HomeMy WebLinkAboutOCSD-53 Wastewater Discharge Regulations ORDINANCE NO. OCSD-53
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT AMENDING
WASTEWATER DISCHARGE REGULATIONS, AND
REPEALING ORDINANCE NO. OCSD-48
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CONTENTS
ARTICLE 1. GENERAL PROVISIONS............................................................................5
101. PURPOSE AND POLICY................................................................................5
102. DEFINITIONS .................................................................................................7
103. CONFIDENTIAL INFORMATION..................................................................21
104. SALE OR CHANGE OF OWNERSHIP .........................................................21
105. RESERVED .................................................................................................. 22
106. AUTHORITY ................................................................................................. 22
107. DELEGATION OF AUTHORITY ...................................................................23
108. SIGNATORY REQUIREMENTS................................................................... 23
109. RECORD KEEPING REQUIREMENTS........................................................ 23
ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR
DISCHARGE.................................................................................................25
201. PROHIBITED DISCHARGES........................................................................25
202. PROHIBITION ON DILUTION.......................................................................27
203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER................27
204. PROHIBITION ON NON-DOMESTIC SURFACE AND FLOOR DRAINS.....27
205. PROHIBITION ON UNPOLLUTED WATER..................................................28
206. PROHIBITION ON SLUG DISCHARGES AND NOTIFICATION
REQUIREMENT............................................................................................28
207. PROHIBITION ON THE USE OF GRINDERS ..............................................28
208. PROHIBITION ON POINT OF DISCHARGE ................................................28
209. HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT......29
210. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES
TO THE OCSD SEWERAGE SYSTEM AND WASTEHAULER STATION ...29
211. PROHIBITION ON MEDICAL WASTE.......................................................... 30
212. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES... 31
213. PROHIBITION ON HYDROLYSATE............................................................. 31
214. BEST MANAGEMENT PRACTICES............................................................. 31
215 MASS EMISSION RATE DETERMINATION ................................................ 31
216. MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS............................... 33
ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES.....34
301. INTRODUCTION........................................................................................... 34
302. CLASS I WASTEWATER DISCHARGE PERMITS....................................... 34
303. CLASS II WASTEWATER DISCHARGE PERMITS......................................41
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304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS .......................48
305. SPECIAL PURPOSE DISCHARGE PERMITS ............................................. 50
306. WASTEHAULER DISCHARGE PERMIT...................................................... 53
307. DISCHARGE CERTIFICATIONS.................................................................. 55
308. OUT OF DISTRICT PERMITS/DISCHARGERS........................................... 57
309. RESERVED .................................................................................................. 57
310. RESERVED .................................................................................................. 57
ARTICLE 4. FACILITIES REQUIREMENTS .................................................................58
401. DRAWING SUBMITTAL REQUIREMENTS.................................................. 58
402. PRETREATMENT FACILITIES..................................................................... 58
403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL
PLANS................................ ................................................. ............... 59
404. MONITORING/METERING FACILITIES....................................................... 60
405. WASTE MINIMIZATION REQUIREMENTS.................................................. 60
ARTICLE 5. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS .........................................................................................61
501. MONITORING AND REPORTING CONDITIONS......................................... 61
ARTICLE 6. ENFORCEMENT ......................................................................................72
601. PURPOSE AND SCOPE............................................................................... 72
602. DETERMINATION OF NON COMPLIANCE WITH DISCHARGE LIMITS.... 73
603. ENFORCEMENT PROCEDURES AND APPLICABLE FEES....................... 73
604. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA) ........... 76
605. PERMIT SUSPENSION ................................................................................ 77
606. PERMIT REVOCATION................................................................................ 79
607. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS......... 81
608. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL
OPERATIONS............................................................................................... 82
609. INDUSTRIAL WASTEWATER PASS THROUGH......................................... 83
610. PUBLICATION OF VIOLATION .................................................................... 83
611. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE............... 83
612. PUBLIC NUISANCE...................................................................................... 83
613. TERMINATION OF SERVICE....................................................................... 83
614. EMERGENCY SUSPENSION ORDER......................................................... 84
615. INJUNCTION ................................................................................................ 84
616. CIVIL PENALTIES ........................................................................................ 85
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617. CRIMINAL PENALTIES ................................................................................ 88
618. APPEALS TO GENERAL MANAGER........................................................... 88
619. PAYMENT OF CHARGES ............................................................................ 89
620. COLLECTION OF DELINQUENT ACCOUNTS............................................ 90
621. APPEAL OF CHARGES AND FEES............................................................. 90
622. RECOVERY OF COSTS INCURRED BY OCSD.......................................... 90
623. FINANCIAL SECURITY/AMENDMENTS TO PERMIT ................................. 91
624. JUDICIAL REVIEW....................................................................................... 92
ARTICLE 7. SEWER SERVICE CHARGES - CAPITAL FACILITY CAPACITY
CHARGES ....................................................................................................94
701. SANITARY SEWER SERVICE CHARGE ..................................................... 94
702. CAPITAL FACILITIES CAPACITY CHARGE................................................ 94
ARTICLE 8. SEVERABILITY.........................................................................................95
801. SEVERABILITY............................................................................................. 95
802. GENERAL APPLICATION ............................................................................ 95
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The Board of Directors of the Orange County Sanitation District (OCSD) does
hereby FIND:
A. That OCSD is required by federal and state law, including the Clean Water
Act (33 U.S.C. 1251, at seq.), the General Pretreatment Regulations (40
CFR 403), and the Porter-Cologne Water Quality Control Act (Water Code
§ 13000, at seq.), to implement and enforce a program for the regulation of
Wastewater discharges to OCSD's sewers; and
B. That OCSD is required by federal, state, and local law to meet applicable
standards of treatment plant effluent quality; and
C. 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.
D. That OCSD operates and maintains a separate sewer system of pipes,
pumps stations, intercepting sewer lines, and other conveyances upstream
of its wastewater treatment plant headworks to collect and convey domestic,
commercial and industrial wastewater, and is not designed to collect large
amounts of storm water runoff from precipitation events.
E. That OCSD implements a system-specific Sewer System Management
Plan which includes provisions to provide proper and efficient management,
operation, and maintenance of sanitary sewer systems in compliance with
the California Statewide General Waste Discharge Requirements, Systems,
Water Quality Order No. 2006-0003-DWQ For Wastewater Collection
Agencies.
NOW,THEREFORE, the Board of Directors of the Orange County Sanitation District does
ORDAIN:
Section I: Wastewater Discharge Regulations governing the use of OCSD's Sewerage
Facilities are hereby restated and amended to provide as follows:
ARTICLE 1. GENERAL PROVISIONS
101. PURPOSE AND POLICY
This ordinance sets uniform requirements for Users of OCSD's Sewerage 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.] 1251, et seq.) and the General Pretreatment
Regulations(Title 40 of the Code of Federal Regulations[CFR] Part 403). This Ordinance
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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 OCSD.
A. The purpose of this Ordinance is to provide for the maximum public benefit
from the use of OCSD's Sewerage 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 OCSD,
including, but not limited to, administration, operation, monitoring,
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 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 OCSD's Sewerage System, processes, effluent quality,
biosolids quality, air emission characteristics, or inhibit OCSD's ability to
beneficially reuse or dispose of its treated Wastewater, biosolids or meet
biosolids discharge criteria.
D. It is the intent of these limits to improve the quality of Wastewater being
received for treatment and to encourage water conservation and
Wastewater minimization by all Users connected to a public sewer. This
Ordinance also provides for regulation of the degree of Wastewater
Pretreatment required, the issuance of permits for Wastewater discharge
and connections and other miscellaneous permits, and establishes
penalties for violation of the Ordinance.
E. OCSD is committed to: 1) a policy of Wastewater reclamation and reuse to
provide alternate sources of water supply for OCSD and agencies with
which OCSD has agreements for Wastewater reclamation; and 2) a policy
for the protection of groundwater. OCSD is also committed to help protect
groundwater goals as established by various water quality and water
purveyor agencies. To fulfill these commitments, OCSD may implement
more stringent quality requirements on Wastewater discharges through
regulation, including revisions to this Ordinance.
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F. 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, which may necessitate more stringent quality
requirements on Wastewater discharges.
G. OCSD is also committed to meet applicable air quality goals established by
the South Coast Air Quality Management District, which may further
necessitate more stringent quality requirements on Wastewater discharges.
102. DEFINITIONS
A. Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for the Examination of
Water and Wastewater, published by the American Public Health
Association, the American Water Works Association, and the Water
Environment Federation.
The testing procedures for Wastewater 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, Guidelines Establishing Test Procedures for the Analyses of
Pollutants), or as specked.
Other terms not herein defined shall have the same meaning as defined in
the latest California Building and Construction Codes, Title 24, California
Code of Regulations.
1. Act or"the Act" shall mean the Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended, 33 U.S.C. section
1251, at seq.
2. Approved POTW Pretreatment Program or Program or POTW
Pretreatment Program shall mean a program administered by a
POTW that meets the criteria established in 40 CFR 403.8 and 403.9
and which has been approved by a Regional Administrator or State
Director in accordance with 40 CFR 403.11.
3. Authorized Representative or Designated Signatory shall mean:
a) A Responsible Officer, as that term is defined in this
Ordinance and 40 CFR 403.12(I); or
b) A person that is responsible for the overall operation of the
facility from which the discharge originates and that a
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Responsible Officer has designated, in writing and submitted
to OCSD, an Authorized Representative; or
c) A person that has overall responsibility for environmental
matters for the facility from which the discharge originates and
that a Responsible Officer has designated, in writing and
submitted to OCSD, an Authorized Representative; or
d) If the applicant or User is a federal, state, or local
governmental facility: a director or highest official appointed
or designated to oversee the operation and performance of
the activities of the government facility, or the designee.
4. Best Management Practices (BMPs) shall mean management
practices to prevent or reduce pollution or to meet Article 2
standards. Such BMPs shall be considered Local Limits and
Pretreatment Standards as stated in 40 CFR 403.5(c)(4).
5. 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.
6. Board shall mean the Board of Directors of the Orange County
Sanitation District.
7. Bypass shall mean the intentional diversion of wastestreams from
any portion of a User's treatment facility.
8. Capital Facilities Capacity Charge shall mean the payment of a fee,
imposed by the governing Board of 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
OCSD's Sewerage Facilities as a new system User. This charge,
which rates are set forth in a separate Ordinance, is expressly
authorized by the provisions of California Heath & Safety Code
Sections 5471 and 5474.
9. Charge For Use shall mean OCSD's sanitary sewer service charge,
a charge established and levied by OCSD upon residential,
commercial, and industrial Users of OCSD's Sewerage System,
pursuant to Sections 302.6(F), or 303.6(E) of this Ordinance, in
proportion to the use of the treatment works by their respective class,
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that provides for the recovery of the costs of operation and
maintenance expenses, capital facilities rehabilitation or
replacement, and adequate reserves for the POTW. The minimum
charge for use is the Annual Sewer Service Fee Residential Users.
10. Chemical Oxygen Demand (COD) shall mean a measure of the
oxygen required to oxidize all compounds, both organic and
inorganic, in Wastewater.
11. Class I User shall mean any User who discharges Wastewater that:
a) is a Significant Industrial User; or
b) Is determined to have a reasonable potential for adversely
affecting OCSD's operation or for violating any Pretreatment
Standard, Local Limit, or discharge requirement, or may
cause Pass Through affecting OCSD's ability to comply with
its NPDES Permit or other regulations and standards; or
c) may cause pass through or Interference with OCSD's
Sewerage Facilities.
12. Class II User shall mean any User 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.
13. Code of Federal Regulations(CFR)shall mean the codification of the
general and permanent regulations published in the Federal Register
by the executive departments and agencies of the federal
government.
14. Compatible Pollutant shall mean a combination of biochemical
oxygen demand, suspended solids, pH, fecal coliform bacteria, plus
other Pollutants that 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
OCSD's Sewerage System or NPDES permit, or when discharged in
qualities or quantities violating any Federal Categorical Pretreatment
Standards, Local Limit, or other discharge requirement.
15. Composite Sample shall mean a collection of individual samples
obtained at selected intervals based on an increment of either flow
or time. The resulting mixture (composite sample) forms a
representative sample of the wastestream discharged during the
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sample period.
16. Connection Permit shall mean a permit issued by OCSD, upon
payment of a capital facilities capacity charge, authorizing the
Permittee to connect directly to an OCSD's Sewerage Facilities or to
a sewer which ultimately discharges into an OCSD's Sewerage
Facilities.
17. Department Head shall mean that person duly designated by the
General Manager to 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.
19. District shall mean the Orange County Sanitation District or OCSD.
20. Division Head shall mean that person duly designated by the General
Manager to implement the OCSD Pretreatment Program and
perform the duties as specked in this Ordinance.
21. Domestic Septage shall mean the liquid and solid material removed
from food service establishments, or a septic tank, cesspool,
portable toilet, or similar treatment works that receives only domestic
Wastewater.
22. Domestic Wastewater shall mean the liquid and solid waterborne
wastes derived from the ordinary living processes of humans of such
character as to permit satisfactory disposal, without special
treatment, into the public sewer or by means of a private disposal
system.
23. Downstream Sampling 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
commercial Discharger.
24. 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.
25. Enforcement Compliance Schedule Agreement (ECSA) shall mean
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a mutual agreement between OCSD and Pennittee requiring
implementation of necessary Pretreatment practices and/or
installation of equipment to ensure permit compliance.
26. Enforcement Response Plan shall mean a plan containing detailed
procedures indicating how OCSD will investigate and respond to
instances of Industrial User non-compliance in accordance with 40
CFR 403.8(f)(1) or other Users in accordance with OCSD non-
compliance procedures.
27. 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.
28. 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.
29. Flow Monitoring Facilities shall mean equipment and structures
provided at a User's expense to measure, totalize, and/or record, the
incoming water to the facility or the Wastewater discharged to the
sewer.
30. General Manager shall mean the individual duly designated by the
Board of Directors of OCSD to administer this Ordinance (see also
Section 107).
31. Grab Sample shall mean a sample taken from a wastestream on a
one-time basis without regard to the flow in the wastestream and
without consideration of time.
32. Hydrolysate shall mean the resultant liquid from the hydrolysis of
human remains.
33. Hydrolysis shall mean the process by which the body of a deceased
person is chemically reduced to its essential organic components
and bone fragments either before or after processing of the remains
after removal from the hydrolysis chamber.
34. Indirect Discharge or Discharge shall mean the introduction of
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Pollutants into a POTW from any non-domestic source regulated
under Section 307(b), (c) or(d) of the Act [33 U.S.C. 1317(b)-(d)j.
35. Industrial User shall mean any User that discharges Industrial
Wastewater.
36. Industrial Wastewater shall mean all liquid carried wastes and
Wastewater of the community, excluding domestic Wastewater and
domestic septage, and shall include all Wastewater from any
producing, manufacturing, processing, agricultural, or other
operation.
37. Inspector shall mean a person authorized by the General Manager
to inspect any existing or proposed Wastewater generation,
conveyance, processing, and disposal facilities.
38. Instantaneous Limit (see the Maximum Allowable Discharge Limit)
39. Interference shall mean any discharge which, alone or in conjunction
with a discharge or discharges from other sources, either:
a) inhibits or disrupts 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 OCSD's NPDES
permit or prevents lawful biosolids or treated effluent use or
disposal.
40. LEL (Lower Explosive Limit) shall mean the minimum concentration
of a combustible gas or vapor in air(usually expressed in percent
by volume at sea level)which will ignite if an ignition source
(sufficient ignition energy) is present.
41. Letter to Discharge shall mean a letter authorizing a User to
discharge to the sewer without having to obtain a Special Purpose
Discharge Permit. The discharge volume is generally limited to less
than 1 million gallons.
42. Local Limit shall mean speck discharge limits developed pursuant
to 40 CFR 403.5(c) and enforced by OCSD upon industrial or
commercial facilities to implement the general and specific discharge
prohibitions listed in 40 CFR 403.5(a)(1) and (b).
43. Local Sewerina Aaencv shall mean any public agency or private
corporation responsible for the collection and disposal of Wastewater
to OCSD's Sewerage Facilities and duly authorized under the laws
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of the State of California to construct and/or maintain public sewers.
44. Maior Violation shall mean a discharge over the permitted discharge
limit, as determined by the result of a sample analysis, as follows:
a) a discharge exceeding a Mass Emission Rate 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.
45. Mass Emission Rate shall mean the weight of material discharged to
the sewer system during a given time interval. Unless otherwise
specked, the mass emission rate shall mean pounds per day of a
particular constituent or combination of constituents.
46. Maximum Allowable Discharge Limit shall mean the maximum
quantity or concentration of a Pollutant allowed to be discharged at
any period of time, determined from the analysis of any discrete or
composited sample collected, independent of the industrial Sow rate
and the duration of the sampling event.
47. 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.
48. Milligrams Per Liter (mq/L or mg/1) 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.
49. Minor Violation shall mean a discharge over the permitted discharge
limit as determined by the result of a sample analysis, as follows:
a) a discharge exceeding a Mass Emission Rate 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
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d) a pH discharge greater than 12.0.
50. National Pretreatment Standard, Pretreatment Standard. or
Standard shall mean any regulation containing Pollutant discharge
limits promulgated by the EPA in accordance with section 307 (b)
and (c) of the Act, which applies to Industrial Users. This term
includes prohibitive discharges and categorical standards
established pursuant to 40 CFR 403.5 and 403.6.
51. 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.
52. 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 Section 402 of the
Act (33 U.S.C. 1342).
53. New Source shall mean those sources that are new as defined by 40
CFR 403.3(m) as revised.
54. Non-compatible Pollutant shall mean any Pollutant which is not a
Compatible Pollutant as defined herein.
55. OCSD shall mean Orange County Sanitation District.
56. OCSD's Sewerage Facilities or System shall mean any property
belonging to OCSD used in the treatment, reclamation, reuse,
transportation, or disposal of Wastewater, or biosolids.
57. 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.
58. pH shall mean both acidity and alkalinity on a scale ranging from 0
to 14 where 7 represents neutrality, numbers less than 7 increasing
acidity, and more than 7 increasing alkalinity, and is the logarithm of
the reciprocal of the quantity of hydrogen ions in males per liter of
solution.
59. Pass Through shall mean discharge through 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 OCSD's
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NPDES permit.
60. Permittee shall mean a Person who has received a permit to
discharge Wastewater into OCSD's Sewerage Facilities subject to
the requirements and conditions established by OCSD.
61. Person shall mean any individual, partnership, copartnership,
company, fine, association, corporation or public agency, joint stock
company, trust, estate, or any other legal entity; or their legal
representatives, responsible corporate officers, agents, assigns,
including all federal, state, and local governmental entities.
62. Pesticides shall mean those compounds classified as such under
federal or state law or regulations including, but not limited to DDT
(dichlorodiphenyltrichloro-ethane, both isomers); DDE
(dichlorodiphenyl-ethylene); DDD (dichlorodiphenyldichloroethane);
aldrin, benzene hexachloride (alpha [a], beta [(3], and gamma [y]
isomers); chlordane; endrin; endrin aldehyde; 2,3,7,8-
tetrachlorodibenzo-p-dioxin (TCDD); toxaphene; a-endosulfan; [i-
endosulfan; endosulfan sulfate; heptachlor; heptachlor epoxide;
dieldrin; demeton; guthion; malathion; methoxychlor; mirex; and
parathion.
63. Pollutant shall mean any constituent, compound, or characteristic of
Wastewaters on which a discharge limit or requirement may be
imposed either by OCSD or the regulatory bodies empowered to
regulate OCSD.
64. Polychlorinated Biphenvls (PCB) shall mean those compounds
classified as such under federal or state law including, but not limited
to Aroclors 1016, 1221, 1228, 12322 1242, 1248, 1254, 1260, and
1262.
65. 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 OCSD
prior to, or in lieu of, discharge of the Wastewater into OCSD's
Sewerage System. The reduction or alteration can be obtained by
physical, chemical or biological processes, by process changes, or
by other means.
66. 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.
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67. Pretreatment Requirements shall mean any substantive or
procedural requirement related to Pretreatment, other than a
National Pretreatment Standard, imposed on an Industrial User.
68. 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 to
prevent:
a) Interference with OCSD's operation; or
b) biosolids contamination; or
C) Pass Through into receiving waters or into the atmosphere.
69. Public Agency shall mean the State of California and any city, county,
district, other local authority or public body of or within this state.
70. Public Sewer shall mean a sewer owned and operated by OCSD, a
city or other local sewering Public Agency which is tributary to
OCSD's Sewerage Facilities.
71. Publicly Owned Treatment Works or POTW shall mean a treatment
works as defined by section 212 of the Act (33 U.S.C. 1292), which
is owned by a state or municipality (as defined by section 502(4) of
the Act[33 U.S.C. 1362(4)1).This definition includes any devices and
systems used in the storage, treatment, recycling and reclamation of
municipal Sewage or industrial wastes of a liquid nature. It also
includes sewers, pipes and other conveyances only if they convey
Wastewater to a POTW Treatment Plant. The term also means the
municipality, as defined in section 502(4) of the Act, which has
jurisdiction over the Indirect Discharges to and the discharges from
such a treatment works.
72. RCRA shall mean Resource Conservation and Recovery Act of 1976
(42 U.S.C. 6901, et seq.) and as amended.
73. Regulatory Agencies shall mean those agencies having jurisdiction
over the operation of 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).
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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).
74. Regulatory Compliance Schedule Agreement(RCSA)shall mean an
agreement between OCSD and Permittee requiring the Pennittee to
implement Pretreatment practices and/or install equipment to ensure
compliance with future revised categorical Pretreatment Standards
or revised discharge limits.
75. Responsible Officer shall mean:
a) As defined in 40 CFR 403.120), if the applicant or User is a
corporation:
(1) The president, secretary, treasurer, or a vice president
of the corporation in charge of a principal business
function, or any other person who performs similar
policy- or decision-making functions for the
corporation; or
(2) The manager of one or more manufacturing,
production, or operation facilities, provided the
manager is authorized to make management decisions
that govern the operation of the regulated facility
including having the explicit or implicit duty of making
major capital investment recommendations, and
initiate and direct other comprehensive measures to
assure long-tens environmental compliance with
environmental laws and regulations; can ensure that
the necessary systems are established or actions
taken to gather complete and accurate information for
individual Wastewater discharge permit requirements;
and where authority to sign documents has been
assigned or delegated to the manager in accordance
with corporate procedures.
b) As defined in 40 CFR 403.1200. if the applicant or User is a
partnership or sole proprietorship: a general partner or
proprietor, respectively.
c) If the applicant or User is a federal, state, or local
OCSD-53-17
1392497.1
governmental facility: a director or highest official appointed
or designated to oversee the operation and performance of
the activities of the government facility, or the designee.
d) An applicant or User not falling within one of the above
categories must designate as the Responsible Officer an
individual responsible for the overall operation of the facility.
76. Sample Point shall mean a location accepted by OCSD, from which
Wastewater can be collected that is representative in content and
consistency of the entire flow of Wastewater being sampled.
77. Sampling Facilities shall mean structure(s) provided at a User's
expense for OCSD or User to measure and record Wastewater
constituent mass, concentrations, collect a representative sample, or
provide access to plug or terminate the discharge.
78. Sanitary Waste shall mean domestic Wastewater, human
excrement, and gray water (e.g., water from household showers,
dishwashing operations, etc.).
79. Septic Waste shall mean any Sewage from holding tanks such as
vessels, chemical toilets, and septic tanks.
80. Service Area shall mean an area for which OCSD has agreed to
either provide sewer service, or Wastewater treatment, or
Wastewater disposal.
81. Sewage shall mean Wastewater.
82. Sewerage Facilities or System shall mean any and all facilities used
for collecting, conveying, pumping, treating, and disposing of
Wastewater or sludge or biosolids.
83. Significant Industrial User, except as provided in 40 CFR 403.3(v)(2)
and (v)(3), shall mean: (i)All Industrial Users subject to Categorical
Pretreatment Standards under 40 CFR 403.6 and/or 40 CFR
Chapter I, Subchapter N; and (ii) Any other Industrial User that,
pursuant to 40 CFR 403.3(v)(1): discharges an average of 25,000
gallons per day or more of process Wastewater to the POTW
(excluding sanitary, noncontact cooling and boiler blowdown
Wastewater); contributes a process wastestream which makes up 5
percent or more of the average dry weather hydraulic or organic
capacity of the POTW Treatment plant; or is designated as such by
OCSD on the basis that the Industrial User has a reasonable
potential for adversely affecting the POTW's operation or for violating
OCSD-53-18
1392497.1
any Pretreatment Standard or requirement (in accordance with 40
CFR 403.8(f)(6)).
84. Skin cant 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 403.8(f)(2)(viii).
85. Slug Load or Slug Discharge shall mean any discharge at a flow rate
or concentration, which could cause a violation of the prohibited
discharge standards in Section 201 of this Ordinance. A Slug
Discharge is any Discharge of a non-routine, episodic nature,
including but not limited to an accidental spill or a non-customary
batch Discharge, which has a reasonable potential to cause
Interference or Pass Through, or in any other way violate the
POTW's regulations, Local Limits, or Permit conditions.
86. Sludge shall mean any solid, semi-solid or liquid decant, subnate or
supemate from a manufacturing process, utility service, or
Pretreatment Facility.
87. Special Assessment Credit shall mean the portion of the secured
property tax bill that represents the regional special assessment
sewer User fee as defined by OCSD.
88. Special Purpose Use shall mean any Discharger who is granted a
Special Purpose Discharge Permit by OCSD to discharge unpolluted
water, storm runoff, or groundwater to OCSD's Sewerage Facilities.
89. Spent Solutions shall mean any concentrated Industrial Wastewater
or Wastewater that is not authorized to be discharged to a Sewage
facility until appropriately treated.
90. Soill Containment shall mean a protection system installed by the
Permittee to prohibit the discharge to the sewer of non-compatible
Pollutants.
91. 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.
92. Suspended Solids or Total Suspended Solids (TSS) shall mean any
insoluble material contained as a component of Wastewater and
capable of separation from the liquid portion of said Wastewater by
laboratory filtration as determined by the appropriate testing
procedure and expressed in terms of milligrams per liter.
OCSD-53-19
1392497.1
93. Total Organic Carbon (TOC)shall mean the measure of total organic
carbon in mg/L using heat, oxygen, ultraviolet irradiation, chemical
oxidants, or combinations of these oxidants that convert organic
carbon to carbon dioxide, rounded to two significant figures.As such,
Total Toxic Organics is a subset of TOC.
94. Total Toxic Organics (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.
95. Unoolluted Water shall mean water to which no Pollutant has been
added either intentionally or accidentally.
96. 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. User includes Industrial Users as a
type of User.
97. Waste-Tracking Foram shall mean that receipt which is retained by
the generator of hazardous wastes as required by the State of
California or the United States Government pursuant to RCRA, or
the California Hazardous Materials Act, or that receipt which is
retained by the generator for recyclable wastes or liquid non-
hazardous wastes as required by OCSD. The Waste-Tracking Foram
is typically known as a "waste manifest."
98. Wastehauler shall mean any Person carrying on or engaging in
vehicular transport of brine, domestic septage (except the SAWPA
Sewer Service Area in compliance with the 1996 OCSD/SAWPA
Agreement), or Wastewater as part of, or incidental to, any business
for the purpose of discharging directly or indirectly said Wastewater
into OCSD's Sewerage System.
99. 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.
100. 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.
101. Wet Weather shall mean any period of time during which measurable
OCS0.53-20
U92497A
rainfall occurs within 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.
102. 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.
103. Zero Discharge Certification shall mean a control mechanism that is
issued by OCSD to ensure that speck facilities are not discharging
a Pollutant(s) that may otherwise qualify the facility for a discharge
permit.
B. Words used in this Ordinance in the singular may include the plural and the
plural the singular. Terms used in the masculine forth shall include
feminine, and terms used in the feminine form shall include masculine.
103. CONFIDENTIAL INFORMATION
All user information and data on file with OCSD is presumed to be available to the public
and governmental agencies without restriction unless the User specifically requests and
is able to demonstrate to the satisfaction of 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 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. SALE OR CHANGE OF OWNERSHIP
A. Permits issued under this Ordinance are for a speck User, for a specific
operation at a specific location or for a speck Wastehauler, and create no
vested rights. Notwithstanding 104.C, the existing permit will be terminated
upon sale or change of ownership.
B. 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.
OCSD-53-21
139 9'/.1
C. 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.
D. At least thirty(30) calendar days prior to the sale or change of ownership of
any business operating under a permit issued by OCSD, the Perrmittee shall
notify OCSD in writing of the proposed sale or change of ownership. The
successor owner shall apply to OCSD for a new permit at least thirty (30)
calendar days prior to the sale or change 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 new
permit is issued by OCSD to the successor owner.
E. The written notification of intended sale or change of ownership shall be in
a form approved by OCSD and shall include a written certification by the
new owner or Authorized Representative, which shall include as a
minimum:
1. the specific date on which the sale or change of ownership is to
occur; and
2. an acknowledgement to comply fully with all the terms, conditions,
limits, and provisions of this Ordinance and the new permit.
105. RESERVED
106. AUTHORITY
A. 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 OCSD the authority to regulate and/or
prohibit, by the adoption of ordinances or resolutions, and by issuance of
discharge certifications, or discharge permits, the discharge of any
Wastewater, directly or indirectly, to OCSD's Sewerage Facilities. Said
authority includes the right to establish limits, conditions, and prohibitions;
to establish flow rates or prohibit flows discharged to 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 including implementation of the
Enforcement Response Plan, whether within or outside OCSD's
boundaries, including those Users that are tributary to OCSD or within areas
for which OCSD has contracted to provide sewerage services.
B. Four jurisdictions contribute to and are under the purview of OCSD's
OCSD-53-22
1392/91.1
Pretreatment program: a section of the Irvine Ranch Water District; a
section of the Sanitation Districts of Los Angeles County, which has several
Dischargers at the county border; the South Orange County Wastewater
Authority, and the Santa Ana Watershed Project Authority(SAWPA),whose
discharge is delivered via the Santa Ana River Interceptor (SARI) and is
comprised of mostly Wastewater brines. Nothing in this Ordinance is
intended to preclude the discharge from SAWPA's SARI Service Area of
discharges consisting solely of Wastewater brines that are compliant with
all regulations and agreements.
C. OCSD has the authority pursuant to California Health and Safety Code
Sections 5471 and 5474 to prescribe, revise, and collect all fees and
charges for services and facilities furnished by 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.
105. SIGNATORY REQUIREMENTS
Reports and permit applications required by this Ordinance shall contain the following
certification statement:
"I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and imprisonment for
knowing violations."
The statement shall be signed by a Responsible Officer (or his/her Authorized
Representative) of the Industrial User as defined in 40 CFR 403.12(1), or as defined and
designated by OCSD.
109. RECORD KEEPING REQUIREMENTS
Any User subject to OCSD's reporting requirements shall maintain and make available
for inspection and copying records of all information obtained pursuant to, or resulting
from, any monitoring activities required by OCSD, including documentation associated
with Best Management Practices, and any additional records or information obtained
pursuant to monitoring activities undertaken by the User independent of such
OCSD-53-23
1392 9 .1
requirements. Such records shall include information as described in 40 CFR
403.12(o)(1) and (2). These records shall remain available for a period of at least three
(3) years. This period shall be automatically extended for the duration of any litigation
concerning the User or OCSD, or where the User has been specifically notified of a longer
retention period by the General Manager.
OCSD-53-24
1392497.1
ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR
DISCHARGE
201. PROHIBITED DISCHARGES
These prohibitions apply to all Users of OCSD's Sewerage 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 OCSD's
Sewerage Facilities any Pollutant,Wastewater, orflowwhich causes
Pass Through or Interference or would cause 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 OCSD to violate any federal, state, or local
regulatory permit.
3. No Person shall transport Wastewater from one location or facility to
another for the purpose of treating or discharging it directly or
indirectly to OCSD's Sewerage Facilities without written permission
from OCSD.
4. No Person shall deliver by vehicular transport, rail car, or dedicated
pipeline, directly or indirectly to OCSD's Sewerage Facilities,
Wastewater which contains any substance that is defined as a
hazardous waste by the Regulatory Agencies.
5. No Person shall discharge or cause to be discharged any non-
domestic water directly or indirectly to any OCSD Sewerage
Facilities without prior authorization.
B. Speck Prohibitions. No User shall introduce or cause to be introduced
into the Sewerage Facilities, any Pollutant, substance, or Wastewater
which:
1. Creates a fire or explosive hazard in the Sewerage Facilities
including, but not limited to, wastestreams with a closed-cup
flashpoint of less than 140 degrees Fahrenheit (60 degrees
Centigrade) using any of 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).
OCSD-53-25
1M4W.1
2. Causes obstruction to the flow in the Sewerage Facilities 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 Sewerage Facilities 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, OCSD's
treatment plant effluent to fail a toxicity test.
7. Causes OCSD's effluent or any other product of the treatment
process, residues, biosolids, or scums, to be unsuitable for
reclamation, reuse or disposal. Examples of items which may cause
these conditions include, but are not limited, to food packaging,
product containers, and non-dispersible products.
8. Causes discoloration or any other condition which affects the quality
of OCSD's influent or effluent in such a manner that inhibits 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 Standards,
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.
13. Causes corrosion, fouling, occlusion, or damage to the POTW
beyond normal wear and tear.
OCSD-53-26
1392497.1
14. Is released in a discharge at a flow rate and/or Pollutant
concentration (including oxygen-demanding Pollutant (BOD, etc.))
which will cause interference with OCSD's Sewerage Facilities.
15. Is in excess of the permitted Mass Emission Rates established in
accordance with Section 213 of this Ordinance, or the concentration
limits set forth in Table 1, or the discharge permit.
16. Contains material which will readily settle or cause an obstruction to
flow in the Sewerage Facilities resulting in interference, such as, but
not limited to, sand, mud, glass, metal filings, diatomaceous earth,
cat litter, asphalt, wood, bones, hair, fleshings, food packaging,
product containers, and non-dispersible products.
17. Includes petroleum oil, non-biodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or Pass
Through.
18. Causes the Orange County Water District Groundwater
Replenishment System product water to exceed its TOC limit of 0.5
mg/L.
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
No Person shall discharge groundwater, storm water, surface runoff, or subsurface
drainage directly or indirectly to OCSD's Sewerage Facilities except as provided herein.
Pursuant to Section 304 or 305, et seq., OCSD may approve the discharge of such water
only when no alternate method of disposal is reasonably available or to mitigate an
environmental risk or health hazard. The discharge of such waters shall require a Dry
Weather Urban Runoff Discharge Permit, a Special Purpose Discharge Permit, or written
authorization from OCSD. If a permit is granted for the discharge of such water into a
Public Sewer, the User shall pay all applicable charges and shall meet such other
conditions as required by OCSD.
204. PROHIBITION ON NON-DOMESTIC SURFACE AND FLOOR DRAINS
No Person shall discharge non-domestic water via a surface or floor drain directly or
indirectly to OCSD's Sewerage Facilities except as provided herein. OCSD may approve
OGSD-53-27
1392497.1
the discharge of such water at its sole discretion. The discharge of such waters shall
require written authorization from OCSD and shall meet other such conditions as required
by OCSD and this Ordinance.
205. PROHIBITION ON UNPOLLUTED WATER
A. No Person shall discharge unpolluted water such as single pass cooling
water directly or indirectly to OCSD's Sewerage Facilities except as
provided herein. Pursuant to Section 305, at seq., 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 OCSD.
C. If a permit is granted for the discharge of such water into a public sewer, the
User shall pay all applicable charges and shall meet such other conditions
as required by OCSD.
206. PROHIBITION ON SLUG DISCHARGES AND NOTIFICATION REQUIREMENT
OCSD has the right to control slug discharges, if it is determined to be necessary. All
Significant Industrial Users are required to notify OCSD immediately of any changes at
their facilities that could affect the potential for a slug discharge.
207. 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 General Manager is obtained.
206. 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
OCSD upon written application by the User and payment of the applicable fees and
charges established therefor.
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1392497.1
209. HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT
Any User that discharges any hazardous waste into the Sewerage System shall notify
OCSD immediately as required by 40 CFR 403.12(p).
210. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES TO
OCSD'S SEWERAGE SYSTEM AND WASTEHAULER STATION
A. No Wastehauler shall discharge to OCSD's 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 (OCHCA) registration or other
control mechanism (where applicable), and a OCSD Wastehauler Permit as
required by Section 306. Such Wastewaters shall be discharged only at
locations designated by OCSD, and at such times as established by OCSD.
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 1.
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 Industrial Wastewater meets
federal and state limits applicable to the User or generator from which the
Industrial Wastewater was obtained; or the Maximum Local Discharge
Limits as specified in Table 1,whichever are more stringent. The discharge
of hauled Industrial Wastewater is subject to all other requirements of this
Ordinance.
D. No Wastehauler shall discharge or deliver Wastewater to a Sewerage
System that is tributary to OCSD's Sewerage Facilities that are from a
source that is not within OCSD's service area unless prior authorization for
such Wastewater is granted by the General Manager.
E. No Wastehauler shall deliver directly to OCSD's Sewerage Facilities any
Wastewater originating within OCSD's boundaries, from an industrial user
subject to categorical Pretreatment Standards, and is greater than the
categorical Pretreatment Standards, OCSD's Local Limits, or hazardous
waste levels defined by RCRA (40 U.S.C. § 6901, at seq.) or 40 CFR 261.
F. Notwithstanding E above, no Wastehauler shall deliver directly to OCSD's
Sewerage Facilities any Wastewater originating within OCSD's boundaries,
from a commercial or an industrial user not subject to categorical
Pretreatment Standards, and is greater than OCSD Local Limits or
hazardous Waste levels defined by RCRA or 40 CFR 261.
OCSD-53-29
139249➢.1
G. No Wastehauler shall add chemicals into Wastehauler trucks while on
OCSD premises before discharging to the OCSD Wastehauler Station
unless approved by OCSD.
H. No Wastehauler shall discharge Wastewater to the OCSD Wastehauler
Station, which contains mixed load types, i.e., domestic septage, brine, etc.
I. Wastehaulers shall provide a Waste-Tracking Form for every load. This
form shall include,at a minimum,the name and address of the Wastehauler,
permit number, truck identification, names and addresses of all sources of
Wastewater, and volume and characteristics of Wastewater.
J. Discharge at the OCSD Wastehauler Station shall be through an
appropriate hose and connection to the discharge port. Discharging
Wastewater directly to the surface area of the Wastehauler Station is
prohibited.
K. Wastehauler hoses must be connected to the Wastehauler Station
discharge port when being cleaned.
L. Transferring loads between trucks or from portable toilets to trucks on
OCSD property is prohibited unless permission from OCSD is obtained.
M. Wastehaulers discharging Food Service Establishment grease waste into
OCSD's Wastehauler Station must have a valid California Department of
Food and Agriculture(CDFA)permit, if required by law. Wastehaulers must
have all necessary permits, or copies thereof, in their possession at the time
of discharge to the OCSD Wastehauler station and must present copies for
inspection by OCSD personnel upon request
211. PROHIBITION ON MEDICAL WASTE
A. No solid Wastes consisting of, but not limited to, hypodermic needles,
syringes, instruments, utensils or other paper and plastic items from
hospitals, clinics, offices of medical doctors, convalescent homes, medical
laboratories or other medical facilities shall be discharged to the Sewerage
System, unless prior written approval for such discharges has been granted
by the General Manager.
B. OCSD shall have the authority to require that any discharge of etiologic
agents or infectious agents or substances to the Sewerage System be
rendered inactive and noninfectious prior to discharge if the infectious
Waste is deemed to pose a threat to the public health and safety, or can
become an etiologic agent subsequent to discharge to the Sewerage
OCSD53-30
1392497.1
System, or will result in any violation of applicable Wastewater discharge
requirements.
C. No unused, unwanted, or expired pharmaceuticals (both over the counter
and prescription-only medications) shall be disposed of in the Sewerage
System, except in accordance with federal and state regulations, or in the
absence of such regulations, using Best Management Practices.
212. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES
Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited
by this Ordinance, or any permit issued under this Ordinance must be disposed of in
compliance with all regulatory requirements at a permitted point of disposal as defined by
OCSD or Regulatory Agency with jurisdiction thereof.
If the point of disposal is at an OCSD-permitted treatment facility, all Waste-Tracking
Forms shall be retained for a minimum of three years by the facility and Wastehauler of
said Wastewater and made available for copying for review upon request.
213. PROHIBITION ON HYDROLYSATE
No Person shall discharge Hydrolysate, Wastes, or Wastewater resulting from Hydrolysis
either directly or indirectly to the Sewerage System.
214. BEST MANAGEMENT PRACTICES
OCSD may develop BMPs, by ordinance or individual wastewater discharge permits, to
implement Local Limits and the requirements of Article 2.
215. 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 1, Maximum Allowable Local Discharge Limits, or
Federal Categorical Pretreatment Standards, and the User's average daily
Wastewater discharge for the past three years, the most recent
representative data, or other data acceptable to the General Manager.
B. To verify the User's operating data, OCSD may require the User to submit
an inventory of all Wastewater streams and/or records indicating production
rates.
C. 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 OCSD; OCSD's ability to meet NPDES
OGSD-53-31
1392497.1
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.
OCSD-53-32
1392497.1
216. MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS
OCSD's Maximum Allowable Local Discharge Limits are shown in Table 1 below.
TABLE 1
MAXIMUM ALLOWABLE LOCAL NON-DOMESTIC DISCHARGE LIMITSt11
CONSTITUENT MILLIGRAMS/LITER
1,4-dioxanet21 1.0
Ammonia Massol
Arsenic 2.0
Biochemical Oxygen Demand(BOD) Mass(3)
Cadmium 1.0
Chromium(Total) 20.0
Copper 3.0
Cyanide(Total) 5.0
Lead 2.0
Mercury 0.03
Molybdenum 2.3
Nickel 10.0
Pesticides 0.01
Oil and Grease of Mineral or Petroleum Onginl4l 100.0
Polychlonnated Biphenyls(PCB) 0.01
Selenium 3.9
Silver 15.0
Sulfide(Dissolved) 0.5
Sulfide(Total) 5.0
Zinc 10.0
MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR WASTEHAULERS
DISCHARGING DOMESTIC SEPTAGE TO THE
OCSD WASTEHAULER STATION
CONSTITUENT MILLIGRAMS/LITER
Cadmium 1.0
Chromium 35.0
Copper 25.0
Lead 10.0
Nickel 10.0
Zinc 50.0
r'I Users subject to Federal Calegorical Pretreatment Standards may be required to meal more stringent limit.
W 1,4-dioxane is also on.as'pdlexane.'
rs BOD and ammonia mass discharged will be backed by OCSD and Users. b is the PennNee's responsibility to report
the intended technicallybased mass use to OCSD.
141'Oil and Grease of Mineral or Petroleum Origin's also known as'Pet oleum Oil and Grease as Silica Gel Treated n-
Hemne Fxladable Material'or'SGT-HEM Non-Polar Material
OCSD53-33
13924W.1
ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES
301. INTRODUCTION
A. To provide the maximum public benefit from the use of OCSD's Sewerage
Facilities, written authorization to use said facilities is required. This written
authorization shall be in the forth of a discharge permit or certification. No
vested right shall be given by issuance of permits or certifications provided
for in this Ordinance. OCSD reserves the right to establish, by Ordinance
regulation, or in Wastewater Discharge Permits or certifications, more
stringent standards or requirements on discharges to OCSD Sewerage
Facilities if deemed by the General Manager appropriate to comply with this
Ordinance and the requirements of Regulatory Agencies.
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. Wastehaueer Discharge Permit.
C. The Discharge Certification is issued to those Users that are discharging
regulated Wastewater but are not otherwise required to obtain a discharge
permit.
D. The Zero Discharge Certification is issued to certify that a particular
Pollutant or process is not used or discharged to OCSD, even though
regulated process Wastewater may still be generated on-site and eventually
wastehauled or otherwise eliminated. Such a facility does not require a
discharge permit, but may require a Zero Discharge Certification.
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 OCSD. The conditions of Wastewater Discharge
OCSD-53-34
1392497.1
Permits shall be enforced by 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 User
is any User:
1. Subject to Federal Categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR chapter I, subchapter N; or
2. That discharges an average of 25,000 gallons per day or more of
process Wastewater to the POTW (excluding sanitary, nonoontact
cooling and boiler blowdown Wastewater); or
3. Contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of the
OCSD POTW; or
4. That is designated as such by OCSD on the basis that the Industrial
User has a reasonable potential for adversely affecting the OCSD
POTWs operation or for violating any Pretreatment Standard, Local
Limit or requirement (in accordance with 40 CFR 403.8(f)(6)); or
5. That may cause Pass Through affecting OCSD's ability to comply
with its NPDES Permit or other regulations and standards; or
6. That may cause Interference with OCSD's Sewerage Facilities.
302.1 Class I Wastewater Discharqe Permit Application
A. Any User required to obtain a Class I Wastewater Discharge Permit shall
complete and file with OCSD, prior to commencing discharge, an
application on the form prescribed by 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.
OCSD-53-35
1392497.1
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 OCSD,
including, but not limited to, those mentioned in Section 215, Mass
Emission Rate Determination, and Table 1, Loral Discharge Limits,
of this Ordinance. These constituents and characteristics shall be
determined by a laboratory selected by the discharger and
acceptable to 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-Tracking Forms, 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 OCSD to properly evaluate the permit application.
D. After evaluation of the data, OCSD may issue a Wastewater Discharge
Permit, subject to terms and conditions set forth in this Ordinance and as
OCSD-53-36
1392497.1
otherwise determined by the General Manager to be appropriate to protect
OCSD's Sewerage Facilities.
E. The permit application may be denied if the applicant fails to establish to
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 such
as Permit Fees, Non-Compliance Resampling 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, including BMPs based on applicable
Pretreatment Standards.
2. Requirements to notify 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 Pretreatment Standards
and/or Local Limits, and/or Waste-Tracking Fortes.
5. Requirements for maintaining,for a minimum of three(3)years, plant
records relating to Wastewater discharge, and Waste-Tracking
Forms 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 and/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.
OCSD-53-37
1392497.1
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3. Requirements to self-monitor.
4. Assumed values for BOD and suspended solids characteristics that
typify the Discharger's effluent for determination of the charge for
use.
5. Other terms and conditions which may be appropriate to ensure
compliance with this Ordinance or determined by the General
Manager to be appropriate to protect OCSD's 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 fees must be received by 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 623.(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. 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 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
OCSD-53-38
139b 9].1
necessary pollution control equipment before beginning discharge, and
comply with applicable Federal Categorical Pretreatment Standards not to
exceed thirty (30) days after the commencement of discharge.
C. 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. 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 four(4) years. At least
forty-five (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 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's Sewerage
Facilities are exclusive of any fees levied by local sewering agencies. The
charge for use shall be based on the total maintenance, operation, capital
expenditures, and reserve requirements for providing Wastewater
collection, treatment, and disposal.
B. A Discharger who is issued 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 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 OCSD. OCSD shall compute the charge
for use based upon actual use for the preceding fiscal year on an annual
reconciliation statement.
C. The charge for use is payable within forty-five (45) days of invoicing by
OCSD. A special assessment 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.
D. In order for OCSD to determine actual annual water use, the User shall
OCSD-53-39
r3924W.r
provide to OCSD copies of its water bills. If these water bill copies are not
received by August 15th of each yearforthe 12-month period ended closest
to June 30, OCSD will endeavor to obtain the water use data. Data obtained
by 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 OCSD obtains water use data. 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=VoV+ BoB + SoS—Special Assessment Credit
Where V= total annual volume of flow, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in thousands of
pounds
S =total annual discharge of suspended solids, in thousands of pounds
Vo, Bo, So = Unit Charge rates established and adopted by Ordinance of
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 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
OCSD-53AO
1392491.1
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 Vo, and
in dollars per thousand pounds for Bo and So.
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 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
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 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 OCSD. The conditions of Wastewater Discharge
Permits shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
OCSD-5341
1392499.1
C. All Class II 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 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; and
2. Discharging Wastewater other than sanitary; and
3. Not otherwise required to obtain a Class I permit.
303.1 Class II Wastewater Discharge Permit Application
A. Any User required to obtain a Class 11 Wastewater Discharge Permit shall
complete and file with OCSD, prior to commencing discharge, an
application on the form prescribed by 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.
2. Name and 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 otherthan 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 OCSD,
including, but not limited to, those mentioned in Section 215, Mass
Emission Rate Determination, and Table 1, Local Discharge Limits
of this Ordinance. These constituents and characteristics shall be
determined by a laboratory selected by the Discharger and
acceptable to OCSD.
OCSD-53-42
1392497.1
8. Time and duration of discharge.
9. Number of employees and average hours of work per employee per
day.
10. Production records, if applicable.
11. Waste-Tracking Forms, if applicable.
12. Landscaped area in square feet, if applicable.
13. Tons of cooling tower capacity, if applicable.
14. EPA Hazardous Waste Generator Number, if applicable.
15. Any other information as specked.
B. Applicants may be required to submit site plans, floor plans, mechanical and
plumbing plans, and details to show all sewers, spill containment, claimers,
Pretreatment systems, and appurtenances by size, location, and elevation
for evaluation.
C. Applicants may also be required to submit other information related to the
applicant's business operations, processes, and potential discharge as may
be requested to properly evaluate the permit application.
D. After evaluation of the data furnished, 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
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 and/or limits:
1. Applicable Mass Emission Rates and concentration limits regulating
non-compatible Pollutants.
2. Requirements to notify OCSD in writing prior to modification to
processes or operations through which Industrial Wastewater may
OCSD-53-43
1392491.1
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-Tracking Forms.
5. Requirements to submit copies of tax and water bills.
B. A Class II permit may contain any of the following conditions and/or limits:
1. Requirements for the User to construct and maintain, at his own
expense, appropriate Pretreatment equipment, pH control, flow
monitoring and/or sampling facilities.
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3. Assumed values for 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-Tracking Forms
as specified by OCSD.
6. Other provisions which may be appropriate to ensure compliance with
this Ordinance.
7. Other terms and conditions determined by the General Managerto be
appropriate to protect OCSD's Sewerage 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 OCSD prior to
issuance of ether a new permit or a renewed permit. Permittee shall also
pay any delinquent invoices in full prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 623.(E) of this Ordinance.
OCSD-53-44
r3um.1
303.4 Class II Permit Modification of Terms and Conditions
A. The terns 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. 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 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. 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 II permits shall normally be issued for a period not to exceed five (5)years. At least
forty-five (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 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's Sewerage
Facilities are exclusive of any fees levied by local sewering agencies. The
charge for use shall be based on the total maintenance, operation, capital
expenditures, and reserve requirements for providing Wastewater
collection, treatment, and disposal-
B. A Discharger who is issued a Class II Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
OCSD-53-45
13W491.1
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 OCSD.
Annually, OCSD shall compute the charge for use based upon actual use
for the preceding fiscal year on an annual reconciliation statement. The
charge for use is payable within forty-five (45) days of invoicing by OCSD.
A special assessment 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. In order for OCSD to determine actual annual water use, the User shall
provide to OCSD copies of its water bills. If these water bill copies are not
received by August 15th of each yearfor the 12-month period ended closest
to June 30,OCSD will endeavor to obtain the water use data. Data obtained
by 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 OCSD. The amount of the fee shall be adapted by the
OCSD Board of Directors.
D. The charge for use shall be computed by the following formula:
Charge for Use = VoV+ BoB + SoS—Special Assessment Credit
Where V= total annual volume of flow, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in thousands of
pounds
S = total annual discharge of suspended solids, in thousands of pounds
Vo, Bo, So = Unit Charge rates adopted annually by Ordinance of OCSD's
Board of Directors, based upon the funding requirements of providing
sewerage service, in dollars per unit as described in Paragraph E below.
E. 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
OCSD-53-46
1392497.E
oxygen demand and suspended solids in accordance with the
General Manager's determination as to the costs associated with
each parameter and pursuant to applicable requirements of state
and federal Regulatory Agencies.
The operation and maintenance costs as distributed to flow,
biochemical oxygen demand and suspended solids shall be divided
by the projected annual total flow volume and weights of biochemical
oxygen demand and suspended solids to be treated by the
Sewerage System in the budgeted year.
2. A Capital Facilities Replacement component of the Unit Charge for
capital replacement and capital improvement shall be levied at a rate
to be determined from time to time by the Board of Directors. This
charge shall be allocated among the three Wastewater charge
parameters of flow, biochemical oxygen demand and suspended
solids in accordance with the General Manager's determination of
which portion of the charge predominantly relates to each parameter.
The capital facilities charge distributed to biochemical oxygen
demand and suspended solids shall be divided by the projected
annual weights of biochemical oxygen demand and suspended
solids to be treated by the Sewerage System in the budgeted year.
3. The unit charge rates for each respective Wastewater component in
(1) and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for Vo, and
in dollars per thousand pounds for Bo and So-
F. 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 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
OCSD-5347
1392497.1
determined by averaging the number of people employed at the
beginning and end of each quarter, or other period that reflects
normal employment fluctuations.
304. 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 Runoff 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 controlled by alternative disposal methods.
C. Dry Weather Urban Runoff Discharge 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 Discharge 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.
304.1 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's
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.
OCSD-53-48
13Q491.1
304.2 Dry Weather Urban Runoff Discharge Permit Condition and Limits
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 Usertoconstructand maintain, attheUser'sexpense,
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 may impose additional requirements as may be
appropriate to reduce the burden on OCSD's Sewerage 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.
304.3 Dry Weather Urban Runoff Discharge Permit Fee
The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the applicant in an
amount established in the applicable Ordinance 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.
304.4 Dry Weather Urban Runoff Discharqe 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 Ile 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 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.
304.5 Dry Weather Urban Runoff Discharge Permit Duration and Renewal
Dry Weather Urban Runoff Discharge Permit shall normally be issued for a period not to
exceed five (5) years. At least forty-five(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.
304.6 Dry Weather Urban Runoff Discharge Permit Charge for Use
A Discharger who is issued a Dry Weather Urban Runoff Discharge Permit under the
provision of this Ordinance shall pay a charge for use in accordance with rates established
by Ordinance adopted by OCSD's Board of Directors.
305. SPECIAL PURPOSE DISCHARGE PERMITS
A. No User requiring a Special Purpose Discharge Permit shall discharge
Wastewater without obtaining a Special Purpose Discharge Permit.
Alternatively, at the discretion of the OCSD Division Head or Department
Head, OCSD may issue a Letter to Discharge in lieu of 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 OCSD. The conditions of Special Purpose Discharge
Permits shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
C. All Special Purpose Discharge Permit Users proposing to discharge directly
OCSD-53-50
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or indirectly into OCSD's Sewerage Facilities shall obtain a Special Purpose
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 Discharge Permit shall complete and
file with OCSD, prior to commencing discharge, an application in the forth
prescribed by 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 OCSD for review.
B. The permit application may be denied when the applicant has failed to
establish to 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.
305.2 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 213,
Mass Emission Rate Determination; and Table 1, 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, as listed in
Appendix A of 40 CFR Part 423, or as subsequently amended.
C. 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 OCSD's
Sewerage Facilities, the Local Sewering Agency, to comply with Regulatory
Agencies' requirements, to ensure compliance with this Ordinance, and to
assess a charge for use.
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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 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 OCSD during the life of the permit
based on:
1. The Discharger's current or anticipated operating data;
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 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. 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.
305.5 Special Purpose Discharge Permit Duration and Renewal
Special purpose discharge permits shall normally be issued for a period not to exceed
five (5) 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 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.
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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 OCSD. The conditions of Wastehauler Discharge Permits
shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
B. A Wastehauler proposing to discharge Waste and/or Wastewater into the
OCSD Wastehauler Station shall obtain and keep current both a valid
Orange County Health Care Agency registration (where applicable), and a
OCSD Wastehauler Discharge Permit.
306.1 Wastehauler Discharge Permit Application
A. No User or Wastehauler shall discharge waste and/or Wastewater without
both a valid Orange County Health Care Agency registration (where
applicable) and an OCSD Wastehauler Discharge Permit.
B. Any User or Wastehauler required to obtain a Wastehauler Discharge
Permit shall complete and file with OCSD prior to commencing discharge,
an application in a form prescribed by 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 and address of any and all
principals/owners/major shareholders of the company, Articles of
Incorporation, most recent Report of the Secretary of State, and
Business License.
3. Name and address of leaseholder of the vehicle or trailer, if
applicable.
4. Number of trucks and trailers and the license numbers and tank
hauling capacity of each truck or trailer.
5. A copy of the applicant's valid Orange County Health Care Agency
registration, where applicable.
C. Wastehaulers discharging Food Service Establishment grease waste into
OCSD's Wastehauler Station must have a valid California Department of
Food and Agriculture (CDFA) permit, if required by law.
OCSD-53-53
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D. Other information related to the applicant's business operations and
potential discharge may be requested to properly evaluate the permit
application.
E. After evaluation of the data furnished, 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 OCSD's Sewerage System.
306.2 Wastehauler Discharqe Permit Conditions and Limits
The issuance of a Wastehauler permit may contain any of the following conditions or
limits:
A. Limits on discharge of heavy metals and other priority Pollutants.
B. Requirements for maintaining and submitting Wastehauling records and
Waste-Tracking Forms, and a valid copy of a current Orange County Health
Care Agency registration (where applicable).
C. Additional requirements as otherwise determined to be appropriate by the
General Manager to protect OCSD's Sewerage System or as specked 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 Board of Directors. Payment of permit fees must be received
by 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.
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
OCSD.
306.5 Wastehauler Discharqe 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
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based on:
1. The Discharger's current or anticipated operating data;
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 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. 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 three (3)years.
The Wastehauler Discharge Permit is contingent upon the Permittee maintaining a valid
Orange County Health Care Agency Permit registration throughout the duration of the
Wastehauler Discharge Permit. If at any time, the Permittee is determined to not have a
valid OCHCA registration, the OCSD Wastehauler Discharge Permit will be immediately
revoked. Upon expiration of the permit, the User and/or Wastehauler 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 OCSD for providing the Wastehauler Station service
and monitoring shall be established by Ordinance of the Board of Directors.
307. DISCHARGE CERTIFICATIONS
A. Discharge Certifications may be issued to those Users that are discharging
regulated Wastewater but are not otherwise required to obtain a discharge
permit.
B. No User requiring a Discharge Certification, or a Zero Discharge
Certification shall discharge non-domestic Wastewater to OCSD without
obtaining cert'fiication.
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C. Discharge Certifications shall be expressly subject to all provisions of this
Ordinance and all other regulations, charges for use, and fees established
by OCSD. The conditions of the Discharge Certifications shall be enforced
by OCSD in accordance with this Ordinance and applicable state and
federal regulations.
D. All Users subject to Discharge Certifications proposing to discharge directly
or indirectly into the OCSD's Sewerage Facilities shall obtain a Discharge
Certification by filing an application and paying all applicable fees thereto.
E. A User required to obtain a Discharge Certification may be required, at
OCSD's discretion, to submit a completed application, and OCSD will
approve the certification or otherwise proceed as required by federal law.
F. The Discharge Certification shall contain as a minimum:
1. BMPs to regulate the quality of Wastewater discharged;
2. Requirements to periodically certify that appropriate BMPs are being
practiced or are no longer necessary;
3. Requirements to notify OCSD in writing prior to modification to
processes or operations through which regulated Wastewater may
be produced;
4. Notice that OCSD may inspect the facility as necessary to assess
and assure compliance with all discharge requirements; and
5. Requirements to comply with Resource Conservation and Recovery
Act (RCRA) and state hazardous waste regulations regarding the
proper disposal of hazardous waste.
G. A Zero Discharge Certification shall contain at a minimum:
1. A statement that no discharge of regulated Wastewater is permitted;
2. Requirements to notify OCSD of any changes in operation resulting
in a potential for discharge;
3. Requirements to periodically certify that no discharge of regulated
Wastewater has occurred,
4. Notice that OCSD may inspect the facility as necessary to assess
and assure compliance with the"no discharge" requirement; and
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1392497.1
5. Requirements to comply with Resource Conservation and Recovery
Act (RCRA) and state hazardous waste regulations regarding the
proper disposal of hazardous waste.
308. OUT OF DISTRICT PERMITS/DISCHARGERS
A. Industrial Wastewater Discharge Permits for Dischargers located outside
OCSD's boundaries but within the OCSD service area and tributary to
OCSD's Sewerage Facilities, may be issued by a Local Sewering Agency
after approval by OCSD. OCSD shall have the right of inspection and
sampling of the User's discharge to determine compliance with Industrial
Wastewater discharge regulations. Such inspection and sampling will be
performed under a coordinated plan developed with the Local Sewering
Agency. The more stringent of the industrial Wastewater discharge
regulations and effluent limits of OCSD and the local agency shall apply to
the Discharger.
B. Pursuant to Article 6 herein, OCSD shall have the right to enforce the
Federal Regulations,the provisions of this Ordinance, and permit conditions
and limits applicable to any User located outside of OCSD's service area,
but whose discharge is tributary to OCSD's Sewerage Facilities.
C. The fees for use shall be determined by OCSD and set forth in a use
agreement with the Local Sewering Agency.
D. The requirements for a liquid wastehauler program may be established by
a Local Sewering Agency after obtaining written permission from OCSD.
309. RESERVED
310. RESERVED
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1392497.1
ARTICLE 4. FACILITIES REQUIREMENTS
401. DRAWING SUBMITTAL REQUIREMENTS
Upon request by 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
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.
B. The drawing shall depict as a minimum the manufacturing process
(Wastewater 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. OCSD may require the drawings be prepared by a California Registered
Chemical, Mechanical, or Civil Engineer.
F. Permittees 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 Users expense.
OCSD-58-58
1392497.1
B. All Users may also be required by OCSD to submit Wastewater 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 Pollutants, materials or other Wastewaters regulated by this
Ordinance. Such protection shall be designed to secure the discharges and
to prevent them from entering into the Sewerage System in accordance with
reasonable engineering standards. Such facilities shall be provided and
maintained at the User's expense.
B. The General Manager shall require any Significant Industrial User to
develop and implement an accidental discharge/slug control plan. OCSD
may evaluate whether each 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 OCSD 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.
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404. MONITORING/METERING FACILITIES
All Wastewater samples must be representative of the User's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a User to keep its monitoring
facility in good working order shall not be grounds for the User to claim that sample results
are unrepresentative of its discharge.
A. 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 specked in the Wastewater discharge permit-
C. The monitoring or metering facilities may be required to include a security
closure that can be locked with an 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 OCSD.
E. The User shall provide immediate, clear, safe and uninterrupted access to
OCSD to the User's monitoring and metering facilities.
F. For all industries permitted by 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
Pernittee's sample point.
405. WASTE MINIMIZATION REQUIREMENTS
A. As required by a Users permit, 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 Wastewater produced.
B. Upon approval by OCSD, a User may certify that their facility does not
discharge any type of Wastewater containing Pollutants that may directly or
indirectly discharge into OCSD's Sewerage System as a form of Best
Management Practice (BMP).
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ARTICLES. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS
501. MONITORING AND REPORTING CONDITIONS
A. Monitorina 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 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 OCSD, and at the sole expense of the Permittee. Analyses
performed by OCSD's personnel may be used in the determination of the
annual charge for use.
B. Monitoring for Compliance with Permit Conditions or Reporting
Requirements
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 specked in the User's permit, federal or
state regulations, or this Ordinance. The federal Pretreatment regulations,
including 40 CFR 403.12(g)-(h), contain requirements for collecting
samples, such as requiring that sampling be representative of conditions
occurring during the reporting period and that grab samples must be
collected for certain parameters. These reports include:
1. Baseline Monitoring Reports.
a) Within either one hundred eighty(180)days after the effective
date of a categorical Pretreatment Standard, or the final
administrative decision on a category determination under 40
CFR 403.6(a)(4), whichever is later, existing Industrial Users
subject to categorical Pretreatment Standard(s) currently
discharging to or scheduled to discharge to OCSD shall
submit to the General Manager a report which contains the
information listed in paragraph b), below. At least ninety (90)
days prior to commencement of their discharge, New
Sources, and sources that become Significant Industrial
Users subsequent to the promulgation of an applicable
categorical Standard, shall submit to the General Manager a
report which contains the information listed in paragraph c),
below.A New Source shall report the method of Pretreatment
it intends to use to meet applicable categorical Pretreatment
Standards. A New Source also shall give estimates of its
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anticipated flow and quantity of Pollutants to be discharged.
b) Users described above shall submit the information set forth
below.
(1) All information required in Section 302.13 of this
Ordinance, including requirements in 40 CFR
403.12(b)(1)-(7).
(2) Measurement of Pollutants.
a) The User shall provide the following information.
1) The categorical Pretreatment Standards
applicable to each regulated process and
any new categorically regulated
processes for Existing Sources.
2) The results of sampling and analysis
identifying the nature and concentration,
and/or mass, where required by the
Standard or by the General Manager, of
regulated Pollutants in the discharge
from each regulated process.
3) Instantaneous, Daily Maximum, and
long-term average concentrations or
mass, where required, shall be reported.
4) The sample shall be representative of
daily operations and shall be analyzed in
accordance with procedures set out in
Section 501.2 of this Ordinance. Where
the Standard requires compliance with a
BMP or pollution prevention alternative,
the User shall submit documentation as
required by the General Manager or the
applicable Standards to determine
compliance with the Standard.
5) Sampling must be performed in
accordance with procedures set out in
Section 602 of this Ordinance.
b) The User shall take a minimum of one
representative sample to compile that data
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necessary to comply with the requirements of
this paragraph.
c) Samples should be taken immediately
downstream from Pretreatment facilities if such
exist or immediately downstream from the
regulated process if no Pretreatment exists. If
other Wastewaters are mixed with the regulated
Wastewater prior to Pretreatment the User
should measure the flows and concentrations
necessary to allow use of the Combined
Wastestream Formula in 40 CFR 403.6(e) to
evaluate compliance with the Pretreatment
Standards. Where an alternate concentration or
mass limit has been calculated in accordance
with 40 CFR 403.6(e), this adjusted limit along
with supporting data shall be submitted to
OCSD;
d) Sampling and analysis shall be performed in
accordance with this Ordinance;
e) The General Manager may allow the
submission of a baseline report which utilizes
only historical data so long as the data provides
information sufficient to determine the need for
industrial Pretreatment measures;
f) The baseline report shall indicate the time, date
and place of sampling and methods of analysis,
and shall certify that such sampling and analysis
is representative of normal work cycles and
expected Pollutant discharges to OCSD.
(3) Compliance Certification.A statement, reviewed by the
User's Authorized Representative as defined in this
Ordinance and certified by a qualified professional,
indicating whether Pretreatment Standards are being
met on a consistent basis, and, if not, whether
additional operation and maintenance (O&M) and/or
additional Pretreatment is required to meet the
Pretreatment Standards and Requirements.
(4) Compliance Schedule. If additional Pretreatment
and/or O&M will be required to meet the Pretreatment
Standards,the shortest schedule by which the User will
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1392497.1
provide such additional Pretreatment and/or O&M must
be provided.
The completion date in this schedule shall not be later
than the compliance date established for the applicable
Pretreatment Standard. A compliance schedule
pursuant to this Section must meet the requirements
set forth in this Ordinance.
(5) Signature and Report Certification. All baseline
monitoring reports must be certified in accordance with
this Ordinance and signed by an Authorized
Representative.
2. Compliance Schedule Progress Reports.
The following conditions shall apply to the compliance schedule
required by this Ordinance:
a) The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events
leading to the construction and operation of additional
Pretreatment required for the User to meet the applicable
Pretreatment Standards (such events include, but are not
limited to, hiring an engineer, completing preliminary and final
plans, executing contracts for major components,
commencing and completing construction, and beginning and
conducting routine operation);
b) No increment referred to above shall exceed nine (9) months;
c) The User shall submit a progress report to the General
Manager no later than fourteen (14) days following each date
in the schedule and the final date of compliance including, as
a minimum, whether or not it complied with the increment of
progress, the reason for any delay, and, if appropriate, the
steps being taken by the User to return to the established
schedule; and
d) In no event shall more than nine (9) months elapse between
such progress reports to the General Manager.
3. 90-Day Compliance Reports.
Within ninety (90) days following the date for final compliance with
applicable categorical Pretreatment Standards, or in the case of a
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New Source following commencement of the introduction of
Wastewater into OCSD, any User subject to such Pretreatment
Standards and Pretreatment Requirements shall submit to the
General Manager a report containing the information described in
this Ordinance. For Users subject to equivalent mass or
concentration limits, this report shall contain a reasonable measure
of the User's long-tens production rate. For all other Users subject
to categorical Pretreatment Standards expressed in terms of
allowable Pollutant discharge per unit of production (or other
measure of operation), this report shall include the User's actual
production during the appropriate sampling period. All compliance
reports must be signed and certified in accordance with this
Ordinance. All sampling will be done in conformance with Section
602.
4. Periodic Compliance Reports.
a) Except as otherwise specified in this Ordinance, all Significant
Industrial Users must, at a frequency determined by the
General Manager, submit no less than twice per year on dates
specked by OCSD reports indicating the nature,
concentration of Pollutants in the discharge which are limited
by Pretreatment Standards and the measured or estimated
average and maximum daily flows for the reporting period. In
cases where the Pretreatment Standard requires compliance
with a Best Management Practice (BMP) or pollution
prevention alternative, the User must submit documentation
required by the General Manager or the Pretreatment
Standard necessary to determine the compliance status of the
User including documentation associated with Best
Management Practices.
b) OCSD will meet reporting requirements as specified by 40
CFR Part 3 (Cross-Media Electronic Reporting). Therefore,
Users that send electronic (digital) documents to OCSD to
satisfy the requirements of this Section must register for the
system online and submit a signed Subscriber Agreement to
OCSD for review and approval.
5. Notification of the Discharge of Hazardous Waste.
a) Any User who commences the discharge of hazardous waste
shall notify OCSD, the EPA Regional Waste Management
Division Director, and state hazardous waste authorities, in
writing, of any discharge into OCSD of a substance which, if
otherwise disposed of, would be a hazardous waste under 40
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13W491.1
CFR Part 261. The User shall receive written approval from
the OCSD to discharge hazardous waste. Such notification
must include the name of the hazardous waste as set forth in
40 CFR Part 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, or other). If the User
discharges more than one hundred (100) kilograms of such
waste per calendar month to OCSD, the notification also shall
contain the following information to the extent such
information is known and readily available to the User: an
identification of the hazardous constituents contained in the
wastes, an estimation of the mass and concentration of such
constituents in the wastestream discharged during that
calendar month, and an estimation of the mass of constituents
in the wastestream expected to be discharged during the
following twelve (12) months. All notifications must take place
no later than one hundred and eighty (180) days after the
discharge commences. Any notification under this paragraph
need be submitted only once for each hazardous waste
discharged. However, notifications of changed conditions
must be submitted under subdivision 6 below. The notfcation
requirement in this Section does not apply to Pollutants
already reported by Users subject to categorical Pretreatment
Standards under the self-monitoring requirements of this
Ordinance.
b) Dischargers are exempt from the requirements of paragraph
(a), above, during a calendar month in which they discharge
no more than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes as specified in
40 CFR 261.30(d) and 261.33(e). Discharge of more than
fifteen (15) kilograms of non-acute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes
as specked in 40 CFR 261.30(d) and 261.33(e), requires a
one-time notification. Subsequent months during which the
User discharges more than such quantities of any hazardous
waste do not require additional notification.
c) In the case of any new regulations under section 3001 of
RCRA(42 U.S.C.§6921)identifying additional characteristics
of hazardous waste or listing any additional substance as a
hazardous waste, the User must notify the General Manager,
the EPA Regional Waste Management Waste Division
Director, and state hazardous waste authorities of the
discharge of such substance within ninety (90) days of the
effective date of such regulations.
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d) In the case of any notification made under this Section, the
User shall certify that it has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
e) This provision does not create a right to discharge any
substance not otherwise permitted to be discharged by this
Ordinance, a permit issued thereunder, or any applicable
federal or state law.
6. Reports of Changed Conditions
Each User must notify the General Manager's designee in writing at
least thirty (30) days prior to implementing any significant changes
to the User's operations, systems,or processes. Significant changes
include any modifications which may alter the nature, quality, or
volume of its Wastewater, or which may alter the facility's production
processes and/or treatment systems and methods.
a) The General Manager may require the User to submit such
information as may be deemed necessary to evaluate the
changed condition, including the submission of a Wastewater
discharge permit application under this Ordinance.
b) The General Manager may issue a Wastewater discharge
permit underthis Ordinance or modify an existing Wastewater
discharge permit under this ordinance in response to changed
conditions or anticipated changed conditions.
7. Reports of Potential Problems
a) In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a non-routine, episodic
nature, a non-customary batch discharge, a Slug Discharge
or Slug Load, that might cause potential problems for OCSD,
the User shall follow the notification procedures under
Notification of Spill or Slug Loading in Article 5. This
notification shall also include the location of the discharge,
type of Wastewater, concentration and volume, if known, and
corrective actions taken by the User.
b) Within five (5) days following such discharge, the User shall,
unless waived by the General Manager, submit a detailed
written report. This written notification shall include, but not be
limited to, the date of the incident, the reasons for the
discharge or spill, what steps were taken to immediately
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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 might be incurred as a
result of damage or loss to OCSD, natural resources, or any
other damage to person or property; nor shall such notification
relieve the User of any fees, fines, penalties, or other liability
which may be imposed pursuant to this Ordinance or other
applicable law.
d) A notice shall be permanently posted on the User's bulletin
board or other prominent place advising employees who to
call in the event of a discharge described in paragraph a,
above. Employers shall ensure that all employees, who could
cause such a discharge to occur, are advised of the
emergency notification procedure.
e) Significant Industrial Users are required to notify the General
Manager immediately of any changes at its facility affecting
the potential for a Slug Discharge.
8. Reports from Unpermitted Users
All Users not required to obtain a Wastewater discharge permit shall
provide appropriate reports to the General Manager as the General
Manager may require.
9. Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must
notify the General Manager 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 General Manager within thirty(30) days after becoming aware
of the violation. Resampling by the User is not required if OCSD
performs sampling at the Users facility at least once a month, or if
OCSD performs sampling at the Users facility 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 OCSD has
performed the sampling and analysis in lieu of the User.
10. Other reports as required by OCSD.
a) Monitoring reports of the analyses of Wastewater constituents
and characteristics shall be in a manner and form approved
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by OCSD and shall be submitted upon request of OCSD.
When applicable, the self-monitoring requirement and
frequency of reporting may be set forth in the User's permit as
directed by 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.
b) Failure by the User to perform any required monitoring, or to
submit monitoring reports required by OCSD constitutes a
violation of this Ordinance, may result in determining whether
the Permittee is in significant non-compliance, and be cause
for OCSD to initiate all necessary tasks and analyses to
determine the Wastewater constituents and characteristics for
compliance with any limits and requirements specified in the
User's permit or in this Ordinance. The User shall be
responsible for any and all expenses of OCSD in undertaking
such monitoring analyses and preparation of reports.
501.1 Inspection and Sampling Conditions
A. 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. OCSD shall have the right to place on the User's property or other locations
as determined by 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. OCSD may require the User to install and maintain sample points in areas
acceptable to OCSD outside the User's facility, within the reasonable
control of the User or OCSD. OCSD may also require lockable sample
boxes fully containing the sample points. The User shall grant OCSD
access to the sample points and sample boxes in accordance with this
Ordinance.
D. In order for 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 OCSD all notices, self-monitoring reports,
Waste-Tracking Forms, and records including, but not limited to, those
related to production, Wastewater generation, Wastewater disposal, and
those required in the Pretreatment Requirements without restriction but
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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.
E. 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 136 and amendments thereto, unless otherwise
specified in an applicable categorical Pretreatment Standard. If 40 CFR 136 does not
contain sampling or analytical techniques for the Pollutant in question, or where the EPA
determines that the 40 CFR 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
EPA-approved procedures or procedures approved by the General Manager.
501.3 Right of Entry
A. Persons or occupants of premises where Wastewater is created or
discharged shall allow 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
personnel attempting to inspect any facility involved directly or indirectly with
a discharge of Wastewater to OCSD's Sewerage System-
B. Where a User has security measures in place, the User shall make
necessary arrangements so that personnel from OCSD shall be permitted
to enter without delay for the purpose of performing their specific
responsibilities.
501.4 Notification of Spill or Slug Loading
A. In the event the Discharger is unable to comply with any permit condition
due to a breakdown of equipment, accidents, or human error, or the
Discharger has reasonable opportunity to know that a discharge will exceed
the discharge provisions of the User's permit, Sections 201(A) & (B) or
Table 1, Local Discharge Limits, the Discharger shall immediately notify
OCSD by telephone. If the Wastewater or 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 OCSD.
Also see Reports of Potential Problems in this Article.
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501.5 Bypass Prohibition: Notification of Bypass
A. Bypass of Industrial Wastewater to the Sewerage System is prohibited.
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 aftematives 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(A).
B. If a Permittee knows in advance of the need for a Bypass, it shall submit a
written request to allow the Bypass to OCSD, if possible, at least ten (10)
days before the date of the Bypass.
C. OCSD may approve an anticipated Bypass at its sole discretion after
considering its adverse effects, and OCSD determines that the conditions
listed in Section 501.5(A)(1-3) are met.
D. A Permittee shall provide telephone notification to 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 comply with the oral notice or written report may be
grounds for permit revocation.
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ARTICLE 6. ENFORCEMENT
601. PURPOSE AND SCOPE
A. The Board finds that in order for OCSD to comply with the laws, regulations,
and rules imposed upon it by Regulatory Agencies and to ensure that
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, speck enforcement provisions must be
adopted to govern the discharges to OCSD's Sewerage System by
Pennittees or by facilities required to obtain Zero Discharge Certifications.
Certain violations may result in civil or criminal penalties for violation of
Pretreatment Standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond
applicable federal deadlines.
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 OCSD is that:
1. Any determination relating to a Zero Discharge Certification,
Probation Order, Enforcement Compliance Schedule Agreement
(ECSA), or Regulatory Compliance Schedule Agreement (RCSA)
will be made by the Division Head of the OCSD Pretreatment
Program, with a right of appeal by the Pennittee to the General
Manager pursuant to the procedures set forth in Section 618.
2. Any permit suspension or revocation recommended by the Division
Head responsible for the OCSD Pretreatment Program will be heard
and a recommendation made to the General Manager by an OCSD
Department Head or other person designated by the General
Manager.
3. 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.
4. The Board of Directors may adopt rules of procedure to establish the
conduct of certain administrative proceedings-
C. OCSD,at its discretion, may utilize any one, combination,or all enforcement
remedies provided in this Article 6 in response to any penult or Ordinance
violation.
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602. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS
A. Sampling Procedures
1. Sampling of all Permittees' facilities, Wastewater and discharges
shall be conducted in the time, place, manner, and frequency
determined at the sole discretion of 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. All Wastewater samples must be representative of the User's
discharge. Any sample taken from a sample point is considered to
be representative of the discharge to the public sewer.
4. Wastewater monitoring and flow measurement facilities shall be
properly operated, kept clean, and maintained in good working order
at all times.The failure of a User to keep its monitoring facility in good
working order shall not be grounds for the User to claim that sample
results are unrepresentative of its discharge.
5. If a User subject to the reporting requirement in this section monitors
any regulated Pollutant at the appropriate sampling location more
frequently than required by the General Manager, using the
procedures prescribed in this Ordinance, the results of this
monitoring shall be included in the report.
603. ENFORCEMENT PROCEDURES AND APPLICABLE FEES
A. Self-Monitoring Requirements as a Result of Non-Compliance
1. If analysis of any sample obtained by OCSD or by a Pennittee shows
non-compliance with the applicable Wastewater discharge limits set
forth in this Ordinance or in the Permittee's discharge permit, OCSD
may impose self-monitoring requirements on the Permittee.
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2. A Permittee shall perform required self-monitoring of constituents in
a frequency, at the specific location, and in a manner directed by
OCSD.
3. All analyses of self-monitoring samples shall be performed by an
independent laboratory acceptable to OCSD and submitted to OCSD
in the form and frequency determined by OCSD.
4. All self-monitoring costs shall be borne by the Permittee.
5. Nothing in this section shall be deemed to limit the authority of OCSD
to impose self-monitoring as a permit condition.
B. Purpose of Non-Compliance Resampling Fees
The purpose of the noncompliance resampling fee is to compensate 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 616 and 617.
C. Non-Compliance Resampling Fees for Composite Samples
1. Each violation of a Permittee's permit limit or condition is a violation
of this Ordinance.
a) If analysis of any composite sample of a Permittee's discharge
obtained by 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 resampling fees to
OCSD pursuant to fee schedules adopted by OCSD's Board
of Directors.
b) If analysis of any composite sample of a Permittee's discharge
obtained by 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
OCSD shall impose non-compliance resampling fees
pursuant to fee schedules adopted by OCSD's Board of
Directors.
2. The fees specified in subsection 603.C.1.a), C.1.b) and D herein
shall be imposed for each date on which OCSD conducts sampling
as a result of a violation by a Permittee.
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D. Non-Compliance Resampling Fees for Grab Samples and Self-Monitoring
Results
1. If analysis of any grab sample of a Permittee's discharge shows non-
compliance with any concentration limits as set forth in the User's
permit or in this Ordinance, OCSD may impose noncompliance
resampling fees, pursuant to fee schedules adopted by the OCSD
Board of Directors, for resampling conducted by 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, OCSD may impose
non-compliance resampling fees, pursuant to fee schedules adopted
by the OCSD Board of Directors, for sampling conducted by OCSD
as a result of a violation by the Permittee.
603.1 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 OCSD
for User charges, noncompliance resampling 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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603.2 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
cert'fiication, 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
OCSD shall not enter into an ECSA until such time as all amounts owed to
OCSD, including User fees, noncompliance resampling 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 OCSD shall be grounds for permit
suspension or permit revocation as set forth in Section 605 and 606.
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 605 or 606
of this Ordinance.
604. 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,
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or in the event OCSD enacts revised or new discharge limits, the General
Manager, upon determination that an Industrial User would not be in
compliance with the adopted revised or new limits, may require the
industrial User to enter into a RCSA with 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. The General Manager may approve a
longer term, upon a showing of good cause.
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 Resampling Fee
During the period a RCSA is in effect, any discharge by Pernittee in
violation of the RCSA will require payment of non-compliance resampling
fees in accordance with this Article 6.
605. PERMIT SUSPENSION
A. Grounds
The General Manager may suspend any permit when it is determined that
a Permittee:
1. Fails to comply with the terms and conditions of either an ECSA or
RCSA.
2. Knowingly provides a false statement, representation, record, report,
or other document to OCSD.
3. Refuses to provide records, reports, plans, or other documents
required by 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.
5. Fails to report significant changes in operations or Wastewater
constituents and characteristics.
6. Violates a Probation Order.
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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 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 OCSD's Ordinances or regulations.
B. Notice
When the General Manager has reason to believe that grounds exist for
permit suspension, he/she shall give written notice thereof via personal
delivery, mail with proof of delivery, or a similar method to the permittee
setting forth a statement of the facts and grounds deemed to exist.
C. Suspension Effective Immediately
Any discharger notified of a permit suspension shall immediately cease and
desist all direct and indirect discharges to the OCSD's sewerage system.
In the event the discharger fails to voluntarily comply with the suspension
order, the General Manager may take such steps as are reasonably
necessary to prevent further discharges, including blocking or severing the
discharger's connection to the sewer system.
D. Suspension Hearing
Any discharger whose permit is suspended may file a written request for a
suspension hearing pursuant to this section. Such a request will not stay
the suspension.
In the event a hearing is requested, the General Manager or his/her
designee shall, within fourteen (14) days after receiving the request, hold a
hearing to determine whether the permit suspension should be confirmed
or terminated.
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 OCSD's General Counsel.
2. The General Manager or the General Manager's designee shall
render a decision on the suspension within seventy-two (72) hours
following the conclusion of the suspension hearing. In the event the
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General Manager or his/her designee fails to make a decision within
seventy-two (72) hours, the suspension shall be stayed pending the
decision.
3. The decision shall be made in writing and include a brief statement
of facts found to be true and a determination of the issues presented,
including a final decision and order regarding whether the
suspension is upheld or terminated.
4. The written decision and order of the General Manager or his/her
designee shall be sent via personal delivery, mail with proof of
delivery, or a similar method to the Permittee or its legal
counsel/representative at the Permittee's business address.
E. Effect of Suspension Order
1. Upon issuance, an order of permit suspension issued by the General
Manager shall be final in all respects.
2. The permittee shall immediately cease and desist its discharge of
any Wastewater, directly or indirectly to OCSD's Sewerage System
for the duration of the suspension. All costs for physically terminating
and reinstating service shall be paid by the Permittee.
3. Any owner and responsible management employee of the Permittee
shall be bound by the order of suspension.
F. Reinstatement or Revocation
1. The General Manager shall reinstate the suspended permit upon
proof of satisfactory compliance with all discharge requirements of
OCSD, including all additional permit requirements deemed
necessary by the General Manager or his or her designee to prevent
future violations by the permittee
2. The General Manager may, in his or her sole discretion, seek to
permanently revoke any suspended permit pursuant to the
procedures outlined in Section 606 of this Ordinance.
606. PERMIT REVOCATION
A. Grounds
The General Manager may revoke any permit when it is determined that a
Permittee:
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1. Knowingly provides a false statement, representation, record, report,
or other document to OCSD.
2. Refuses to provide records, reports, plans, or other documents
required by 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.
6. Discharges effluent to 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 OCSD for
User charges, non-compliance resampling fees, permit fees, or any
other fees imposed pursuant to this Ordinance.
9. Causes interference with OCSD's collection, treatment, or disposal
system.
10, Fails to submit oral notice or written report of a Bypass occurrence.
11. Violates any condition or limit of its discharge permit or any provision
of OCSD's Ordinances or regulations.
B. Notice/Hearing
When the General Manager has reason to believe that grounds exist for the
revocation of a permit, he/she shall give written notice via personal delivery,
mail with proof of delivery, or a similar method 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
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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 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 within thirty(30)
calendar days setting forth a brief statement of fads found to be true,
a determination of the issues presented, conclusions, and a
recommendation.
3. The General Manager shall make his/her determination and should
he/she find that grounds exist for permanent revocation of the permit,
he/she shall issue his/her decision and order in writing within twenty
(20) calendar days of receiving the written report. The written
decision and order of the General Manager shall be sent via personal
delivery, mail with proof of delivery, or a similar method to the
Permittee or its legal counsel/representative at the Permittee's
business address.
4. In the event the General Manager determines to not revoke the
permit, he/she may order other enforcement actions, including, but
not limited to, a temporary suspension of the permit, under terms and
conditions that he/she deems appropriate.
C. Effect
1. Upon issuance, an order of permit revocation issued by the General
Manager shall be final in all respects.
2. The Permittee shall immediately cease and desist its discharge of
any Wastewater directly or indirectly to OCSD's Sewerage System.
All costs for physical termination shall be paid by the Permittee.
3. Any owner or Authorized Representative of the Permittee shall be
bound by the order of revocation.
4. Any future application for a permit at any location within OCSD by
any Person subject to an order of revocation will be considered by
OCSD after fully reviewing the records of the revoked permit, which
records may be the basis for denial of a new permit.
607. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
A Wastehauler's non-compliance with permit requirements shall be determined by an
analysis of a sample of the discharge for any constituent or conditions specified in the
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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 specked in the
Wastehauler's discharge permit or in this Ordinance, the Wastehauler shall, after
receiving a demand from OCSD, identify in writing, all sources of the discharge.
OCSD reserves the right to sample and inspect any Wastehauler that delivers
Wastewater to any facility which is tributary to OCSD's Sewerage Facilities.
Even if it is established to the satisfaction of the General Manager that the origin of the
discharge is domestic septage, or septic Waste, OCSD may still elect not to accept
Wastewater from that particular source.
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 processing or sampling
fee pursuant to fee schedules adopted by the OCSD Board of
Directors.
2. The Wastehauler permit for disposal privileges shall be suspended
for five (5) days.
B. Second Violation
1. The Permittee shall pay a noncompliance processing or sampling
fee pursuant to fee schedules adopted by the OCSD Board of
Directors.
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.
608. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. Any User who discharges any Wastewater which causes or contributes to
any obstruction, interference, damage, or any other impairment to OCSD's
Sewerage Facilities or to the operation of those facilities shall be liable for
all costs required to clean or repair the facilities together with expenses
incurred by 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
OCSD for miscellaneous overhead, including administrative personnel and
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record keeping. The total amount shall be payable within forty-five (45)
days of invoicing by OCSD.
B. Any User who discharges a Wastewater which causes or contributes to
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 OCSD,
including regulatory fines, penalties, and assessments made by other
agencies or a court.
609. INDUSTRIAL WASTEWATER PASS THROUGH
Any User whose discharge results in a Pass Through event affecting 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 OCSD plans to prevent future recurrences to the satisfaction
Of OCSD.
610. 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, OCSD may require that the User notify the public and/or other Users of
the OCSD's Sewerage Facilities of such violation, of actions taken to correct such
violation, and of any administrative or judicial orders or penalties imposed as a result of
such violation.
611. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE
In accordance with Federal Regulations, including 40 CFR 25 and 40 CFR 403.8(f),
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 a newspaper(s) of general circulation that provides
meaningful public notice within the jurisdiction(s) served by OCSD.
612. PUBLIC NUISANCE
Discharge of Wastewater in any manner in violation of this Ordinance or of any order
issued by the General Manager, as authorized by this Ordinance, is hereby declared a
public nuisance and shall be corrected or abated as directed by the General Manager.
Any Person creating a public nuisance is guilty of a misdemeanor.
613. TERMINATION OF SERVICE
A. OCSD, by order of the General Manager, may physically terminate
sewerage service to any property as follows:
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1. On a tens 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 OCSD's
Sewerage Facilities; or
3. Upon the failure of a facility not holding a valid discharge permit or
certification.
B. All costs for physical termination shall be paid by the User as well as all
costs for reinstating service.
614. EMERGENCY SUSPENSION ORDER
A. 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's Sewerage Facilities,or may cause
OCSD to violate any state or federal law or regulation. Any Discharger
noted 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 via personal delivery, mail with proof
of delivery, or a similar method 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 in all respects.
615. INJUNCTION
Whenever a Discharger of Wastewater is in violation of or has the reasonable potential
to violate any provision of this Ordinance, permit condition, or any Federal Categorical
Pretreatment Standards or Pretreatment Requirements as set forth in 40 CFR Section
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403.8, at seq., fails to submit required reports, or refuses to allow OCSD entry to inspect
or monitor the User's discharge, 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.
616. CIVIL PENALTIES
A. Authority
All Users of OCSD's Sewerage System and facilities are subject to
enforcement actions administratively orjudicially by 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.
Section 1251, at seq.); (2) California Porter-Cologne Water Quality Control
Act (California Water Code Section 13000, at seq.); (3) California
Hazardous Waste Control Law (California Health & Safety Code Sections
25100, at seq.); (4) Resource Conservation and Recovery Act of 1976 (42
U.S.C. Section 6901, at seq.); and (5) California Government Code=
Sections 54739-54740.
B. Recovery of Fines or Penalties
In the event OCSD is subject to the payment of fines or penalties pursuant
to the legal authority and actions of other Regulatory Agencies 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 OCSD's Sewerage System which is in violation of
any provision of this Ordinance or the User's 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 OCSD has been
subjected.
C. Ordinance
Pursuant to the authority of California Government Code Sections 54739 -
54740.6, 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 OCSD, upon order of the General Manager, shall
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petition the Superior Court to impose, assess, and recover such penalties,
or such other penalties as OCSD may impose, assess, and recover
pursuant to federal and/or state legislative authorization.
D. Administrative Civil Penalties
1. Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, 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
certification requirement; or
c) any suspension or revocation order.
2. The administrative complaint shall be served via personal delivery,
mail with proof of delivery, or a similar method on the Person and
shall inform the Person that a hearing will be conducted, and shall
specify a hearing date within sixty (60) days. The administrative
complaint will allege the act or failure to act that constitutes the
violation of 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's 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 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 within thirty(30)
calendar days setting forth a brief statement of the facts found to be
true, a determination of the issues presented, conclusions, and a
recommendation.
5. The General Manager shall make his/her determination and should
he/she find that grounds exist for assessment of a civil penalty
against the Person, he/she shall issue his/her decision and order in
writing within twenty (20) calendar days of receiving the written
report.
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6. If, after the hearing or appeal, if any, it is found that the Person has
violated reporting or discharge requirements, the General Manager
may assess a civil penalty against that Person. In determining the
amount of the civil penalty, the General Manager may take into
consideration all relevant circumstances, including but not limited to
the extent of harm caused by the violation, the economic benefit
derived through any non-compliance, the nature and persistence of
the violation, the length of time over which the violation occurs, and
corrective action, if any, attempted or taken by the Person involved.
7. Civil penalties may be assessed as follows:
a) In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to furnish
technical, monitoring reports, or any other required
documents;
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 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 Wastewater discharge limit, permit condition, or
requirement issued, reissued, or adopted by 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 OCSD;
8. Any Person aggrieved by an order issued by the General Manager
assessing administrative civil penalties may, within fifteen (15) days
after the General Manager issues the order, file an appeal with the
Governing Board. The evidence on appeal shall consist solely of
the General Manager's order and the administrative record before
the hearing officer. The Governing Board shall determine whether
to uphold, modify, or reverse the General Manager's order. The
decision of the Governing Board shall be set forth in writing and be
sent by certified mail to the appellant. The decision of the Governing
Board shall be final in all respects. If no appeal of the General
Managers decision is filed within fifteen (15)days of its issuance, the
General Managers order becomes final in all respects.
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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 decision issued by the Governing
Board, may obtain review in the superior court, pursuant to
Government Code Section 54740.6, by filing in the court a petition
for writ of mandate within thirty (30) days following the service of a
copy of the Governing Board decision.
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.
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
616.D for any violation for which OCSD has recovered civil penalties
through a judicial proceeding filed pursuant to Government Code
Section 54740.
617. CRIMINAL PENALTIES
Any Person who violates any provision of this Ordinance is guilty of a misdemeanor,which
upon conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not
more than thirty (30) days, or both. Each violation 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.
618. APPEALS TO GENERAL MANAGER
A. General
Any User, permit applicant, or Pennittee 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 OCSD within fifteen (15) days of mailing of notice of the
decision, action, or determination of OCSD to the appellant. The request
for hearing shall set forth in detail all facts supporting the appellant's
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request. Filing of an appeal shall stay the proceedings and furtherance of
the action being appealed
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 via personal delivery, mail with proof of
delivery, or a similar method. The hearing date shall not be more than thirty
(30) days from the delivery date of such notice to the appellant unless a
later date is agreed to by the appellant. If the hearing is not held within said
time due to actions or inactions of the appellant, then the staff decision shall
be deemed final.
C. Hearing
At the hearing, the appellant shall have the opportunity to present
information supporting its position concerning the Division Head's decision,
action or determination. The hearing shall be conducted in accordance with
procedures established by the General Manager and approved by 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.
The General Manager shall make his/her determination and shall issue
his/her decision and order within thirty (30) calendar days of receiving the
written report by the Department Head (or other designee). Upon issuance,
the order of the General Manager shall be final in all respects. The written
decision and order of the General Manager shall be sent via personal
delivery, mail with proof of delivery, or a similar method to the appellant or
its legal counsel/representative at the appellant's business address.
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.
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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 suspension of the permit.
D. Penalties charged under this Section shall not accrue to those invoices
successfully appealed.
E. Payment of disputed charges is still required by the due date during OCSD
review of any appeal submitted by Pernittees.
620. COLLECTION OF DELINQUENT ACCOUNTS
Collection of delinquent accounts shall be in accordance with OCSD's policy resolution
establishing procedures for collection of delinquent obligations owed to 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.
621. APPEAL OF CHARGES AND FEES
Except for non-compliance charges and penalties, any User, permit applicant, or
Permittee affected by any decision, action, or determination by OCSD, relating to fiscal
issues of OCSD in which the User, applicant, or Permittee is located, including but not
limited to the imposition and collection of fees, such as capital facility capacity charges,
sewer use charges, special purpose discharge use charges and Wastehauler fees, may
request that OCSD reconsider imposition of such fees or charges. Following review of
such a request, OCSD shall notify the User, permit applicant, or Permittee via personal
delivery mail with proof of delivery, or a similar method of OCSD's decision on the
reconsideration request. Any User, permit applicant, or Permittee adversely affected by
OCSD's decision on the reconsideration request may file an appeal which shall be heard
by the Board of Directors. The notice of appeal must be received by OCSD within thirty
(30)days of the mailing of OCSD's decision on the reconsideration request.
622. RECOVERY OF COSTS INCURRED BY OCSD
In the event any User, permit applicant, or permittee fails to comply with any of the terms
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and conditions of this Ordinance, a probationary order, an order of permit suspension or
revocation, an ECSA, a RCSA, a certification, or a permit issued hereunder, 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.
623. FINANCIAL SECURITY/AMENDMENTS TO PERMIT
A. Compliance Deposit
Permittees that have been subject to enforcement and/or collection
proceedings may be required to deposit with 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
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 OCSD,
including reconciliation amounts, delinquency penalties, and other costs or
fees incurred by Permittee.
C. Bankruptcy
Every Permittee filing any legal action in any court of competent jurisdiction,
including the United States Bankruptcy Court, for purposes of discharging
its financial debts or obligations or seeking court ordered, protection from
its creditors, shall, within ten (10) days of filing such action, apply for and
obtain the issuance of an amendment to its permit.
D. PermitAmendments
OCSD shall review and examine Perrmittee's account to determine whether
previously incurred fees and charges have been paid in accordance with
time requirements prescribed by this Ordinance. OCSD may thereafter
issue an amendment to the User's permit in accordance with the provisions
of Article 3 and subsection E below.
E. Security
An amendment to a Wastewater discharge permit issued pursuant to
subdivisions(B), (C)and (D)above, 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
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by 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
subdivisions (B), (C) and (D), OCSD shall either return the security deposit
posted by the Permittee or credit their account.
624. JUDICIAL REVIEW
A. Purpose and Effect
Pursuant to Section 1094.6 of the California Code of Civil Procedure, 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.
2. Comolete 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 OCSD or
its offices or agents, all written evidence, and any other papers in the
case.
3. Party shall mean a Person whose permit has been denied,
suspended, or revoked.
C. Time Limit for Judicial Review
Judicial review of any decision of 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
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reconsideration in the procedures governing the proceedings or if the date
is not otherwise specified, the decision is final on the date it is made. If
there is provision for reconsideration, the decision is final upon the
expiration of the period during which such reconsideration can be sought,
provided that if reconsideration is sought pursuant to such provision the
decision is final for the purposes of this Section on the date that
reconsideration is rejected.
D. Preparation of the Record
The complete record of the proceedings shall be prepared by the OCSD
officer or agent who made the decision and shall be delivered to the
petitioner within ninety (90) days after he/she has filed written request
therefor. 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 personalty delivered or mailed to the petitioner or the
petitioner's attorney of record.
F. Notice
In making a final decision, 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.
G. Administrative Civil Penalties
Notwithstanding the provisions in this Section, and pursuant to Government
Code Section 54740.6, judicial review of an order of the General Manager
imposing administrative civil penalties pursuant to Section 616.1) 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 General Manager
becomes final.
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ARTICLE 7. SEWER SERVICE CHARGES—CAPITAL FACILITY CAPACITY
CHARGES
701. SANITARY SEWER SERVICE CHARGE
Every parcel of real property located within OCSD which is improved with structures
designed for residential, commercial, or industrial use, and connected to the OCSD's
Sewerage System, shall pay a sanitary sewer service charge in an amount adopted by
the Board of Directors by separate Ordinance.
702. CAPITAL FACILITIES CAPACITY CHARGE
Every parcel of real property located within OCSD which is improved with structures
designed for residential, commercial, or industrial use, and connected to the OCSD's
Sewerage System, shall pay a capital facilities capacity charge in an amount adopted by
the Board of Directors by separate Ordinance.
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ARTICLE 8. SEVERABILITY
801. SEVERABILITY
If any provision of these Regulations or the application to any 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 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 I: This Ordinance is enacted in order to preserve the public health and
safety, and in order to continue the provision of sewer services by
OCSD. The facts requiring the public health and safety to be
preserved are that the regulation of the discharge of industrial and
sanitary Sewage is regulated by federal and state law,and protection
of individuals' health and the environment require that no discharges
of untreated Sewage/Wastewater are allowed to occur that are not
in accord with technical specifications and requirements.
Section II: Effective Date. This Ordinance shall take effect July 1, 2019.
Section III: Repeal. Ordinance No. OCSD-48 is hereby repealed.
Section IV: 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 the Board of Directors of the Orange County Sanitation
District at a Regular Meeting held the 22nd day of May, 2019.
David Joh awver
Chair, Boakd of Directors
Orange County Sanitation District
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ATTEST:
e ly A. ore, MMC
CI rk o he Board
Orange County Sanitation District
Bradl4gy R. Hb6in
General Counsel
OCSD-53-96
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STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation
District, do hereby certify that the above and foregoing Ordinance No. OCSD-48 was
introduced for first reading at a regular meeting of said Board on the 24th day of April
2019, and passed and adopted at a regular meeting of said Board on the 22nd day of
May 2019, by the following vote, to wit:
AYES: Avery; Beamish (Alternate); Bernstein; Chaffee; Collacott;
Harper (Alternate); Hawkins; Iglesias; Kim; Kring;
Massa-Lavitt; R. Murphy; Nguyen; Nichols (Alternate); O'Neill
(Alternate); Ooten (Alternate); Parker; Peterson; Shawver;
Shea; Silva; F. Smith; Wanke; Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 22nd day of May, 2019.
Kel A. L. R, MAC
Cle oft Board
Orange County Sanitation District
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