HomeMy WebLinkAboutOCSD-39 REPEALED BY
OCSD-48 711116
ORDINANCE NO. OCSD-39
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT ESTABLISHING
WASTEWATER DISCHARGE REGULATIONS,REVISING
ARTICLE 1, SECTION 104, AND REPEALING ORDINANCE
NO. OCSD-37
The Board of Directors of the Orange County Sanitation District (OCSD)
does hereby FIND:
A. That a comprehensive 30-year Master Plan of Capital Facilities, entitled
"Collection, Treatment and Disposal Facilities Master Plan — 1989", hereinafter
referred to as the "Master Plan", which includes detailed financial and
engineering reports, was prepared, approved, and adopted by the Boards of
Directors of the Predecessor Districts in 1989, setting forth and identifying the
required future development of OCSD Facilities, including the financial
projections for providing sewer service to all properties within the individual
service areas of each of the nine Predecessor Districts; and,
B. That the financial and engineering reports of the Master Plan were made
available to the public, both prior to and subsequent to the adoption of the Master
Plan, and were subject to noticed public hearings, all in accordance with the
provisions of the California Constitution and Government Code Section 66016,
and other provisions of law; and,
C. That the OCSD, in 1997, as part of its maintenance and updating of its
Master Plan, undertook a comprehensive evaluation and study of its operational
and financial needs for the next 20 years, including a detailed assessment of all
types and categories of users; the demands on the system and capacity needs of
the system to provide necessary service to the multiple categories of users; the
total costs of the existing and future facilities in the system; and alternate
methodologies for establishing fair and equitable charges to connect to and gain
access to the system. These comprehensive planning, engineering, and
financial studies led to the development of an updated Comprehensive Master
Plan of Capital Facilities, which was approved and adopted by OCSD Resolution
No. 99-21 of the Board of Directors on October 27, 1999; and,
D. That in June 2002 the OCSD completed the Interim Strategic Plan Update
(ISPU) which further updated these critical factors and developed revised cost
estimates and user fee projections for upgrading the OCSD's level of treatment
to secondary standards. On July 17, 2002, after reviewing: (1) the ISPU
treatment alternatives, (2) ocean monitoring data, (3) public input, (4) regulatory
issues, and (5) financial considerations, the Board of Directors made the decision
to upgrade our treatment to meet secondary treatment standards; and,
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Ordinance OCSD-39
E. That the OCSD is required by federal and state law, including the Clean
Water Act (33 U.S.C. 1251, at seg.), the General Pretreatment Regulations (40
C.F.R. 403), and the Porter-Cologne Water Quality Control Act (Water Code
Sections 13000 at seg.), to implement and enforce a program for the regulation
of wastewater discharges to the OCSD's sewers; and,
F. That the OCSD is required by federal, state and local law to meet
applicable standards of treatment plant effluent quality; and,
G. 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) and categorically exempt pursuant to California Code of Regulations
Sections 15307 and 15308.
NOW, THEREFORE, the Board of Directors of the Orange County
Sanitation District does hereby ORDAIN:
Section I: Wastewater Discharge Regulations governing the use of OCSD
sewerage facilities are hereby enacted to provide:
ARTICLE 1
GENERAL PROVISIONS
101. PURPOSE AND POLICY
This ordinance sets uniform requirements for Users of OCSD's facilities and
enables OCSD to comply with all applicable State and Federal laws, including
the Clean Water Act (33 United States Code [U.S.C.] section 1251 at seq.) and
the General Pretreatment Regulations (Title 40 of the Code of Federal
Regulations [CFR] Part 403). 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 OCSD.
A. The purpose of this Ordinance is to provide for the maximum public
benefit from the use of the OCSD 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 supporting the proper disposal of Prescription Drugs
as noted in the guidelines published by the Office of National Drug Control
Policy. The revenues to be derived from the application of this Ordinance
shall be used to defray all costs of providing sewerage service by the
OCSD, including, but not limited to, administration, operation, monitoring,
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maintenance, financing, capital construction, replacement and recovery,
and provisions for necessary reserves;
B. This ordinance is meant to protect both OCSD personnel who may be
affected by wastewater, sludge, and biosolids in the course of their
employment and the general public;
C. To comply with Federal, State, and local policies and to allow the OCSD to
meet applicable standards of treatment plant effluent quality, biosolids
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 OCSD's sewerage systems, processes, effluent
quality, biosolids quality, air emission characteristics, or inhibit the OCSD's
ability to beneficially reuse or dispose of its treated wastewater, biosolids
or meet biosolids 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 OCSD'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 OCSD 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 OCSD is committed to a policy for the beneficial use of
biosolids, the implementation of programs to land-apply or provide for the
marketing and distribution of biosolids may necessitate more stringent
quality requirements on wastewater discharges.
F. Since the OCSD is also committed to meet applicable air quality goals
established by the South Coast Air Quality Management OCSD, more
stringent quality requirements on wastewater discharges may be required
to meet such goals.
102. DEFINITIONS
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A. Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for the Examination of
Water and Wastewater, published by the American Public Health
Association, the American Water Works Association and the Water
Pollution Control Federation.
The testing procedures for waste constituents and characteristics shall be
as provided in 40 CFR 136 (Code of Federal Regulations; Title 40;
Protection of Environment; Chapter I, Environmental Protection Agency;
Part 136, Test Procedures for the Analyses of Pollutants), or as specified.
Other terms not herein defined are defined as being the same as set forth
in the International Conference of Building Officials Uniform Building
Code, Current Edition.
1. Best Management Practices (BMPs) shall mean schedules of
activities, prohibitions of practices, maintenance procedures,
operating procedures, practices to control spillage or leaks,
treatment requirements, and other management practices to
prevent or reduce pollution or to meet Article 2 standards.
2. Biochemical Oxygen Demand (BOD) shall mean a measurement of
oxygen utilized by the decomposition of organic material, over a
specified time period (usually 5 days) in a wastewater sample. It is
used as a measurement of the readily decomposable organic
content of wastewater.
3. Board shall mean the Board of Directors of the Orange County
Sanitation District.
4. Bvipass shall mean the intentional diversion of wastestreams from
any portion of an industrial user's treatment facility.
5. Capital Facilities Connection Charge shall mean the payment of a
fee, imposed by the governing Board of the OCSD, to pay for the
future costs of constructing new sewerage collection, treatment,
and disposal facilities; and as a contributive share of the cost of the
existing facilities. This charge shall be paid by all property owners
at the time they develop the property and connect directly or
indirectly to the OCSD 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.
6. Charge For Use shall mean the OCSD's sanitary sewer service
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charge, a charge established and levied by the OCSD upon
residential, commercial and industrial users of the OCSD'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. The minimum charge for use is the Annual Sewer Service
Fee Residential Users
7. Chemical Oxygen Demand (COD) shall mean a measure of the
oxygen required to oxidize all compounds, both organic and
inorganic, in wastewater.
8. 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 to have a reasonable potential for adversely
affecting the OCSD's operation or for violating any
pretreatment standard, local limit, or discharge requirement;
or
d) may cause, pass through or interference with the OCSD
sewerage facilities
9. Class II Use shall mean any industrial user whose charge for use
is greater than special assessment "OCSD Sewer User Fee"
included on the County of Orange secured property tax bill
exclusive of debt service, that discharges wastes other than
sanitary, and that is not otherwise required to obtain a Class I
permit.
10. 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.
11. Compatible Pollutant shall mean a combination of biochemical
oxygen demand, suspended solids, pH, fecal coliforrn bacteria, plus
other pollutants that the OCSD'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
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OCSD's system or NPDES permit, or when discharged in qualities
or quantities violating any Federal Categorical Pretreatment
Standard, local limit, or other discharge requirement.
12. 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.
13. Connection Permit shall mean a permit issued by the OCSD, upon
payment of a capital facilities connection charge, authorizing the
permittee to connect directly to a OCSD sewerage facility or to a
sewer which ultimately discharges into a OCSD sewerage facility.
14. Control Authority shall mean the Orange County Sanitation District.
15. Department Head shall mean that person duly designated by the
General Manager to direct the Technical Services Department,
including the Source Control Division and perform those delegated
duties as specified in this Ordinance.
16. 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.
17. District shall mean the Orange County Sanitation District.
18. Division Head shall mean that person duly designated by the
General Manager to implement the OCSD's Source Control
Program and perform the duties as specified in this Ordinance.
19. Domestic Seotaoe shall mean the liquid and solid material removed
from a septic tank, cesspool, portable toilet, Type III marine
sanitation device, or similar treatment works that receives only
domestic wastewater.
20. Domestic Wastewater shall mean the liquid and solid waterbome
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.
21. Downstream Semolina or Monitoring shall mean sampling or
monitoring usually conducted in a city or agency owned sewer for
the purpose of determining the compliance status of an industrial or
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commercial discharger.
22. Dry Weather Urban Runoff shall mean surface runoff flow that is
generated from any drainage area within OCSD's service area
during a period that does not fall within the definition of Wet
Weather. It is surface runoff that contains pollutants that interfere
with or prohibit the recreational use and enjoyment of public
beaches or cause an environmental risk or health hazard.
23. Enforcement Compliance Schedule Agreement (ECSA) shall mean
a mutual agreement between the OCSD and pennittee requiring
implementation of necessary pretreatment practices and/or
installation of equipment to ensure permit compliance.
24. 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.
25. Federal Regulations shall mean any applicable provision of the
Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, Title 33, United States Code, Section 1251
and following, and any regulation promulgated by the United States
Environmental Protection Agency under Title 40 CFR implementing
that act.
26. 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.
27. General Manager shall mean the individual duly designated by the
Board of Directors of the OCSD to administer this Ordinance
(REFER TO SECTION 107).
28. 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.
29. Industrial User shall mean any user that discharges industrial
wastewater.
30. Industrial Wastewater shall mean all liquid-carried wastes and
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wastewater of the community, excluding domestic wastewater and
domestic septage, and shall include all wastewater from any
producing, manufacturing, processing, agricultural, or other
operation.
31. Inspector shall mean a person authorized by the General Manager
to inspect any existing or proposed wastewater generation,
conveyance, processing, and disposal facilities.
32. Interference shall mean any discharge which, alone or in
conjunction with a discharge or discharges from other sources,
either:
a) inhibits or disrupts the OCSD, its treatment processes or
operations, or its biosolids processes, use, or disposal; or
b) is a cause of a violation of any requirement of the OCSD's
NPDES permit or prevents lawful biosolids or treated effluent
use or disposal.
33. LEL (Lower Explosive Limit l 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.
34. Local Sewerina Agency shall mean any public agency or private
corporation responsible for the collection and disposal of
wastewater to the OCSD's sewerage facilities duly authorized
under the laws of the State of California to construct and/or
maintain public sewers.
35. 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.
36. 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
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particular constituent or combination of constituents.
37. Maximum Allowable Discharge Limit shall mean the maximum
quantity or concentration of a pollutant allowed to be discharged at
any period of time.
38. May shall mean permissive or discretionary.
39. 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.
40. Milligrams Per Liter(mg/L) shall mean a unit of the concentration of
a constituent or compound that is found in water or wastewater. It
is 1 milligram of the constituent or compound in 1 liter of water or
wastewater.
41. 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.
42. North American Industry Classification System (NAICS) shall mean
an industry classification system that groups establishments into
industries based on the activities in which they are primarily
engaged.
43. National Pollutant Discharge Elimination System Permit (NPDES
Permit) 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.
44. New Source shall mean those sources that are new as defined by
40 CFR 403.3(k) as revised.
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45. Non-Compatible Pollutant shall mean any pollutant which is not a
compatible pollutant as defined herein.
46. Normal Working Day shall mean the period of time during which
production or operation is taking place or any period during which
discharge to the sewer is occurring.
47. OCSD shall mean Orange County Sanitation District.
48. OCSD Sewerage Facility or System shall mean any property
belonging to the OCSD used in the treatment, reclamation, reuse,
transportation, or disposal of wastewater, or biosolids.
49. Ordinance shall mean that document entitled "Wastewater
Discharge Regulations" containing OCSD requirements, conditions,
and limits for connecting and discharging to the sewer system, as
may be amended and modified.
50. M 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.
51. Pass Through shall mean discharge through the OCSD'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
OCSD's NPDES permit.
52. Permittee shall mean a person who has received a permit to
discharge wastewater into the OCSD's sewerage facilities subject
to the requirements and conditions established by the OCSD.
53. Person shall mean any individual, partnership, copartnership,
company, firm, association, corporation or public agency, joint stock
company, trust, estate, or any other legal entity; or their legal
representatives, agents, assigns, including all Federal, State, and
local governmental entities.
54. Pesticides shall mean those compounds classified as such under
Federal or State law or regulations including, but not limited to DDT
(dichlorodiphenyltdchloro-ethane, both isomers), DOE
(dichlorodiphenyl-ethylene), DOD (dichlorodiphenyldichloroethane),
Aldrin, Benzene Hexachloride (alpha [a], beta [0], and gamma
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isomers), Chlordane, Endrin, Endrin aldehyde,
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), toxaphene,
a-endosulfan, O-endosulfan, Endosulfan sulfate, Heptachlor,
Heptachlor epoxide, Dieldrin, Demeton, Guthion, Malathion,
Methoxychlor, Mirex, and Parathion.
55. Pollutant shall mean any constituent, compound, or characteristic of
wastewaters on which a discharge limit may be imposed either by
the OCSD or the regulatory bodies empowered to regulate the
OCSD.
56. Polychlorinated Biohenvls (PCB) shall mean those compounds
classified as such under Federal or State law including, but not
limited to Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254,
1260, and 1262.
57. 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
OCSD prior to, or in lieu of, discharge of the wastewater into the
OCSD's system. The reduction or alteration can be obtained by
physical, chemical or biological processes, by process changes, or
by other means.
58. Pretreatment Facility shall mean any works or devices that the
General Manager determines are appropriate to treat, restrict, or
prevent the flow of industrial wastewater prior to discharge into a
public sewer.
59. Priority Pollutants shall mean the most recently adopted list of toxic
pollutants identified and listed by EPA as having the greatest
environmental impact. They are classified as non-compatible
pollutants and may require pretreatment prior to discharge in order
to prevent:
a) interference with the OCSD's operation; or
b) biosolids contamination; or
c) pass through into receiving waters or into the atmosphere.
60. Public Aaencv shall mean the State of California and any city,
county, district, other local authority or public body of or within this
State.
61. Public Sewer shall mean a sewer owned and operated by the
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OCSD, a city or other local sewering agency which is tributary to
the OCSD's sewerage facilities.
62. RCRA shall mean Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6901, at seq.) and as amended.
63. Regulatory Agencies shall mean those agencies having jurisdiction
over the operation of the OCSD 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 Environmental Protection Agency(Cal-EPA).
64. Reaulatory Compliance Schedule Agreement (RCSA) shall mean
an agreement between the OCSD and permittee requiring the
permittee to implement pretreatment practices and/or install
equipment to ensure compliance with future revised categorical
pretreatment standards or revised discharge limits.
65. Sample Point shall mean a location accepted by the OCSD, from
which wastewater can be collected that is representative in content
and consistency of the entire flow of wastewater being sampled.
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66. Semolina Facilities shall mean structure(s) provided at the user's
expense for the OCSD or user to measure and record wastewater
constituent mass, concentrations, collect a representative sample,
or provide access to plug or terminate the discharge.
67. Sanitary Waste shall mean domestic wastewater, human
excrement and gray water (household showers, dishwashing
operations, etc).
68. Septic Waste shall mean any sewage from holding tanks such as
vessels, chemical toilets, campers, trailers, and septic tanks.
69. Service Area shall mean an area for which the OCSD has agreed
to either provide sewer service, or wastewater treatment, or
wastewater disposal
70. Sewa a shall mean wastewater.
71. Sewerage Facilities or System shall mean any and all facilities used
for collecting, conveying, pumping, treating, and disposing of
wastewater or sludge or biosolids.
72. Shall mean mandatory.
73. Significant Non-Compliance (SNC) shall mean the compliance
status of an industrial user who is in violation of one or more of the
criteria as described in 40 CFR 403.
74. Slue Load shall mean a discharge that exceeds the prohibitions
stated in Section 201 and significantly exceeds the usual user flow
or pollutant loading, either mass or concentration.
75. Sludge shall mean any solid, semi-solid or liquid decant, subnate or
supemate from a manufacturing process, utility service, or
pretreatment facility.
76. Soecial Assessment Credit shall mean the portion of the secured
property tax bill that represents the regional special assessment
sewer user fee as defined by the OCSD.
77. Special Purpose Use shall mean any discharger who is granted a
Special Purpose Discharge Permit by the OCSD to discharge
unpolluted water, storm runoff, or groundwater to the OCSD's
sewerage facilities.
78. Spent Solutions shall mean any concentrated industrial wastewater.
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79. Spill Containment shall mean a protection system installed by the
permittee to prohibit the discharge to the sewer of non-compatible
pollutants.
80. 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.
81. 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.
82. Tax Credit shall mean the Annual Regional Sewer Service Charge
on the Secured Property tax bill.
83. Total Organic Carbon (TOC) shall mean the measure of total
organic carbon in domestic or other wastewater as determined by
the appropriate testing procedure.
84. Total Toxic Oroanics (TTO) shall mean the summation of all
quantifiable values greater than 0.01 milligrams per liter for the
organics regulated by the EPA or OCSD for a specific industrial
category.
85. Unpolluted Water shall mean water to which no pollutant has been
added either intentionally or accidentally.
86. 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.
87. 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.
88. 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
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retained by the generator for recyclable wastes or liquid
non-hazardous wastes as required by the OCSD.
89. Wastehauler shall mean any person carrying on or engaging in
vehicular transport of waste as part of, or incidental to, any
business for the purpose of discharging said waste into the OCSD's
system.
90. 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.
91. Wastewater Constituents and Characteristics shall mean the
individual chemical, physical, bacteriological, and radiological
parameters, including volume and flow rate and such other
parameters that serve to define, classify or measure the quality and
quantity of wastewater.
92. Wet Weather shall mean any period of time during which
measurable rainfall occurs within of OCSD's service area. This
period shall include the time following the cessation of rainfall until
OCSD determines that the wet weather event is no longer
impacting OCSD's sewerage system.
B. Words used in this Ordinance in the singular may include the plural and
the plural the singular. Use of masculine shall mean feminine and use of
feminine shall mean masculine. Shall is mandatory; may is permissive or
discretionary.
103. CONFIDENTIAL INFORMATION
All user information and data on file with the OCSD 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 OCSD 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.
Wastewater constituents and characteristics and other effluent data, as defined
In 40 CFR 2.302 shall not be recognized as confidential information and shall be
available to the public.
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 existina
facility may be transferred to a new owner and/or operator of that
facility.
B. When the permittee Is a legal entity(such as a corporation, partnership,
limited liability company, or other legal entity), the permittee Is deemed to
have undergone a change of ownership when any other legal entity or
person acquires direct or indirect ownership or control of more than fifty
percent(50%) of the total ownership interest in the permittee.
C At least thirty (30) days prior to the sale or transfer of ownership of any
business operating under a permit Issued by the OCSD, the permittee
shall notify the OCSD in writing of the proposed sale or transfer. The
successor owner shall apply to the OCSD 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 OCSD to the successor owner.
D. The written notification of Intended transfer shall be in a form approved by
the OCSD 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;
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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 OCSD is regulated by several agencies of the United States Government
and the State of California, pursuant to the provisions of Federal and State Law.
Federal and State Laws grant to the OCSD the authority to regulate and/or
prohibit, by the adoption of ordinances or resolutions, and by issuance of
discharge permits, the discharge of any waste, directly or indirectly, to the
OCSD's sewerage facilities. Said authority includes the right to establish limits,
conditions, and prohibitions; to establish flow rates or prohibit flows discharged to
the OCSD's sewerage facilities; to require the development of compliance
schedules for the installation of equipment systems and materials by all users;
and to take all actions necessary to enforce its authority, whether within or
outside the OCSD's boundaries, including those users that are tributary to the
OCSD or within areas for which the OCSD has contracted to provide sewerage
services.
The OCSD 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 OCSD 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.
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
Page 17 of 80
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 not limited to fines and Imprisonment for submitting
false information."
The statement shall be signed by an authorized representative of the industrial
user as defined In 40 CFR 403 or as defined and designated by the OCSD.
ARTICLE 2
GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR DISCHARGE
201. PROHIBITED DISCHARGES
These prohibitions apply to all users of the OCSD facilities whether or not they
are subject to Federal Categorical Pretreatment Standards or any other National,
State, or local pretreatment standards or requirements.
A. General Prohibitions.
1. No user shall Introduce or cause to be introduced Into the OCSD
any pollutant, wastewater, or flow which causes pass through or
interference or would cause the OCSD to violate any Federal,
State, or local regulatory requirement.
2. 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 OCSD to violate any Federal,
State, or local regulatory permit.
3. 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 OCSD sewerage system without written permission
from the OCSD.
4. No person shall deliver by vehicular transport, rail car, or dedicated
pipeline, directly or indirectly to the OCSD sewerage facilities,
wastewater which contains any substance that is defined as a
hazardous waste by the Regulatory Agencies.
B. Specific Prohibitions. No user shall introduce or cause to be Introduced
Into the sewerage facilities, pollutants, substances, or wastewater which:
1. Creates a fire or explosive hazard in the sewerage facilities
including, but not limited to, wastestreams with a closed-cup
Page 18 of 80
flashpoint of less than 140 degrees F (60 degrees C) using the test
methods specified in 40 CFR 261.21; or produces a gaseous
mixture that is 10% or greater of the lower explosive limit(LEL).
2. Causes obstruction to the flow in the sewer system resulting in
interference or damage to the sewerage facilities.
3. Produces noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other wastes,
is sufficient to create a public nuisance or a hazard to life, or to
prevent entry into the sewers for maintenance or repair.
4. Results in toxic gases, vapors, or fumes within the sewerage
facilities in a quantity that may cause acute worker health and
safety problems.
5. Contains any radioactive wastes or isotopes except in compliance
with applicable regulations from other governmental agencies
empowered to regulate the use of radioactive materials.
6. Causes, alone or in conjunction with other sources, the OCSD's
treatment plant effluent to fail a toxicity test.
7. Caused the OCSD's effluent or any other product of the treatment
process, residues, biosolids, or scums, to be unsuitable for
reclamation, reuse or disposal.
8. Causes discoloration or any other condition which affects the
quality of the OCSD's influent or effluent in such a manner that
inhibits the OCSD's ability to meet receiving water quality, biosolids
quality, or air quality requirements established by Regulatory
Agencies.
9. Creates excessive foaming in the sewerage facilities.
10. Violates any applicable Federal Categorical Pretreatment Standard,
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.
11. Has 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).
12. Has a pH less than 6.0 or greater than 12.0.
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13. Has a maximum Biochemical Oxygen Demand (BOD) greater than
15,000 pounds per day.
14. Is in excess of the permitted mass emission rates established in
accordance with: Section 212, or the concentration limits set forth in
Table I, or the discharge permit.
15. Contains 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, wood, bones, hair, and fleshings.
202. PROHIBITION ON DILUTION
No user shall increase the use of water or in any other manner attempt to dilute a
discharge as a partial or complete substitute for treatment to achieve compliance
with this Ordinance and the user's permit or to establish an artificially high flow
rate for permit mass emission rates.
203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER
A. No person shall discharge groundwater, surface runoff, or subsurface
drainage directly or indirectly to the OCSD's sewerage facilities except as
provided herein. Pursuant to Section 304 or 305, at seq., the OCSD may
approve the discharge of such water only when no aRemate method of
disposal is reasonably available or to mitigate an environmental risk or
health hazard.
B. The discharge of such waters shall require a Dry Weather Urban Runoff
Permit or a Special Purpose Discharge Permit from the OCSD.
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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 OCSD.
204. PROHIBITION ON UNPOLLUTED WATER
A. No person shall discharge unpolluted water such as single pass cooling
water directly or indirectly to the OCSD's sewerage facilities except as
provided herein. Pursuant to Section 305, at seq., the OCSD 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 OCSD.
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 OCSD.
205. RESERVED
206. PROHIBITION ON THE USE OF GRINDERS
A. 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.
B. Waste from Food Service Establishments operating a grinder is prohibited
and shall not be discharged into a public sewer unless written
authorization from the OCSD General Manager or his designee is
obtained.
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 OCSD upon written application by the user and payment
of the applicable fees and charges established herein.
Page 21 of 80
208. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER
DISCHARGES-TO THE OCSD SEWERAGE SYSTEM AND WASTEHAULER
STATION
A. No Wastehauler shall discharge to the OCSD sewerage system, domestic
septage or other approved waste or wastewater from a vacuum pumping
truck or other liquid waste transport vehicle, without first obtaining both a
valid Orange County Health Care Agency Permit and a OCSD
Wastehauler Permit as required by Section 306. Such wastewaters shall
be discharged only at locations designated by the OCSD, and at such
times as established by the OCSD. The OCSD may collect samples of
each hauled load to ensure compliance with applicable standards.
B. No Wastehauler shall discharge domestic septage or other approved
waste or wastewater constituents in excess of Limits 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
Maximum Local Discharge Limits as specked in Table I, whichever are
more stringent. The discharge of hauled industrial wastewater is subject
to all other requirements of this ordinance.
D. No Wastehauler shall discharge wastewater to sewers that are tributary to
the OCSD's sewerage facilities that are from a source that is not within the
OCSD's service area unless prior authorization is granted by the General
Manager or his designee.
E. No Wastehauler shall discharge directly or indirectly to the sewerage
facilities any material defined as hazardous waste by RCRA or 40 CFR
261.
F. Wastehaulers shall provide a waste-tracking form for every load. This
form shall include, at a minimum, the name and address of the industrial
waste hauler, permit number, truck identification, names and addresses of
sources of waste, and volume and characteristics of waste.
G. Discharge at the OCSD disposal station shall be through an appropriate
hose and connection to the discharge port. Discharging waste directly to
the surface area of the disposal station is prohibited.
H. Wastehauler hoses must be connected to the disposal station discharge
port when being cleaned.
I. Transferring loads between trucks or from portable toilets to trucks on
Page 22 of 80
OCSD property Is prohibited unless permisslon from OCSD Is obtained.
209. RESERVED
210. 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 OCSD 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.
211. 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 OCSD or appropriate Regulatory Agency. All waste manifests shall be
retained for a minimum of three years, and made available to the OCSD upon
request.
212. 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 or his designee.
B. To verify the user's operating data, the OCSD may require a user to
submit an inventory of all wastewater streams and/or records indicating
production rates.
Page 23 of 80
C. The OCSD 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 OCSD; the OCSD's
ability to meet NPDES limits; or changes in the requirements of
Regulatory Agencies.
D. The excess use of water to establish an artificially high flow rate for mass
emission rate determination is prohibited.
TABLET
ORANGE COUNTY SANITATION DISTRICT
MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS(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 Tom Organics 0.58
Sulfide(Total) 5.0
Sulfide(Dissolved) 0.5
Oil and grease of mineral or petroleum origin 100.0
Boo 15,000 Ibs/day
MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR
WASTEHAULERS DISCHARGING DOMESTIC SEPTAGE
CONSTITUENT MILLIGRAMS/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.
Page 24 of 80
ARTICLE 3
DISCHARGE PERMITS, CHARGES, AND FEES
301. INTRODUCTION
A. To provide the maximum public benefit from the use of OCSD 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
OCSD reserves the right to establish, by Ordinance or in Wastewater
Discharge Permits, more stringent standards or requirements on
discharges to the OCSD 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 five forms and is dependent upon
the type of discharger, volume, and characteristics of discharge. The five
discharge permits are:
1. Class I Wastewater Discharge Permit.
2. Class II Wastewater Discharge Permit.
3. Dry Weather Urban Runoff Discharge Permit.
4. Special Purpose Discharge Permit.
5. Wastehauler 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 OCSD. The conditions of Wastewater Discharge
Permits shall be enforced by the OCSD in accordance with this Ordinance
and applicable State and Federal Regulations.
C. All Class I users proposing to discharge directly or indirectly into the
OCSD 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
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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 OCSD to have a
reasonable potential for adversely affecting the OCSD'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 OCSD
system.
302.1 Class I Wastewater Discharas Permit Application
A. Any person required to obtain a Class I Wastewater Discharge Permit
shall complete and file with the OCSD, prior to commencing discharge, an
application on the form prescribed by the OCSD. The applicant shall
submit, in units and terms appropriate for evaluation, the following
information:
1. Name, address, assessor's parcel number(s), NAICS number(s),
description of the manufacturing process or service activity.
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State;
Business License.
3. Volume of wastewater to be discharged.
4. Name of individual who can be served with notices other than
officers of corporation.
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account numbers.
7. Wastewater constituents and characteristics as required by the
OCSD, including, but not limited to, those mentioned in Section
212, Mass Emission Rate Determination, and Table I, Local
Discharge Limits, of this Ordinance. These constituents and
Page 26 of 80
characteristics shall be determined by a laboratory selected by the
discharger and acceptable to the OCSD.
8. Time and duration of discharge.
9. Number of employees per shift and hours of work per employee
per day for each shift.
10. Waste minimization, best management practices, 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
applicant's business operations, processes, and potential discharge as
may be requested by the OCSD to properly evaluate the permit
application.
D. After evaluation of the data, the OCSD 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 OCSD's sewerage facilities.
E. The permit application may be denied if the applicant fails to establish to
the OCSD'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.
F. The permit application may be denied if the applicant has in the past
demonstrated an inability to keep current with OCSD invoices for items
Page 27 of 80
such as Permit Fees, Non-Compliance Fees, Civil Penalties,
Administrative Civil Penalties, Charges for Use, and Supplemental Capital
Facilities Capacity Charges.
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 OCSD 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 self-monitoring reports, technical
reports, production data, discharge reports, compliance with
Pretreatment Standards, BMP-based Categorical Pretreatment
Standards and/or local limits, 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 OCSD.
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.
Page 28 of 80
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 or determined by the General
Manager or his designee 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 OCSD 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 Permiltee 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 OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the OCSD; 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
not to exceed thirty(30) days after the commencement of discharge.
Page 29 of 80
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 OCSD 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 OCSD 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 OCSD
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 OCSD. Annually, the
OCSD shall compute the charge for use based upon actual use for the
preceding I2-month period on an annual reconciliation statement.
The charge for use is payable within forty-five (45) days of Invoicing by the
OCSD. A credit will be allowed for any regional sanitary sewer service
charge adopted by the Board of Directors by separate Ordinance and
levied against the permitted property.
Page 30 of 80
C. Current property tax bills shall be supplied by the permittee to the OCSD
by May 31 of each year for use in determining the regional sanitary sewer
service credit. If the tax bills are not supplied, the OCSD will endeavor to
obtain the data. Data obtained by the OCSD will be considered correct
and will not be adjusted before the next annual reconciliation statement.
There shall be a fee levied for the OCSD administrative costs when
regional sanitary sewer service charge data is obtained by the OCSD.
The amount of the fee shall be adopted by the OCSD's Board of Directors.
D. In order for the OCSD to determine actual annual water use, the user shall
provide to the OCSD 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 OCSD will endeavor to obtain the water use data.
Data obtained by the OCSD will be considered correct and will not be
adjusted before the next annual reconciliation statement. There shall be a
fee levied for OCSD administrative costs when the OCSD obtains water
use data. The OCSD's Board of Directors shall adopt the amount of the
fee.
E. The charge for use shall be computed by the following formula:
Charge for Use = VaV+ BB + SS -Tax Credit
Where V =total annual volume of flaw, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in thousands of
pounds
S =total annual discharge of suspended solids, in thousands of pounds
Vo,Bo,So = Unit Charge rates established and adopted by Ordinance of
the OCSD'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
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
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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 dollars per thousand pounds for B, and S,.
G. Other measurements of the organic content of the wastewater of a
discharger, such as COD or TOC, may be used instead of BOD.
However, the discharger must establish to the General Manager's
satisfaction a relationship between the BOD of the wastewater and the
parameter of measure. This relationship shall be used by the OCSD in
determining the charge for use.
When wastewater from sanitary facilities is discharged separately from the
other wastewater of a discharger, the charge for use for discharging the
sanitary wastewater may be determined by using the following:
1. 25 gallons per employee per eight-hour working day.
2. BOD and suspended solids to be calculated at domestic
wastewater strength per employee per year.
Page 32 of 80
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 OCSD. The conditions of Wastewater Discharge
Permits shall be enforced by the OCSD in accordance with this Ordinance
and applicable State and Federal Regulations.
C. All Class II users proposing to discharge directly or indirectly into the
OCSD 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 special assessment
"OCSD Sewer User Fee" included on the County of Orange
secured property tax bill exclusive of debt service, that discharges
wastes other than sanitary, and that is not otherwise required to
obtain a Class I permit, 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 OCSD, prior to commencing discharge, an
application on the form prescribed by the OCSD. The applicant shall
submit, in units and terms appropriate for evaluation, the following
information:
1. Name, address, assessor's parcel number(s) and NAICS
number(s); description of the manufacturing process or service
activity.
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2. (Whichever is applicable) Name, address of any and II
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
OCSD, including, but not limited to, those mentioned In Section
212, Mass Emission Rate Determination, and Table I, Local
Discharce Limits of this Ordinance. These constituents and
characteristics shall be determined by a laboratory selected by the
discharger and acceptable to the OCSD.
8. Time and duration of discharge.
9. Number of employees and average hours of work per employee per
day.
10. Waste minimization, best management practices, 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.
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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 property evaluate the permit application.
D. After evaluation of the data furnished, the OCSD 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 OCSD system.
E. The permit application may be denied If the applicant fails to establish to
the OCSD'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.
303.2 Class II Permit Conditions and Limits
A. A Class II permit shall contain all of the following conditions or limits:
1. Applicable mass emission rates and concentration limits regulating
non-compatible pollutants.
2. Requirements to notify the OCSD In writing prior to modification to
processes or operations through which industrial wastewater may
be produced.
3. Location of the user's on-site sample point.
4. Requirements for submission of technical reports, production data,
discharge reports, and/or waste manifests.
5. 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.
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2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
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
specked by OCSD.
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 OCSD'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 OCSD 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 OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the OCSD; or
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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 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 OCSD shall review the
request, make a determination on the request, and respond in writing.
C. Permittee shall be Informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to the
effective date of change. Any changes or new conditions In the permit
shall include a reasonable time schedule for compliance.
303.5 Class II Permit Duration and Renewal
Class 11 permits shall normally 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 OCSD 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 OCSD
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 OCSD.
Annually, the OCSD 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 OCSD. A credit will be allowed for any regional 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 OCSD
by May 31 of each year for use in determining the regional sanitary sewer
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service credit. If the tax bills are not supplied, the OCSD will endeavor to
obtain the data. Data obtained by the OCSD will be considered correct
and will not be adjusted before the next annual reconciliation statement.
There shall be a fee levied for OCSD administrative costs when sanitary
sewer service charge data is obtained by the OCSD. The amount of the
fee shall be adopted by the OCSD Board of Directors.
D. In order for the OCSD to determine actual annual water use, the user shall
provide to the OCSD 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 OCSD will endeavor to obtain the water use data.
Data obtained by the OCSD will be considered correct and will not be
adjusted before the next annual reconciliation statement.
There shall be a fee levied for OCSD administrative costs when water use
data is obtained by the OCSD. The amount of the fee shall be adopted by
the OCSD Board of Directors.
E. The charge for use shall be computed by the following formula:
Charge for Use =V.V + 13,13 + 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
OCSD's Board of Directors, based upon the funding requirements of
providing sewerage service, in dollars per unit as described in Paragraph
F below.
F. The unit charge rates in the charge for use formula shall be established
annually and shall be determined by the following method:
1. An Operations and Maintenance 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 Managers determination as to the costs
associated with each parameter and pursuant to applicable
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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 OCSD
in determining the charge for use. When wastewater from sanitary
facilities is discharged separately from the other wastewater of a
discharger, the charge for use for discharging the sanitary wastewater
may be determined by using the following:
1. 25 gallons per employee per eight-hour working day.
2. BOD and suspended solids to be calculated at domestic
wastewater strength per employee per year.
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
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normal employment fluctuations.
304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS
A. No user shall discharge urban runoff directly to OCSD's sewerage system
without obtaining a Dry Weather Urban Discharge Permit.
B. OCSD shall determine whether the dry weather urban runoff proposed to
be discharged into OCSD's sewerage system may cause a potential
environmental risk and/or health hazard that cannot be economically or
practically control by alternative disposal methods.
C. Dry Weather Urban Runoff Permits shall be subject to all provisions of this
Ordinance and all other regulations, charges for use, and fees established
by OCSD.
D. All users required to obtain a Dry Weather Urban Runoff Permit proposing
to discharge directly or indirectly into OCSD's sewerage facilities shall file
an application pursuant to Section 304.1 and pay the applicable fees
pursuant to Sections 304.3 and 304.6.
Dry Weather Urban Runoff Discharge Permit Application
A. An applicant shall contact OCSD prior to any construction of facilities and
discharge of dry weather urban runoff into the sewerage system to
determine if the discharge of dry weather urban runoff to the OCSD
sewerage facilities is feasible.
B. Applicants shall complete and file with OCSD, prior to commencing
discharge, an application in the form prescribed by OCSD. This
application shall be accompanied by applicable fees, design plans, a
detailed analysis of other disposal alternatives, or other data as needed by
OCSD for review. The applicant shall provide justification that disposal
alternatives for the dry weather urban runoff are not economically or
practically feasible in lieu of sewer discharge.
C. In addition to the discharge permit, OCSD may require that the permit
applicant enter into an agreement setting forth the terms under which the
dry weather urban runoff discharge is authorized.
D. Applicants shall provide adequate pretreatment and/or best management
practices included within the applicants' plans to ensure that the
applicable discharge limits shall be met.
Dry Weather Urban Runoff Dischame Permit Condition and Limits
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The issuance of a Dry Weather Urban Runoff Discharge Permit may contain any
the following conditions or limits:
A. Mass emission rates and concentration limits regulating non-compatible
pollutants.
B. Requirements for the user to construct and maintain, at the user's
expense, appropriate pretreatment equipment, flow monitoring facilities,
and devices to prevent storm water discharge into OCSD's sewerage
system during a wet weather event (rain event).
C. Requirements for the user to provide OCSD with its operations and
maintenance plan, best management practices, and pollution prevention
strategies designed to minimize or eliminate dry weather urban runoff
pollutants.
D. Limits on rate and time of discharge or requirements for flow regulation
and equalization prior to discharge to the sewerage system.
E. Requirements to self-monitor the discharge to the sewerage system.
F. The General Manager, or his designees, may Impose additional
requirements as may be appropriate to reduce the burden on OCSD's
collection, treatment, and disposal facilities.
G. Prohibitions on the discharge, which may cause OCSD's effluent,
biosolids, or any other product of its treatment process, to be unsuitable
for reclamation, reuse, or disposal.
Dry Weather Urban Runoff Discharge Permit Fee
A. The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the
applicant in an amount established In the applicable Ordinance or
Resolution adopted by OCSD's Board of Directors. Payment of permit
fees must be received by OCSD 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.
Dry Weather Urban Runoff Dlscharoe 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 OCSD during the life
of the permit based on:
1. The discharger's current or anticipated operating data;
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2. OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies, which affect
OCSD; or
4. A determination by the General Manager or his designee 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
changes and the reasons for the change. OCSD shall review the request,
make a determination on the request, and respond accordingly.
C. A permittee shall be informed of any changes in the permit at least forty-
five (45) days prior to the effective date change. Any changes or new
conditions In the permit shall include a reasonable time schedule for
compliance.
Dry Weather Urban Runoff Discharge Permit Duration and Renewal
Dry Weather Urban Runoff Permit 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.
Dry Weather Urban Runoff Discharge Permit Charas for Use
A discharger who is issued a Dry Weather Urban Runoff Permit under the
provision of this Ordinance shall pay a charge for use in accordance with rates
established by Ordinance or Resolution adopted by OCSD's Board of Directors.
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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 OCSD. The conditions of Wastewater Discharge
Permits shall be enforced by the OCSD 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 OCSD's sewerage facilities shall obtain a
Wastewater Discharge Permit by filing 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 OCSD, prior to commencing discharge, an application in
the form prescribed by the OCSD. 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 OCSD for
review.
B. The permit application may be denied when the applicant has failed to
establish to the OCSD'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.
3052 Special Purpose Discharge Permit Conditions and Limits
A. Discharge conditions and limits shall be no less stringent than Section
201(A), General Prohibitions; 201(B), Specific Prohibitions; Section 212,
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
set of baseline analysis prior to or upon sewer discharge may be required
for all constituents contained in the most current Environmental Protection
Agency(EPA) "Priority Pollutant" list, excluding asbestos.
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C. The OCSD 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 OCSD's Sewerage Facility, the Local Sewering Agency, to
comply with Regulatory Agencies' requirements, to ensure compliance
with this Ordinance, and to assess a charge for use.
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 OCSD 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 OCSD during the
life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the OCSD; 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 OCSD 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.
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305.5 Special Purpose Discharge Permit Duration and Renewal
Special purpose discharge permits shall normally be issued for a period not to
exceed three (3) years, 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
The General Manager shall establish a charge for use to cover all costs of the
OCSD for providing sewerage service and monitoring. 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 OCSD. The conditions of Wastehauler discharge
permits shall be enforced by the OCSD in accordance with this Ordinance
and applicable State and Federal Regulations.
B. A Wastehauler proposing to discharge waste Into the OCSD 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.
B. Any person required to obtain a Wastehauler Discharge Permit shall
complete and file with the OCSD prior to commencing discharge, an
application in a form prescribed by the OCSD. 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.
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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,
where applicable.
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 OCSD 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 OCSD'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 OCSD's system or as specified by other
Regulatory Agencies.
D. Other terms and conditions which may be applicable to ensure compliance
with this Ordinance.
306.3 Wastehauler Discharge Permit Fee
The Wastehauler discharge permit fee shall be paid by the applicant in an
amount adopted by Ordinance of the Boards of Directors. Payment of permit
fees must be received by the OCSD 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.
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306.4 Wastehauler Identification Decal and Access Card Transfer
A. The identification decal is non-transferable.
B. If a gate access card is issued, it shall be issued to a specific permitted
vehicle and is non-transferable unless previously authorized in writing by
the OCSD.
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 OCSD during the
life of the permit based on:
1. The dischargers current or anticipated operating data;
2. The OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the OCSD; 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 OCSD 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.
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 OCSD for providing the disposal station
service and monitoring shall be established by Ordinance of the Board of
Directors.
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307. RESERVED
308. RESERVED
309. RESERVED
310. OUT OF DISTRICT PERMITS/DISCHARGERS
A. Industrial Wastewater Discharge Permits for dischargers located outside
the OCSD's boundaries but within the OCSD service area and tributary to
the OCSD's sewerage facilities, may be Issued by a local sewering agency
after approval by the OCSD. The OCSD 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 OCSD and the local agency shall apply to the
discharger.
B. Pursuant to Article 6 herein, the OCSD 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
OCSD's service area, but whose discharge is tributary to the OCSD's
sewerage facilities.
C. The fees for use shall be determined by the OCSD and set forth in a use
agreement with the local sewering agency.
ARTICLE 4
FACILITIES REQUIREMENTS
401. DRAWING SUBMITTAL REQUIREMENTS
Upon request by the OCSD:
A. Applicants or users may be required to submit three copies of detailed
facility plans. The submittal shall be in a form and content acceptable to
the OCSD 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 a discharge acceptable
to OCSD, and to meet the requirements of this Ordinance or any
requirements of other Regulatory Agencies.
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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 OCSD may require the drawings be prepared by a California
Registered Chemical, Mechanical, or Civil Engineer.
F. Pennittee shall be required to submit updated detailed facility plans.
402. PRETREATMENT FACILITIES
A. All users shall provide wastewater treatment as necessary to comply with
this ordinance and shall achieve compliance with all Categorical
Pretreatment Standards, Table 1, Local Discharge Limits, and the
prohibitions set out in Sections 201 (A) & (B) of this ordinance within the
time limitations specified by EPA, the State, or OCSD, whichever is more _
stringent. Any facilities necessary for compliance shall be provided,
operated by a qualified operator, and maintained in proper operating
condition at the user's expense.
B. All users may also be required by the OCSD 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
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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 OCSD shall evaluate whether each significant industrial
user needs such a plan. Any user required to develop and implement an
accidental discharge/control slug plan shall submit a plan which
addresses, at a minimum, the following:
1. Description of discharge practices, including non-routine batch
discharges.
2. Description of stored chemicals.
3. Procedures for immediately notifying the POTW of any accidental
of slug discharge. Such notification must also be given for any
discharge which would violate any of the prohibited discharges in
Article 2 of this Ordinance.
4. Procedures to prevent adverse Impact from any accidental or slug
discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
run-off, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants
(including solvents), and measures and equipment for emergency
response.
404. MONITORING/METERING FACILITIES
A. The OCSD 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 Permittees may be required to Install and maintain an appropriate effluent
flow monitoring device. Calibration of such flow monitoring device shall be
done annually or as specified in the wastewater discharge permit.
C. The monitoring or metering facilities may be required to include a security
closure that can be locked with a OCSD provided hasp lock during
sampling or upon termination of service.
D. The location of the monitoring or metering facilities shall be subject to
approval by the OCSD.
E. The user shall provide immediate, clear, safe and uninterrupted access to
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the OCSD to the user's monitoring and metering facilities.
F. For all industries permitted by the OCSD, domestic wastewaters shall be
kept segregated from all industrial wastewaters until the industrial
wastewaters have passed through any required pretreatment system or
device and the permittee's sample point.
405. WASTE MINIMIZATION REQUIREMENTS
A. The user shall provide waste minimization plans to reduce or eliminate
pollutant discharge to the sewerage system and conserve water. The
user shall investigate product substitution, housekeeping practices,
provide inventory control, implement employee education, and other steps
as necessary to minimize waste produced.
B. A user may certify that their facility does not discharge any type of
wastewater, containing pollutants that may directly or indirectly discharge
into the OCSD sewerage system as a form of Best Management Practice
(BMP), upon approval by the OCSD.
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 OCSD, 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 OCSD, and at the sole expense of the
permittee. Analyses performed by OCSD's personnel may used in the determination of the annual charge for use.
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B. Monitorina for Compliance with Permit Conditions or Reporting
Requirements
The OCSD 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 OCSD.
Monitoring reports of the analyses of wastewater constituents and
characteristics shall be in a manner and form approved by the OCSD and
shall be submitted upon request of the OCSD. When applicable, the self-
monitoring requirement and frequency of reporting may be set forth In the
user's permit as directed by the OCSD. The analyses of wastewater
constituents and characteristics and the preparation of the monitoring
report shall be done at the sole expense of the user.
If sampling performed by a user indicates a violation, the user must notify
the OCSD within twenty-four (24) hours of becoming aware of the
violation. The user shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the OCSD within thirty (30) days after
becoming aware of the violation. Resampling by the Industrial user is not
required if the OCSD performs sampling at the user between the time
when the initial sampling was conducted and the time when the user or
OCSD receives the results of this sampling, or if the OCSD has performed
the sampling and analysis in lieu of the industrial user. If the OCSD
performed the sampling and analysis in lieu of the industrial user, the
OCSD will perform the repeat sampling and analysis unless It notifies the
user of the violation and requires the user to perform the repeat sampling
and analysis.
Failure by the user to perform any required monitoring, or to submit
monitoring reports required by the OCSD constitutes a violation of this
Ordinance, may result in determining whether the permittee is in
significant non-compliance, and be cause for the OCSD to initiate all
Page 52 of 80
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 OCSD in undertaking such
monitoring analyses and preparation of reports.
501.1 Inspection and Sampling Conditions
A. The OCSD 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 OCSD shall have the right to place on the users property or other
locations as determined by the OCSD, such devices as are necessary to
conduct sampling or metering operations. Other sampling locations may
include downstream manholes, usually in the sewerage system, for the
purpose of determining the compliance status of an industrial or
commercial discharger.
C. In order for the OCSD 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 OCSD 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.
D. If a discharger falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method, the discharger may be
subject to imposition of penalties, permit suspension or permit revocation.
501.2 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136 and amendments
thereto, unless otherwise specified in an applicable categorical Pretreatment
Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques
for the pollutant in question, or where the EPA determines that the Part 136
sampling and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed by using validated analytical methods
or any other applicable sampling and analytical procedures, including procedures
suggested by the General Manager or other parties approved by EPA.
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501.3 Riaht of Entry
A. Persons or occupants of premises where wastewater is created or
discharged shall allow the OCSD, or its representatives, reasonable
access to all parts of the wastewater generating and disposal facilities for
the purposes of inspection and sampling during all times the discharger's
facility is open, operating, or any other reasonable time. No person shall
interfere with, delay, resist or refuse entrance to authorized OCSD's
personnel attempting to inspect any facility involved directly or indirectly
with a discharge of wastewater to the OCSD's sewerage system.
B. Where a user has security measures in force, the user shall make
necessary arrangements so that personnel from the OCSD shall be
permitted to enter without delay for the purpose of performing their specific
responsibilities.
501.4 Notification of Spill or Slug Loadina
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, Sections 201(A) &
(B) or Table I, Local Discharge Limits, the discharger shall immediately
notify the OCSD 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 OCSD.
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
OCSD 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.
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501.5 Notification of Bypass
A. Bypass of industrial wastewater to the sewerage system is prohibited.
The OCSD 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 Section
501.4(B).
B. If a permittee knows in advance of the need for a bypass, it shall submit a
written request to allow the bypass to the OCSD, if possible, at least ten
(10) days before the date of the bypass.
C. The OCSD may approve an anticipated bypass at its sole discretion after
considering Its adverse effects, and the OCSD determines that the
conditions listed in Section 501.5(A)(1-3) are met.
D. A permittee shall provide telephone notification to the OCSD 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.
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ARTICLE 6
ENFORCEMENT
600. PURPOSE AND SCOPE
A. The Board finds that in order for the OCSD to comply with the laws,
regulations, and rules Imposed upon it by Regulatory Agencies and to
ensure that the OCSD'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 govem the discharges to the OCSD'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 OCSD Is that:
1. Any determination relating to a Probation Order, Enforcement
Compliance Schedule Agreement (ECSA), or Regulatory
Compliance Schedule Agreement (RCSA) will be made by the
Division Head of the Source Control Division, with a right of appeal
by the permittee to the General Manager pursuant to the
procedures set forth in Section 617.
2. A user, permittee, or applicant for a permit may request the
Steering Committee to hear an appeal of the General Manager's
decision pursuant to Section 618. 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 OCSD 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.
5. The Board of Directors may adopt rules of procedure to establish
the conduct of certain administrative proceedings.
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C. The OCSD, 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
OCSD.
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. Non-compliance with
mass emission rate limits shall be determined by an analysis of a
composite sample of the user's effluent, except that a grab sample
may be used to determine compliance with mass emission rate
limits when the discharge is from a closed (batch) treatment system
in which there is no wastewater flow into the system when the
discharge is occurring, the volume of wastewater contained in the
batch system is known, the time interval of discharge is known, and
the grab sample Is homogeneous and representative of the
discharge.
3. Any sample taken from a sample point Is considered to be
representative of the discharge to the public sewer.
602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES
A. Self-Monitoring Requirements as a Result of Non-Compllance
1. If analysis of any sample obtained by the OCSD 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 OCSD may Impose self-monitoring requirements on the
permittee.
2. A permlttee shall perform required self-monitoring of constituents in
a frequency, at the specific location, and in a manner directed by
the OCSD.
3. All analyses of self-monitoring samples shall be performed by an
Independent laboratory acceptable to the OCSD and submitted to
the OCSD in a form and frequency determined by the OCSD.
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4. All self-monitoring costs shall be bome by the permittee.
5. Nothing in this section shall be deemed to limit the authority of the
OCSD to impose self-monitoring as a permit condition.
B. Purpose of Non-Compliance Sampling Fees
The purpose of the non-compliance sampling fee is to compensate the
OCSD 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 OCSD 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 OCSD pursuant to fee schedules
adopted by the OCSD's Board of Directors.
b) If analysis of any composite sample of a permittee's
discharge obtained by the OCSD 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 OCSD may impose non-compliance
sampling fees pursuant to fee schedules adopted by the
OCSD's Board of Directors.
3. The fees specked in subsection 602.C.2.(a), C.2.(b) and D herein
shall be imposed for each date on which the OCSD conducts
sampling as a result of a violation by a permittee.
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D. Non-Comoliance Sampling Fees for Grab Samples and Self-Monitorina
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 OCSD may Impose non-
compliance sampling fees, pursuant to fee schedules adopted by
the OCSD Board of Directors, for sampling conducted by the OCSD
as a result of a violation by the permittee.
2. If any self-monitoring analysis of a permittee's discharge shows
non-compliance with any concentration limits or mass emission
rates as set forth in the user's permit or In this Ordinance, the
OCSD may impose non-compliance sampling fees, pursuant to fee
schedules adopted by the OCSD Board of Directors, for sampling
conducted by the OCSD 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 OCSD 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,
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.
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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, interim limits, or other provisions to
ensure compliance with this Ordinance.
C. ECSA - Payment of Amounts Owed
The OCSD shall not enter into an ECSA until such time as all amounts owed to
the OCSD, 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 OCSD shall be grounds for permit suspension or permit
revocation as set forth in Section 604 and 605.
D. ECSA- Permit Suspension/Revocation
If compliance is not achieved in accordance with the terms and conditions of an
ECSA during its term, the General Manager may Issue an order suspending or
revoking the discharge permit pursuant to Section 604 or 605 of this Ordinance.
Page 60 of 80
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 OCSD enacts revised discharge limits, the General Manager, upon
determination that an Industrial user would not be in compliance with the adopted
or revised limits, may require the industrial user to enter into a RCSA with the
OCSD under terms and conditions that would provide for achieving compliance
with all new standards by the industrial user on a specific date. The RCSA shall
have a maximum term of two hundred-seventy (270) days.
B. Provisions
The Issuance of a RCSA may contain terms and conditions Including but not
limited to requirements for Installation of pretreatment equipment and facilities,
submittal of drawings or reports, waste minimization practices or other provisions
to ensure compliance with this Ordinance.
C. RCSA- Non-Compliance Samolino Fee
During the period said RCSA is in effect, any discharge by permittee in violation
of the RCSA will require payment of non-compliance sampling fees in
accordance with Article 6.
604. PERMIT SUSPENSION
A. Grounds
The General Manager may suspend any permit when it is determined that
a permittee:
1. Fails to comply with the terms and conditions of either an ECSA or
RCSA.
2. Knowingly provides a false statement, representation, record,
report, or other document to the OCSD.
3. Refuses to provide records, reports, plans, or other documents
required by the OCSD 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.
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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 OCSD
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 OCSD's Ordinance.
B. Notice/Hearin
When the General Manager has reason to believe that grounds exist for
permit suspension, he shall give written notice thereof by certified mall 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 OCSD's General Counsel.
2. After the conclusion of the hearing, the General Manager's
designee shall submit a written report to the General Manager
setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions, and a
recommendation.
Upon receipt of the written report, the General Manager shall make
his determination and should he find that grounds exist for
suspension of the permit, he shall issue his decision and order in
writing within thirty (30) calendar days after the conclusion of the
hearing by his designee. The written decision and order of the
General Manager shall be sent by certified mail to the permittee or
its legal counsel/representative at the permittee's business address.
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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 OCSD'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 OCSD.
2. Refuses to provide records, reports, plans, or other documents
required by the OCSD to determine permit terms, conditions, or
limits, discharge compliance, or compliance with this Ordinance.
3. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4. Fails to report significant changes in operations or wastewater
constituents and characteristics.
5. Fails to comply with the terms and conditions of an ECSA, permit
suspension, or probation order.
Page e3 of 80
6. Discharges effluent to the OCSD'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 OCSD
for user charges, non-compliance sampling fees, permit fees, or
any other fees imposed pursuant to this Ordinance.
9. Causes interference with the OCSD'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 OCSD's Ordinance.
B. Notice/Hearin
When the General Manager has reason to believe that grounds exist for the
revocation of a permit, he shall give written notice by certified mail thereof to the
permittee setting forth a statement of the facts and grounds deemed to exist
together with the time and place where the charges shall be heard by the
General Manager's designee. The hearing date shall be not less than fifteen (15)
calendar days nor more than forty-five (45) calendar days after the mailing of
such notice.
1. At the hearing, the permittee shall have an opportunity to respond
to the allegations set forth in the notice by presenting written or oral
evidence. The revocation hearing shall be conducted In
accordance with the procedures established by the General
Manager and approved by the OCSD's General Counsel.
2. After the conclusion of the hearing, the General Manager's
designee shall submit a written report to the General Manager
setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions, and a
recommendation.
Upon receipt of the written report, the General Manager shall make
his determination and should he find that grounds exist for
permanent revocation of the permit, he shall issue his decision and
order In writing within thirty (30) calendar days after the conclusion
of the hearing by his designee. The written decision and order of
the General Manager shall be sent by certified mail to the permittee
Page 64 of 80
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 OCSD 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 OCSD
by any person subject to an order of revocation will be considered
by the OCSD 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.
606. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
A Wastehauler's non-compliance with permit requirements shall be determined
by an analysis of a sample of the discharge for any constituent or conditions
specified in the Wastehauler's discharge permit 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 OCSD,
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 domestic septage, or septic waste, the OCSD may still elect
not to accept waste from that particular source.
Page 65 of 80
If the discharge Is Industrial wastewater from an industrial source(s) and exceeds
permit concentration limits or limits specified in this Ordinance, the following shall
apply:
A. First Violation
1. The permittee shall pay a non-compliance sampling fee.
2. The Wastehauler permit for disposal privileges shall be suspended
for five (5) days.
B. Second Violation
1. The permittee shall pay a non-compliance sampling fee.
2. The Wastehauler permit for disposal privileges shall be suspended
for ten (10) days.
3. The Wastehauler permit may be revoked In accordance with
Section 606.
607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL
OPERATIONS
A. Any person who discharges any waste which causes or contributes to any
obstruction, interference, damage, or any other impairment to the OCSD
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 OCSD to resume normal operations. Such discharge shall
be grounds for permit revocation. A service charge of twenty-five percent
(25%) of OCSD costs shall be added to the costs and charges to
reimburse the OCSD for miscellaneous overhead, Including administrative
personnel and record keeping. The total amount shall be payable within
forty-five (45) days of Invoicing by the OCSD.
B. Any person who discharges a waste which causes or contributes to the
OCSD 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 OCSD,
including regulatory fines, penalties, and assessments made by other
agencies or a court.
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608. INDUSTRIAL WASTE PASS THROUGH
Any person whose discharge results in a pass through event affecting the OCSD
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 OCSD plans to prevent future
recurrences to the satisfaction of the OCSD.
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 OCSD may require that the user notify the public
and/or other users of the OCSD 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 OCSD 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 OCSD
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.
612. TERMINATION OF SERVICE
A. The OCSD, 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
OCSD sewerage facilities.
B. All costs for physical termination shall be paid by the user as well as all
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costs for reinstating service.
613. EMERGENCY SUSPENSION ORDER
A. The OCSD 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 OCSD sewerage facilities,
or may cause the OCSD 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 OCSD 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 mall to the user or its legal counsel/representative at that user's
business address. The decision of the General Manager following the
hearing shall be final and not appealable.
614. INJUNCTION
Whenever a discharger of wastewater is in vlolation 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 OCSD entry
to inspect or monitor the user's discharge, the OCSD 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.
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615. CIVIL PENALTIES
A. Authority
All users of the OCSD's system and facilities are subject to enforcement actions
administratively or judicially by the OCSD, 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 (Califomia 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 OCSD 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 OCSD, as caused by the discharge of any user of the OCSD
system which is in violation of any provision of the OCSD Ordinance or the users
permit, OCSD shall be entitled to recover from the user all costs and expenses,
including, but not limited to, the full amount of said fines or penalties to which it
has been subjected.
C. Ordinance
Pursuant to the authority of California Government Code Sections 54739 -
54740, any person who violates any provision of this Ordinance; any permit
condition, prohibition or effluent limit; or any suspension or revocation order shall
be liable civilly for a sum not to exceed $25,000.00 per violation for each day in
which such violation occurs. Pursuant to the authority of the Clean Water Act, 33
U.S.C. Section 1251 at seq., any person who violates any provision of this
Ordinance, or any permit condition, prohibition, or effluent limit shall be liable
civilly for a sum not to exceed $25,000.00 per violation for each day in which
such violation occurs. The General Counsel of the OCSD, upon order of the
General Manager, shall petition the Superior Court to impose, assess, and
recover such penalties, or such other penalties as the OCSD may impose,
assess, and recover pursuant to Federal and/or State legislative authorization.
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D. Administrative Civil Penalties
1. Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the OCSD 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 mall 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
OCSD 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 OCSD'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.
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
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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 fumish
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
OCSD;
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 OCSD;
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 OCSD;
8. An order assessing administrative civil penalties issued by the
General Manager shall be final in all respects on the thirty-first
(31st) day after its is served on the person unless an appeal and
request for hearing is filed with the Steering Committee pursuant to
Section 618 no later than the thirtieth (30th) day following such
mailing. An order assessing administrative civil penalties issued 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
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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 OCSD may record the lien for any unpaid
administrative civil penalties on the ninety-first (91st) 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 OCSD 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
$1,000.00, or imprisonment for not more than thirty (30) days, or both. Each
violation and each day in which a violation occurs may constitute a new and
separate violation of this Ordinance and shall be subject to the penalties
contained herein.
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
OCSD within fifteen (15) days of mailing of notice of the decision, action, or
determination of the OCSD to the appellant. The request for hearing shall set
forth in detail all facts supporting the appellant's request.
B. Notice
The General Manager shall, within fifteen (15) days of receiving the request for
appeal, and pursuant to Section 107, designate a Department Head or other
person to hear the appeal and provide written notice to the 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
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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. Hearina
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 OCSD'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 original decision, action or determination. Upon receipt of the
written report, the General Manager shall make his determination and shall issue
his decision and order within thirty (30) calendar days of the hearing by his
designee. The written decision and order of the General Manager shall be sent
by certified mail to the appellant or its legal counsel/representative at the
appellant's business address.
The order of the General Manager shall be final in all respects 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 fee ordinance of the OCSD 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 appellants
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.
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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. Granting Reguest for Hearing
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.
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 appellant's
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 Appeal of Charaes and Fees
Any user, permit applicant, or permittee affected by any decision, action, or
determination by the OCSD, relating to fiscal issues of the OCSD 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
OCSD reconsider Imposition of such fees or charges. Following review of such a
request, the OCSD shall notify the user, permit applicant, or permittee by certified
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mail of the OCSD's decision on the reconsideration request. Any user, permit
applicant, or permittee adversely affected by the OCSD'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 OCSD within thirty(30) days of the mailing of the
OCSD's decision on the reconsideration request.
Notwithstanding the foregoing, appeals of non-compliance sampling fees shall be
made pursuant to the appeal procedures set forth in Sections 617 and 618.
619. PAYMENT OF CHARGES
A. Except as otherwise provided, all fees, charges and penalties established
by this Ordinance are due and payable upon receipt of notice thereof. All
such amounts are delinquent if unpaid forty-five (45) days after date of
invoice.
B. Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1. Forty-six (46) days after date of invoice, a basic penalty of ten
percent (10%) of the base invoice amount, not to exceed a
maximum of$1,000.00; and
2. A penalty of one and one-half percent (1.5%) 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 OCSD 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
OCSD review of any appeal submitted by permittees.
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619.1 Collection of Delinquent Accounts
Collection of delinquent accounts shall be in accordance with the OCSD's policy
resolution establishing procedures for collection of delinquent obligations owed to
the OCSD, 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 OCSD
In the event permittee fails to comply with any of the terms and conditions of the
OCSD's Ordinance, a probationary order, a permit suspension or revocation, an
ECSA, RCSA, or a permit issued hereunder, the OCSD 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 OCSD an amount determined by the General
Manager as necessary to guarantee payment to OCSD 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 OCSD 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 OCSD, including
reconciliation amounts, delinquency penalties, and other costs or fees incurred
by Permittee.
C. Bankruptcv
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 OCSD 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 OCSD may thereafter issue an
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amendment to the User's permit in accordance with the provisions of Article 3
and Section 621(E) of this Ordinance.
E. Securi
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 OCSD and shall not be used by the OCSD 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 OCSD shall either return the security deposit posted by
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 OCSD
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
OCSD or its offices or agents, all written evidence, and any other
papers in the case.
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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 OCSD or its officer or agent may be made
pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for
writ of mandate is filed not later than the ninetieth (90th) day following the date
on which the decision becomes final. If there is no provision for reconsideration
in the procedures governing the proceedings or if the date is not otherwise
specified, the decision is final on the date it is made. If there is provision for
reconsideration, the decision is final upon the expiration of the period during
which such reconsideration can be sought; provided that if reconsideration is
sought pursuant to such provision the decision is final for the purposes of this
Section on the date that reconsideration is rejected.
D. Preoaration of the Record
The complete record of the proceedings shall be prepared by the OCSD 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 OCSD may
recover from the petitioner its actual costs for transcribing or otherwise preparing
the record.
E. Extension
If the petitioner files a request for the record within ten (10) days after the date
the decision becomes final, the time within which a petition, pursuant to Section
1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later
than the thirtieth (30th) day following the date on which the record is either
personally delivered or mailed to the petitioner or the petitioner's attorney of
record, if appropriate.
F. Notice
In making a final decision, the OCSD 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.
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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 615.0 may be made only if the
petition for writ of mandate is filed not later than the thirtieth (30th) day following
the day on which the order of the Steering Committee becomes final.
ARTICLE 7
SEWER SERVICE CHARGES - CONNECTION CHARGES
701. SANITARY SEWER SERVICE CHARGE
Every parcel of real property located within the OCSD which is improved with
structures designed for residential, commercial, or industrial use, and connected
to the OCSD system, shall pay a sanitary sewer service charge in an amount
adopted by the Board of Directors by separate Ordinance.
702. CAPITAL FACILITIES CONNECTION CHARGE
Every parcel of real property located within the OCSD which is improved with
structures designed for residential, commercial, or industrial use, and connected
to the OCSD 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 OCSD
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 in order to preserve the public
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health and safety, and in order to continue the provision of sewer services by the
OCSD. The fads 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 sewagetwastewater are allowed to occur
that are not in accord with technical specifications and requirements.
Section III: Effective Date. This Ordinance shall take effect October 1,
2009.
Sedan IV: Reoeal. Ordinance No. OCSD-37 is hereby repealed.
Section V: The Clerk 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.
PASSED AND ADOPTED by a vote of not less than two-thirds of the
Board of Directors of the Orange County Sanitation District at a Regular Meeting
held the 23 day of September, 2009.
60-146,�
Chair, B a Directors
Orang C unty Sanitation District
ATTEST:
t.
Clerk of thb Boa
Orange County Sanitation District
/
Bradl6y R. H?blrvf, GeAeralODu
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