
A charge for use to cover all costs of the District for providing sewerage service
and monitoring shall be established by the General Manager. A deposit
determined by the General Manager to be sufficient to pay the estimated
charges for use shall accompany the Special Purpose Discharge Permit
application, and said deposit shall be applied to the charges for use.
306. 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 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 OCSD Wastehauler Permit.
306.1 Wastehauler Discharge Permit Application
A. No Wastehauler shall discharge wastewater without a Wastehauler
Discharge Permit.
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W70 1 44
B. Any person required to obtain a Wastehauler Discharge Permit shall
complete and file with the District prior to commencing discharge, an
application in a form prescribed by the District. This application shall be
accompanied by the applicable fees. The applicant shall submit, in units
and terms appropriate for evaluation, the following information:
1. Name, address, telephone number, and description of the
industries, or clients using the applicant's services.
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of the company; Articles of
Incorporation; 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. A copy of the applicant's Orange County Health Department
Permit.
C. Other information related to the applicant's business operations and
potential discharge may be requested to properly evaluate the permit
application.
D. After evaluation of the data furnished, the District may issue a
Wastehauler discharge permit, subject to terms and conditions set forth in
this Ordinance and as otherwise determined by the General Manager to
be appropriate to protect the District's system.
306.2 Wastehauler Discharge Permit Conditions and Limits
The issuance of a Wastehauler permit may contain any of the following
conditions or limits:
A. Limits on discharge of heavy metals and other priority pollutants.
B. Requirements for maintaining and submitting waste hauling records and
waste manifests.
C. Additional requirements as otherwise determined to be appropriate by the
General Manager to protect the District's system or as specified by other
Regulatory Agencies.
2aso-soo
W7D 1 45
D. Other terms and conditions which may be applicable to ensure
compliance with this Ordinance.
306.3 Wastehauler Discharge Permit Fee
The Wastehauler discharge permit fee shall be paid by the applicant in an
amount adopted by Ordinance 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 Wastehauler Identification Decal and Access Card Transfer
A. The identification decal is non-transferable.
B. The gate access card is issued to a specific permitted vehicle and is
non-transferable unless previously authorized in writing by the District.
306.5 Wastehauler Discharge Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the District during
the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the District; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The 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 limits, conditions,
or requirements at least forty-five (45) days prior to the effective date of
change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
2OW-"
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306.6 Wastehauler Discharge 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 Ordinance of the Board of
Directors.
307. TRANSPORTABLE TREATMENT UNIT (TTU) DISCHARGE PERMIT
Any person intending to operate a TTU shall obtain a TTU Discharge Permit
prior to discharge into the District's sewerage system. 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 enforced by the District in accordance with this
Ordinance and applicable State and Federal Regulations.
307.1 TTU Discharge Permit Aoolication
A. Any person required to obtain a TTU Wastewater Discharge Permit shall
complete and file with the District prior to commencing discharge, an
application in a form prescribed by the District. This application shall be
accompanied by the applicable fees. The applicant shall submit, in units
and terms appropriate for evaluation, the following information:
1. Name, address, 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 by the applicant.
4. Name of individual, other than officers of corporation, who can be
served with notices.
5. Department of Motor Vehicles license plate number(s).
6. EPA and State Identification Number.
2090300 47
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B. Applicants may be required to submit mechanical and plumbing plans,
and details to show all spill containment, clarifiers and appurtenances by
size, location, and elevation for evaluation.
C. Applicants may be required to submit other information related to the
applicant's business operations and potential discharge may be
requested to properly evaluate the permit application.
D. After evaluation of the data furnished, the District may issue a
Wastehauler discharge permit, subject to terms and conditions set forth in
this Ordinance and as otherwise determined by the General Manager to
be appropriate to protect the District's system.
E. The permit application may be denied if the applicant fails to establish to
the District's satisfaction that adequate pretreatment equipment is
included within the applicants' plans to ensure that the discharge limits
will be met or if the applicant has, in the past, demonstrated an inability to
comply with applicable discharge limits.
307.2 TTU Discharge Permit Conditions and Limits
The issuance of a TTU permit may contain any of the following conditions or
limits:
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,
waste hauling 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 terms and conditions which may be applicable to ensure
compliance with this Ordinance.
2� 1 48
I. Other terms and conditions determined by the General Manager to be
appropriate to protect the District's system.
307.3 TTU Discharae Permit Fee
A. The TTU permit fee shall be in an amount adopted by Ordinance 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 621.(E)'of this Ordinance.
307.4 TTU Discharge Permit Modifications of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the General
Manager during the life of the permit based on:
1. The discharger's current or anticipated operating data,
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the District; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. The permittee shall request a modification to the terms and conditions of
an issued permit prior to increasing the contribution of flow, pollutants, or
changing the nature of pollutants where such contribution or change will
cause the permittee to be in violation of their permit or this Ordinance.
The request shall be in writing stating the requested change, and the
reasons for the change. The District shall review the request, make a
determination on the request, and respond in writing. The District's
approval may be granted or denied.
C. Permittee shall be informed of any change in the permit limits, conditions,
or requirements at least forty-five (45) days prior to the effective date of
change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
z0sa
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307.5 TTU Discharoe Permit Duration and Renewal
TTU permits shall be issued for a period not to exceed one (1) year.
308. RESERVED
309. RESERVED
310. OUT OF DISTRICT PERMITS/DISCHARGERS
A. Industrial Wastewater Discharge Permits for dischargers located outside
of the District's service area but tributary to the District's sewerage
facilities, may be issued by a local sewering agency after approval by the
District. The District shall have the right of inspection and sampling of the
user's discharge to determine compliance with industrial waste discharge
regulations. Such inspection and sampling will be performed under a
coordinated plan developed with the local agency. The more stringent of
the industrial waste discharge regulations and effluent limits of the District
and the local agency shall apply to the discharger.
B. Pursuant to Article 6 herein, the District shall have the right to enforce the
Federal Pretreatment Regulations, the provisions of this Ordinance, and
permit conditions and limits applicable to any person located outside of
the District's service area, but whose discharge is tributary to the District's
sewerage facilities.
C. The fees for use shall be determined by the District and set forth in a use
agreement with the local sewering agency.
ARTICLE 4
FACILITIES REQUIREMENTS
401. DRAWING SUBMITTAL REQUIREMENTS
Upon request by the District:
A. Applicants or users may be required to submit three copies of detailed
facility pla.�s. The submittal shall be in a form and content acceptable to
the District for review of existing or proposed pretreatment facilities, spill
containment facilities, monitoring facilities, metering facilities, and
operating procedures. The review of the plans and procedures shall in no
way relieve the user of the responsibility of modifying the facilities or
procedures in the future, as necessary to produce an acceptable
discharge, and to meet the requirements of this Ordinance or any
requirements of other Regulatory Agencies.
50
sao�o i
B. The drawing shall depict as a minimum the manufacturing process (waste
generating sources), spill containment, monitoring or metering facilities,
and pretreatment facilities.
C. The applicant or user shall submit a schematic drawing of the
pretreatment facilities, piping and instrumentation diagram, and
wastewater characterization report.
D. Users and applicants may also be required to submit for review site plans,
floor plans, mechanical and plumbing plans, and details to show all
sewers, spill containment, clarifiers, and appurtenances by size, location,
and elevation for evaluation.
E. The District may require the drawings be prepared by a California
Registered Chemical, Mechanical, or Civil Engineer.
402. PRETREATMENT FACILITIES
A. All users shall provide wastewater acceptable to the District, under the
limits established herein before discharging to any public sewer. Any
facilities required to pretreat or transport wastewater shall be provided
and maintained by a qualified operator and in proper operating condition
at the user's expense.
B. All users may also be required by the District to submit waste analysis
plans, contingency plans, and meet other necessary requirements to
ensure proper operation of the pretreatment facilities and compliance with
permit limits and this Ordinance.
C. No user shall increase the use of water or in any other manner attempt to
dilute a discharge as a partial or complete substitute for treatment to
achieve compliance with this Ordinance and the user's Permit.
403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS
A. All users shall provide spill containment for protection against discharge
of prohibited materials or other wastes regulated by this Ordinance. Such
protection shall be designed to secure the discharges and to prevent
them from entering into the system in accordance with reasonable
engineering standards. Such facilities shall be provided and maintained
at the user's expense.
B. The General Manager may require any industrial user to develop and
implement an accidental discharge/slug control plan. At least once every
two years the District shall evaluate whether each significant industrial
user needs such a plan. Any user required to develop and implement an
Zoe "
smro 1 51
accidental discharge/control slug plan shall submit a plan which
addresses, at a minimum, the following:
1. Description of discharge practices, including non-routine batch
discharges.
2. Description of stored chemicals.
3. Procedures for immediately notifying the POTW of any accidental
of slug discharge. Such notification must also be given for any
discharge which would violate any of the prohibited discharges in
Article 2 of this Ordinance.
4. Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of
plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic
pollutants (including solvents), and measures and equipment for
emergency response.
404. MONITORING/METERING FACILITIES
A. The District may require the user to construct and maintain in proper
operating condition at the user's sole expense, flow monitoring,
constituent monitoring and/or sampling facilities.
B. The monitoring or metering facilities may be required to include a security
closure that can be locked with a District provided hasp lock during
sampling or upon termination of service.
C. The location of the monitoring or metering facilities shall be subject to
approval by the District.
D. The user shall provide immediate, clear, safe and uninterrupted access to
the District to the user's monitoring and metering facilities.
405. WASTE MINIMIZATION REQUIREMENTS
The 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.
2 �9°° 52
ARTICLE 5
MONITORING, REPORTING, NOTIFICATION,
AND INSPECTION REQUIREMENTS
501. MONITORING AND REPORTING CONDITIONS
A. Monitoring for Annual Charge for Use
The wastewater constituents and characteristics of a discharger needed
for determining the annual charge for use shall be submitted in the form of
self-monitoring reports by the user to the District, if requested. The
frequency of analyses and reporting shall be set forth in the user's permit.
The analyses of these constituents and characteristics shall be by a
laboratory acceptable to the District, and at the sole expense of the
permittee. Analyses performed by District's personnel may used in the
determination of the annual charge for use.
B. Monitoring for Compliance with Permit Conditions or Reporting
Requirements
The District may require reports for self-monitoring of wastewater
constituents and characteristics of the discharger needed for determining
compliance with any limit or requirements as specified in the user's
permit, Federal or State Regulations, or this Ordinance. These reports
include:
(1) Baseline Monitoring Reports.
(2) Compliance Schedule Progress Reports.
(3) 90-Day Compliance Reports.
(4) Periodic Reports on continued compliance.
(5) Notification of the Discharge of Hazardous Waste.
(6) Other reports as required by the District.
Monitoring reports of the analyses of wastewater constituents and
characteristics shall be in a manner and form approved by the District and
shall be submitted upon request of the District. When applicable, the
self-monitoring requirement and frequency of reporting may be set forth in
the user's permit as directed by the District. The analyses of wastewater
constituents and characteristics and the preparation of the monitoring
report shall be done at the sole expense of the user. Failure by the user
6w208 O 1 53
to perform any required monitoring, or to submit monitoring reports
required by the District constitutes a violation of this Ordinance, may
result in determining whether the permittee is in significant non-
compliance, and be cause for the District to initiate all necessary tasks
and analyses to determine the wastewater constituents and
characteristics for compliance with any limits and requirements specified
in the user's permit or in this Ordinance. The user shall be responsible
for any and all expenses of the District in undertaking such monitoring
analyses and preparation of reports.
501.1 Inspection and Sampling Conditions
A. The District may inspect and sample the wastewater generating and
disposal facilities of any user to ascertain whether the intent of this
Ordinance is being met and the user is complying with all requirements.
B. The District shall have the right to place on the user's property or other
locations as determined by the District, such devices as are necessary to
conduct sampling or metering operations. Where a user has security
measures in force, the user shall make necessary arrangements so that
personnel from the District shall be permitted to enter without delay for
the purpose of performing their specific responsibilities.
C. In order for the District to determine the wastewater characteristics of the
discharger for purposes of determining the annual use charge and for
compliance with permit requirements, the user shall make available for
inspection and copying by the District all notices, self-monitoring reports,
waste manifests, and records including, but not limited to, those related to
production, wastewater generation, wastewater disposal, and those
required in the Federal Pretreatment Requirements without restriction but
subject to the confidentiality provision set forth in Section 103 herein. All
such records shall be kept by the user a minimum of three (3) years.
501.2 Right of Entry
Persons or occupants of premises where wastewater is created or discharged
shall allow the District, or its representatives, reasonable access to all parts of
the wastewater generating and disposal facilities for the purposes of inspection
and samplirc curing all times the discharger's facility is open, operating, or any
other reaso^able : me. No person shall interfere with, delay, resist or refuse
entry^ce to authorized District's personnel attempting to inspect any facility
involvea airectiy or indirectly with a discharge of wastewater to the District's
sewerage system.
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501.3 Notification of Spill or Slug Loadino
A. In the event the discharger is unable to comply with any permit condition
due to a breakdown of equipment, accidents, or human error, or the
discharger has reasonable opportunity to know that his discharge will
exceed the discharge provisions of the user's permit, Section 209 or
Table I, Local Discharge Limits, the discharger shall immediately notify
the District by telephone. If the material discharged to the sewer has the
potential to cause or result in a fire or explosion hazard, the discharger
shall immediately notify the local fire department and the District.
B. Confirmation of this notification shall be made in writing no later than five
(5) working days from the date of the incident. The written notification
shall state the date of the incident, the reasons for the discharge or spill,
what steps were taken to immediately correct the problem, and what steps
are being taken to prevent the problem from recurring.
C. Such notification shall not relieve the user of any expense, loss, damage
or other liability which may be incurred as a result of damage or loss to
the District or any other damage or loss to person or property, nor shall
such notification relieve the user of any fees or other liability which may
be imposed by this Ordinance or other applicable law.
501.4 Notification of Bypass
A. Bypass of industrial wastewater to the sewerage system is prohibited.
The District may take enforcement action against the user, unless:
1. Bypass was unavoidable because it was done to prevent loss of
life, personal injury, or severe property damage,
2. There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
elective slow-down or shut-down of production units or
maintenance during periods of production downtime. This
condition is not satisfied if adequate backup equipment could have
been feasibly installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventative maintenance; and
3. The permittee submitted notices as required under Article
501.4(B).
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B. If a permittee knows in advance of the need for a bypass, it shall submit a
written request to allow the bypass to the District, if possible, at least ten
(10) days before the date of the bypass.
C. The District may approve an anticipated bypass at its sole discretion after
considering its adverse effects, and the District determines that the
conditions listed in 501.4(A)(1-3) are met.
D. A permittee shall provide telephone notification to the District of an
unanticipated bypass that exceeds its permitted discharge limits within
four hours from the time the permittee becomes aware of the bypass. A
written report shall also be provided within five (5) days of the time the
permittee becomes aware or could reasonably have been aware of the
bypass. The report shall contain a description of the bypass and its
cause; the duration of the bypass, including exact dates and times, and, if
the bypass has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent
recurrence of the bypass. Failure to submit oral notice or written report
may be grounds for permit revocation.
ARTICLE 6
ENFORCEMENT
600. PURPOSE AND SCOPE
A. The Board finds that in order for the District to comply with the laws,
regulations, and rules imposed upon it by Regulatory Agencies and to
ensure that the District's sewerage facilities and treatment processes are
protected and are able to operate with the highest degree of efficiency,
and to protect the public health and environment, specific enforcement
provisions must be adopted to govern the discharges to the District's
system by industrial discharge permittees.
B. To ensure that all interested parties are afforded due process of law and
that non-compliance and violations are resolved as soon as possible, the
general policy of the District is that:
1. Any determination relating to a Probation Order, Enforcement
Compliance Schedule Agreement (ECSA), or Regulatory
Compliance Schedule Agreement (RCSA)will be made by the
Division Head of the Source Control Division, with a right of appeal
by the permittee to the General Manager pursuant to the
procedures set forth in Section 617.
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2. A user, permittee, or applicant for a permit may request the
Steering Committee to hear an appeal of the General Manager's
decision pursuant to Section 61 B. Such request may be granted or
denied by the Steering Committee.
3. Any permit suspension or revocation recommended by the Source
Control Division Head will be heard and a recommendation made
to the General Manager by a District Department Head or other
person designated by the General Manager with a right of appeal
of the General Manager's order by the permittee to the Steering
Committee pursuant to the provisions of Section 618.
4. Actions and decisions by the Division Head or Department Head
are made pursuant to a delegation of authority by the General
Manager as authorized by Section 107 of this Ordinance.
C. The District, at its discretion, may utilize any one, combination, or all
enforcement remedies provided in Article 6 in response to any permit or
Ordinance violation.
601. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS
A. Sampling Procedures
1. Sampling of all permittees shall be conducted in the time, place,
manner, and frequency determined at the sole discretion of the
District.
2. Non-compliance with mass emission rate limits, concentration
limits, permit discharge conditions, or any discharge provision of
this Ordinance may be determined by an analysis of a grab or
composite sample of the effluent of a user. Noncompliance with
mass emission rate limits shall be determined by an analysis of a
composite sample of the user's effluent, except that a grab sample
may be used to determine compliance with mass emission rate
limits when the discharge is from a closed (batch) treatment system
in which there is no wastewater flow into the system when the
discharge is occurring, the volume of wastewater contained in the
batch system is known, the time interval of discharge is known, and
the grab sample is homogeneous and representative of the
discharge.
3. Any sample taken from a sample point is considered to be
representative of the discharge to the public sewer.
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602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES
A. Self-Monitoring Requirements as a Result of Non-Compliance
1. If analysis of any sample obtained by the District or by a permittee
shows non-compliance with the applicable wastewater discharge
limits set forth in the Ordinance or in the permittee's discharge
permit, the District may impose self-monitoring requirements on the
permittee.
2. A permittee shall perform required self-monitoring of constituents in
a frequency, at the specific location, and in a manner directed by
the District.
3. All analyses of self-monitoring samples shall be performed by an
independent laboratory acceptable to the District and submitted to
the District in a form and frequency determined by the District.
4. All self-monitoring costs shall be borne by the permittee.
5. Nothing in this section shall be deemed to limit the authority of the
District to impose self-monitoring as a permit condition.
B. Purpose of Non-Compliance Semolina Fees
The purpose of the non-compliance sampling fee is to compensate
the District for costs of additional 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 615 and 616.
C. Non-Compliance Sampling Fees for Composite Samples
1. Each violation of a permittee's permit limit or condition is a violation
of this Ordinance.
2. a) If analysis of any composite sample of a permittee's
discharge obtained by the District shows a major violation by
the permittee of the mass emission rates or concentration
limits specified in the permittee's discharge permit or in this
Ordinance, then the permittee shall pay non-compliance
sampling fees to the District pursuant to fee schedules
adopted by the District's Board of Directors.
20easa0
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b) If analysis of any composite sample of a permittee's
discharge obtained by the District shows a minor violation
by the permittee of the mass emission rates or concentration
limits specified in the permittee's discharge permit or in this
Ordinance, then the District may impose non-compliance
sampling fees pursuant to fee schedules adopted by the
District's Board of Directors.
3. The fees specified in subsection 602.C2.(a), C.2.(b) and D herein
shall be imposed for each date on which the District conducts
sampling as a result of a violation by a permittee.
D. Non-Compliance Sampling Fees for Grab Samples and Self-Monitoring
Results
1. If analysis of any grab sample analysis of a permittee's discharge
shows non-compliance with any concentration limits as set forth in
the user's permit or in this Ordinance, the District may impose non-
compliance sampling fees, pursuant to fee schedules adopted by
the District's Board of Directors, for sampling conducted by the
District as a result of a violation by the permittee.
2. If any self-monitoring analysis of a permittee's discharge shows
noncompliance with any concentration limits or mass emission
rates as set forth in the user's permit or in this Ordinance, the
District may impose noncompliance sampling fees, pursuant to fee
schedules adopted by the District's Board of Directors, for sampling
conducted by the District as a result of a violation by the permittee.
602.1 Probation Order
A Grounds
In the event the Division Head determines that a permittee has violated any
provision of this Ordinance, or the terms, conditions and limits of its discharge
permit, or has not made payment of all amounts owed to the District for user
charges, non-compliance fees or any other fees, the General Manager may
issue a Probation Order, whereby the permittee must comply with all directives,
conditions and requirements therein within the time prescribed.
B. Provisions
The issuance of a Probation Order may contain terms and conditions including,
but not limited to, installation of pretreatment equipment and facilities,
59
requirements for self-monitoring, submittal of drawings or technical reports,
operator certification, audit of waste minimization practices, payment of fees,
limits on rate and time of discharge, or other provisions to ensure compliance
with this Ordinance.
C. Probation Order - Expiration
A Probation Order issued by the General Manager shall be in effect for a period
not to exceed ninety (90) days.
602.2 Enforcement Compliance Schedule Agreement (ECSA)
A. Grounds
Upon determination that a permittee is in non-compliance with the terms,
conditions or limits specified in its permit or any provision of this Ordinance, and
needs to construct and/or acquire and install equipment related to pretreatment,
the General Manager may require the permittee to enter into an ECSA which
will, upon the effective date of the ECSA, amend the permittee's permit. The
ECSA shall contain terms and conditions by which a permittee must operate
during its term and shall provide specific dates for achieving compliance with
each term and condition for construction and/or acquisition and installation of
required equipment related to pretreatment.
B. Provisions
The issuance of an ECSA may contain terms and conditions including but not
limited to requirements for self-monitoring, installation of pretreatment equipment
and facilities, submittal of drawings or reports, operator certification, audit of
waste minimization practices, payment of fees, limits on rate and time of
discharge, deposit of performance guarantee, or other provisions to ensure
compliance with this Ordinance.
C. ECSA - Payment of Amounts Owed
The District shall not enter into an ECSA until such time as all amounts owed to
the District, including user fees, non-compliance sampling fees, deposits, or
other amounts due are paid in full, or an agreement for deferred payment
secured by collateral or a third party, is approved by the General Manager.
Failure to pay all amounts owed to the District shall be grounds for permit
suspension or permit revocation as set forth in Section 604 and 605.
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D. ECSA- Permit Susoension/Revocation
If compliance is not achieved in accordance with the terns and conditions of an
ECSA during its term, the General Manager may issue an order suspending or
revoking the discharge permit pursuant to Section 604 or 605 of this Ordinance.
603. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)
A. Grounds
If at any time subsequent to the issuance of a Wastewater Discharge Permit to
an industrial user, Federal Categorical Pretreatment Standards are adopted or
revised by the United States Environmental Protection Agency, or in the event
the District enacts revised discharge limits, the General Manager, upon
determination that an industrial user would not be in compliance with the
adopted cr .,cvised limits may require the industrial user to enter into a RCSA
with the District u:-ce, terms and conditions that would provide for achieving
compliance with a 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-Comoliance Sampling Fee
During the period said RCSA is in effect, any discharge by permittee in violation
of the RCSA will require payment of noncompliance sampling fees in
accordance with Article 6.
604. PERMIT SUSPENSION
A. Grounds
The General Manager may suspend any permit when it is determined that
a permittee:
1. Fails to comply with the terms and conditions of either an ECSA or
RCSA.
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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
limits, discharge compliance, or compliance with this Ordinance.
4. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5. Fails to report significant changes in operations or wastewater
constituents and characteristics.
6. Violates a Probation Order.
7. Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
8. Does not make timely payment of all amounts owed to the District
for user charges, non-compliance sampling fees, permit fees, or
any other fees imposed pursuant to this Ordinance.
9. Violates any condition or limit 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 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
2°eoo°° 62
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 immediately cease and desist its
discharge and 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 final in all respects on the sixteenth (16th) day after it is
mailed to the permittee unless a request for hearing is filed with the
Steering Committee pursuant to Section 618 no later than 5:00
p.m. on the fifteenth (15th) day following such mailing.
605. PERMIT REVOCATION
A. Grounds
The General Manager may revoke any permit when it is determined that a
permittee:
1. Knowingly provides a false statement, representation, record,
report, or other document to the District.
2. Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms, conditions, or
limits, discharge compliance, or compliance with this Ordinance.
63
3. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4. Fails to report significant changes in operations or wastewater
constituents and characteristics.
5. Fails to comply with the terms and conditions of an ECSA, permit
suspension, or probation order.
6. Discharges effluent to the District's sewerage system while its
permit is suspended.
7. Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
8. Does not make timely payment of all amounts owed to the District
for user charges, non-compliance sampling fees, permit fees, or
any other fees imposed pursuant to this Ordinance.
9. Causes interference with the District's collection, treatment, or
disposal system.
10. Fails to submit oral notice or written report of bypass occurrence.
11. Violates any condition or limit of its discharge permit or any
provision of the District's Ordinance.
B. Notice/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 forty-five (45) calendar days after the mailing
of such notice.
1. At the hearing, the penmittee 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.
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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 the revoked
permit, which records may be the basis for denial of a new permit.
4. An order of permit revocation issued by the General Manager shall
be final in all respects on the sixteenth (16th) day after it is mailed
to the permittee unless a request for hearing is filed with the
Steering Committee pursuant to Section 618 no later than 5:00
p.m. on the fifteenth (15th) day following such mailing.
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606. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
A Wastehauler's noncompliance with permit requirements shall be determined
by an analysis of a sample of the discharge for any constituent or conditions
specified in the Wastehauler's discharge permit or this Ordinance. If the
discharge of a Wastehauler is found by the analysis to be in excess of the
concentration limits specified in the Wastehauler's discharge permit or in this
Ordinance, the Wastehauler shall, after receiving a demand from the District,
identify in writing, all sources of the discharge.
Even if it is established to the satisfaction of the General Manager that the origin
of the discharge is septic waste or sanitary waste, the District may still elect not
to accept waste from that particular source.
If the discharge is from an industrial source(s) and exceeds permit concentration
limits or limits specified in this Ordinance, the following shall apply:
A. First Violation
1. The permittee shall pay a non-compliance sampling fee.
2. The Wastehauler permit for disposal privileges shall be suspended
for five (5) days.
B. Second Violation
1. The permittee shall pay a noncompliance sampling fee.
2. The Wastehauler permit for disposal privileges shall be suspended
for ten (10) days.
3. The Wastehauler permit may be revoked in accordance with
Section 606.
607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. Any person who discharges any waste which causes or contributes to
any obstruction, interference, damage, or any other impairment to the
District's sewerage facilities or to the operation of those facilities shall be
liable for all costs required to clean or repair the facilities together with
expenses incurred by the Districts to resume normal operations. Such
discharge shall be grounds for permit revocation. A service charge of
twenty-five percent (25%) of District's costs shall be added to the costs
and charges to reimburse the District for miscellaneous overhead,
1 6470o
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including administrative personnel and record keeping. The total amount
shall be payable within forty-five (45) days of invoicing by the District.
B. Any person who discharges a waste which causes or contributes to the
District violating its discharge requirements established by any
Regulatory Agency incurring additional expenses or suffering losses or
damage to the facilities, shall be liable for any costs or expenses incurred
by the District, including regulatory fines, penalties, and assessments
made by other agencies or a court.
608. INDUSTRIAL WASTE PASS THROUGH
Any person whose discharge results in a pass through event affecting the
District or its sewerage facilities shall be liable for all costs associated with the
event, including treatment costs, regulatory fines, penalties, assessments, and
other indirect costs. The discharger shall submit to the District plans to prevent
future recurrences to the satisfaction of the District.
609. PUBLICATION OF VIOLATION
Upon a determination in a permit suspension, permit revocation, or civil penalty
proceedings that a user has discharged in violation of its permit or any provision
under this Ordinance, the District may require that the user notify the public
and/or other users of the District's sewerage facilities of such violation, of
actions taken to correct such violation, and of any administrative or judicial
orders or penalties imposed as a result of such violation.
610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE
In accordance with Federal Regulations, the District shall annually cause to be
published the names of all industrial users in significant non-compliance. Upon
a minimum of a thirty (30)-day notification to the user, said publication shall be
made in the newspaper of the largest daily circulation published in the District's
service area.
611. PUBLIC NUISANCE
Discharge of wastewater in any manner in violation of this Ordinance or of any
order issued by the General Manager, as 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.
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612. TERMINATION OF SERVICE
A. The District, by order of the General Manager, may physically terminate
sewerage service to any property as follows:
1. On a term of any order of emergency suspension or revocation of a
permit; or
2. Upon the failure of a person not holding a valid discharge permit to
immediately cease discharge, whether direct or indirect, to the
District's sewerage facilities.
B. All costs for physical termination shall be paid by the user as well as all
costs for reinstating service.
613. EMERGENCY SUSPENSION ORDER
A. The District may, by order of the General Manager, suspend sewerage
service or Wastehauler discharge service when the General Manager
determines that such suspension is necessary in order to stop an actual
or impending discharge which presents or may present an imminent or
substantial endangerment to the health and welfare of persons, or to the
environment, or may cause interference to the District's sewerage
facilities, or may cause the District to violate any State or Federal Law or
Regulation. Any discharger notified of and subject to an Emergency
Suspension Order shall immediately cease and desist the discharge of all
industrial wastewater to the sewerage system.
B. As soon as reasonably practicable following the issuance of an
Emergency Suspension Order, but in no event more than five (5) days
following the issuance of such order, the General Manager shall hold a
hearing to provide the user the opportunity to present information in
opposition to the issuance of the Emergency Suspension Order. Such a
hearing shall not stay the effect of the Emergency Suspension Order.
The hearing shall be conducted in accordance with procedures
established by the General Manager and approved by the District's
General Counsel. The General Manager shall issue a written decision
and order within two (2) business days following the hearing, which
decision shall be sent by certified mail to the user or its legal
counsel/representative at that user's business address. The decision of
the General Manager following the hearing shall be final and not
appealable.
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614. INJUNCTION
Whenever a discharger of wastewater is in violation of or has the reasonable
potential to violate any provision of this Ordinance, permit condition, or any
Federal Pretreatment Standard or requirement as set forth in 40 CFR Section
403.8 at seq., fails to submit required reports, or refuses to allow the District
entry to inspect or monitor the user's discharge, the District may petition the
Superior Court for the issuance of a preliminary or permanent injunction, or both,
as may be appropriate to restrain the continued violation or to prevent
threatened violations by the discharger.
615. CIVIL PENALTIES
A. Authority
All users of the District's system and facilities are subject to enforcement actions
administratively orjudicially 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 Control Act (California Water Code
Section 13000 at seq.); (3) California Hazardous Waste Control Law(California
Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation
and Recovery Act of 1976 (42 U.S.C.A Section 6901 at seq.); and (5) California
Government Code, Sections 54739-54740.
B. Recovery of Fines or Penalties
In the event the District is subject to the payment of fines or penalties pursuant
to the legal authority and actions of other regulatory or enforcement agencies
based on a violation of law or regulation or its permits, and said violation can be
established by District, as caused by the discharge of any user of the District's
system which is in violation of any provision of the District's Ordinance or the
user's permit, District shall be entitled to recover from the user all costs and
expenses, including, but not limited to, the full amount of said fines or penalties
to which it has been subjected.
C. Ordinance
Pursuant to the authority of California Government Code Sections 54739 -
54740, any person who violates any provision of this Ordinance; any permit
condition, prohibition or effluent limit; or any suspension or revocation order
shall be liable civilly for a sum not to exceed $25,000.00 per violation for each
'a,u°B;u 00 69
day in which such violation occurs. Pursuant to the authority of the Clean Water
Act, 33 U.S.C. Section 1251 at seq., any person who violates any provision of
this Ordinance, or any permit condition, prohibition, or effluent limit shall be
liable civilly for a sum not to exceed $25,000.00 per violation for each day in
which such violation occurs. The General Counsel of the District, upon order of
the General Manager, shall petition the Superior Court to impose, assess, and
recover such penalties, or such other penalties as the District may impose,
assess, and recover pursuant to Federal and/or State legislative authorization.
D. Administrative Civil Penalties
1. Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the District may issue an administrative
complaint to any person who violates:
a) any provision of this Ordinance;
b) any permit condition, prohibition, or effluent limit; or
c) any suspension or revocation order.
2. The administrative complaint shall be served by personal delivery
or certified mail on the person and shall inform the person that a
hearing will be conducted, and shall specify a hearing date within
sixty (60) days following service. The administrative complaint will
allege the act or failure to act that constitutes the violation of the
District's requirements, the provisions of law authorizing civil
liability to be imposed, and the proposed civil penalty. The matter
shall be heard by the General Manager or his designee. The
person to whom an administrative complaint has been issued may
waive the right to a hearing, in which case a hearing will not be
conducted.
3. At the hearing, the person shall have an opportunity to respond to
the allegations set forth in the administrative complaint by
presenting written or oral evidence. The hearing shall be
conducted in accordance with the procedures established by the
General Manager and approved by the District's General Counsel.
4. After the conclusion of the hearing, the General Manager's
designee shall submit a written report to the General Manager
setting forth a brief statement of the facts found to be true, a
determination of the issues presented, conclusions, and a
recommendation.
W7CL1 70
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5. Upon receipt of the written report, the General Manager shall make
his determination and should he find that grounds exist for
assessment of a civil penalty against the person, he shall issue his
decision and order in writing within thirty (30) calendar days after
the conclusion of the hearing by his designee.
6. If, after the hearing or appeal, if any, it is found that the person has
violated reporting or discharge requirements, the General Manager
or Steering Committee may assess a civil penalty against that
person. In determining the amount of the civil penalty, the General
Manager or Steering Committee may take into consideration all
relevant circumstances, including but not limited to the extent of
harm caused by the violation, the economic benefit derived through
any non-compliance, the nature and persistence of the violation,
the length of time over which the violation occurs, and corrective
action, if any, attempted or taken by the person involved.
7. Civil penalties may be assessed as follows:
a) In an amount which shall not exceed two thousand dollars
($2,000.00)for each day for failing or refusing to furnish
technical or monitoring reports;
b) In an amount which shall not exceed three thousand dollars
($3,000.00) for each day for failing or refusing to timely
comply with any compliance schedules established by the
District;
c) In an amount which shall not exceed five thousand dollars
($5,000.00) per violation for each day of discharge in
violation of any waste discharge limit, permit condition, or
requirement issued, reissued, or adopted by the District;
d) In any amount which does not exceed ten dollars ($10.00)
per gallon for discharges in violation of any suspension,
revocation, cease and desist order or other orders, or
prohibition issued, reissued, or adopted by the District;
8. An order assessing administrative civil penalties issued by the
General Manager shall be final in all respects on the thirty-first
(31 st) day after its is served on the person unless an appeal and
request for hearing is filed with the Steering Committee pursuant to
Section 618 no later than the thirtieth (30th) day following such
mailing. An order assessing administrative civil penalties issued
2 e 0
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by the Steering Committee shall be final upon issuance.
9. Copies of the administrative order shall be served on the party
served with the administrative complaint, either by personal service
or by registered mail to the person at his business or residence
address, and upon other persons who appeared at the hearing and
requested a copy of the order.
10. Any person aggrieved by a final order issued by the Steering
Committee, after granting review of the order of the General
Manager, may obtain review of the order of the Steering Committee
in the superior court, pursuant to Government Code Section
54740.6, by filing in the court a petition for writ of mandate within
thirty (30) days following the service of a copy of the decision or
order issued by the Steering Committee.
11. Payment of any order setting administrative civil penalties shall be
made within thirty (30) days of the date the order becomes final.
The amount of any administrative civil penalties imposed which
have remained delinquent for a period of sixty (60) days shall
constitute a lien against the real property of the discharger from
which the discharge resulting in the imposition of the civil penalty
originated. The lien shall have no effect until recorded with the
county recorder. The District may record the lien for any unpaid
administrative civil penalties on the ninety-first(91 st) day following
the date the order becomes final.
12. No administrative civil penalties shall be recoverable under Section
615.D for any violation for which the District has recovered civil
penalties through a judicial proceeding filed pursuant to
Government Code Section 54740.
616. 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
S 1 ,000.00, or imprisonment for not more than thirty (30) days, or both. Each
viola'cn and each day in which a violation occurs may constitute a new and
separate violaticn of this Ordinance and shall be subject to the penalties
conca:nec Herein.
72
617. 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 received by the
District w thin fifteen (15) days of mailing of notice of the decision, action, or
determination cif the District to the appellant. The request for hearing shall set
forth in detail all -sets 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 appellant 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. Hearino
At the hearing, the appellant shall have the opportunity to present information
supporting its position concerning the Division Head's 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.
D. Written Determination
After the conclusion of the hearing, the Department Head (or other 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 whether to uphold, modify or reverse the
Division Head's c,iginal decision, action or determination. Upon receipt of the
wren report the General Manager shall make his determination and shall issue
his decis on and order within thirty (30) calendar days of the hearing by his
cesio:-ee. TF.e written decision and order of the General Manager shall be sent
by certified nail to the appellant or its legal counsel/representative at the
appellant's business address.
2° 3" 73
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The order of the General Manager shall be final in all respects on the sixteenth
(16th) day after it is mailed to the appellant unless a request for hearing is filed
with the Steering Committee pursuant to Section 618, no later than 5:00 p.m. on
the fifteenth day following such mailing.
618. APPEALS TO THE STEERING COMMITTEE
A. General
Any user, permit applicant, or permittee adversely affected by a decision, action,
or determination made by the General Manager may, prior to the date that the
General Manager's order becomes final, file a written request for hearing before
the Steering Committee of the Joint Boards of Directors accompanied by an
appeal fee in the amount established by a separate resolution of the District's
Board of Directors. The request for hearing shall set forth in detail all the issues
in dispute for which the appellant seeks determination and all facts supporting
appellant's request.
No later than sixty (60) days after receipt of the request for hearing, the Steering
Committee shall either set the matter for a hearing, or deny the request for a
hearing.
A hearing shall be held by the Steering Committee within sixty-five (65) days
from the date of determination granting a hearing, unless a later date is agreed
to by the appellant and the Steering 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. Grantino Reauest for Hearino
The Steering Committee shall grant all requests for a hearing on appeals
concerning permit suspension, revocation, or denial. Whether to grant or deny
the request for a hearing on appeals of other decisions of the General Manager
shall be within the sole discretion of the Steering Committee.
C. Appeal Fee Refund
The appeal fee shall be refunded if the Steering Committee denies a hearing or
reverses or modifies, in favor of the appellant, the order of the General Manager.
The fee shall not be refunded if the Steering Committee denies the appeal.
300 74
D. Written Determination
After the hearing, the Steering Committee shall make a determination whether to
uphold, modify, or reverse the decision, action, or determination made by the
General Manager.
The decision of the Steering 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 Steering Committee shall be
sent by certified mail to the appellant or its legal counsel/representative at the
appellants business address.
The order of the Steering Committee shall be final upon its adoption. In the
event the Steering Committee fails to reverse or modify the General Manager's
order, it shall be deemed affirmed.
618.1 Aooeal of Charges and Fees
Any user, permit applicant, or permittee affected by any decision, action, or
determination by the District, relating to fiscal issues of the District in which the
user, applicant, or permittee is located, including but not limited to the imposition
and collection of fees, such as connection charges, sewer use charges, special
purpose discharge use charges and Wastehauler fees, may request that the
District reconsider imposition of such fees or charges. Following review of such
a request, the District shall notify the user, permit applicant, or permittee by
certified mail of the District's decision on the reconsideration request. Any user,
permit applicant, or permittee adversely affected by the District's decision on the
reconsideration request may file an appeal which shall be heard by the Board of
Directors of the District in which the appellant's property is located. The notice
of appeal must be received by the District within thirty (30) days of the mailing of
the District's decision on the reconsideration request.
Notwithstanding the foregoing, appeals of non-compliance sampling fees shall
be made pursuant to the appeal procedures.set forth in Sections 617 and 618.
619. PAYMENT OF CHARGES
A. Except as otherwise provided, all fees, charges and penalties established
by this Ordinance are due and payable upon receipt of notice thereof. All
such amounts are delinquent if unpaid forty-five (45) days after date of
invoice.
zoeo= 75
B. Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1. Forty-six (46) days after date of invoice, a basic penalty of ten
percent (10%) of the base invoice amount, not to exceed a
maximum of$1,000.00; and
2. A penalty of one and one-half percent (1.5%) per month of the
base invoice amount and basic penalty shall accrue from and after
the forty-sixth (46th) day after date of invoice.
C. Any invoice outstanding and unpaid after ninety (90) days shall be cause
for immediate initiation of permit revocation proceedings or immediate
suspension of the permit.
D. Penalties charged under this Section shall not accrue to those invoices
successfully appealed, provided the District receives written notification of
said appeal prior to the payment due date.
E. Payment of disputed charges is still required by the due date during
District review of any appeal submitted by permittees.
619.1 Collection of Delinquent Accounts
Collection of delinquent accounts shall be in accordance with the District's policy
resolution establishing procedures for collection of delinquent obligations owed
to the District, as amended from time to time by the Board of Directors. Any
such action for collection may include an application for an injunction to prevent
repeated and recurring violations of this Ordinance.
620. RECOVERY OF COSTS INCURRED BY DISTRICT
In the event permittee fails to comply with any of the terms and conditions of the
District's Ordinance, a probationary order, a permit suspension or revocation, an
ECSA, RCSA, or a permit issued hereunder, the District shall be entitled to
reasonable attorney's fees and costs which may be incurred in order to enforce
any of said terms and conditions, with or without filing proceedings in court.
621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT
A. Compliance Deposit
Permittees that have been subject to enforcement and/or collection proceedings
may be required to deposit with the District an amount determined by the
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saa7o_i 76
General Manager as necessary to guarantee payment to District of all charges,
fees, penalties, costs and expenses that may be incurred in the future, before
permission is granted for further discharge to the sewer.
B. Delinquent Accounts
The District may require an amendment to the permit of any permittee who fails
to make payment in full of all fees and charges assessed by the District,
including reconciliation amounts, delinquency penalties, and other costs or fees
incurred by Permittee.
C. Bankruptcy
Every Permittee filing any legal action in any court of competent jurisdiction,
including the United States Bankruptcy Court, for purposes of discharging its
financial debts or obligations or seeking court-ordered, protection from its
creditors, shall, within ten (10) days of filing such action, apply for and obtain the
issuance of an amendment to its permit.
D. Permit Amendments
The District shall review and examine Permittee's account to determine whether
previously incurred fees and charges have been paid in accordance with time
requirements prescribed by this Ordinance. The District may thereafter issue an
amendment to the User's permit in accordance with the provisions of Article 3
and Section 621(E)of this Ordinance.
E. Security
An amendment to a waste discharge permit issued pursuant to Sections 621(B),
(C), and (D), may be conditioned upon the Permittee depositing financial
security in an amount equal to the average total fees and charges for two (2)
calendar quarters during the preceding year. Said deposit shall be used to
guarantee payment of all fees and charges incurred for future services and
facilities furnished by District and shall not be used by the District to recover
outstanding fees and charges incurred prior to the Permittee filing and receiving
protection from creditors in the United States Bankruptcy Court.
F. Return of Security
In the event the Permittee makes payment in full within the time prescribed by
this Ordinance of all fees and charges incurred over a period of two (2) years
following the issuance of an amendment to the permit pursuant to Sections
621(B), (C), and (D), the District shall either return the security deposit posted by
eei 77
the Permittee or credit their account.
622. JUDICIAL REVIEW
A. Purpose and Effect
Pursuant to Section 1094.6 of the California Code of Civil Procedure, the District
hereby enacts this part to limit to ninety (90) days following final decisions in
adjudicatory administrative hearings the time within which an action can be
brought to review such decisions by means of administrative mandamus.
B. Definitions
As used in this Section, the following terms and words shall have the
following meanings:
1. Decision shall mean and include adjudicatory administrative
decisions that are made after hearing, or after revoking,
suspending, or denying an application for a permit or a license.
2. Complete Record shall mean and include the transcript, if any
exists, of the proceedings, all pleadings, all notices and orders, any
proposed decision by the General Manager, the final decision, all
admitted exhibits, all rejected exhibits in the possession of the
District or its offices or agents, all written evidence, and any other
papers in the case.
3. Party shall mean a person whose permit has been denied,
suspended, or revoked.
C. Time Limit for Judicial Review
Judicial review of any decision of the District or its officer or agent may be made
pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for
writ of mandate is filed not later than the ninetieth (90th) day following the date
on which the decision becomes final. If there is no provision for reconsideration
in the procedures governing the proceedings or if the date is not otherwise
specified, the decision is final on the date it is made. If there is provision for
reconsideration, the decision is final upon the expiration of the period during
which such reconsideration can be sought; provided that if reconsideration is
sought pursuant to such provision the decision is final for the purposes of this
Section on the date that reconsideration is rejected.
0 78
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 (301h) 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.
G. Administrative Civil Penalties
Notwithstanding the foregoing in Section 622, and pursuant to Government
Code Section 54740.6, judicial review of an order of the Steering Committee
imposing administrative civil penalties pursuant to Section 615.1) may be made
only if the petition for writ of mandate is filed not later than the thirtieth (301h) day
following the day on which the order of the Steering Committee becomes final.
ARTICLE 7
SEWER SERVICE CHARGES - CONNECTION CHARGES
701. SANITARY SEWER SERVICE CHARGE
Every parcel of real property located within the District which is improved with
structures designed for residential, commercial, or industrial use, and connected
to the District's system, shall pay a sanitary sewer service charge in an amount
adopted by the Board of Directors by separate Ordinance.
2090-300 79
64070 1
702. CAPITAL FACILITIES CONNECTION 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, shall pay a capital facilities connection charge in an
amount adopted by the Board of Directors by separate Ordinance.
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.
802. GENERAL APPLICATION
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.
Section II: This Ordinance is enacted as an urgency measure to take effect
immediately, in order to preserve the public health and safety, and in order to continue
the provision of sewer services by the newly-formed District. The facts requiring the
public health and safety to be preserved are that the regulation of the discharge of
industrial and sanitary sewage is regulated by federal and state law, and protection of
individuals' health and the environment require that no discharges of untreated
sewage/wastewater are allowed to occur that are not in accord with technical
specifications and requirements.
Section III: This Ordinance shall take effect immediately upon adoption.
Section IV: The Secretary of the Board shall certify to the adoption of this
Ordinance and shall cause a summary to be published in a newspaper of general
circulation as required by law.
msoaoo 80
eM 1
PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the
Board of Directors of the Orange County Sanitation District at a Special Meeting held
July 1, 1998.
c--
Chair, Board of Directors
Orange County Sanitation District
ATTE T:
I.42
Secretary#the Boay of Directors
Orange County Sanit tion District
Thomas L. Woodruff, General Counsel
2090 o 81
W70 1
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, PENNY KYLE, Secretary of the Board of Directors of Orange County
Sanitation, do hereby certify that the above and foregoing Ordinance No. OCSD-01
was passed and adopted at a special meeting of said Board on the 1st day of July,
1998, by the following vote, to wit:
AYES: Burnie Dunlap, Chair; George Brown; John Collins; Jan Debay;
Barry Denes; Harry Dotson; James M. Ferryman; Mark Leyes;
Patsy Marshall; Pat McGuigan; Darryl Miller; Eva Miner-Bradford;
Mark A. Murphy; Margie Rice; Thomas R. Saltarelli; Christina
Shea; William G. Steiner; Dave Sullivan; Charles E. Sylvia
NOES: None
ABSENT: Steve Anderson; Don Bankhead; Norman Z. Eckenrode; John M.
Gullixson; Anna L. Piercy; Bob Zemel
IN WITNESS WHEREOF, I have hereunto set my hand this 1 st day of July,
1998.
Penny M. Ole
Secretary of the Boa of Directors of
Orange County Sanitation District
HiWP.DTAWWINIWS RDINANCESUM C l.CERTIPICATION.DOC