HomeMy WebLinkAbout99.04-SAWPA Remedial Plan Final Report Appendices Vol III.pdf Santa Ana Watershed
Project Authority
(SAWPA) Remedial Plan
Appendices : Volume III
March 19 , 2014
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Prepared by:
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708
Table of Contents
Volume III - Updated and/or New SAWPA Pretreatment Program Control Documents
O. SAWPA Ordinance No. 7
P. Inland Empire Brine Line Multijurisdictional Pretreatment Agreement
Q. SAWPA Pretreatment Program Policies
R. SAWPA Pretreatment Program Enforcement Response Plan
S. SAWPA Pretreatment Program Procedures
:e This PDF compendium contains SAWPA's pretretment program governance documents
relative to its legal authority, pretreatment program responsibilities and understandings
between SAWPA and its member agencies, and SAWPA's pretreatment program Policies
and Procedures (including an enforcement response plan).
ATTACHMENT A—SAWPA Remedial Plan LNe Cycle
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Figure 1
Santa Ana Watershed Project Authority
ORDINANCE NO. 7
An Ordinance Establishing Regulations for the Use of the
Inland Empire Brine Line
formerly Santa Ana Regional Interceptor (SARI)
(Superseding Ordinance No. 6)
FrSAWPA
October 15, 2013
I ORDINANCE NO. 7
2
3 AN ORDINANCE OF THE SANTA ANA WATERSHED PROJECT AUTHORITY
4 ESTABLISHING REGULATIONS FOR THE USE OF THE
5 INLAND EMPIRE BRINE LINE
6 FORMERLY KNOWN AS
7 SANTA ANA REGIONAL INTERCEPTOR
8
9 BE IT ORDAINED BY THE COMMISSION OF THE
10 SANTA ANA WATERSHED PROJECT AUTHORITY
11 AS FOLLOWS:
12
13
14 PREAMBLE
15
16
17 ARTICLE 1
18 GENERAL PROVISIONS
19
20 101.0 Purpose and Policy
21 102.0 Authorization
22 103.0 Definitions
23 104.0 Administration
24 105.0 Notice
25 106.0 Confidentiality
26 107.0 Time Limits
27
28
29
30 ARTICLE 2
31 GENERAL PROHIBITIONS AND
32 LIMITATIONS ON DISCHARGES
33
34 201.0 Prohibited Waste Discharges
35 202.0 Dilution Prohibited as a Substitute for Treatment
36 203.0 Limitations on Groundwater, Surface Runoff, and Subsurface
37 Drainage
38 204.0 Limitations on Unpolluted Water
39 205.0 Limitations on Domestic Wastewater and Septage Waste
40 206.0 Limitations on Point of Discharge
41 207.0 Limitations on the Use of Grinders
42 208.0 Limitations on Biochemical Oxygen Demand(HOD)
43 209.0 Limitations on Infectious Waste Disposal
44 210.0 Limitations on Disposal of Waste Solutions and Sludges
45 211.0 Slug Discharges
46
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1
2 ARTICLE 3
3 WASTEWATER DISCHARGE CONTRACTS
4 USER CHARGES AND FEES
5
6 301.0 Introduction
7 302.0 Wastewater Discharge Contract Between SAWPA and a Member
8 Agency or Contract Agency
9 303.0 Wastewater Discharge Contracts Between a Member Agency and a
10 User of the Brine Line or Tributaries Thereto
11 304.0 User Charges and Fees
12
13
14
15 ARTICLE 4
16 WASTEWATER DISCHARGE PERMITS
17
18 401.0 Introduction
19 402.0 Wastewater Discharge Permits
20 403.0 Permit Duration
21 404.0 Duty to Comply
22 405.0 Permit Renewal,Extension and Fees
23 406.0 Permit Modifications
24 407.0 Permit Transfer or Assignment
25 408.0 Wastewater Discharge Capacity Contract Rights
26 409.0 Operational Emergency Discharge
27 410.0 Liquid Waste Hauler Permits
28 411.0 Collection Stations
29 412.0 Groundwater, Surface Runoff, and Subsurface Drainage
30 413.0 Wastewater from Outside the SAWPA Brine Line Service Area
31
32
33
34 ARTICLE 5
35 MONITORING,REPORTING,INSPECTION,
36 AND FACILITY REQUIREMENTS
37
38 501.0 Monitoring and Reporting
39 502.0 Inspection
40 503.0 Inspection Warrants
41 504.0 Record Keeping
42 505.0 Flow Measurement
43 506.0 Interceptor Requirements
44 507.0 Standard Interceptor Designs
45 508.0 Interceptor Maintenance
46 509.0 Liquid Waste Haulers
-2-
1 510.0 Use of and Damage to SAWPA Equipment or Facilities
2 511.0 Separation of Domestic and Industrial Waste
3 512.0 Limitations on Wastewater Strength
4 513.0 Local Limits
5 514.0 Pretreatment of Industrial Wastewaters
6 515.0 Unauthorized Monitoring and Pretreatment Equipment
7 Modifications
8 516.0 Pretreatment Equipment Bypass
9 517.0 Prohibited Discharge of Recovered Pretreatment Waste
10 518.0 Industrial User Modifications
11 519.0 Spill Containment Systems
12 520.0 Facility Waste Management Plan
13 521.0 Federal Categorical Pretreatment Standards
14 522.0 Notice of Potential Problems to POTW
15 523.0 Written Responses
16 524.0 Falsifying Information
17
18
19 ARTICLE 6
20 ENFORCEMENT
21
22 600.0 Purpose and Scope
23 601.0 Enforcement Response Plan (ERP)
24 602.0 Administrative Violations
25 603.0 Violations of Discharge Limitations
26 604.0 Unclassified Violations
27 605.0 Separate Violations
28 606.0 Administrative Orders
29 607.0 Wastewater Discharge Permit Revocation
30 608.0 Termination of Service
31 609.0 Annual Publication Notice
32 610.0 Administrative Complaint
33 611.0 Emergency Suspension
34 612.0 Civil Liability for Violations
35 613.0 Criminal Penalties
36 614.0 Legal Action
37 615.0 Supplemental Enforcement Actions
38 616.0 Remedies Nonexclusive
39 617.0 Payment of Fees, Charges, and Penalties
40 618.0 Damage to Facilities or Interruption of Normal Operations
41 619.0 Appeals
42 620.0 Alternative Enforcement Procedures
43 621.0 Invalidity
44 622.0 Interpretation-Intent
45
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1 ARTICLE 7
2 SEVERABILITY
3
4 700.0 Severability
5 701.0 Effective Date
6 702.0 Judicial Review of Ordinance
7
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1 I. PREAMBLE
2
3 The Santa Ana Watershed Planning Agency was formed in 1968 to develop a long-range plan
4 for managing,preserving,and protecting the quality of the water supplies in the Santa Ana River
5 Basin. After development of the long-range plans,the Santa Ana Watershed Project Authority
6 (SAWPA) was formed to implement the Planning Agency's recommendations. SAWPA's
7 programs include the planning,financing,construction and operation of projects that relate to
8 the water quality and quantity in the Santa Ana River Basin.
9
10 Various federal, state and local regulatory agencies have established goals and standards to
11 assure that the highest quality water is made available to the people in the Santa Ana River
12 Basin. In order to enhance and improve the quality of water in the Santa Ana River Basin and to
13 ensure compliance with goals and standards set by the regulatory agencies, SAWPA has
14 implemented many projects to remove contaminates,mainly high saline waters,from the water
15 supplies. One of the main facilities constructed for this purpose is the Inland Empire Brine Line
16 (Brine Line) formerly(mown as the Santa Ana Regional Interceptor(SARI) sewer. This line
17 transports highly saline wastewater from the watershed to the Orange County Sanitation District
18 (OCSD) for treatment and disposal to the Pacific Ocean. This isolation of saline wastewater
19 prevents contamination of the Santa Ana River from the commingling of these wastewaters with
20 the river water. The use of the Brine Line enables the delivery of higher quality potable water to
21 the Users of the Santa Ana River Basin waters,particularly in the lower elevations of the basin
22 in the Orange County area.
23
24 SAWPA recognized the need to control the quality of waters in the basin as well as wastewaters
25 discharged to the Brine Line and adopted Ordinance No. 1 in May 1982. The purpose of the
26 ordinance was to establish the maximum benefit from the use of the Brine Line by providing
27 procedures to ensure compliance with the requirements placed upon SAWPA by regulatory
28 agencies and SAWPA's contractual agreements with OCSD.
29
30 Upon the effective date of this Ordinance No. 7,Ordinance No. 6,including any amendments
31 thereto, shall be repealed and superseded by this Ordinance.
32
33
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1 ARTICLE I
2 GENERAL PROVISIONS
3
4 101.0 PURPOSE AND POLICY.
5
6 The purpose of this Ordinance is to provide for the maximum benefit from the use of the Santa
7 Ana Watershed Project Authority's (SAWPA) facilities. This shall be accomplished by
8 regulating the use of the Inland Empire Brine Line(Brine Line)formerly known as Santa Ana
9 Regional Interceptor(SARI)sewer system and tributaries thereto and the wastewater discharged
10 to this sewer system, by providing for the distribution of the costs of the construction,
11 administration,operation and maintenance of the system,and by providing procedures that will
12 allow SAWPA to comply with all regulatory requirements imposed upon SAWPA by contract
13 requirements and by federal, state, and local agencies.
14
15 SAWPA recognizes Orange County Sanitation District's (OCSD's) authority and
16 responsibilities as defined by Federal Pretreatment Regulations (40 CFR 403) including their
17 role as the Control Authority. As such, SAWPA is committed to providing Pretreatment
18 Program services in accordance with Federal Pretreatment Program Requirements, this
19 Ordinance,the 1991 MOU and 1996 Agreement. SAWPA will fiuther ensure consistency in the
20 implementation of the pretreatment requirements to conform, as appropriate, to the Program
21 adopted by the Control Authority.
22
23 In order to conform to limitations and requirements from regulatory agencies, SAWPA must
24 regulate the discharge of wastewater into the Brine Line. This Ordinance shall apply to all
25 Direct or Indirect Users that discharge wastewater tributary to the Brine Line.
26
27 A. This Ordinance shall provide for the regulation ofwastewater discharges into the
28 Brine Line in accordance with the Federal Government's objectives of general pretreatment
29 regulations as stated in Section 403.2 of Title 40 of the Code of Federal Regulations (CFR)
30 which are for the following purposes:
31
32 1. To prevent the introduction of pollutants into the Brine Line that will interfere
33 with the operation of the Orange County Sanitation District's(OCSD)Publicly Owned
34 Treatment Works(POTW),including interference with its use or disposal of municipal
35 biosolids;
36
37 2. To prevent the introduction of pollutants into OCSD's POTW which will Pass
38 Through the treatment works,inadequately treated,to the receiving waters or otherwise
39 be incompatible with such works;
40
41 3. To improve opportunities to recycle and reclaim municipal and industrial
42 wastewaters and biosolids;
43
44 4. To enable SAWPA to comply with requirements from the Federal
45 Environmental Protection Agency and OCSD and any other federal or state laws to
46 which SAWPA and/or OCSD's POTW is subjected;
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1 5. To enable SAWPA to control the privileges to any use of the Brine Line and
2 tributaries thereto;
3
4 6. To protect and preserve the health and safety of the citizens and personnel of
5 SAWPA,OCSD, and contracted agencies; and
6
7 7. To prevent the introduction of pollutants that obstruct flows within the Brine
8 Line or otherwise cause or contribute to sanitary sewer overflows and to comply with the
9 provisions of State Water Resources Control Board(SWRCB)adopted Order No.2006-
10 0003,a General Waste Discharge Requirement(WDR)for all publicly owned sanitary
11 sewer collection systems in California with more than one(1)mile of sewer pipe.
12
13 B. This Ordinance shall apply to all Direct or Indirect Users of the Brine Line and
14 tributaries thereto. This Ordinance authorizes:
15
16 1. The issuance of waste discharge permits;
17
18 2. Monitoring,compliance, and enforcement activities;
19
20 3. Brine Line contribution plan check services;
21
22 4. User reporting requirements;
23
24 5. The establishment of fees; and
25
26 6. The equitable distribution of costs resulting from the program established herein.
27
28 C. This Ordinance shall be administered by the General Manager of SAWPA,under
29 the control and direction of the SAWPA Commission.
30
31 D. This Ordinance implements the provisions of the 1991 Memorandum of
32 Understanding between OCSD and SAWPA "Governing Quality Control of Wastewaters
33 Discharged" (1991 MOU) to the Brine Line and the 1996 Agreement between OCSD and
34 SAWPA"Wastewater Treatment and Disposal Agreement"(1996 Agreement).This Ordinance
35 is intended to be at least as protective of OCSD's facilities as OCSD's Wastewater Discharge
36 Regulations, Ordinance No. 39, or its successors. SAWPA issued Wastewater Discharge
37 Permits shall require compliance with both this Ordinance and OCSD's Ordinance No.39,and
38 should require that in the event of any substantive conflict between the ordinances the stricter
39 provisions shall apply.
40
41 102.0 AUTHORIZATION. This Ordinance is enacted pursuant to the authorization of the
42 Municipal Water District Law of 1911,California Water Code Section 71000 et seq.,California
43 Government Code Section 6500 et seq.,the Clean Water Act(33 U.S.C. 1251 et seq.)and the
44 General Pretreatment Regulations (40 C.F.R. 403).
45
46
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1 103.0 DEFINITIONS.Unless otherwise defined herein,terms pertaining to water quality shall
2 be as adopted in the latest edition of Standard Methods for the Examination of Water and
3 Wastewater published by the American Public Health Association,the American Water Works
4 Association, and the Water Environment Federation. Unless otherwise defined herein,terns
5 pertaining to construction and building shall be defined as being the same as set forth in the
6 International Conference of Building Officials Uniform Building Code,current edition.Unless
7 the context specifically indicates otherwise or as previously indicated,the meaning ofthe terms
8 used in this Ordinance shall be as follows:
9
10 A. Analytical Methods shall mean the sample analysis techniques prescribed in 40
11 CFR Part 136 and amendments thereto unless otherwise specified in an applicable categorical
12 Pretreatment Standard.If 40 CFR Part 136 does not contain sampling or analytical techniques
13 for the pollutant in question,or where the EPA determines that Part 136 sampling and analytical
14 techniques are inappropriate for the pollutant in question, sampling and analysis shall be
15 performed using validated analytical methods or any other applicable sampling and analytical
16 procedures approved by SAWPA,including procedures suggested by SAWPA or other parties
17 as approved by the EPA.
18
19 B. Authorized Representative shall mean:
20
21 a. A responsible corporate official, if the User submitting the required
22 documents is a corporation, of the level of president, secretary, treasurer, or vice
23 president in charge of a principal business function, or any other Person who
24 performs similar policy or decision making functions for the corporation; or the
25 manager of one or more manufacturing,production,or operating facilities,provided
26 the manager is authorized to make management decisions that govern the operation
27 of the regulated facility including having the explicit or implicit duty of making
28 major capital investment recommendations, and initiating and directing other
29 comprehensive measures to assure long-term environmental compliance with
30 environmental laws and regulations, and ensuring that the necessary systems are
31 established or actions taken to gather complete and accurate information for
32 Wastewater Discharge Permit requirements;and where authorityto sign documents
33 has been assigned or delegated to the manager in accordance with corporate
34 procedures; or
35
36 b. A general partner or proprietor if the User submitting the required documents
37 is a partnership or sole proprietorship respectively; or
38
39 c. A director or highest official appointed or designated to oversee the
40 operation and performance of the activities of the facility, or their designee, if the
41 User is a Federal, State, or local governmental facility.
42
43 d. A duly authorized representative of the individual designated in subsection
44 (a) and(b), if;
45
46 1. The authorization is made in writing by the individual designated in
-8-
1 subsection(a), (b)and (c); and
2
3 2. The authorization specifies either an individual or a position having
4 responsibility for the overall operation of the facility from which the industrial
5 discharge originates, such as the position of plant manager, or a position of
6 equivalent responsibility, or having overall responsibility for environmental
7 matters for the company; and
8
9 3. The written authorization is submitted to the General Manager of
10 SAWPA.
11
12 e. If an authorization under paragraph (a) and (b) of this section is no longer
13 accurate because a different individual or position has responsibility for the overall
14 operation of the facility,or overall responsibility for environmental matters for the
15 company,a new authorization satisfying the requirements ofpamgraph(a)and(b)of
16 this section must be submitted to the General Manager prior to or together with any
17 reports to be signed by an authorized representative.
18
19 C. Batch Discharge shall mean any SAWPA approved intermittent discharge of
20 pollutants from sources such as,but not limited to,process tanks,holding tanks,rinse tanks,or
21 treatment systems.
22
23 D. Best Management Practices (BMPs) shall mean schedules of activities,
24 prohibitions of practices, maintenance procedures, and other management practices to
25 implement the prohibitions listed in 40 CFR 403.5(a)(1)and(b). BMPs also include treatment
26 requirements,operating procedures and practices to control plant site run-off,spillage or leaks,
27 sludge or waste disposal, or drainage from raw material storage.
28
29 E. Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen,
30 expressed in mgll. required to biologically oxidize material in a waste or wastewater sample
31 measured under approved laboratory methods of five(5)days at twenty degrees Celsius(20 Q.
32
33 F. Bypass shall mean the intentional diversion of wastestreams from anypoint of a
34 User's pretreatment facility.
35
36 G. Business Day shall mean a SAWPA scheduled business day.
37
38 H. Capacity Unit shall equal 10,000 gallons per day of discharge right.
39
40 I. Categorical Industrial User shall mean an Industrial User subject to a
41 categorical Pretreatment Standard or categorical Standard which is a regulation containing
42 pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b)and(c)
43 of the Clean Water Act (33 U.S.C.4317) that apply to a specific category of users and that
44 appear in 40 CFR Chapter I, Subchapter N,Parts 405-471.
45
_g_
I J. Chemical Oxygen Demand (COD) shall mean the quantity of oxygen,
2 expressed in mg1l, required to chemically oxidize material in a waste or wastewater sample,
3 under specific conditions of an oxidizing agent, temperature, and time. COD results are not
4 necessarily related to BOD results.
5
6 K. City Collection System Not used.
7
8 L. Class I User Not used.
9
10 M. Class II User Not used.
11
12 N. Class III User Not Used.
13
14 O. Class IV User Not used.
15
16 P. Class V User Not used.
17
18 Q. Code of Federal Regulations(CFR)shall mean the codification of the general
19 and permanent rules published in the Federal Register by the executive departments and
20 agencies of the Federal Government.
21
22 R. Collection Stations shall mean brine wastewater disposal stations operated by
23 the SAWPA Member Agencies or Contract Agencies for disposal of trucked waste.
24
25 S. Collection System shall mean all wastewater conveyance systems owned and
26 maintained by SAWPA or a Member Agency or a Contract Agency for purposes of conveying
27 wastewater to OCSD's POTW for treatment and excludes sewer service lateral connections.
28
29 T. Combined Wastestream Formula shall mean the formula, as outlined in the
30 General Pretreatment Regulations of the Clean Water Act, 40 CFR 403.6(e), for determining
31 wastewater discharge limitations for Categorical Industrial Users and Significant Industrial
32 Users whose effluent is a mixture of regulated,unregulated,and dilution wastewater as defined
33 in the formula.
34
35 U. Commission shall mean the governing body of SAWPA as defined by the Joint
36 Exercise of Powers Agreement establishing SAWPA.
37
38 V. Compliance Schedule shall mean a time schedule enforceable under this
39 Ordinance containing increments of progress called milestones,which are in the form of dates.
40 These milestones shall be for the commencement and/or completion of major events leading to
41 the construction and operation of additional pretreatment facilities or the implementation of
42 policies,procedures or operational management techniques required for the User to complywith
43 all applicable federal,state or local environmental regulations which may directly or indirectly
44 affect the quality of the User's wastewater effluent.
45
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I W. Composite Sample shall mean a series of grab samples of equal volume taken at
2 a predetermined time or flow rate for a predetermined period of time which are combined into
3 one sample.
4
5 X. Contract Agency shall mean either, Jumpa Community Services District, or
6 Yucaipa Valley Water District, or San Bernardino Municipal Water Department, or any other
7 public agency that subsequently enters into a multijurisdictional pretreatment agreement with
8 SAWPA defining the roles and responsibilities to conduct the Pretreatment Program orportions
9 of the Pretreatment Program within their jurisdictions.
10
11 Y. Control Authority as defined by 40 CFR 403.3(f)is the POTW if the POTW's
12 submission for its Pretreatment Program(40 CFR 403.3)has been approved in accordance with
13 requirements for 40 CFR 403.11. All references in this Ordinance to Control Authority are
14 referring to OCSD.
15
16 Z. Conventional Pollutants shall be defined as BOD,COD,total suspended solids,
17 pH, fecal coliform, oil and grease,total nitrogen and such additional pollutants as are now or
18 may be in the future specified and controlled in OCSD's NPDES permit for its POTW where
19 said POTW has been designed and used to reduce or remove such pollutants.
20
21 AA. Cooling Water shall mean all water used solely for the purpose of cooling a
22 manufacturing process, equipment, or product.
23
24 BB. Cyanide (Amenable) shall mean those cyanides that are amenable to
25 chlorination as described in 40 CFR 136.3.
26
27 CC. Day shall mean a calendar day.
28
29 DD. Dilution shall mean the increase in use of process water,potable water or any
30 other means to dilute a discharge as a partial or complete substitute for adequate treatment to
31 achieve discharge requirements.
32
33 EE. Direct Discharger or User shall mean facilities which are directly connected to
34 the Brine Line by a pipeline.
35
36 FF. Discharge Right shall mean the volume of wastewater capacity purchased by a
37 User for use with the Brine Line and tributaries thereto.
38
39 OO. District Collection System shall mean all pipes,sewers and conveyance systems
40 conveying wastewater to the Brine Line and tributaries thereto that are owned and maintained by
41 a community services district, special district,or water district,excluding sewer service lateral
42 line connections.
43
44 HH. Domestic Wastewater shall mean wastewater,including domestic septic system
45 waste, from private residences and wastewater from other premises resulting from the use of
-11-
I water for personal washing,sanitary purposes or the discharge of human excrement and related
2 matter.
3
4 II. Effluent shall mean treated wastewater flowing from treatment facilities, the
5 OCSD's POTW, or a User's pretreatment equipment.
6
7 JJ. EPA shall mean the United States Environmental Protection Agency.
8
9 KK. Federal Categorical Pretreatment Standard shall mean the National
10 Pretreatment Standards, established by the EPA, specifying quantities or concentrations of
11 pollutants or pollutant properties which may be discharged or introduced into the Brine Line or
12 tributaries thereto by existing or new Industrial Users in specific industrial categories
13 established as separate regulations under the appropriate subpart of 40 CFR Chapter I,
14 Subchapter N, as it exists and as it may be amended.
15
16 LL. Flow Monitoring Facilities shall mean equipment and structures approved by
17 SAWPA and provided at the User's expense to measure and/or record the incoming water to the
18 User's facility or the wastewater discharged to the Brine Line sewer or tributaries thereto.
19
20 MM. General Manager shall mean SAWPA's General Manager or duly authorized
21 representative designated in writing.
22
23 NN. Generator-see Indirect Discharger.
24
25 00. Good Faith shall mean the User's prompt and vigorous pollution control
26 measures undertaken to show that extraordinary efforts (not a"business-as-usual" approach)
27 have been made to achieve compliance.
28
29 PP. Grab Sample shall mean an individual sample collected from a wastestream
30 without regard to the flow in the wastestream over a period of time not exceeding fifteen
31 minutes.
32
33 QQ. Gravity Separation Interceptor shall mean an approved detention chamber
34 designed to remove floatable and settleable material from industrial wastewater prior to
35 discharge into the Brine Line.
36
37 RR. Hazardous Substance shall mean any substance capable of creating imminent
38 endangerment to health or the environment including, but not limited to, any substance
39 designated under 40 CFR Section 310.11(d) or any hazardous chemical substance subject to
40 regulation under the Toxic Substances Control Act, 15 USCA,Section 2601,et seq.By way of
41 example,this includes substances which are toxic,explosive,corrosive,flammable or irritants,
42 or which generate pressure through heat or decomposition,e.g.,heavymetals,pesticides,strong
43 acids or bases, distillate fuels, oxidants, among other things.
44
45
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I SS. Heating Water shall mean all water used solely for the heating of a
2 manufacturing process, equipment, or product.
3
4 TT. Indirect Discharger, User or Generator shall mean a user that contracts a
5 truck,tanker,or vacuum truck service or other similar means to bring wastewater for disposal to
6 the Brine Line or tributaries thereto from a User that has no direct connection to the Brine Line
7 or tributaries thereto.
8
9 UU. Industrial User shall mean all Persons, entities, public or private, industrial,
10 commercial,governmental,or institutional that discharge or cause to be discharged,wastewater
11 into the Brine Line or tributaries thereto or any other sewer system owned and operated by
12 SAWPA.
13
14 W. Industrial Wastewater shall mean all non-domestic,including all wastewater
15 from any producing, manufacturing, processing, institutional, governmental, commercial,
16 service, agricultural or other operation.
17
18 W W. Infectious Waste shall mean all wastes which are likely to transmit etiologic
19 agents which normally cause,or significantly contribute to the cause of,increased morbidity or
20 mortality of human beings.
21
22 XX. Inland Empire Brine Line or Brine Line shall mean all wastewater conveyance
23 systems owned and maintained by SAWPA, excluding sewer service lateral line connections
24 owned and operated by others.
25
26 YY. Inspector shall mean a person authorized by the General Manager to inspect any
27 User discharging or anticipating discharging wastewater into conveyance, processing, or
28 disposal facilities to the Brine Line or tributaries thereto.
29
30 ZZ. Interference shall mean a discharge which, alone or in conjunction with a
31 discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its
32 treatment processes or operations,or its sludge processes,use or disposal;and(2)therefore is a
33 cause of a violation of any requirement of the POTW's NPDES permit(including an increase in
34 the magnitude or duration of a violation)or of the prevention of sewage sludge use or disposal
35 in compliance with the statutory provisions and regulations or permits issued thereunder(or
36 more stringent State or local regulations): Section 405 of the Clean Water Act,the Solid Waste
37 Disposal Act (SWDA) (including title 11, more commonly referred to as the Resource
38 Conservation and Recovery Act(RCRA),and including State regulations contained in any State
39 sludge management plan prepared pursuant to subtitle D of the S WDA),the Clean Air Act,the
40 Toxic Substances Control Act,and the Marine Protection, Research and Sanctuaries Act.
41
42 AAA. Liquid Waste Hauler shall mean any Person or firm engaged in the truck
43 hauling of liquid waste from a User, excluding domestic waste, for disposal at a designated
44 Brine Line Collection Station.
45
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I BBB. Local Limits shall mean specific prohibitions or pollutant limitations or
2 pollutant parameters that are developed by OCSD, SAWPA, Member Agencies or Contract
3 Agencies in accordance with 40 CFR 403.5(c)to implement the general and specific discharge
4 prohibitions listed in 40 CFR 403.5(a)(1) and(b).
5
6 CCC. Lower Explosive Limit (LEL) shall mean the minimum concentration of a
7 combustible gas or vapor in the air that will ignite if an ignition source is present.
8
9 DDD. Mass Emission Rate shall mean the weight ofpollutants discharged to the Brine
10 Line or tributaries thereto during a given period of time from a User.
11
12 EEE. May means permissive.
13
14 FFF. Member Agency shall mean either, Eastern Municipal Water District, Inland
15 Empire Utilities Agency, San Bernardino Valley Municipal Water District, or Western
16 Municipal Water District of Riverside County, or any other public agency that subsequently
17 becomes a member of SAWPA and enters into a multijurisdictional pretreatment agreement
18 with SAWPA defining the roles and responsibilities to conduct the Pretreatment Program or
19 portions of the Pretreatment Program within their jurisdictions.
20
21 GOO. mg/L shall mean milligrams per liter.
22
23 HHH. Milestone shall mean increments of progress in the form of dates,not to exceed
24 nine months,and are used in compliance schedules.Milestones shall be for the commencement
25 and/or completion of major events leading to the construction and operation of additional
26 pretreatment facilities or the implementation ofpolicies,procedures or operational management
27 techniques required for the User to comply with all applicable federal, state or local
28 environmental regulations which may directly or indirectly affect the quality of the User's
29 wastewater effluent.
30
31 III. Monitoring/Production Information Order (MPIO) shall mean an
32 Administrative Order requiring an Industrial User to determine the mass emission or
33 concentration of pollutants or other conditions specified in the Industrial User's permit in their
34 industrial wastewater discharge for all days within a fourteen(14)consecutive day period that
35 industrial wastewater is discharged to the Brine Line and submit production data for that period.
36
37 JJL Monthly Average shall mean the average of dailymeasurements over a calendar
38 month as calculated by adding all the daily measurements taken during the calendar month and
39 dividing that sum by the sum of the number of daily measurements taken in the month.
40
41 KKK. NAICS shall mean the North American Industry Classification System published
42 by the Executive Office of the President of the United States, Office of Management and
43 Budget.
44
45
-14-
I LLL. National Pretreatment Standard shall mean any regulation containing pollutant
2 discharge limits promulgated by the EPA in accordance with section 307(b)and(c)of the Clean
3 Water Act, which applies to Industrial Users. This term includes prohibitive discharge limits
4 established pursuant to 40 CFR Part 403.5.
5
6 MMM. New Source shall mean any building, structure, facility, or installation from
7 which there is or maybe a discharge of pollutants,the construction of which commenced after
8 the publication of proposed Pretreatment Standards under Section 307(c)of the Federal Clean
9 Water Act which will be applicable to such source if such Standards are thereafter promulgated
10 in accordance with that Section,provided that:
11
12 1. The building,structure,facility or installation is constructed at a site at which no
13 other source is located; or
14
15 2. The building, structure, facility or installation totally replaces the process or
16 production equipment that causes the discharge of pollutants at an existing source; or
17
18 3. The production or wastewater generating processes of the building, structure,
19 facility or installation are substantially independent of an existing source at the same
20 site. In determining whether these are substantially independent, factors such as the
21 extent to which the new facility is integrated with the existing plant and the extent to
22 which the new facility is engaged in the same general type of activity as the existing
23 source maybe considered.
24
25 Construction on a site at which an Existing Source is located results in a modification rather
26 than a New Source if the construction does not create a new building, structure, facility, or
27 installation meeting the criteria of Section(2)or(3)above but otherwise alters,replaces,or adds
28 to existing process or production equipment.
29
30 Construction of a New Source as defined under this paragraph has commenced if the owner or
31 operator has:
32 (a)Began,or caused to begin,as part of a continuous onsite construction
33 program(1)any placement,assembly,or installation of facilities or equipment;
34 or (2) significant site preparation work including clearing, excavation, or
35 removal of existing buildings,structures,or facilities which is necessary for the
36 placement, assembly, or installation of new source facilities or equipment; or
37
38 (b) Entered into a binding contractual obligation for the purchase of
39 facilities or equipment which are intended to be used in its operation within a
40 reasonable time. Options to purchase or contracts which can be terminated or
41 modified without substantial loss,and contracts for feasibility,engineering,and
42 design studies do not constitute a contractual obligation under this paragraph.
43
44 NNN. OCSD shall mean the Orange County Sanitation District which is the Control
45 Authority for the Brine Line.
46
-15-
1 000. Oil and Grease shall mean any of the following in part or in combination:
2
3 1. Petroleum derived products (e.g., oils, fuels, lubricants, solvents, cutting oils,
4 mineral oils);
5
6 2. Vegetable derived products (e.g., oils, shortenings, water soluble cutting oils);
7
8 3. Animal derived products (e.g., fats, greases, oils, lard).
9
10 PPP. Pass Through shall mean any discharge which exits OCSD's POTW into waters
11 of the United States in quantities or concentrations which, alone or in conjunction with a
12 discharge or discharges from other sources, causes a violation of any requirement of the
13 OCSD's NPDES permit, including an increase in the magnitude or duration of a violation.
14
15 QQQ. Permittee shall mean any User who has received a Wastewater Discharge Permit
16 to discharge wastewater into the Brine Line or tributaries thereto.
17
18 RRR. Person shall mean any individual,firm,company,association,society,general or
19 limited partnership,limited liability company,trust,corporation,governmental agency or group,
20 and includes the plural or the singular.
21
22 SSS. Pollutant shall mean conventional pollutants,domestic wastewater,hazardous
23 substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue,
24 filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
25 materials, radioactive materials, medical waste, heat, wrecked or discarded equipment, rock,
26 sand, cellar dirt and industrial, municipal, and agricultural and industrial wastes, and certain
27 characteristics of wastewater(e.g.pH,temperature,TSS,turbidity,color,BOD,COD,toxicity,
28 or odor).
29
30 TTT. POTW shall mean a Publicly Owned Treatment Works. This definition
31 includes all devices,equipment,pipes,and systems used in the transmission,storage,treatment,
32 recycling and reclamation of municipal sewage,biosolids, or industrial wastewater.
33
34 UUU. Pretreatment shall mean the reduction of the amount of pollutants, the
35 elimination ofpollutants,or the alteration of the nature of the pollutant properties in wastewater
36 prior to,or in lieu of,discharging such pollutants into the Brine Line or tributaries thereto. The
37 reduction or alteration may be obtained by physical,chemical or biological processes,process
38 changes or by any other means, except dilution.
39
40 V V V. Pretreatment Facility shall mean anyworks or devices for the treatment or flow
41 limitation of wastewater prior to discharge to the Brine Line or tributaries thereto.
42
43 W W W. Pretreatment Requirements shall mean any substantive or procedural
44 requirement related to pretreatment, other than a National Pretreatment Standard, imposed
45 on an Industrial User.
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I XXX. Pretreatment Waste shall mean all waste, liquid or solid, removed from a
2 wastestream or wastewater discharge by physical, chemical,or biological means.
3
4 YYY. Public Agency shall mean the State of California and any city,county, special
5 district, or other public agency within the State of California.
6
7 ZZZ. Qualified Professional shall mean any person who by virtue of education,
8 training,or experience is qualified to evaluate and assess pollutant discharges and violations of
9 this Ordinance.
10
11 AAAA. RCRA shall mean the Resource Conservation and Recovery Act (42 U.S.C.
12 6901, et seq.) and its regulations 40 CFR Parts 260-266 and 270 and as amended.
13
14 BBBB. Reclaimable Wastewater shall mean domestic wastewater, industrial
15 wastewater or other wastewater containing total dissolved solid levels below the local POTW
16 discharge limitation that renders it suitable for discharge and reclamation.
17
18 CCCC. Regulatory Agencies shall mean those agencies having jurisdiction over the
19 operation of SAWPA and/or OCSD including,but not limited to:
20
21 1. United States Environmental Agency, Region DC, San Francisco, CA and
22 Washington,D.C. (EPA);
23
24 2. California State Water Resources Control Board("State Board");
25
26 3. California Regional Water Quality Control Board,Santa Ana Region(`Regional
27 Board");
28
29 4. South Coast Air Quality Management District(SCAQMD);
30
31 5. California Environmental Protection Agency(CaIEPA); and
32
33 6. California Department of Public Health(DPH).
34
35 DODD. Sampling Facilities shall mean structure(s)and equipment approved by SAWPA
36 and provided at the User's expense for SAWPA or the User to measure and record wastewater
37 pollutant levels, collect representative wastewater samples, and/or provide direct access to
38 terminate the wastewater discharge.
39
40 EEEE. Sanitary Sewer Overflow (SSO) shall mean any overflow, spill, release,
41 discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system.
42 SSOs include:
43
44 1. Overflows or releases of untreated or partially treated wastewater that reaches
45 waters of the United States;
-17-
1 2. Overflows or releases of untreated or partially treated wastewater that do not
2 reach waters of the United States; and
3
4 3. Wastewater backups into buildings and on private property that are caused by
5 blockages or flow conditions within the publicly owned portion of the sanitary sewer
6 system.
7
8 FFFF. Sanitary Waste shall mean domestic wastewater.
9
10 GGGG. SARI shall mean the Santa Ana Regional Interceptor.
11
12 HHHH. SARI System - see Inland Empire Brine Line.
13
14 HR. SAWPA shall mean the Santa Ana Watershed Project Authority and/or any
15 Member Agency and/or any Contract Agency as applicable to effectively implement this
16 Ordinance.
17
18 JJJJ. SAWPA Inland Empire Brine Line Service Area shall mean the total area
19 within the jurisdictional boundaries ofSAWPA's Member Agencies,excluding anyarea within
20 the County of Orange.
21
22 KKKK. Self-monitoring shall mean wastewater samples taken by a User or the User's
23 contracted laboratory,consultant, engineer, or similar entity.
24
25 LLLL. Service Lateral Line shall mean the wastewater collection pipe extending from
26 premises where the wastewater is generated up to and including the connection to the Brine Line
27 or tributaries thereto.
28
29 MMMM. Sewer System Management Plan(SSMP)shall mean an approved plan adopted
30 by SAWPA to control and reduce the occurrence and impact of sanitary sewer overflows.
31
32 NNNN. Shall means mandatory.
33
34 0000. Significant Industrial User(SM shall mean:
35
36 1. All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR
37 403.6 and 40 CFR Chapter I, Subchapter N.
38
39 2. Any User that:
40
41 a. Discharges Industrial Wastewater at an average rate of at least 25,000 gallons
42 per day(gpd)to the Brine Line or tributaries thereto(excluding sanitary,noncontact
43 cooling and boiler blowdown wastewater);
44
45 b. Contributes a process wastestream that makes up 5 percent or more of the
-18-
1 average dry weather hydraulic or organic capacity of OCSD's POTW; or
2
3 c. Is designated as an SIU by the General Manager on the basis that the User
4 has a reasonable potential for adversely affecting the Brine Line or tributaries thereto
5 or OCSD's POTWs or for violating any pretreatment standard or requirement.
6
7 PPPP. Significant Noncompliance(SNC)shall mean any compliance violations that
8 meet one or more of the following criteria:
9
10 1. Chronic violations of wastewater discharge limits, defined here as those in
11 which sixty-six percent(66%) or more of all of the measurements taken for the same
12 pollutant during a six-month period exceed(by any magnitude)a numeric Pretreatment
13 Standard or Requirement including instantaneous limits,as defined by40 CFR 403.3(I);
14
15 2. Technical review criteria(TRC)violations are defined as those in which thirty-
16 three (33%)percent or more of all of the measurements taken for the same pollutant
17 during a six-month period equal or exceed the product of the numeric Pretreatment
18 Standard or Requirement including instantaneous limits,as defined by40 CFR 403.3(1)
19 multiplied by the applicable TRC(TRC=1.4 for BOD,TSS,fats,oil and grease,and 1.2
20 for all other pollutants except pH);
21
22 3. Any other violation of Pretreatment Standard or Requirement as defined by40
23 CFR 403.3(1) (daily maximum, long term average, instantaneous limit, or narrative
24 standard) that the POTW determines has caused, alone or in combination with other
25 discharges,Interference or Pass Through(including endangering the health of POTW or
26 SAWPA personnel or the general public);
27
28 4. Any discharge of a pollutant that has caused imminent endangerment to human
29 health or welfare or to the environment or has resulted in POTW's or SAWPA's
30 exercise of emergency authority to halt or prevent such a discharge;
31
32 5. Failure to meet,within ninety(90)days after the scheduled date,a compliance
33 schedule milestone contained in a local control mechanism or enforcement order, for
34 starting construction, completing construction, or attaining final compliance;
35
36 6. Failure to provide, within forty-five (45) days of the due date, any required
37 reports such as baseline monitoring reports, 90-day compliance reports, periodic self-
38 monitoring reports, and reports on compliance with compliance schedules;
39
40 7. Failure to accurately report non-compliance; or
41
42 8. Any other violations or group of violations, which may include a violation of
43 Best Management Practices, which the POTW or SAWPA determines will adversely
44 affect the operation and implementation of SAWPA's Pretreatment Program or the
45 Brine Line or tributaries thereto.
46
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I QQQQ. Single Pass Cooling Water shall mean water that is used solely for the purpose
2 of cooling and is used only once before being discharged.
3
4 RRRR. Single Pass Heating Water shall mean water that is used solely for the purpose
5 of heating and is used only once before being discharged.
6
7 SSSS. Slug Discharge shall mean any discharge of a non-routine, episodic nature,
8 including but not limited to an accidental spill or a non-customary batch discharge of
9 wastewater,material or waste with such a high volume or pollutant concentration which has the
10 potential to cause damage,Interference,or Pass Through in the Brine Line or tributaries thereto,
11 OCSD's POTW, or in any other way violates the POTW's regulations,Local Limits or Permit
12 conditions.
13
14 TTTT. Special Purpose Discharge shall mean a wastewater discharge to the Brine Line
15 or tributaries thereto requiring a Wastewater Discharge Permit which has origins from
16 unpolluted water,storm water runoff,groundwater,treated groundwater,subsurface drainage or
17 other similar sources of wastewater.
18
19 UUUU. Stormwater shall mean water or wastewater generated when precipitation from
20 rain and snowmelt events flows or accumulates over land or impervious surfaces and does not
21 percolate into the ground.
22
23 V V V V. Temporary User shall mean any User who is granted temporary permission by
24 the General Manager to discharge wastewater to the Brine Line or tributaries thereto and
25 controlled by a Wastewater Discharge Permit.
26
27 W W W W. Total Dissolved Solids(TDS) shall mean the total amount of all inorganic and
28 organic substances dispersed within a volume of water or wastewater that Pass Through a
29 laboratory filter and dried to a specified temperature in accordance with approved laboratory
30 methods.
31
32 XXXX. Total Suspended Solids or Suspended Solids shall mean the total amount of
33 matter on the surface of, or suspended in, water, wastewater, or other liquid, and that is
34 removable by laboratory filtering in accordance with approved laboratory methods.
35
36 YYYY. Total Toxic Organics(TTO)shall mean the sum of all quantifiable compounds
37 with values greater than 0.01 mg/L as described in a separate SAWPA Local Limits Resolution.
38 For specific Federal Categorical Pretreatment Standards,TTO is defined, including the list of
39 regulated toxic organic compounds,by 40 CFR and in the User's Wastewater Discharge Permit.
40
41 ZZZZ. Unpolluted Water shall mean water to which no pollutant has been added either
42 intentionally or accidentally.
43
44 AAAAA. Upset shall mean an exceptional incident which causes temporary and
45 unintentional non-compliance with the discharge limitations or prohibitions applicable to a User
-20-
I or OCSD's POTW and which is beyond the reasonable control of User or OCSD's POTW and
2 as more fully set forth in OCSD's NPDES permit,40 CFR Part 403.16,and California Water
3 Code, Section 13385.
4
5 BBBBB. User shall mean any Member Agency,Contract Agency,Person or entity,public
6 or private,residential,industrial,commercial,governmental,institutional,or liquid waste hauler
7 that discharges or causes to be discharged,wastewater into the Brine Line or tributaries thereto.
8
9 CCCCC. Waste shall mean any discarded solid, semi-solid, liquid, or gaseous material.
10
11 DDDDD. Wastestream shall mean individually identifiable sources of waste that
12 contribute to a User's wastewater discharge.
13
14 EEEEE. Wastewater shall mean the used water and water carried waste from a User that
15 is discharged to a sewer.
16
17 FFFFF. Wastewater Discharge Contract shall mean a written contract between
18 SAWPA and a Member Agency or between a Member Agency or a Contract Agency and a
19 potential User for the purpose of conveying a defined wastewater discharge capacity right to use
20 the Brine Line or tributaries thereto.
21
22 GGGGG. Wastewater Discharge Permit shall mean the permit issued and enforced by the
23 General Manager or designee permitting and regulating the discharge of wastewater into the
24 Brine Line and tributaries thereto.
25
26 104.0 ADMINISTRATION.
27
28 A. Adoption of Interpretive Rules.SAWPA's Commission may adopt interpretive
29 rules or resolutions consistent with the provisions of this Ordinance for the administration of the
30 Brine Line. Interpretive rules by SAWPA's Commission pertain to,but shall not be limited to,
31 discharge limitations,Pretreatment Requirements,standards for wastewater lines and services
32 and implementation of standards promulgated pursuant to the Federal Water Pollution Control
33 Act as amended by the Clean Water Act.
34
35 B. General Powers of the General Manager. Except as otherwise provided
36 herein, the General Manager shall administer, implement and enforce the provisions of this
37 Ordinance. Any powers granted or duties imposed upon the General Manager maybe delegated
38 by the General Manager to persons acting in the beneficial interest or employ of SAWPA,but
39 shall remain the responsibility of the General Manager. In addition to the authority to prevent or
40 eliminate discharges through enforcement of discharge limitations and prohibitions,the General
41 Manager shall have the following powers:
42
43 1. Endangerment to the community, environment, Brine Line or OCSD's
44 POTW. The General Manager,after notice to the affected User,may immediately halt
45 or prevent any discharge of pollutants into the Brine Line or tributaries thereto,by any
-21-
1 means available, including physical disconnection from the Brine Line or tributaries
2 thereto,whenever the wastewater discharge may endanger the health or welfare of the
3 community,the environment, or threatens to damage or interfere with the operation of
4 the Brine Line or tributaries thereto or OCSD's POTW. Such discharges maybe halted
5 or prevented without regard to the compliance by the User with other provisions of this
6 Ordinance.
7
8 C. Specific Powers of the General Manager. If wastewater is discharged or
9 proposed to be discharged into the Brine Line or tributaries thereto in violation of this
10 Ordinance,any Wastewater Discharge Permit or any other order,the General Manager maytake
11 any action necessary to:
12
13 1. Prohibit the discharge of such wastewater;
14
15 2. Require a User to demonstrate that in-plant modifications will reduce or
16 eliminate the pollutant or substance so that the discharge will not violate this Ordinance;
17
18 3. Require treatment,including storage facilities or flow equalization necessary to
19 reduce or eliminate the pollutants or substance so that the discharge will not violate this
20 Ordinance;
21
22 4. Require the User making,causing or allowing the discharge to pay any required
23 industrial user permit fees,inspection fees,surcharges,fines,penalties,damages,legal
24 expenses, attomey's fees and any other cost or expense incurred by SAWPA for
25 handling, treating or disposing of excess pollutant loads imposed on OCSD's POTW,
26 and/or associated with alleged or actual violations of OCSD's NPDES permit attributed
27 to the User's discharge;
28
29 5. Require timely and factually complete reports from the User responsible for such
30 discharge; and
31
32 6. Require such other or further remedial action as maybe deemed to be desirable
33 or necessary to achieve the purposes of this Ordinance.
34
35 105.0 NOTICE. Unless otherwise provided herein,anynotice required of the General Manager
36 under this Ordinance shall be in writing.
37
38 106.0 CONFIDENTIALITY. All User information and data obtained from reports, surveys,
39 inspections,wastewater discharge applications,Wastewater Discharge Permits,and monitoring
40 programs shall be available to the public and governmental agencies without restriction unless
41 the User specifically requests in advance and is able to demonstrate to the satisfaction of
42 SAWPA that the release of such information would divulge information,processes,or methods
43 of production entitled to protection as trade secrets under California state law. The
44 demonstration of the need for confidentiality made by the User must meet the burden necessary
45 for withholding such information from the public under applicable state and federal laws.
46 Information and data concerning or relating to wastewater quality and quantity shall not be
_22_
I considered confidential. All sample data obtained either by the User or SAWPA shall not be
2 considered confidential. Confidential information shall be made available, upon request, to
3 governmental agencies for enforcement or-judicial proposes related to this Ordinance,OCSD's
4 NPDES Permit or the Pretreatment Program,and as required by state or federal law.
5
6 107.0 TIME LIMITS. Any time limit or deadline provided in any written notice or any
7 provision of this Ordinance may be extended only by a written extension by the General
8 Manager and only upon a showing of good cause by the User.
9
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I ARTICLE 2
2 GENERAL PROHIBITIONS AND LIMITATIONS
3 ON DISCHARGES
4
5 201.0 PROHIBITED WASTE DISCHARGES. Except as hereinafter provided,no Person or
6 User shall discharge or cause to be discharged into the Brine Line or tributaries thereto or any
7 opening, sump,tank,clarifier,piping or waste treatment system which drains or flows into the
8 Brine Line or tributaries thereto any of the following:
9
10 A. Any earth, sand, rocks, ashes, cinders, spent lime, stone, stone cutting dust,
11 gravel, plaster, diatomaceous earth, concrete, glass, metal filings, or metal or plastic objects,
12 garbage, grease, viscera, paunch manure, bones, hair, hides, or fleshings, whole blood, dead
13 animals,feathers, straw, shavings,grass clippings,rags, spent grains, spent hops,waste paper,
14 wood,plastic,tar,asphalt residues,residues from refining or processing fuel or lubrication oil
15 and similar substances,or solid, semi-solid or viscous material in quantities or volume which
16 will obstruct the flow of sewage in the Brine Line or tributaries thereto or any object which will
17 cause clogging of a sewer or sewage lift pump, or interferes with the normal operation of the
18 Brine Line or tributaries thereto or OCSD's POTW.
19
20 B. Any compound or material which will produce noxious odors in the Brine Line
21 or tributaries thereto or OCSD's POTW.
22
23 C. Any discharge resulting in toxic gases,vapors or fumes within the Brine Line or
24 tributaries thereto in a quantity that may cause acute health and safety problems for SAWPA
25 employees, contract employees,the public,and OCSD's POTW.
26
27 D. Any recognizable portions of human or animal anatomy.
28
29 E. Any solids, liquids,gases, devices, or explosives which by their very nature or
30 quantity are or may be,sufficient either alone or by interaction with other substances or sewage
31 to cause fire or explosion hazards,exceed 10%of the lower explosive limit(LEL)at the point of
32 discharge or in the collection system,or in any other way create imminent danger to SAWPA or
33 contract wastewater personnel,OCSD's POTW, the environment or public health.
34
35 F. Any wastewater or material with a closed cup flash point of less than 140 degrees
36 Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21.
37
38 G. Any overflow from a septic tank,cesspool or seepage pit,or any liquid or sludge
39 pumped from a cesspool, septic tank or seepage pit,except as may be permitted by the General
40 Manager.
41
42 H. Any discharge from the wastewater holding tanks of recreational vehicles,
43 trailers,buses and other vehicles, except as may be permitted by the General Manager.
44
45 I. Any quantity of wastewater flow in excess of permitted limits or purchased
46 capacity.
-24-
1 I. Any stormwater,groundwater,street drainage,subsurface drainage,yard drainage
2 or runoff from any field,roof,yard,driveway or street. The General Manager may approve,on a
3 temporary basis, the discharge of such water only when no reasonable alternative method of
4 discharge is available.
5
6 K. Any substance or heat in amounts which will inhibit biological activity in
7 OCSD's POTW resulting in Interference or which will cause the temperature of the sewage in
8 Brine Line or tributaries thereto to be higher than 140 degrees Fahrenheit. In no case shall any
9 substance or heat be discharged to the Brine Line or tributaries thereto which will raise OCSD's
10 POTW influent higher than 104 degrees Fahrenheit(40 degrees Celsius).
11
12 L. Any radioactive waste in excess of federal, state or county regulations.
13
14 M. Any pollutants,material or quantity of material which will cause:
15
16 1. Damage to any part of the Brine Line or tributaries thereto;
17
18 2. Abnormal maintenance of the Brine Line or tributaries thereto;
19
20 3. An increase in the operational costs of the Brine Line or tributaries thereto;
21
22 4. A nuisance or menace to public health;
23
24 5. Interference or Pass Through in OCSD's POTW, its treatment processes,
25 operations,biosolids processes,use or disposal. This applies to each User introducing
26 pollutants into the Brine Line or tributaries thereto whether or not the User is subject to
27 other national pretreatment standards or any national, State, or local pretreatment
28 requirements; or
29
30 6. A violation of the OCSD's NPDES permit, or any Federal, State, or local
31 regulatory requirement.
32
33 N. Any quantities ofherbicides,algaecides,or pesticides in excess of local limits or
34 national pretreatment standards.
35
36 O. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil
37 origin in excess of local limits or national pretreatment standards.
38
39 P. Any material or quantity of material(s),including but not limited to fats,oils and
40 grease (FOG), which will cause abnormal sulfide generation, obstruct flows within the
41 collection system, or contributes to or causes a sanitary sewer overflow.
42
43 Q. Any water or wastewater used to artificially raise the Industrial User's volume
44 and added for the purpose of diluting wastes which would otherwise exceed applicable
45 permitted discharge limitations.
46
47
-25-
1 R. Any wastewater having a corrosive property capable of causing damage to the
2 Brine Line or tributaries thereto, OCSD's POTW, equipment, or structures or presenting a
3 hazard to SAWPA or contract personnel. However,in no case shall wastewater be discharged
4 to the Brine Line or tributaries thereto or OCSD's POTW with a pH less than 6.0, or greater
5 than 12.0.
6
7 S. Any substance which will cause discoloration of OCSD's POTW influent which
8 results in a violation of OCSD's NPDES permit.
9
10 T. Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.),
11 released in a discharge at a flow rate and/or pollutant concentration which will cause
12 Interference with OCSD's POTW or SAWPA's Brine Line or tributaries thereto.
13
14 U. Pollutants which result in the presence of toxic gases, vapors, or fumes with
15 Brine Line or tributaries thereto or OCSD's POTW in a quantity that may cause acute worker
16 health and safety problems.
17
18 V. Any unpolluted water, including cooling water, hearing water, stormwater,
19 subsurface water, single pass cooling water, and single pass heating water. The General
20 Manager may approve, on a temporary basis, the discharge of such water only when no
21 reasonable alternative method of discharge is available. The User shall pay all applicable user
22 charges and fees. Stormwater discharges to the Brine Line are not authorized. The General
23 Manager may provide authorization for stormwater discharges that meet the following
24 conditions: a) the surface area that discharges stormwater is less than 150 square feet; or b)
25 there are operational controls in place to minimize discharges (i.e. valves/drains can be
26 closed/plugged).
27
28 W. Any substance which may cause OCSD's POTW effluent or any other product
29 such as residues, biosolids, or scums to be unsuitable for reclamation or reuse or which will
30 interfere with any of the reclamation processes. This includes any material which will cause the
31 biosolids at OCSD's POTW to violate applicable biosolids use or disposal regulations
32 developed under the Federal Clean Water Act, 33 USCA, Section 1251 et seq., or any
33 regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal
34 Act, 42 USCA, Section 6901, et seq.; Clean Air Act, 42 USCA, Section 7401, et seq.; Toxic
35 Substance Control Act, 15 USCA, Section 2601, et seq., or any other applicable State
36 Regulations.
37
38 X. Any hazardous substance which violates the objectives of the General Pretreatment
39 Regulations (40 CFR 403), this Ordinance, or any statute, rule, regulation or chapter of any
40 public agency having jurisdiction over said discharge.
41
42 Y. Any material, pollutants or wastewater in excess of the quantities and limitations
43 established by resolution.
44
45 Z. Any radiator fluid or coolant, cutting oil,water soluble cutting oil, or water based
46 solvent.
-26-
1 AA. Detergents,surface-active agents,or other substances that might cause excessive
2 foaming, as determined by the General Manager, that may cause or contribute to additional
3 treatment costs incurred by SAWPA or a violation of OCSD's NPDES permit, or cause or
4 contribute to Pass Through, Interference, or other known damages in the Brine Line and/or
5 OCSD'sPOTW.
6
7 BB. Any discharges of reclaimable wastewater to the Brine Line that originate in the
8 SAWPA Brine Line service area shall be minimized and may only be disposed to the Brine Line
9 as identified in the Wastewater Discharge Permit.
10
11 202.0 DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT. No User shall
12 increase the use of water,or in any other manner,attempt to dilute a wastewater discharge as a
13 partial or complete substitute for adequate treatment to achieve compliance with this Ordinance
14 and the User's Wastewater Discharge Permit, or to establish an artificially high flow rate for
15 permitted mass emission rates or permitted flow amounts.
16
17 203.0 LIMITATIONS ON GROUNDWATER SURFACE RUNOFF AND SUBSURFACE
18 DRAINAGE.
19
20 A. Groundwater, surface runoff water, or subsurface drainage shall not be
21 discharged into the Brine Line or tributaries thereto, except as provided herein. The General
22 Manager may approve the discharge of such water only as a part of water quality improvement
23 program approved by the General Manager and when no alternative method of disposal is
24 reasonably available and to mitigate an environmental risk or health hazard.
25
26 B. Special Propose Discharges(i.e.groundwater,surface runoff water,or subsurface
27 drainage)approved by the General Manager for discharge to the Brine Line or tributaries thereto
28 shall require a Wastewater Discharge Permit.
29
30 204.0 LIMITATIONS ON UNPOLLUTED WATER.
31
32 A. Unpolluted Water which may include single pass cooling water shall not be
33 discharged to the Brine Line or tributaries thereto, except as provide herein. The General
34 Manager may approve the discharge of such water only as a part of water quality improvement
35 program approved by the General Manager and when no reasonable alternative method of
36 disposal or reuse is available, or to mitigate an environmental risk or health hazard.
37
38 B. Unpolluted water approved for discharge to the Brine Line or tributaries thereto
39 shall require a Wastewater Discharge Permit from SAWPA.
40
41 205.0 LIMITATIONS ON DOMESTIC WASTEWATER AND SEPTAGE WASTE.
42
43 A. Domestic wastewater or septage waste from a private sewage disposal system
44 shall not be discharged to the Brine Line or tributaries thereto, except in specific cases
45 authorized by the General Manager. The General Manager may approve the discharge on a
46 temporary basis when no reasonable alternative method is available.
_27_
1 B. All approved temporary domestic wastewater or septage waste discharges to the
2 Brine Line or tributaries thereto shall require a Wastewater Discharge Permit from SAWPA.
3 The User granted the permit shall be responsible for all applicable charges and fees and shall
4 abide by all permit conditions.
5
6 206.0 LIMITATIONS ON POINT OF DISCHARGE. No Person or User shall discharge any
7 wastewater directly into a maintenance access structure,manhole or other opening in the Brine
8 Line or tributaries thereto other than through an approved building sewer connection, unless
9 written permission for the discharge has been granted by the General Manager. This prohibition
10 shall not apply to authorized SAWPA personnel,contract employees,or Member Agency and
11 Contract Agency employees involved with the maintenance, cleaning,repair, or inspection of
12 the Brine Line or tributaries thereto.
13
14 207.0 LIMITATIONS ON THE USE OF GRINDERS. Waste from industrial or commercial
15 grinders shall not be discharged to the Brine Line or tributaries thereto,except waste generated
16 in packing or preparing food or food products, but not food service establishments. Such
17 grinders shall shred the waste to a degree that all particles will be carried freely under normal
18 flow conditions prevailing in the Brine Line or tributaries thereto. Waste from food service
19 establishments operating a grinder is prohibited and shall not be discharged into the Brine Line
20 unless written authorization from the SAWPA General Manager is provided.
21
22 208.0 LIMITATIONS ON BIOCHEMICAL OXYGEN DEMAND(BOD). All wastewater
23 discharged to the Brine Line or tributaries thereto shall have a daily maximum and a monthly
24 average limit for BOD. All BOD discharges in excess of the established limitations shall be
25 subject to a surcharge fee and/or a noncompliance fee. These limitations, surcharge fees and
26 noncompliance fees shall be established by resolution by SAWPA's Commission.
27
28 209.0 LIMITATIONS ON INFECTIOUS WASTE DISPOSAL.
29
30 A. Those Users that generate liquid infectious waste not associated with those found
31 in domestic wastewater must obtain written permission from the General Manager prior to
32 disposal of the liquid infectious waste to the Brine Line or tributaries thereto. The User must
33 submit a written request to the General Manager that shall include:
34
35 1. The source and volume of the infectious waste;
36 2. The procedures and equipment used for waste disinfection; and
37 3. Employee training procedures.
38
39 B. If the General Manager determines that the waste would not be completely
40 disinfected,the General Manager shall issue a written denial to the User and state the reasons for
41 the denial.This denial shall be issued within thirty(30)days from receipt of the written request.
42
43 C. If the General Manager determines that complete disinfection of the waste can
44 be achieved prior to discharge of the waste to the collection system, then conditional written
_28_
1 approval may be granted by the General Manager for the disposal of the waste. Such written
2 letter of approval shall be sent to the User within thirty (30) days of receipt of the written
3 request.
4
5 D. If the User is granted permission for disposal,the User shall:
6
7 1. Completely disinfect the liquid waste prior to discharge to the Brine Line or
8 tributaries thereto as outlined in the approval letter;
9
10 2. Not dispose of solid infectious waste to the Brine Line or tributaries thereto,
11 including hypodermic needles,syringes,instruments,utensils or other paper and plastic
12 items of a disposable nature,or recognizable portions of the human or animal anatomy;
13 and
14 3. Permit the General Manager to conduct periodic inspections to verify that all
15 disinfection methods,procedures, and practices are being performed.
16
17 210.0 LIMITATIONS ON DISPOSAL OF WASTE SOLUTIONS AND SLUDGES. All
18 waste solutions,sludges,and materials in violation of the User's Wastewater Discharge Permit
19 limitations for discharge to the Brine Line or tributaries thereto,shall be disposed of in a legally
20 approved manner at a legally approved disposal site specific for the waste being disposed. All
21 disposed waste shall be properly manifested as to its origin, type, amount and disposal site in
22 compliance with all applicable laws and regulations.
23
24 211.0 SLUG DISCHARGES.
25
26 A. If the General Manager determines that a User has caused a slug discharge into
27 the Brine Line or tributaries thereto in quantities or concentrations and in a manner or method
28 not previously approved by the General Manager, then the User shall be liable for any non-
29 compliance monetary fee, fine or penalty as established by resolution by SAWPA's
30 Commission. If the User's slug discharge has resulted in damage to the Brine Line or tributaries
31 thereto or caused Interference or Pass Through at OCSD's POTW,then the User shall be liable
32 for all associated costs including, administrative costs and overhead, treatment, repairs,
33 regulatory fines, penalties, legal expenses, damages, and attorney's fees. All Wastewater
34 Discharge Permits issued to SIUs will contain slug control requirements in accordance with 40
35 CFR403.8(t)(1)(iii)(B)(6).
36
37 B. Upon finding that a User has caused a slug discharge into the Brine Line or
38 tributaries thereto, then the User shall submit a written report to the General Manager how the
39 slug discharge occurred and how it will be prevented in the future. This report shall be due
40 within five (5) days of notification to the User by the General Manager.
41
42 C. Repeated slug discharges by the User shall be grounds for permit revocation and
43 cessation of all wastewater discharges to the Brine Line or tributaries thereto.
44
45
-29-
I ARTICLE 3
2 WASTEWATER DISCHARGE CONTRACTS
3 USER CHARGES AND FEES
4
5 301.0 INTRODUCTION. To obtain the maximum benefit from the use of the Brine Line and
6 tributaries thereto, written authorizations from SAWPA to use the Brine Line or tributaries
7 thereto are required. These written authorizations shall be in the form of a Wastewater
8 Discharge Contract (applicable to Direct Dischargers) and a Wastewater Discharge Permit
9 (applicable to Direct and Indirect Dischargers).
10
11 302.0 WASTEWATER DISCHARGE CONTRACT BETWEEN SAWPA AND A
12 MEMBER AGENCY OR CONTRACT AGENCY. A written Wastewater Discharge
13 Contract,also known as a treatment and disposal agreement,is required between SAWPA and a
14 Member Agency or a Contract Agency wherein the Member Agency or the Contract Agency
15 purchases from SAWPA a right to discharge a specified amount of approved wastewater into the
16 Brine Line or tributaries thereto. The amount of this right will ordinarily be expressed in
17 `capacity units"or million gallons per day(MGD). The minimum capacity unit shall be 0.010
18 MGD. The Wastewater Discharge Contract shall include but not be limited to:
19
20 A. The amount of the discharge right to be purchased (Flow (MGD), BOD
21 (concentration and pounds), TSS (concentration and pounds);
22
23 B. The purchase price of the discharge right as established by SAWPA's
24 Commission;
25
26 C. A description of operation and maintenance costs,fixed fees and other costs to be
27 paid to SAWPA;
28
29 D. A provision that the Wastewater Discharge Contract shall conform with all
30 provisions of SAWPA ordinances and resolutions regulating the availability and use of the
31 Brine Line or tributaries thereto.
32
33 E. A description of the operational and regulatory reporting responsibilities as
34 required to comply with applicable State and local regulations including,but not limited to,the
35 Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.
36
37 The Wastewater Discharge Contract shall be in addition to a separate agreement(s)by which the
38 Member Agency or the Contract Agency obtained Pipeline Capacity rights.To discharge to the
39 Brine Line sufficient Pipeline Capacity rights and Treatment and Disposal Capacity rights are
40 required.
41
42
-30-
1 303.0 WASTEWATER DISCHARGE CONTRACTS BETWEEN A MEMBER AGENCY
2 OR A CONTRACT AGENCY AND A USER OF THE BRINE LINE OR TRIBUTARIES
3 THERETO.
4
5 A. Any potential User of the Brine Line or tributaries thereto must first apply to the
6 Member Agency or the Contract Agency with jurisdictionfor a Wastewater Discharge Contract.
7 After review and acceptance of the potential User's application, the Member Agency or the
8 Contract Agency must enter into a Wastewater Discharge Contract with the potential User
9 before the User may discharge to the Brine Line or tributaries thereto. The Wastewater
10 Discharge Contract shall be in accordance with Section 302.0 of this Ordinance. The potential
11 User shall pay to the Member Agency or the Contract Agency all costs associated with
12 Wastewater Discharge Contract. A Wastewater Discharge Contract must be obtained from a
13 Member Agency or a Contract Agency prior to filing an application for a Wastewater Discharge
14 Permit.
15
16 B. All wastewater to be discharged pursuant to the Wastewater Discharge Contract
17 between a Member Agency or a Contract Agency and a User shall be contingent upon the
18 issuance by SAWPA to the potential User,a Wastewater Discharge Permit,pursuant to Article 4
19 of this Ordinance. The User shall also apply for a Wastewater Discharge Permit in accordance
20 with Article 4 of this Ordinance.
21
22 C. All fees and charges paid by the User in connection with the Wastewater
23 Discharge Contract and the Wastewater Discharge Permit are non-refundable. In the event that
24 the Wastewater Discharge Permit is revoked,the User shall not be entitled to any refund of any
25 fees and charges it has paid the Member Agency or the Contract Agency or SAWPA.
26
27 304.0 USER CHARGES AND FEES.
28
29 A. Users shall payto SAWPA the following categories of costs in conformance with
30 the Wastewater Discharge Contracts and the applicable resolutions adopted by SAWPA's
31 Commission:
32
33 1. Operation and Maintenance Costs or User Charges. These charges shall
34 include disposal costs for a direct connection to the Brine Line plus all applicable
35 charges and fees as established by resolution by SAWPA's Commission;
36
37 2. Liquid Waste Hauler User Charges. These charges shall cover all costs of
38 SAWPA and its Member Agencies or its Contract Agencies for providing Collection
39 Station service to liquid waste haulers using the Brine Line or tributaries thereto for
40 wastewater disposal. These charges shall be established by resolution by SAWPA's
41 Commission;
42
43 3. Wastewater Discharge Permit Fees. All Wastewater Discharge Permit
44 application and Wastewater Discharge Permit fees shall be paid directly by the User to
45 SAWPA and/or Member Agencies and/or Contract Agencies upon invoice. These fees
46 will be established by resolution by SAWPA's Commission.
-31-
1 4. Special Purpose Discharge Permit Charge. This charge shall cover all
2 SAWPA's costs for providing sewerage service and monitoring for users requiring a
3 Special Purpose Wastewater Discharge Permit. These costs shall be established by the
4 General Manager. A deposit determined by the General Manager sufficient to paythese
5 estimated charges shall accompany the Special Purpose Wastewater Discharge Permit
6 Application.
7
8 5. All Users shall pay all applicable permit fees prior to the renewal of the
9 Wastewater Discharge Permit.
10
11 6. Non-Compliance Charges will be as determined in Article 6,Enforcement
12 and shall be paid directly by the User to SAWPA and/or Member Agencies and/or
13 Contract Agencies upon invoice.The charges will Pass Through compliance costs from
14 OCSD,if any.
15
16 B. A charge for use of the Brine Line or tributaries thereto may be imposed by a
17 Member Agency or a Contract Agency to Wastewater Discharge Permit Users. All such charges
18 shall be paid by the User directly to the Member Agency or the Contract Agency in accordance
19 with Section 303.0 of this Ordinance.
20
21 C. SAWPA shall be entitled to recover costs from Users for the implementation of
22 SAWPA's pretreatment program. These costs relate to matters covered by this Ordinance and
23 are separate from all other fees chargeable by SAWPA. SAWPA may adopt a resolution(s)to
24 recover such costs for:
25
26 1. Developing,implementing,and operating SAWPA's Pretreatment Program
27 and this Ordinance.
28
29 2. Monitoring, inspection, surveillance procedures and laboratory costs.
30
31 3. Reviewing plans and construction inspections.
32
33 4. Wastewater discharge permit application review.
34
35 5. Wastewater discharge permit issuance.
36
37 6. Reviewing data and reports.
38
39 7. Noncompliance and enforcement.
40
41 D. Member Agencies or Contract Agencies may directly charge Users for costs
42 related to Collection System maintenance of the Member Agency's or the Contract Agency's
43 Collection System due to the effects of the User's wastewater discharge on the Member
44 Agency's or the Contract Agency's Collection System.
45
46
-32-
I ARTICLE 4
2 WASTEWATER DISCHARGE PERMITS
3
4 401.0 INTRODUCTION. Written authorization from SAWPA is required for all Users of the
5 Brine Line and tributaries thereto to ensure the maximum public benefit. The written
6 authorization shall be in the form of a Wastewater Discharge Permit issued by SAWPA.
7 SAWPA will issue all Liquid Waste Hauler Permits issued to entities transporting brine
8 wastewater to the Collection Stations,per Article 509.0.
9
10 402.0 WASTEWATER DISCHARGE PERMITS.
11
12 A. Users subject to the provisions of this Ordinance shall obtain a Wastewater
13 Discharge Permit prior to the connection or discharge to the Brine Line or tributaries thereto.
14 No vested right shall be given, granted or acquired by the issuance of permits provided for in
15 this Ordinance. User Wastewater Discharge Permits may be issued to Direct Dischargers or
16 Users, Special Purpose Dischargers, and Indirect Dischargers or Users.
17
18 B. Plans submitted for a sewer connection to the Brine Line or tributaries thereto
19 shall not be approved by the General Manager for any sewer connection which will convey
20 industrial wastewater to the Brine Line or tributaries thereto unless the Discharger has first
21 obtained a Wastewater Discharge Permit.
22
23 C. The General Manager shall deny or condition discharges of pollutants,or changes
24 in the nature of pollutants, to the Brine Line or tributaries thereto by Users where such
25 discharges do not meet applicable pretreatment standards and requirements or where such
26 discharges would cause OCSD's POTW to violate its NPDES permit.
27
28 D. Users required to obtain a Wastewater Discharge Permit shall complete and file
29 with the General Manager a Wastewater Discharge Permit application form provided by the
30 General Manager and shall pay all applicable fees within thirty (30) days of invoicing by
31 SAWPA. The application form may require:
32
33 1. Name,address,assessor's parcel number and location(if different from the
34 site address)for the company, owner, and operator.
35
36 2. Name and address of the authorized representative(s).
37
38 3. NAICS number according to the Federal North American Industry
39 Classification System,Office of Management and Budget, 1997,as amended.
40
41 4. EPA hazardous waste generator's number.
42
43 5. Wastewater samples analyzed for specified pollutants. The samples shall be
44 analyzed by a State certified laboratory in accordance with the methods published by the
45 EPA in 40 CFR Part 136.
46
-33-
1 6. Time and duration of the wastewater discharges.
2
3 7. Average and maximum daily wastewater flow rates,including any seasonal
4 variation of all wastestreams discharged.
5
6 8. A list of all environmental control permits held.
7
8 9. A statement from the property owner or landlord, if different from the
9 Industrial User,agreeing to the Industrial User's activities,manufacturing processes,and
10 chemical and material storage.
11
12 10. Site plans,floor plans,mechanical and plumbing plans with details to show
13 all sewers,sewer connections,pretreatment equipment,systems and devices,production
14 areas and all areas of wastewater generation.
15
16 11. A description of operations which shall include the nature, average rate of
17 production, and NAICS classification of the operation(s) carried out by the Industrial
18 User. This description shall include a schematic process diagram that indicates water
19 quality sampling location(s), and points of discharge to the Brine Line or tributaries
20 thereto, types of wastes generated, and a list of raw materials and chemicals used or
21 stored at the facility, which are, or could be discharged to the Brine Line, number of
22 employees,hours of operation, and type and amount of raw materials processed.
23
24 12. Informational sheets containing information describing the products
25 produced by the User;Federal Categorical designation(if applicable);what means are
26 used to produce the products;the waste generated by producing the product;plot plans
27 and diagrams of the facility and wastewater pretreatment facilities; process flow
28 diagrams of production, wastewater flow, and wastewater pretreatment facilities; and
29 waste disposal methods;
30
31 13. Flow measurement. The User shall submit information showing the
32 measured average daily and maximum daily flow in gallons per day to SAWPA from
33 federally regulated process wastestreams and other wastestreams as necessary to allow
34 use of the Combined Wastestream Formula.Water supply information may be required
35 that includes the water supplier's name(s) and account number(s).
36
37 14. Measurement of pollutants. The User shall identify the National
38 Pretreatment Standard applicable to each regulated process and shall describe which
39 subcategories might be applicable and cite evidence and reasons why such subcategories
40 are applicable and others are not as required by 40 CFR 403.6(a)(2). The User shall
41 submit the results of sample analyses identifying the nature and concentration(or mass
42 where required) of regulated pollutants in the discharge from each regulated process.
43 Either daily maximum and average concentration or daily loading in pounds per day
44 shall be reported. All samples shall be representative of daily operations. All analyses
45 shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and
46 amendments thereto.
-34-
1 15. Certification statement in 40 CFR Part 403.6(a)(2)(ii) executed by an
2 authorized representative of the User and prepared by a qualified professional,
3 indicating whether or not pretreatment standards (national categorical and local) are
4 being met on a consistent basis. If not, the industrial user shall state if additional
5 operation and maintenance or additional pretreatment equipment is necessary to achieve
6 compliance with pretreatment standards and requirements.
7
8 16. All data submitted,including monitoring data,shall be certified accurate by
9 an authorized representative of the Industrial User as set forth in 40 CFR Part
10 403.6(a)(2(ii).
11
12 17. Facility Waste Management Plan as defined in Section 520.0 of this
13 Ordinance.
14
15 18. Where a federal categorical process has been identified,the User shall submit
16 a Baseline Monitoring Report with all the elements required by 40 CFR 403.12(b)no
17 later than ninety(90) days before discharge commences.
18
19 19. Any other information as may be necessary for the General Manager to
20 evaluate the permit application.
21
22 E. Within ninety(90)days ofreceiving the completed Wastewater Discharge Permit
23 application,the General Manager shall evaluate the data famished by the applicant in the permit
24 application. After evaluation of the data furnished, the General Manager may issue a
25 Wastewater Discharge Permit subject to the terms and conditions provided in this Ordinance or
26 deny a Wastewater Discharge Permit. If the General Manager determines that sufficient
27 information has been provided by the applicant in the Wastewater Discharge Permit application,
28 the General Manager shall issue a Wastewater Discharge Permit to the applicant within ninety
29 (90) days of receipt of the Wastewater Discharge Permit application, if the General Manager
30 finds that all of the following conditions are met:
31
32 1. The proposed discharge of the applicant is in compliance with the
33 prohibitions and limitations of this Ordinance and related SAWPA resolutions;
34
35 2. The proposed operation and discharge of the applicant would not interfere
36 with the normal and efficient operation of the Brine Line or tributaries thereto and
37 OCSD's POTW;
38
39 3. The proposed discharge,operation or business activity of the applicant shall
40 not result in a violation of OCSD's NPDES permit or cause a Pass Through of my toxic
41 materials to the environment or OCSD's POTW biosolids; and
42
43 4. The applicant has been invoiced for all applicable Wastewater Discharge
44 Permit fees by SAWPA and paid such fees.
45
46
-35-
1 F. The General Manager may suspend the permit application process if the User's
2 business will not be operational and no wastewater is planned for discharge at the conclusion of
3 the application review process. The User must notify the General Manager at least ninety(90)
4 days prior to the commencement of the business activities and wastewater discharge.
5
6 G. If the General Manager determines that the proposed discharge(s) will not be
7 acceptable, then the General Manager shall disapprove the application and shall notify the
8 applicant in writing,specifying the reason(s)for denial.The denial may apply if the Userhas not
9 demonstrated adequate pretreatment equipment to ensure compliance with discharge limitations
10 and the Ordinance.
11
12 H. Approved Wastewater Discharge Permits shall be subject to all provisions of this
13 Ordinance and all other applicable regulations, charges and fees established by resolution by
14 SAWPA's Commission. Permits may contain the following except where noted as required:
15
16 1. A statement that indicates the permit issuance date, expiration date and
17 effective date(required);
18
19 2. A statement that the indicates the permit is non-transferable (required);
20
21 3. The unit charge or schedule of user charges and fees for the wastewater
22 discharged to the Brine Line and tributaries thereto as established by ordinance or
23 resolution;
24
25 4. Schedule of penalty fees for noncompliance as established by resolution
26 (required);
27
28 5. Limitations on the average monthly and maximum daily wastewater
29 pollutants and mass emission rates for pollutants and/or requirements for Best
30 Management Practices (required);
31
32 6. Limitations on the average monthly and maximum daily wastewater flow
33 rates;
34
35 7. Requirements for the submittal of a Facility Waste Management Plan;
36
37 8. Requirements for the submittal of daily, monthly, annual and long term
38 production rates;
39
40 9. Requirements for reporting changes and/or modifications to equipment
41 and/or processes that affect the quantity or quality of the wastewater discharged;
42
43 10. Requirements for installation and maintenance of monitoring and sampling
44 equipment and devices;
45
46
-36-
1 11. Self-monitoring, sampling, reporting, notification, and record keeping
2 requirements.These requirements shall include an identification of pollutants or BMPs
3 to be monitored, sampling location, sampling frequency, and sample type (required);
4
5 12. The process for seeking a waiver from monitoring for a pollutant neither
6 present nor expected to be present in the discharge (required);
7
8 13. Requirements for the installation of pretreatment technology, pollution
9 control,or construction of appropriate spill containment devices;
10
11 14. Specifications for monitoring programs which may include: sampling
12 location(s); frequency of sampling; pollutant violation notification and resampling
13 requirements; number, types and standards for tests; reporting schedules; and self-
14 monitoring standard operating procedures (SOPS);
15
16 15. Requirements to control Slug Discharge, if determined by the General
17 Manager to be necessary;
18
19 16. Requirements for reporting flow and pollutant exceedances;
20
21 17. Consent to entry onto the User's premises to assess compliance by
22 inspection,records examination, sampling, and monitoring;
23
24 18. If compliance with pretreatment standards cannot be met on a consistent
25 basis,then a schedule of compliance shall be required. This schedule shall provide the
26 shortest possible time for the User to provide additional pretreatment and/or operations
27 and maintenance to achieve compliance. The compliance schedule shall contain
28 increments of progress (called milestones)in the form of dates,not to exceed nine(9)
29 months unless specifically approved otherwise by the Commission, for the
30 commencement and completion of major events leading to the construction and
31 operation of additional pretreatment required for the User to achieve compliance with
32 applicable categorical pretreatment standards;
33
34 19. Compliance Schedule Progress Reports,if required,shall be submitted every
35 thirty (30) days during the time the compliance schedule is in force, including a final
36 compliance report at the conclusion of the compliance schedule. The User shall state
37 whether or not compliance was achieved for the increment of progress to be met on such
38 a date. If progress cannot be achieved,the User shall state the reasons for the delay and
39 the steps to be taken to return to the dates originally established in the compliance
40 schedule;
41
42 20. Requirements for submission of technical reports, contingency plans or
43 discharge reports,Baseline Monitoring Reports(BMR),compliance reports,or reports
44 on continued compliance;
45
46
-37-
1 21. Reports on compliance with Categorical Pretreatment Standard Deadlines.
2 All Categorical Industrial Users shall submit reports to the General Manager containing
3 the information described in Section 501. For existing Categorical Industrial Users,the
4 report shall be submitted within ninety(90)days following the date for final compliance
5 with applicable categorical pretreatment standards. For new Categorical Industrial
6 Users, the report shall be due thirty (30) days following the commencement of
7 wastewater discharge into the Brine Line or tributaries thereto. These reports shall
8 contain long term production rates and actual production during the wastewater
9 sampling periods; All reports must have an accompanying statement reviewed by an
10 authorized representative of the User and certified to by a qualified professional staring
11 whether the pretreatment standards are or are not being met as set forth in 40 CFR
12 Section 403.12(b)(6)and amendments thereto;
13
14 22. All significant and Categorical Industrial Users shall submit Periodic
15 Compliance Reports at least every six months as specified in the Wastewater Discharge
16 Permit. These reports shall include effluent sample analyses with the time and
17 concentration or mass of the pollutants in the Wastewater Discharge Permit;average and
18 maximum daily wastewater flows for all regulated processes and total flow for the
19 reporting period; average and maximum daily production rates (if applicable); total
20 production for the reporting period (if applicable), and information related to the
21 application and compliance with Best Management Practices in use(if applicable);
22
23 23. All required reports: BMRs, compliance reports, periodic reports on
24 continued compliance,and sample data submittals, must be signed and certified by an
25 authorized representative of the User,using the certification statement contained in 40
26 CFR Part 403.6(a)(2)(ii));
27
28 24. Requirements for maintaining and retaining all records relating to the
29 wastewater monitoring, sample analyses, production, waste disposal, recycling, and
30 waste minimization as specified by the General Manager;
31
32 25. Requirements for notification of slug or accidental discharges, immediate
33 notification of the General Manager of any changes affecting the potential for a slug
34 discharge and significant changes in volume or characteristics of the pollutants
35 discharged;
36
37 26. Requirement for notification to SAWPA of all on-site spills;
38
39 27. Statement of applicable civil and criminal penalties for violation of
40 pretreatment standards and requirements,and any other applicable compliance schedule,
41 and responsibility for damages, legal expenses, attorney's fees, administrative and
42 overhead costs for violation of any applicable pretreatment ordinances, standards and
43 requirements and this Ordinance and amendments thereto (required);
44
45 28. No wastewater generated outside the SAWPA service area shall be accepted
46 unless prior approval is received from SAWPA's Commission and OCSD's General
-38-
1 Manager. Such approval will be on a case-by-case basis and in the Commission's and
2 OCSD's sole discretion; and
3
4 29. Other conditions as deemed appropriate by the General Manager to ensure
5 compliance with this Ordinance.
6
7 I. Wastewater Discharge Permit conditions and requirements may be appealed in
8 writing to the General Manager within fifteen (15) days after the issuance date. The written
9 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
10 written appeal shall be addressed by the General Manager within thirty(30)days from the date
11 of filing of the written appeal and may hold an appeal hearing with the Peanittee. The General
12 Manager shall issue a final written determination on the appeal within forty-five(45)days from
13 the date of filing of the written appeal. Any User aggrieved by the final decision issued by the
14 General Manager under this Section may seek an appeal to the SAWPA Commission by filing
15 an appeal within fifteen(15)days following the service of the General Manager's final written
16 determination on the appeal. The written appeal to the Commission shall state all of the facts
17 and reasons that constitute the basis for such an appeal. Failure to file such an appeal within
18 fifteen (15)days shall be deemed a waiver of the appeal process.
19
20 403.0 PERMIT DURATION. Wastewater Discharge Permits shall be issued for a specified
21 time period. Wastewater Discharge Permits issued to SIUs shall nomiallybe issued for a period
22 not to exceed two(2)years.Wastewater Discharge Permits issued to Users other than SIUs and
23 Special Purpose Discharge Permits shall normally not exceed three (3) years. Wastewater
24 Discharge Permits issued to Liquid Waste Haulers shall normally not exceed two (2) years.
25 Generally, permits shall not exceed the duration allowed by OCSD Ordinance No. 39 or
26 successors thereto. Under no circumstances shall a Wastewater Discharge Permit duration
27 exceed five (5)years.
28
29 404.0 DUTY TO COMPLY. All Users have a duty to comply with this Ordinance, related
30 resolutions, and all conditions and limitations in the permit. Failure to comply with the
31 requirements contained in this Ordinance,related resolutions and/or the permit maybe grounds
32 for Wastewater Discharge Permit Revocation pursuant to Section 607.0,termination of service
33 pursuant to Section 608.0, administrative actions, or enforcement proceedings including,
34 injunctive relief,civil or criminal penalties, and summary abatements pursuant to Article 6 of
35 this Ordinance. Mandatory minimum penalties shall also be assessed where appropriate.
36
37 405.0 PERMIT RENEWAL, EXTENSION AND FEES. All Users subject to wastewater
38 discharge permitting by SAWPA shall submit a completed Wastewater Discharge Permit
39 application for permit renewal at least ninety (90) days prior to the expiration of the User's
40 existing permit. All Users shall pay all applicable permit fees prior to the renewal of the
41 Wastewater Discharge Permit. No Wastewater Discharge Permit shall be renewed if the User
42 has not paid all applicable fees within thirty (30) days of invoicing by SAWPA, submitted
43 required monitoring information or production reports,or submitted any other required permit
44 information. In the event the General Manager cannot issue the permit prior to the expiration
45 date of the current permit and the submitted application has been received and deemed
46 complete,he/she may issue a written extension of the expired permit for up to thirty(30)days or
-39-
I as deemed appropriate by the General Manager. Users which do not have a valid Wastewater
2 Discharge Permit shall be considered in violation of this Ordinance and subject to enforcement
3 action and any applicable surcharge fee,fine,penalties,damages,legal expenses,attorney's fees,
4 administrative and overhead costs.
5
6 406.0 PERMIT MODIFICATIONS.The terms and conditions of the Wastewater Discharge
7 Permit may be subject to modification by the General Manager during the term of the permit as
8 limitations or requirements are modified or added or due to other just causes including,but not
9 limited to:
10
11 A. To incorporate any new or revised federal,state,or local pretreatment standards
12 or requirements;
13
14 B. To address significant alterations or modifications to the User's operation,
15 processes,or wastewater volume or character since the time of the Wastewater Discharge Permit
16 issuance;
17
18 C. A change in the OCSD's POTW that requires either a temporary or permanent
19 reduction or elimination of the permitted discharge. Reasonable time frames for compliance
20 will be used for Users affected by the change(s);
21
22 D. The permitted wastewater discharge poses a threat to the OCSD's POTW,
23 SAWPA personnel, contract employees,the public,or receiving waters;
24
25 E. Violation of any term or condition of the Wastewater Discharge Permit;
26
27 F. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater
28 Discharge Permit application or in any required reporting; or
29
30 G. To correct typographical or other errors in the Wastewater Discharge Permit.
31
32 Any modifications in the permit shall include a reasonable time schedule for compliance, if
33 necessary.
34
35 407.0 NO PERMIT TRANSFER OR ASSIGNMENT. Wastewater discharge permits are
36 issued to a specific User for a specific operation for a specified time. No Wastewater Discharge
37 Permit shall be assigned, transferred, pledged or sold to a new owner, new User, or different
38 premises.The permit is void if an attempt is made to assign,transfer,pledge or sell the permit to
39 a new owner,new User, or a different premise.
40
41 408.0 WASTEWATER DISCHARGE CONTRACT CAPACITY RIGHTS. Except as
42 otherwise provided in Section 409.0 below, no User shall exceed its wastewater discharge
43 capacity right into the Brine Line or tributaries thereto. Whenever a User's monthly average
44 flow exceeds the User's Wastewater Discharge Permit capacity right,the User shall notify the
45 appropriate Member Agency or Contract Agency and SAWPA within five(5)calendar days of
46 discovering the exceedance. If the monthly average flow exceedance is an isolated event,then
-40-
1 the User shall be liable for costs incurred with the additional wastewater discharge in excess of
2 the purchased discharge capacity right. If the daily exceedance is a necessary part of the User's
3 business activities, then the User shall, within five (5) calendar days, make application to
4 acquire and pay for sufficient additional wastewater discharge capacity right in the Brine Line or
5 tributaries thereto which shall be retroactive to the date of the exceedance. The additional
6 purchased capacity right shall result in a wastewater discharge capacity right that exceeds the
7 User's daily flow by ten(10)percent or as approved by the General Manager. Any User who
8 fails to purchase the additional wastewater discharge capacity right when required shall be
9 subject to enforcement actions.
10
11 409.0 OPERATIONAL EMERGENCY DISCHARGE.Notwithstanding the provisions of
12 Section 408.0 above,if due to an operational emergency,a User must discharge in excess of its
13 existing wastewater discharge capacity right,then,after providing the General Manager with at
14 least two(2)business days advance notice if practicable,the User may do so for a period not to
15 exceed one-hundred eighty(180)days without incurring the obligation to purchase an additional
16 wastewater discharge capacity right,provided that the User fully complies with the provisions of
17 this Section, this Ordinance, permit conditions at all times, and pays for such discharge as
18 determined by the General Manager.
19
20 A. As used herein,"Operational Emergency",shall mean an equipment breakdown
21 or other malfunction which causes the User to discharge in excess of its existing treatment and
22 disposal capacity right in the Brine Line.
23
24 B. Prior to or by the next business day following the commencement of the
25 emergency discharge the User shall provide written notice to the General Manager identifying:
26
27 1. The nature of the emergency requiring the excess discharge;
28
29 2. The anticipated duration of the excess discharge; and
30
31 3. The name of the user's employee whom the General Manager may contact
32 for further information.
33
34 C. The General Manager may order that such emergency discharges cease
35 immediately or impose on the Discharger such requirements as the General Manager deems
36 appropriate and necessary to protect SAWPA's facilities and interest,including the Brine Line
37 and tributaries thereto, and OCSD's POTW.
38
39 D. User shall pay to SAWPA a surcharge on the flow exceeding the User's existing
40 wastewater discharge capacity right, in addition to the payment of the volumetric, BOD and
41 TSS charges for the entire daily flow. The surcharge shall be applied to the excess flow,BOO
42 and TSS and be calculated using the rate established annuallyby Resolution of the Commission.
43
44 E. If upon expiration of the one hundred eighty (180)day period the User's daily
45 flow continues to exceed the User's existing wastewater discharge capacity right,then the User
46 shall immediately acquire additional increments ofwastewater discharge capacity tight pursuant
-41-
1 to Section 408.0 of this Ordinance.
2
3 F. A User causing or making an Operational Emergency Discharge shall be liable
4 for any surcharges, fees, fines, penalties, damages, legal expenses, attorney's fees,
5 administrative and overhead costs, and other direct or indirect costs incurred by SAWPA as a
6 result of such discharge.
7
8 410.0 LIQUID WASTE HAULER PERMITS. Prior to discharging any wastewater to the
9 Brine Line or tributaries thereto, Users hauling and disposing of wastewater to a Collection
10 Station must apply for and obtain a separate liquid waste hauler permit. This permit is separate
11 and in addition to the Wastewater Discharge Permit required for each wastewater Indirect
12 Discharger or Generator. Liquid waste hauler permits are issued by the SAWPA General
13 Manager in accordance with Sections 401 and 402; after all required permit application
14 information,insurance,and fees are provided.Additional liquid waste hauler requirements are
15 defined in Section 509.0. All liquid waste haulers shall comply with all permit requirements
16 and conditions,permitting and disposal procedures as established by this Ordinance,and pay all
17 applicable fees established by resolution. All liquid waste haulers shall obtain all other
18 applicable permits required by city,county or state agencies. All liquid waste haulers shall also
19 abide by the following requirements and conditions:
20
21 A. Hauling and disposing of wastewater only to a designated and authorized Brine
22 Line Collection Station for permitted liquid waste haulers shall be established by SAWPA.
23
24 B. Liquid waste haulers seeking a permit to use SAWPA's Brine Line Collection
25 Stations shall complete and file with the General Manager a Liquid Waste Hauler Permit
26 application provided by SAWPA. This application may require the following information:
27
28 1. Name, address, and phone number of the liquid waste hauler.
29
30 2. Number of vehicles, gallon capacity of each vehicle, license plate of each
31 vehicle,tanker and trailer,ownership,make and model of all vehicles that are operated
32 by the hauler for purposes of hauling liquid wastes.
33
34 3. Person to contact regarding the information contained in the application.
35
36 4. The name and policy number of the insurance carrier and bonding company.
37 The Liquid Waste Hauler Company must carry the following insurance to be permitted
38 by SAWPA: a) General Liability of$1,000,000 per each occurrence and $2,000,000
39 General Aggregate;b)Commercial Auto Insurance of$1,000,000 combined single limit;
40 c)Workers Compensation of$1,000,000 per each accident;and d)Pollution Liability of
41 $1,000,000. Such liability insurance shall be in a form and with liability limits and
42 deductible satisfactory to the General Manager and such liability insurance requirements
43 shall be included in the permit issued to the liquid waste hauler. Separate Pollution
44 Liability insurance is not required if specifically covered by other liability policies.
45
46 5. The name(s), address(es), telephone number(s), and descriptions(s) of the
-42-
1 industries or clients contracting the liquid waste hauler to transport their wastewater to
2 the Brine Line Collection Station.
3
4 6. Authorized representative and signature.
5
6 7. Other information as may be required by the General Manager.
7
8 C. All liquid waste haulers shall obtain a Liquid Waste Hauler Permit from SAWPA
9 prior to discharging to the Brine Line or tributaries thereto. Liquid Waste Hauler Permits shall
10 be issued for a period of up to two (2) years. All terms and conditions of the permit may be
11 subject to modification and change by the General Manager at any time during the duration of
12 the permit. The liquid waste hauler permit may include the following:
13
14 1. Business name, address,and phone number.
15
16 2. Restrictions on discharge times and compliance with operating hours for
17 designated Collection Station.
18
19 3. Conditions upon which permit revocation, suspension, or termination can
20 occur.
21
22 4. Consent to enter the User's premises to assess compliance with permit
23 requirements and conditions and this Ordinance by inspection and records examination;
24
25 5. Permit number.
26
27 6. Record keeping and reporting requirements.
28
29 7. Compliance with applicable rules and regulations of this Ordinance and the
30 Riverside County Health Department, San Bernardino County Health Department, or
31 other county having jurisdiction regarding cleanliness, sanitary conditions, and liquid
32 waste hauler vehicle requirements.
33
34 8. Requirements to notify the General Manager immediately of any unusual
35 circumstances observed during liquid waste pumping operations.
36
37 9. Other conditions, limitations or prohibitions deemed appropriate by the
38 General Manager, including pollutant discharge limitations or local limits.
39
40 D. Permits to use the Brine Line Collection Stations of SAWPA are subject to all
41 applicable provisions of this Ordinance.
42
43 E. Liquid wastes disposed of at SAWPA's Brine Line Collection Stations shall be
44 subject to sampling and analysis to determine compliance with all applicable provisions of this
45 Ordinance. The sampling shall be performed or supervised by authorized personnel of SAWPA
46 or SAWPA's duly authorized designees and shall be taken at any time during the delivery of the
-43-
1 load, including prior to the discharge of the load from the liquid waste hauler to SAWPA's
2 Brine Line Collection Stations. If the wastes are found to be unacceptable, the liquid waste
3 hauler may be liable for all costs associated with the inspection, sampling, and analysis. The
4 General Manager may reject a load and deny disposal if the wastewater or required
5 documentation does not comply with the provisions of this Ordinance or the liquid waste
6 hauler's permit.
7
8 F. If the liquid waste hauler transports both industrial wastes and domestic wastes,
9 the liquid waste hauler shall remove all domestic waste contamination from the interior of the
10 vacuum tank prior to removing any industrial wastes from a permitted site.
11
12 G. The General Manager may deny the issuance of a liquid waste hauler permit on
13 any of the following conditions:
14
15 1. The applicant knowingly falsified information on the application or any
16 document required by the application;
17
18 2. The applicant's previous liquid waste hauler permit is under suspension or
19 probation or has been otherwise revoked; or
20
21 3. The applicant is not current on all disposal and permit related reports,
22 insurance, and payment of fees.
23
24 H. In the event a liquid waste hauler permit application is denied, the General
25 Manager shall notify the applicant in writing of such denial and the appeal procedures. Such
26 notification shall state the grounds for such denial and necessary actions that must be taken by
27 the applicant prior to the issuance of a permit.
28
29 I. All liquid waste hauler permits issued to any Person may be revoked,suspended
30 or entered into a probationary period upon a finding by the General Manager that any of the
31 following conditions exist:
32
33 1. Such Person or representative thereof failed to present for inspection the
34 permit's generator discharge authorization table upon request by an authorized
35 representative or employee of SAWPA;
36
37 2. Such Person or representative thereof has changed, altered or otherwise
38 modified the face of a permit or authorization document without the permission of the
39 General Manager;
40
41 3. Such Person or representative thereof has violated any condition of the
42 permit;
43
44 4. Such Person or representative thereof has falsified any application,record,
45 report or monitoring results required to be maintained, or has failed to make them
46 immediately available to the General Manager upon request or has withheld required
-44-
1 information,such Person or representative thereof has filed documents with falsified or
2 repeatedly incorrect information;
3
4 5. Such Person or representative thereof failed to halt immediately the discharge
5 from his or her truck into SAWPA's designated disposal site upon the order of any
6 authorized SAWPA employee;
7
8 6. Such Person or representative thereof discharged or attempted to discharge a
9 hazardous waste or material into SAWPA's designated discharge site;
10
11 7. Such Person or representative thereof discharged or attempted to discharge
12 domestic waste into SAWPA's designated discharge site;
13
14 8. Such Person or representative thereof has done physical violence or harm to
15 any SAWPA employee,authorized representative,or contract employee;
16
17 9. Such Person or representative thereof has made threatening remarks or
18 threatening acts towards any SAWPA employee,authorized representative,or contract
19 employee.
20
21 J. Any liquid waste hauler permit which has been revoked, suspended or entered
22 into probation pursuant to this Section maybe reinstated upon a finding by the General Manager
23 that the condition which resulted in such revocation no longer exists.
24
25 K. Upon determination of a violation of this Ordinance or the conditions of a liquid
26 waste hauler permit,the permittee shall be subject to the enforcement actions set forth in Article
27 6 of this Ordinance,or as is otherwise contained in the liquid waste hauler permit as necessary
28 to protect the Brine Line or tributaries thereto, OCSD's POTW, the public, the environment,
29 SAWPA employees, authorized representatives,or contract employees.
30
31 L. Suspension and periods ofprobation maybe imposed by the General Manager for
32 any length of time,up to one year.
33
34 411.0 COLLECTION STATIONS.Nothing in this Ordinance precludes the use of an alternate
35 Collection Station in the event of an emergency or planned maintenance activity that disrupts
36 service provided at the primary Collection Station.
37
38 412.0 GROUNDWATER, SURFACE RUNOFF, OR SUBSURFACE DRAINAGE.
39
40 A. The discharge of groundwater,surface runoff,or subsurface drainage directly or
41 indirectly to the Brine Line is prohibited unless determined by the General Manager, at his or
42 her sole discretion, that there is no alternative method of disposal reasonably available and to
43 mitigate an environmental risk or health hazard.
44
45 B. All Users having outdoor areas which allow wastewater and stormwater to enter
46 a common opening connected to the Brine Line or tributaries thereto shall install and maintain,
-45-
1 at the User's expense,a stormwater diversion valve in the common opening.
2
3 1. The stormwater diversion valve design and use shall be reviewed and
4 approved by the General Manager prior to installation.
5
6 2. The valve shall allow wastewater to enter the Brine Line or tributaries thereto
7 during dry weather and prevent stormwater from entering the Brine Line or tributaries
8 thereto during periods of inclement weather.The valve shall be operated and maintained
9 by the User per the permit requirements.
10
11 3. Unless permitted to do so in accordance with subparagraph(A)hereof, no
12 User shall allow wastewater and stormwater to mix.
13
14 C. Applications for consideration under subparagraph(A)shall be submitted to the
15 General Manager and shall include all information deemed necessary by the General Manager.
16 Information may include but is not limited to:
17
18 1. Completed permit application.
19
20 2. Detailed site information including but not limited to structure locations,
21 pavements,grades, storm drain facilities,hydrologic calculations.
22
23 3. Documentation justifying a need to discharge surface runoffto the Brine Line
24 or tributaries thereto to prevent surface and subsurface water contamination.
25
26 4. A description of the facilities to be provided and required operation and
27 maintenance by the User to prevent the pollution of stormwater by industrial waste and
28 waste generated by the User.
29
30 413.0 WASTEWATER FROM OUTSIDE THE SAWPA INLAND EMPIRE BRINE
31 LINE SERVICE AREA.
32
33 Any Generator outside of SAWPA's Inland Empire Brine Line service area proposing to
34 discharge wastewater at a Brine Line Collection Station must first obtain approval from
35 SAWPA's Commission and OCSD's general manager before a permit may be issued to
36 discharge under this Ordinance. Such approval will be on a case-by-case basis and at the sole
37 discretion of the Commission and OCSD.If such approval is provided,in addition to any other
38 conditions imposed by the SAWPA's Commission and the OCSD's general manager, the
39 Generator shall comply with the following conditions:
40
41 1. An interagency agreement to accept such waste between SAWPA,a Member
42 Agency or a Contract Agency and the sewer agency from where the waste is generated
43 will be executed.The agreement will specifically allow the Member Agency or Contract
44 Agency to issue a permit and conduct the Pretreatment Program at the Generator's site.
45
46
-46-
1 2. Written site access authorization shall be provided by the Generator to
2 SAWPA,the Member Agency or the Contract Agency for site inspections.
3
4 3. The Generator shall have a contract with a SAWPA permitted Liquid Waste
5 Hauler.
6
7 Except for an emergency, a threat to the health, safety and welfare of the community or
8 SAWPA,or a failure to comply with, or a violation of,this Ordinance and related resolutions,
9 SAWPA will endeavor to provide ninety(90)days advance written notice prior to terminating a
10 discharge permit issued to a Generator located outside the Inland Empire Brine Line Service
11 Area. The General Manager may terminate or revoke a permit issued under this subsection as
12 provided in this Ordinance.
13
14 Subject to applicable legal requirements,the rates charged to the Generator may be adjusted by
15 SAWPA as necessary to recover costs incurred.Permit and disposal fees for Generators and/or
16 Liquid Waste Hauler Permittees are determined by SAWPA Commission resolution.
17
18
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1 ARTICLE 5
2 MONITORING,REPORTING,INSPECTION AND FACILITIES REQUIREMENTS
3
4 501.0 MONITORING AND REPORTING.
5
6 A. At the direction and discretion of the General Manager, any User discharging
7 wastewater directly or indirectly into the Brine Line or tributaries thereto, shall be required to
8 install sampling station(s) and measuring device(s) to measure the quality and quantity of
9 wastewater discharged. These measuring devices may include but are not limited to: flow
10 meters and recorders,pH meters and recorders,and electrical conductivity meters and recorders,
11 and process water meters.
12
13 B. The sampling station and/or measuring device shall be provided by the User in
14 compliance with this Ordinance and all applicable building,plumbing,and construction codes.
15 Monitoring or metering facilities may be required to have a security closure that can be locked
16 with a SAWPA lock during sampling and monitoring. Construction shall be completed within a
17 reasonable time frame as required in written notification from the General Manager.
18
19 C. The General Manager shall have the absolute right to install temporanlyupon the
20 User's property such devices as are necessary to conduct wastewater sampling, compliance
21 monitoring or metering operations.
22
23 D. No User shall interfere with, delay, resist, or refuse entrance by authorized
24 SAWPA personnel or contract employees or authorized OCSD personnel installing wastewater
25 monitoring equipment on the User's property. Any permanent or temporary obstruction of easy
26 access to the sampling,monitoring,or metering locations shall be immediately removed by the
27 User or property owner at the written or oral request of the General Manager and shall not be
28 replaced.
29
30 E. The sampling station or measuring devices shall be maintained for continuous
31 sampling or metering. The measuring devices shall be calibrated as often as necessary to ensure
32 accurate measurements according to manufacturer's specifications. All maintenance and
33 calibration work shall be performed at the User's expense.
34
35 F. All Users that are required to install and maintain monitoring equipment shall
36 immediately report to SAWPA and the Member Agency or the Contract Agency the failure of
37 such equipment. The immediate notification may be accomplished by a telephone call,
38 electronic mail, telefax transmission,personal visit to SAWPA or the Member Agency or the
39 Contract Agency, or a hand delivered notification to SAWPA or the Member Agency or the
40 Contract Agency. A written report documenting the cause of the failure and the corrective
41 actions taken shall be submitted to the General Manager within five(5)days of discovering the
42 failure.
43
44 G. All Users that are required to self-monitor shall have all samples collected and
45 analyzed and reported according to 40 CFR 403.12(g))and amendments thereto. Samples shall
46 be collected and analyzed during the period covered by the report and shall be representative of
-48-
1 conditions occurring.
2
3 1. Except as indicated in 2 and 3 below, the User shall collect wastewater
4 samples using 24-hour time proportional composite samples. Time proportional
5 composite sampling or grab sampling, must be representative of the discharge.
6
7 2. Samples for oil and grease,temperature,pH,cyanide,total phenols,sulfides
8 and volatile organic compounds must be obtained using grab collection techniques.
9
10 3. For sampling required in support of baseline monitoring and 90-day
11 compliance reports,a minimum of four(4)grab samples must be used for pH,cyanide,
12 total phenols, oil and grease, sulfide and volatile organic compounds for facilities for
13 which historical sampling data do not exist.For facilities for which historical sampling
14 data are available a reduced number of samples may be allowed. For self-monitoring
15 sampling,the User is required to collect the number of grab samples necessary to assess
16 and assure compliance with the limits.
17
18 H. All pollutant sampling techniques and analyses, to be submitted as part of a
19 discharge application or self-monitoring report shall be performed in accordance with the
20 techniques in 40 CFR Part 136 and amendments thereto unless otherwise prescribed in a
21 categorical pretreatment standard or in the User's Wastewater Discharge Permit.
22
23 I. All Users that are required to self-monitor shall submit and certify all records of
24 sampling that include the following information and documents:
25
26 1. The date, sampling location, method, and time of sampling(including the
27 time for each grab whether or not they are later composited into one or more samples)
28 and the names of the person or persons taking the samples;
29
30 2. The dates the analyses were performed;
31
32 3. Who performed the analyses;
33
34 4. The analytical techniques/methods used;
35
36 5. The results of such analyses;
37
38 6. A copy of the laboratory sample analysis sheet; and
39
40 7. A copy of the chain-of-custody form
41
42 These records shall remain available for a period of three (3) years. This period shall
43 automatically be extended for the duration of any litigation concerning the User,or where the
44 User has specifically been notified of a longer retention period by the General Manager.
45
46 J. All permitted Users that take more than one grab sample in a 24-hour period to
-49-
1 demonstrate compliance with oil and grease shall comply with the following conditions:
2
3 1. No single oil and grease grab sample shall exceed the User's permitted
4 instantaneous maximum limit for oil and grease at any time.
5
6 2. The average result from all individual oil and grease grab samples taken in a
7 twenty-four hour period shall not exceed the User's permitted limit for oil and grease.
8
9 K. All Users that are required to self-monitor shall report pollutant violations in any
10 required wastewater sample to the General Manager within 24 hours of becoming aware of the
11 violation.The reporting may be accomplished by a telephone call,electronic mail sent to a pre-
12 approved list of electronic mail addresses,telef of transmission, or a personal visit to SAWPA
13 and a Member Agency or a Contract Agency. The violation reporting shall contain the date and
14 time of the wastewater sample,the discharge flow rate or volume represented by the sample,a
15 possible explanation for the violation(s),proposed corrective action,and the date scheduled for
16 the required resample. Failure to report pollutant violations as stated shall constitute a violation
17 of this Ordinance and may subject the User to enforcement actions.
18
19 L. Any sample collected from a sample box,designated sampling station or other
20 representative sampling location shall be considered representative ofthe wastewater discharged
21 to the Brine Line or tributaries thereto.
22
23 M. All Users that are required to have flow measurement are required to take daily
24 24 hour readings of their wastewater effluent flow. The User shall report exceedances of their
25 daily permitted flow within 24 hours of discovering the violation. The reporting may be
26 accomplished by a telephone call,electronic mail sent to a pre-approved list of electronic mail
27 addresses,telefax transmission,or a personal visit to SAWPA,or a hand delivered notification
28 to SAWPA. The flow exceedance report shall have the total flow, the reason for the flow
29 exceedance,and the name of the person reporting the flow exceedance.This report shall also be
30 in compliance with Article 4 of this Ordinance. Failure to report flow exceedances as stated
31 shall constitute a violation of this Ordinance and may subject the User to enforcement actions.
32
33 N. All Users that have pollutant violations are required to resample their wastewater
34 discharge for the pollutant in violation. This resampling is required and is separate and
35 independent of any wastewater sampling performed by SAWPA or routine self-monitoring
36 required by the Wastewater Discharge Permit. All resamples shall be obtained and analyzed
37 according to 40 CFR 403.12(g). All laboratory analyses shall be performed by a laboratory
38 certified by the State of California, Department of Public Health, Environmental Laboratory
39 Accreditation Program as being competent to perform the pollutant analyses requested. The
40 laboratory results from this resample and all required forms shall be submitted to the General
41 Manager no later than thirty (30) days after the User discovers or becomes aware of the
42 violation. Failure to submit the laboratory results within the 30-day requirement will result in
43 enforcement action.Failure to submit the required report within forty five(45)days of the due
44 date results in a determination of Significant Noncompliance (SNC) for the User.
45
46
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1 O. All Users, whose wastewater discharge is monitored by SAWPA, shall be
2 responsible for all resampling requirements contained in part (N) of this Section when a
3 pollutant violation is detected. SAWPA shall notify the User of the resampling requirements by
4 a telephone call,electronic mail sent to a pre-approved list of electronic mail addresses,telefax
5 transmission, or personal visit within twenty-four hours of confirming a pollutant or flow
6 violation.
7
8 P. All Users that desire to conduct their own wastewater sampling in lieu of a
9 certified contract laboratory shall submit a written plan describing the equipment used,
10 equipment cleaning methodology,employee training,sample preservation methods,and chain of
11 custody procedures. The User's wastewater sampling plan shall be approved by the General
12 Manager prior to the implementation of the plan. Any sample taken by a User without an
13 approved plan or from an unapproved laboratory shall not be valid,and may subject the User to
14 enforcement actions.
15
16 Q. All Users monitoring theirwastewater discharge forpollutants and characteristics
17 required for determining SAWPA use charges shall submit the sample results in the form of
18 self-monitoring reports as required in their Wastewater Discharge Permit. The frequency of
19 sampling,analysis,and reporting shall be set forth in the User's Wastewater Discharge Permit.
20 The analyses of the sample pollutants and characteristics shall be at the sole expense of the User.
21 Only sample analyses approved or performed by SAWPA shall be used in the determination of
22 the SAWPA use charge.
23
24 R. The User shall submit a written Contingency Plan that details alternatives to
25 discharging wastewater to the Brine Line during emergency situations in accordance with
26 Section 520.0.F of this Ordinance and the User's approved Waste Discharge Permit.
27
28 502.0INSPECTION.
29
30 A. The General Manager shall inspect the facilities of any Userusing the Brine Line
31 or tributaries thereto to ascertain whether all requirements of this Ordinance are being met.
32 Persons on the premises shall allow the General Manager and authorized OCSD personnel ready
33 access at all reasonable times to all parts of the premises for the purpose of inspection,sampling,
34 and records examination.
35
36 B. The User shall ensure that there is always a person on site, during normal
37 business hours, knowledgeable of the User's processes and activities to accompany the duly
38 authorized SAWPA representative(s)during the inspection.
39
40 C. The User shall provide immediate access when an emergency exists,regardless
41 of the hour of the day.
42
43 D. All pretreatment equipment shall be immediately accessible at all times for the
44 purpose of inspection. At no time shall any material,debris,obstacles or obstructions be placed
45 in such a manner that will prevent immediate access to the pretreatment equipment.
46
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1 E. No Person shall interfere with, delay, resist or refuse entrance to the General
2 Manager when attempting to inspect any facility involved directly or indimetlywith a discharge
3 of wastewater to the Brine Line or tributaries thereto.
4
5 F. Where a User has security measures in force which would require proper
6 identification and clearance before entry into the premises, the User shall make all necessary
7 arrangements with the User's security personnel so that, upon presentation of suitable
8 identification,personnel from SAWPA or duly authorized personnel from SAWPA or OCSD
9 will be permitted to enter, without delay, for the purpose of performing their specific
10 responsibilities.
11
12 G. The User shall make available for copying by the General Manager all records
13 required to be kept under the provisions of this Ordinance.
14
15 503.0 INSPECTION WARRANTS. If the General Manager has been refused access to a
16 building,structure,or property,or any part thereofwith a wastewater discharge to the Brine Line
17 or tributaries thereto,and is able to demonstrate cause to believe that there maybe a violation of
18 this Ordinance, or that there is a need to inspect or sample the User's facilities as part of a
19 routine inspection and sampling program of SAWPA designed to verify compliance with this
20 Ordinance or anypermit or order issued hereunder,or to protect the overall public health,safety
21 and welfare of the community, then the General Manager may seek issuance of an inspection
22 warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section
23 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency
24 affecting the public health or safety, an inspection may be performed without consent or the
25 issuance of a warrant.
26
27 504.0 RECORD KEEPING. All Users shall keep records of waste hauling, reclamations,
28 wastewater pretreatment,monitoring device recording charts and calibration reports, effluent
29 flow, and sample analysis data and any documentation associated with Best Management
30 Practices established on the site of the wastewater generation. All these records are subject to
31 inspection and shall be copied as needed. All records must be kept on the site of wastewater
32 generation for a minimum period of three years. The records retention period maybe extended
33 beyond three years in the event criminal or civil action is taken or an extensive company history
34 is required.
35
36 505.0 FLOW MEASUREMENT.All Direct Dischargers shall install a continuous monitoring
37 flow meter capable of measuring industrial wastewater discharged to the Brine Line or
38 tributaries thereto. The User shall maintain an effluent flow log sheet and record the effluent
39 flow on a daily basis. The flow measurement device shall conform to standards issued by the
40 General Manager. The User shall report to the General Manager the type and size of the flow
41 meter. The flow meter shall be equipped with a non-resetting flow totalizer. All flow meters
42 shall be calibrated as often as necessary,but at no less frequent than annually. All new meters
43 shall be selected and installed to ensure accuracy of the actual flow discharged within plus or
44 minus two (2)percent as determined at the time of calibration. All existing and replacement
45 meters shall ensure an accuracy of the actual flow discharged within plus or minus five (5)
46 percent. All flow meter installations shall have posted in a conspicuous place,the flow meter's
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1 size, type, totalizer units, and flow multipliers. The User shall immediately report to the
2 General Manager any flow meter malfunction or anomaly, and shall not attempt to repair or
3 replace the meter without the General Manager's prior written approval.
4
5 A. Flow Measurement System Design and Installation
6
7 1. Design. Design of flow measurement installations shall be performed under
8 the supervision of a California registered professional engineer of suitable discipline
9 competent in this field. Design and construction drawings and calculations shall be
10 stamped with the authorized seal of the supervising professional engineer and signed in
11 accordance with state law, to indicate review and approval of the work. Detailed
12 construction drawings for any new or significantly modified discharge flow
13 measurement system must be submitted for approval prior to any construction. These
14 drawings must show relevant slopes, elevations and locations of piping, types and
15 locations of instrumentation, details of flow measurement elements, estimated flow
16 range (maximum, minimum and average), and details of upstream and downstream
17 piping, structures, and devices which could influence flow conditions. Manufacturer's
18 calculations,catalog cuts and data sheets must be included with construction drawings
19 for any manufactured equipment to be installed as part of the flow measurement system.
20 Complete rating data and calculations shall be submitted for any engineered flow
21 measurement device.
22
23 2. Primary Measurement Devices. Both open channel (flume, weir) and
24 closed-pipe(magnetic)flow measurement systems are acceptable.Magnetic flow meters
25 are preferred for industries that have difficulty maintaining open channel flow
26 measurement.Any flow measurement element that is adversely affected by wastewater
27 characteristics is prohibited.Flow measurement devices shall be installed downstream
28 of final pretreatment facilities and as close as possible to the point of connection with
29 the Brine Line. Above-ground flow measurement installations may require a platform
30 for automatic samplers so that the top of the sampler will be higher than the water level
31 in the primary element.Because it is difficult to set automatic samplers for pressurized
32 closed pipe systems,use of a well-mixed side stream through an open channel device
33 (i.e. a sample box) may be required. To function correctly, flumes and weirs must be
34 properly installed in accordance with dimensional specifications.Additionally,flumes
35 must be set level with smooth joints where the influent pipe meets the maintenance
36 access structure or vault channel. To ensure accuracy of an open channel flow
37 measurement system, the upstream channel must be designed to prevent excessive
38 velocity and turbulence, while the downstream channel must be designed to prevent
39 excessive submergence and backflow.
40
41 3. Any additional monitoring equipment must not adversely affect hydraulics of
42 the open channel element.All open channel installations below grade must be directly
43 beneath the vault or maintenance access structure access cover to facilitate inspections
44 and field checks. All open channel installations at or above grade must have a staff
45 gauge for accuracy checks. Closed pipe meters must be appropriate for the type of
46 wastewater and range of flow rates,and must be installed to flow full at all times
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1 506.INTERCEPTOR REQUIREMENTS.All Users required to install a gravity separation
2 interceptor shall comply with the following conditions:
3
4 A. All interceptor chambers shall be immediately accessible at all times for the
5 purpose of inspection,sampling,cleaning,and maintenance. The User shall provide a separate
6 ring and cover for each separate interceptor chamber and any additional covers to insure
7 adequate cleaning capabilities. All rings shall be affixed to the interceptor to insure a gas and
8 water tight seal. At no time shall any material,debris,obstacles or other obstructions be placed
9 in such a manner that will prevent immediate access to the interceptor.
10
11 B. Any interceptor legally and properly installed before August 21, 2007, the
12 effective date of Ordinance No. 5 shall be acceptable as an alternative to the interceptor
13 requirements of this Ordinance. The interceptor shall be effective in removing floatable and
14 settleable material and shall be immediately accessible for inspection,sampling,cleaning,and
15 maintenance.
16
17 C. All drains and openings connected to an approved gravity separation interceptor
18 shall be equipped with screens or devices which will exclude from the wastewater discharge all
19 material and particles with a cubic dimension greater than one-half(1/2)of an inch.
20
21 D. All gravity separation interceptors shall be equipped with an influent tee
22 extending no more than six inches below the operating fluid level of the interceptor. The
23 interceptor shall also have tees extending to within 12 inches of the bottom at the exit side of
24 each chamber in the interceptor,including the final chamber. In a case where a manufacturer's
25 engineered interceptor design is contrary to this requirement,the General Manager shall review
26 the design and either approve or deny an exemption to this requirement.
27
28 E. All interceptors shall be equipped with a sample box or sample wye as
29 determined by the General Manager.
30
31 F. No User shall install or use any elbows or tees in any interceptor sample box.
32
33 G. If the General Manager finds that an interceptor is incapable of adequately
34 retaining Bearable and settleable material in the wastewater flow,is structurally inadequate or is
35 undersized for the facility,the General Manager shall reject such interceptor and declare that the
36 interceptor does not meet the requirements of this Section. The User shall thereupon be required
37 to install, at the User's expense, an interceptor that is acceptable to the General Manager.
38
39 507.0 STANDARD INTERCEPTOR DESIGNS.The General Manager will maintain a file,
40 available to the public, of suitable designs of gravity separation interceptors. This file will be
41 for informational purposes only and shall not provide or imply any endorsements of any kind.
42 Installation of an interceptor of a design shown in this file, or of any design meeting the size
43 requirements set forth in this Ordinance shall not subject SAWPA to any liability for the
44 adequacy of the interceptor under actual conditions of use. The User shall not be relieved of the
45 responsibility for keeping floatable and settleable material out of the Brine Line or tributaries
46 thereto.
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1 508.0 INTERCEPTOR MAINTENANCE.
2
3 A. Any User who owns or operates a gravity separation interceptor shall properly
4 maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to
5 ensure that sediment and floating materials do not accumulate to impair the efficiency of the
6 interceptor and odors do not accumulate which would cause a public nuisance. An interceptor is
7 not considered to be properly maintained, if for any reason the interceptor is not in good
8 working condition or if the operational fluid capacity has been reduced by more than 25%by the
9 accumulation of floating material, sediment, oils or greases.
10
11 B. The use of chemicals or other materials for the emulsification, suspension, or
12 dissolution of oil and grease is prohibited.
13
14 C. The use of microbiological agents to metabolize oil and grease or other
15 constituents, shall be reviewed for approval on a case-by-case basis. The User shall submit a
16 written request to the General Manager for the use of a microbiological agent prior to the use of
17 that agent.
18
19 D. When an interceptor is cleaned, the removed sediment, liquid and floating
20 material shall be legally disposed of other than to the Brine Line or tributaries thereto and shall
21 not be reintroduced into the interceptor or discharged into another interceptor at another location
22 not designed and permitted to accept such waste.
23
24 E. If the interceptor is not maintained adequately under the conditions of use,the
25 interceptor may be resized and the User shall install one that is effective in accomplishing the
26 intended purpose.
27
28 F. The User required to install an interceptor, is liable for any failure to properly
29 maintain such interceptor.
30
31 509.0 LIQUID WASTE HAULERS.All liquid waste haulers shall complywith all permitting
32 and disposal procedures as established by this Ordinance and pay all applicable fees established
33 by resolution. All liquid waste haulers shall obtain all other applicable permits required by city,
34 county or state agencies. All liquid waste haulers shall also abide by the following requirements
35 and conditions:
36
37 A. If any liquid waste hauler's load is determined to be hazardous pursuant to
38 applicable federal, state, or local regulations, then the liquid waste hauler shall be required to
39 remain at SAWPA's Brine Line Collection Station. The liquid waste hauler shall then make
40 arrangements for the legal disposal of the load. If the liquid waste hauler refuses to remain on
41 site,the General Manager shall notify the appropriate law enforcement agency to respond to this
42 violation.
43
44 B. Prior to any discharge to a SAWPA Brine Line Collection Station,all liquid waste
45 manifest forms shall be completed in full,approved and signed by SAWPA's General Manager
46 or his/her designated representative,or otherwise approved by an automated attendant before any
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I load is allowed to be discharged into SAWPA's Brine Line Collection Station. Brine Line
2 Collection Stations with less than full time staffing shall be provided with appropriate and
3 SAWPA-approved automation and procedural safeguards as specified in the disposal site permit
4
5 C. Falsification by a liquid waste hauler of any information in any permit
6 application,hauler's report or manifest,or correspondence shall be a violation of this Ordinance
7 and may result in termination,revocation or suspension of the liquid waste hauler permit and all
8 discharge privileges.
9
10 D. All reports and records required to be retained by this Ordinance, shall be
11 retained for a minimum of three years and shall be made available to the General Manager
12 immediately upon request.
13
14 E. All liquid waste haulers shall pay all applicable fees and charges. Failure to pay
15 any applicable fee or charge shall be a violation of this Ordinance and shall be cause for the
16 General Manager to suspend all waste discharge privileges until all applicable fees and charges
17 have been paid.
18
19 F. Contents of septic tanks,seepage pits,cesspools,or any other similar receptacles,
20 which contain no industrial waste, shall not be disposed of at SAWPA's Brine Line Collection
21 Station.
22
23 G. All liquid waste haulers operating within SAWPA's jurisdiction or tributaries
24 thereto, shall provide documentation as to the origin of the wastes hauled prior to discharging
25 into SAWPA's Brine Line Collection Stations. The origin of the waste means the physical
26 address from where the wastes were generated and,if different,the physical address from where
27 the wastes were obtained.
28
29 H. If the waste hauled by a liquid waste hauler is found unacceptable for discharge
30 into a SAWPA Brine Line Collection Station and is not classified as hazardous,then the liquid
31 waste hauler shall dispose of the wastes at a non-SAWPA legal disposal site. The liquid waste
32 hauler shall provide SAWPA with a copy of the waste hauler's manifest documenting the legal
33 disposal of the rejected wastes within fourteen(14)days from the date the waste was rejected.
34 As an alternative,the liquid waste hauler may return the rejected waste to the generator of such
35 rejected wastes for additional pretreatment,and the liquid waste hauler may return to a SAWPA
36 Brine Line Collection Station or another legal disposal site for discharge.The waste hauler shall
37 also provide SAWPA with a manifest documenting such alternative action. Failure to provide
38 verifiable documentation shall constitute a violation of this Ordinance and may result in
39 termination, revocation or suspension of the liquid waste hauler permit and all discharge
40 privileges.
41
42 I. No liquid waste hauler shall use any temporary, stationary, or mobile liquid
43 storage device in an attempt to mix or dilute any rejected load in order to achieve
44 compliance.
45
46
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1 1. Except as allowed in Section 509, Paragraph H., no liquid waste hauler shall
2 dispose of any rejected load into any septic tank,cesspool, seepage pit or similar devices, any
3 grease interceptor or trap, any storm drain, any collection system opening except those
4 authorized in writing by the General Manager, or return the rejected load back to the site of
5 origin
6
7 K. Liquid waste haulers are prohibited from discharging domestic waste into the
8 Brine Line or tributaries thereto.No liquid waste hauler shall mix industrial waste and domestic
9 septic wastes in an attempt to discharge the mixture to a SAWPA Brine Line Collection Station.
10
11 L. No liquid waste hauler shall discharge or cause to be discharged any material
12 defined as hazardous by RCRA.
13
14 M. Any authorized SAWPA employee, authorized representative or contract
15 employee shall have the authority to order the immediate cessation of the discharge from any
16 liquid waste hauler truck into a Brine Line Collection Station. Such order shall be based on the
17 employee,authorized representative or contract employee's best professional judgment that said
18 discharge maybe in violation of any applicable condition of this Ordinance ormayotherwise be
19 harmful to the operation of the Brine Line or tributaries thereto, OCSD's POTW or its
20 employees.
21
22 N. Any liquid waste hauler determined to be in violation of this Section may be
23 prohibited from future liquid waste disposal at a Brine Line Collection Station.
24
25 510.0 USE OF AND DAMAGE TO SAWPA EQUIPMENT OR FACILITIES.
26
27 A. No Person shall enter,break, damage, destroy,uncover, alter, change,modify,
28 deface or tamper with any temporary or permanent structure,equipment,or appurtenance which
29 is part of SAWPA's Brine Line without prior written approval by the General Manager.
30
31 B. Any Person who discharges or causes or contributes to the discharge of any
32 wastewater or materials which cause any obstruction, Interference, damage, or any other
33 impairment to the Brine Line,OCSD's POTW,or any other damages,including the imposition
34 of fines or penalties by state, federal or other regulatory agencies against SAWPA, shall be
35 liable to SAWPA for all fines, penalties, damages, legal expenses, attorney's fees,
36 administrative and overhead costs. An administrative fee of ninety(90)percent of SAWPA's
37 repairs and personnel costs shall be added to these charges. All charges shall be payable to
38 SAWPA within thirty(30) days of invoicing by SAWPA.
39
40 511.0 SEPARATION OF DOMESTIC AND INDUSTRIAL WASTE. Any User who
41 discharges industrial wastewater to Brine Line or tributaries thereto shall separate domestic
42 wastewater from all industrial wastewater until the industrial wastewater has passed through all
43 required pretreatment equipment or devices, and the User's industrial wastewater sample
44 point(s). For existing Categorical Industrial Users and Significant Industrial Users which cannot
45 separate the domestic wastes from the industrial wastes prior to a permitted sampling point,the
46 Combined Wastestream Formula shall be applied to determine applicable discharge limitations.
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1 512.0 LIMITATIONS ON WASTEWATER STRENGTH. No Person shall discharge
2 industrial wastewater into the Brine Line or tributaries thereto unless the wastewater conforms
3 to all of the pollutant limitations and requirements of this Ordinance and related SAWPA
4 resolutions. Pollutant limitations shall be revised and adopted by resolution as necessary to
5 ensure compliance with OCSD's POTW effluent and biosolids reuse. For Categorical Industrial
6 Users,the following options exist:
7
8 A. Where a categorical pretreatment standard is expressed in terns of either the
9 mass or the concentration of a pollutant in wastewater, the General Manager may impose
10 equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
11
12 B. When wastewater subject to a categorical pretreatment standard is mixed with
13 wastewater not regulated by the same standard,the General Manager shall impose an alternate
14 limit using the Combined Wastestream Formula.
15
16 C. A variance from a categorical pretreatment standard may be issued if the User
17 can prove,pursuant to the procedural and substantive provisions in 40 CFR 403.13,that factors
18 relating to its discharge are fundamentally different from the factors considered by the EPA
19 when developing the categorical pretreatment standard.
20
21 513.0 LOCAL LIMITS.The General Manager shall implement pollutant limitations developed
22 as Local Limits by OCSD pursuant to 40 CFR 403.5(c)and 403.8(f)(4)and amendments thereto,
23 and as Local Limits and Best Management Practices to protect the operation of the Brine Line
24 and prevent SSOs. These limitations are necessary to assure compliance with the OCSD's
25 NPDES permit, including the prohibition against Pass Through of any pollutants that cause a
26 violation of the permit or cause Interference with the POTW, and compliance with SWRCB
27 adopted Order No. 2006-003,a General Waste Discharge Requirement(WDR)for all publicly
28 owned sanitary sewer collection systems in California with more than one (1) mile of sewer
29 pipe. The pollutant limitations may be allocated among industrial user classes or individual
30 users as uniform concentration limits,or as the ratio of the total mass per User,or as a selected
31 industry reduction, or by such other method considering factors such as persistence of the
32 pollutant,equity,treatment feasibility,economic feasibility,and economics of scale,pollution
33 prevention and waste minimization measures,anticipated growth and enforcement feasibility.
34 Customer specific allocations at current POTW loadings may be created for public health
35 facilities providing a life saving service or procedure so long as the pollutant discharged will not
36 contribute to Pass Through, Interference or other violation of the OCSD's NPDES permit.
37 These pollutant limitations shall be continually developed as necessary and shall be adopted by
38 resolution. Specific pollutant limits shall not be developed and enforced without individual
39 public notice to affected Persons or Users.
40
41 514.0 PRETREATMENT OF INDUSTRIAL WASTEWATERS.All Users shall:
42
43 A. Provide wastewater pretreatment,as required,to comply with this Ordinance and
44 any applicable SAWPA resolution.
45
46
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1 B. Wastewater Discharge Permit conditions and requirements may be appealed in
2 writing to the General Manager within ten(10)business days after the issuance date.The written
3 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
4 written appeal shall be addressed by the General Manager within thirty(30)business days from
5 the date of filing of the written appeal and may hold an appeal hearing with the Permittee. The
6 General Manager shall issue a final written determination on the appeal within forty-five(45)
7 business days from the date of filing of the written appeal. Any User aggrieved by the final
8 decision issued by the General Manager under this Section may seek an appeal to the SAWPA
9 Commission by filing an appeal within ten (10) business days following the service of the
10 General Manager's final written determination on the appeal. The written appeal to the
11 Commission shall state all of the facts and reasons that constitute the basis for such an appeal.
12 Failure to file such an appeal within that ten (10) business day deadline shall be deemed a
13 waiver of the appeal process.
14
15 C. Wastewater Discharge Permit conditions and requirements may be appealed in
16 writing to the General Manager within ten(10)business days after the issuance date.The written
17 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
18 written appeal shall be addressed by the General Manager within thirty(30)business days from
19 the date of filing of the written appeal and may hold an appeal hearing with the Permittee. The
20 General Manager shall issue a final written determination on the appeal within forty-five(45)
21 business days from the date of filing of the written appeal. Any User aggrieved by the final
22 decision issued by the General Manager under this Section may seek an appeal to the SAWPA
23 Commission by filing an appeal within ten (10) business days following the service of the
24 General Manager's final written determination on the appeal. The written appeal to the
25 Commission shall state all of the facts and reasons that constitute the basis for such an appeal.
26 Failure to file such an appeal within that ten (10) business day deadline shall be deemed a
27 waiver of the appeal process.
28
29 D. Wastewater Discharge Permit conditions and requirements may be appealed in
30 writing to the General Manager within ten(10)business days after the issuance date.The written
31 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
32 written appeal shall be addressed by the General Manager within thirty(30)business days from
33 the date of filing of the written appeal and may hold an appeal hearing with the Permittee. The
34 General Manager shall issue a final written determination on the appeal within forty-five(45)
35 business days from the date of filing of the written appeal. Any User aggrieved by the final
36 decision issued by the General Manager under this Section may seek an appeal to the SAWPA
37 Commission by filing an appeal within ten (10) business days following the service of the
38 General Manager's final written determination on the appeal. The written appeal to the
39 Commission shall state all of the facts and reasons that constitute the basis for such an appeal.
40 Failure to file such an appeal within that ten (10) business day deadline shall be deemed a
41 waiver of the appeal process.
42
43 E. Whenever deemed necessary,the General Manager may require Users to restrict
44 their wastewater discharge,relocate and/or consolidate points of discharge, separate domestic
45 wastestreams from industrial wastestreams, and other such conditions as may be necessary to
46 protect OCSD's POTW and determine the User's compliance with the requirements of this
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I Ordinance.
2
3 F. Notify the General Manager of any pretreatment equipment failure within 24-
4 hours of discovering the failure. The notification may be made by a telephone call, telefax
5 transmission,personal visit to SAWPA's office,or a hand delivered notification to SAWPA's
6 office.
7
8 515.0 UNAUTHORIZED MONITORING AND PRETREATMENT EQUIPMENT
9 MODIFICATIONS. No User shall knowingly falsify, tamper with, or render inaccurate any
10 monitoring device or any pretreatment equipment or device. Such falsification,tampering,or
11 inaccuracy will be considered a violation of this Ordinance and will subject the User to
12 enforcement actions.
13
14 516.0 PRETREATMENT EQUIPMENT BYPASS.No User shall bypass any pretreatment
15 equipment or device unless the bypass is necessary to prevent loss of life,personal injury,and
16 severe property damage or when no feasible alternative exists. The User may allow the bypass
17 to occur provided that it does not cause pollutant limitation violations and is necessary to
18 perform essential maintenance to insure adequate operation of the pretreatment equipment or
19 devices. The General Manager may approve an anticipated bypass,after considering its adverse
20 effects,if the General Manager determines that it will meet the three conditions listed in 40 CFR
21 403.17(d)(1).Notification of the bypass shall comply with the following conditions:
22
23 A. Anticipated bypass: The User shall submit a written notice to the General
24 Manager at least ten(10)days before the date of the scheduled bypass.
25
26 B. Unanticipated bypass: The User shall notify the General Manager immediately
27 upon leaming that any pretreatment equipment or device has been bypassed. The User shall
28 submit a written report to the General Manager within five(5)working days. The report shall
29 include:
30
31 1. A description of the bypass, the cause of the bypass,and the duration of the
32 bypass;
33
34 2. If the bypass was corrected; and
35
36 3. The actions taken or proposed to reduce or prevent a reoccurrence of the
37 bypass.
38
39 517.0 PROHIBITED DISCHARGE OF RECOVERED PRETREATMENT WASTE.No
40 Person shall discharge waste recovered from pretreatment equipment, systems,or devices into
41 the Brine Line or tributaries thereto without authorization and permits from SAWPA and/or
42 other regulatory agencies having jurisdiction over the discharge of the waste. All recovered
43 pretreatment waste shall be disposed of in accordance with all applicable federal,state,county,
44 and local laws and regulations.
45
46
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1 518.0 INDUSTRIAL USER MODIFICATIONS.All permitted Industrial Users shall report
2 proposed changes in their operations to the General Manager for review thirty(30)days prior to
3 initiation of the changes. The reporting shall be done in writing from the authorized
4 representative of the permitted Industrial User. For the purposes of this section"changes"shall
5 include any of the following:
6
7 A. A sustained twenty(20)percent increase or decrease in the industrial wastewater
8 flow discharged or in production capacity.
9
10 B. Additions,deletions or changes to processes or equipment.
11
12 C. Experimentation with new processes and/or equipment that will affect the
13 quantity or quality of the wastewater discharged.
14
15 519.0 SPILL CONTAINMENT SYSTEMS. Spill containment systems,as may be required,
16 shall conform to requirements established by the General Manager. These requirements may
17 include,but not be limited to,the following:
18
19 A. No User shall operate a spill containment system that allows incompatible
20 substances to mix and thereby creating a hazardous or toxic substance in the event of a failure of
21 one or more containers.
22
23 B. Spill containment systems shall consist of a system of dikes, walls, barriers,
24 berms, or other devices designed to contain spillage of the liquid contents of containers.
25
26 C. Spill containment systems shall be constructed ofmaterials that are impermeable
27 and non-reactive to the liquids being contained.
28
29 D. Spill containment systems shall conform to local regulations and policies as to
30 percent containment, container type, size, outdoor covering, and the length of time spilled
31 material may remain in the spill containment system.
32
33 E. At no time shall a User use a spill containment system for the storage of waste
34 other than from a spill.
35
36 520.0 FACILITY WASTE MANAGEMENT PLAN.All permitted Industrial Users shall be
37 required to develop and maintain a Facility Waste Management Plan (FWMP). The FWMP
38 may consist of the following documents:
39
40 A. TOXIC ORGANIC MANAGEMENT PLAN(TOMP).A TOMP is required
41 of all Categorical Industrial Users which are permitted to submit a TOMP in lieu of required
42 pollutant monitoring. SAWPA reserves the right to require Total Toxic Organic monitoring of
43 all Users allowed to submit a TOMP.
44
45
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I B. SLUG DISCHARGE PREVENTION CONTROL PLAN (SDPCP). A
2 SDPCP is required of Industrial Users as determined by the General Manager.Considerations to
3 determine the need for a SDPCP include the use of Batch Discharges to dispose of wastewater,
4 stored chemicals or materials,or the potential for a Slug Discharge which,if discharged to the
5 Brine Line or tributaries thereto,would violate any of the prohibited discharge requirements of
6 this Ordinance.A SDPCP showing facilities and operation procedures to provide this protection
7 shall be submitted to the General Manager for review and approval before implementation.
8
9 Any User required to develop and implement an SDPCP shall submit an SDPCP which
10 addresses, at a minimum the following:
11
12 (a)Description of discharge practices, including non-routine batch discharges;
13 (b)Description of stored chemical;
14 (c) Procedures for immediately notifying SAWPA of any accidental or slug discharge.
15 Such notification must also be given for any discharge which would violate any of the
16 standards set forth in this ordinance and any local, state or federal regulations; and
17 (d) Procedures to prevent adverse impact from any accidental or slug discharge. Such
18 procedures include,but are not limited to inspection and maintenance of storage areas,
19 handling and transfer ofmaterials,loading and unloading operations,control of plant
20 site runoff, worker training, building of containment structures or equipment,
21 measures for containing toxic organic chemicals(including solvents),and/or measures
22 and equipment for emergency response.
23
24 Each User shall implement its SDPCP as submitted or modified after such plan has been
25 reviewed and approved by the General Manager. Review and approval of such plans and
26 operations procedures by the General Manager shall not relieve the User from the responsibility
27 to modify its facility as necessary to meet the requirements of this ordinance
28
29 C. PRETREATMENT SYSTEMS OPERATIONS AND MAINTENANCE
30 MANUAL. Such a manual shall be maintained on site by all Industrial Users operating and
31 maintaining pretreatment equipment for the removal ofpollutants from wastewater.The General
32 Manager may require the Industrial User submit the manual
33
34 D. HAZARDOUS MATERIALS AND HAZARDOUS WASTE
35 MANAGEMENT PLAN. Such a plan is required of all Industrial Users that use or possess
36 hazardous materials or generate hazardous waste. A city or county Fire Department-required
37 Business Emergency Plan may be substituted for this management plan.
38
39 E. WASTE MINIMIZATION/POLLUTION PREVENTION PLAN
40 (WM/PPP).
41
42 1. A WASTE MINIMIZATION/POLLUTION PREVENTION PLAN
43 (WM/PPP) is required of any Industrial User:
44
45 a. For whom the General Manager has determined such WM/PPP is
46 necessary to achieve a water quality objective;
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1
2 b. Determined by the State or Regional Board to be a chronic violator,and
3 the State or Regional Board or SAWPA's General Manager determines that a
4 WM/PPP is necessary, or
5
6 c. That significantly contributes, or has the potential to significantly
7 contribute,to the creation of a toxic hot spot as defined in Water Code Section
8 13391.5.
9
10 2. A WM/PPP required of an Industrial User shall include all of the following:
11
12 a. An analysis of one or more of the pollutants, as directed by the State
13 Board,Regional Board,or SAWPA,that the User discharges to the Brine Line
14 or tributaries thereto, description of the sources of the pollutants, and a
15 comprehensive review of the processes used by the User that result in the
16 generation and discharge of the pollutants.
17
18 b. An analysis of the potential for pollution prevention to reduce the
19 generation of the pollutants, including the application of innovative and
20 alternative technologies and any adverse environmental impacts resulting from
21 the use of those methods.
22
23 c. A detailed description of the tasks and time schedules required to
24 investigate and implement various elements of pollution prevention techniques.
25
26 d. A statement of the User's pollution prevention goals and strategies,
27 including priorities for short-tern and long-term action.
28
29 e. A description of the User's existing pollution prevention methods.
30
31 f. A statement that the User's existing and planned pollution prevention
32 strategies do not constitute cross media pollution transfers unless clear
33 environmental benefits of such an approach are identified to the satisfaction of
34 SAWPA and information that supports that statement.
35
36 g. Proof of compliance with the Hazardous Waste Source Reduction and
37 Management Review Act of 1989 (article 11.9 (commencing with Section
38 25244.12) of Chapter 6.5 of Division 20 of the Health and Safety Code) if the
39 User is also subject to that act.
40
41 h. An analysis,to the extent feasible,of the relative costs and benefits of the
42 possible pollution prevention activities.
43
44 i. A specification of, and rationale for, the technically feasible and
45 economically practicable pollution prevention measures selected by the User for
46 implementation.
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1
2 3. Any User who fails to complete a WM/PPP requiredby SAWPA or the State
3 or Regional Board, submits a plan that does not comply with this Section, or fails to
4 implement a plan required by SAWPA or the State or Regional Board,shall be liable to
5 SAWPA for any civil penalty assessed administratively by SAWPA or by a court in
6 accordance with this Ordinance, including any attorneys fees incurred by SAWPA.
7
8 F. EMERGENCY CONTACT LIST AND CONTINGENCY PLAN. All Users
9 are required to submit,and retain a copy on-site,a contingency plan that details the actions that
10 will be taken in the event of an emergency or other event that causes SAWPA or the Control
11 Authority to shut down the Brine Line. Said Plan shall include, but is not limited to the
12 following:
13
14 1. A list of names and telephone numbers of emergency contacts that can be
15 reached 24 hours a day (shall be provided to SAWPA semi-annually in January and
16 June).
17
18 2. A written plan(updated and provided to SAWPA annually in January)that
19 describes all available alternatives to discharging to the Brine Line, including on-site
20 storage, hauling, ceasing the discharge, or directing all wastewater flows to a local
21 POTW.
22
23 521.0 FEDERAL CATEGORICAL PRETREATMENT STANDARDS.All Industrial Users
24 subject to a National Categorical Pretreatment Standard shall comply with all requirements of
25 such standard, and shall also comply with any limitation contained in this Ordinance. The
26 National Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N and
27 amendments thereto are hereby incorporated herein by reference. Where duplication of the
28 same pollutant limitation exists,the limitation which is more stringent shall prevail.
29
30 522.0 NOTICE OF POTENTIAL PROBLEMS TO POTW. All Users shall immediately
31 notify SAWPA of all wastewater discharges that could cause a problem at OCSD's POTW or in
32 the Brine Line or tributaries thereto, including any slug loadings of any material. Wastewater
33 discharges that may cause a problem at OCSD's POTW or the Brine Line or tributaries thereto
34 include, but are not limited to, acids, alkalis, oils, greases, high strength organic waste,
35 hazardous materials and waste, colored wastes,and batch discharges. All Users shall provide
36 the General Manager,within five(5)business days from the incident,a written report detailing
37 the cause of the discharge and the corrective actions taken to prevent a recurrence.Anotice shall
38 be permanently posted at a prominent location at the User's facility advising employees and
39 listing the emergency call contact name and numbers in the event of a wastewater discharge that
40 could cause a potential problem. Employees who could cause or become aware of such a
41 discharge shall be advised of the emergency notification procedure.
42
43 523.0 WRITTEN RESPONSES. All Users required to provide written response to any
44 correspondence,order,or notice from the General Manager,shall do so in accordance with the
45 date specified in the correspondence,order,or notice. Failure to provide the written response by
46 the date requested shall constitute a violation of this Ordinance and may subject the User to
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1 enforcement actions.
2
3 524.0 FALSIFYING INFORMATION.Any User who knowingly makes any false statement,
4 representation, or certification in any record, report, correspondence, or other document
5 submitted or required to be maintained under this Ordinance,including monitoring reports and
6 records,or reports of compliance or noncompliance shall be in violation of this Ordinance and
7 may subject the User to enforcement actions.
8
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I ARTICLE 6
2 ENFORCEMENT
3
4 600.0 PURPOSE AND SCOPE. SAWPA's Commission finds that in order for SAWPA to
5 comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies and to
6 ensure that SAWPA's and OCSD's sewerage facilities and treatment processes are protected and
7 are able to operate with the highest degree of efficiency, and to protect the public health and
8 environment, specific enforcement provisions must be adopted to govern the discharges to the
9 Brine Line and tributaries thereto by permitted Users.
10
11 601.0 ENFORCEMENT RESPONSE PLAN (ERP). To the extent required by law or
12 agreement, SAWPA will use an Enforcement Response Plan (ERP), as required by 40 CFR
13 403.8(f)(5)to coordinate enforcement actions against Users and Persons in noncompliance with
14 this Ordinance.To the extent that there is any conflict between the ERP and this Ordinance,this
15 Ordinance shall take precedence.
16
17 602.0 ADMINISTRATIVE VIOLATIONS.There is hereby established a class of violations
18 to be known as Administrative Violations that are further subdivided into minor and major
19 administrative violations as follows:
20
21 A. Minor Administrative Violations include,but are not limited to,the following:
22
23 1. Submission of incomplete reports or questionnaires;
24
25 2. Failure to submit reports by the scheduled due date;
26
27 3. Failure to respond and submit to questionnaires;
28
29 4. Missing a compliance date without proper prior notification to SAWPA;
30
31 5. Failure to conduct sampling, including self-monitoring,when required;
32
33 6. Failure to notify the General Manager of a violation of permit conditions
34 within one (1)working day of the discovery of the violation; or
35
36 7. Failure to pay all required fees,penalties and charges within forty-five(45)
37 days from the due date.
38
39 B. Major Administrative Violations include,but are not limited to,the following:
40
41 1. Failure to notify the General Manager of a Slug Discharge immediately after
42 discovery of said discharge;
43
44 2. Failure to respond,by scheduled due date,to letters requiring responses orto
45 administrative orders;
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1 3. Missing a compliance date by more than forty-five(45) days;
2
3 4. Falsification of documents or attempting to mislead SAWPA or OCSD in
4 any manner whatsoever;
5
6 5. Failure to cooperate with SAWPA or contracted employees exercising their
7 authority under this Ordinance, including monitoring and inspection activities;
8
9 6. A pattern of minor administrative violations;
10
11 7. Failure to allow entry to authorized SAWPA employees, agents, OCSD
12 employees,or contracted employees,in the course of their job,onto the User's property;
13
14 8. Failure to produce records as required;
15
16 9. Failure to accurately report noncompliance;
17
18 10. Failure to submit required reports (self-monitoring, baseline monitoring
19 report,90-day compliance report,Compliance Schedule progress reports)or submitting
20 such reports more than forty-five (45)days late;
21
22 11. Failure to paypursuant to Section 304.0 of this Ordinance,permit application
23 fees,permit renewal fees,charges,or Administrative Penalties within sixty(60)days of
24 due date;
25
26 12. Intentional discharge of a prohibited waste by a Liquid Waste Hauler into the
27 Brine Line or tributaries thereto; or
28
29 13. Wastewater discharge without a valid Wastewater Discharge Permit after
30 notification.
31
32 C. Upon notice of appropriate mitigating circumstances and consistent with
33 applicable federal and state laws, the General Manager has sole discretion to treat a major
34 administrative violation as a minor administrative violation,or a pattem ofminor administrative
35 violations with aggravating circumstances as a major administrative violation.
36
37 603.0 VIOLATIONS OF DISCHARGE LIMITATIONS.
38
39 A. There is hereby established a class of violations to be known as discharge
40 violations that are further subdivided into minor and major discharge violations as follows:
41
42 1. Minor discharge violations are those that,either alone or in combination with
43 similar user discharge violations, pose, as determined by the General Manager, no
44 significant threat to the public health,safety or welfare,the environment,the Brine Line
45 or tributaries thereto,OCSD's POTW or to any SAWPA employee or contractor.
46
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1 2. Major discharge violations may include,but are not limited to,the following:
2
3 a. As determined by Significant Noncompliance criteria in 40 CFR
4 403.3(I);
5
6 b. Discharge violations which,either alone or in combination with similar
7 discharges pose, as determined by the General Manager, a significant threat to
8 the public health, welfare or safety, the environment, the safe and efficient
9 operation of the Brine Line or tributaries thereto, OCSD's POTW, or to any
10 SAWPA employee or contractor, or cause or contribute to the additional
11 treatment costs incurred by SAWPA or a violation of OCSD's NPDES permit,
12 or cause or contribute to Pass Through,Interference,or other known damages;
13
14 c. Discharging regulated pollutants to the Brine Line or tributaries thereto
15 without a current discharge permit;
16
17 d. A pattern of minor discharge violations;
18
19 e. Failure to correct a minor discharge violation within a specific time
20 period as directed by the General Manager; or
21
22 f Tampering with or purposely rendering inaccurate any monitoring
23 device,method or record required to be maintained pursuant to this Ordinance.
24
25 B. Upon notice of appropriate mitigating circumstances,the General Manager has
26 sole discretion to treat a major discharge violation as a minor discharge violation. The General
27 Manager also has sole discretion to treat a pattern of minor discharge violations with
28 aggravating circumstances as individual major discharge violations.
29
30 604.0 UNCLASSIFIED VIOLATIONS.For any violation by any User or Person that is not
31 classified herein, or for the violation of any rule or regulation promulgated hereunder, the
32 General Manager shall have the discretion to treat such violation as a minor or major violation
33 and to exercise enforcement authority accordingly. In exercising this enforcement authority,the
34 General Manager shall consider the magnitude of the violation, its duration, and its effect on
35 receiving waters,the Brine Line or tributaries thereto,OCSD's POTW,the health and safety of
36 SAWPA employees,contractors,Users,and the general public. The General Manager shall also
37 evaluate the User's or Person's compliance history,good faith,and any other factors the General
38 Manager deems relevant.
39
40 605.0 SEPARATE VIOLATIONS. Any User or Person found to be in violation of this
41 Ordinance shall be charged with a separate violation for each day the same violation exists.
42 Wastewater discharge pollutant violations shall be considered an individual violation for each
43 pollutant in violation.
44
45
46
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1 606.0 ADMINISTRATIVE ORDERS. The General Manager may require compliance with
2 Wastewater Discharge Permit conditions or limitations by issuing Administrative Orders that
3 are enforceable in a court of law or by directly seeking court action. The General Manager may
4 use Administrative Orders,either individually,sequentially,concurrently,or in any order for one
5 or more violations as appropriate for the circumstances. Administrative Orders include:
6
7 A. WRITTEN WARNING.A written warning shall be given to a User identified
8 to have a minor administrative violation of this Ordinance or permit condition or requirement.
9 The written warning shall be served personally or by certified mail upon the User, and the
10 written warning will state the provisions violated,the facts alleged to constitute the violation
11 and may include a correction notice at the discretion of the General Manager.
12
13 B. CORRECTION NOTICE. A correction notice shall be given to a User to
14 require correction of minor violations noted during an inspection by the General Manager of the
15 User's facility and may be issued in conjunction with a written warning.
16
17 1. Compliance time extensions may be granted to Users who fail to correct
18 minor violation required by a correction notice, upon showing of good cause by such
19 User.
20
21 2. For purposes of this Section, "good cause" means an unforeseeable and
22 unavoidable event or series of events,over which User had no control,which prevented
23 or significantly impaired the User's ability to comply with the correction notice.
24
25 3. A correction notice may require a written response within ten(10) days of
26 receipt; User shall provide a written explanation to the General Manager of the
27 violation,including specific actions taken to correct the violation. Submission of such a
28 response in no way relieves the User of liability for any violations occurring before or
29 after receipt of the written warning and/or correction notice.
30
31 C. MONITORING/PRODUCTION INFORMATION ORDER(MPIO)shall be
32 issued to a User for consecutive violations or if determined to be in SNC for the same pollutant
33 as detected either in SAWPA samples, User samples (self-monitoring), or both. The MPIO
34 shall be used to determine if discharge compliance has been achieved or if a detected violation is
35 consistent. The User may be required to sample the User's wastewater discharge for the
36 pollutants in violation and record the daily effluent wastewater flow for all production days
37 within a fourteen (14) consecutive day period or as determined by the General Manager that
38 industrial wastewater is discharged to the Brine Line or tributaries thereto. Production
39 information shall be required of all Categorical Industrial Users which have production based
40 discharge limits.
41
42 D. NOTICE OF VIOLATION(NOV). When the General Manager Finds that a
43 User has violated,or continues to violate,any provision of this Ordinance,related resolution,an
44 individual Wastewater Discharge Permit or any order issued under this Ordinance,the General
45 Manager may serve upon the User a written Notice of Violation (NOV). The NOV shall be
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1 served personally or by certified mail upon the User, and the NOV will state the provisions
2 violated, the facts alleged to constitute the violation and may include any proposed corrective
3 actions or monitoring. Within ten (10) business days of the receipt of the NOV, User shall
4 provide a written explanation of the violation, a plan for the satisfactory correction and
5 prevention thereof,including specific required actions,to the General Manager. Submission of
6 such a response and plan in no way relieves the User of liability for any violations occurring
7 before or after receipt of the NOV. Nothing in this Section shall limit the authority of the
8 General Manager to take any action,including any emergency actions or any other enforcement
9 action,with or without the issuance of a NOV.
10
11 E. VIOLATION MEETING shall be required of all Users who have failed to
12 achieve compliance after the issuance of an NOV or violation(s) resulting in significant
13 noncompliance. This meeting shall be for the General Manager to consider drafting a Consent
14 Order or Compliance Order and for the User to propose solutions,request time extensions,draft
15 a compliance schedule,or file an appeal.
16
17 F. CONSENT ORDER. The General Manager may, at any time after finding a
18 violation of this Ordinance,enter into an agreement with the violating User that shall be known
19 as a Consent Order. Such agreement may be in the form of compliance schedule with
20 milestones or other specific actions to be taken by the User to correct or prevent the
21 noncompliance within a time period specified in the order, or payment of damages,penalties,
22 fines,or other remedies. The Consent Order is developed between the User and SAWPA. This
23 Order shall have the same force and effect as any other administrative order issued pursuant to
24 this Ordinance and may include a civil penalty pursuant to Section 610.H. A Consent Order
25 maybe enforced by an Administrative Complaint under Section 610 or by court action.
26
27 G. COMPLIANCE ORDER.
28
29 1. A Compliance Order shall be issued to a User that has violated or continues
30 to violate this Ordinance, the User's Wastewater Discharge Permit, or any other order
31 issued under this Ordinance. The General Manager may issue a Compliance Order to
32 the User responsible for the violation(s)which shall specify the provisions violated and
33 the facts constituting the violation(s),and shall direct that adequate treatment facilities,
34 devices,or other related appurtenances be installed and properly operated by a specified
35 time period. Compliance Orders may also contain such other requirements as the
36 General Manager deems reasonably necessary and appropriate to assure timely
37 compliance with this Ordinance and to address the noncompliance. Such Order may
38 require the installation of pretreatment technology, additional self-monitoring,
39 management practices,adherence to a compliance schedule with milestones,submission
40 of action plans, appearance by the User at a specific time and place for a compliance
41 meeting, or other measures necessary to achieve and maintain compliance. The
42 Compliance Order is developed by the General Manager without comment from the
43 User and may include a civil penalty pursuant to Section 610.H.
44
45 2. If no public hearing on the alleged violation(s) has been previously
46 conducted, the alleged violating User may either submit a written explanation or other
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1 response to the Order or request the General Manager to conduct either an informal
2 meeting or a hearing. Such submission or request shall be in writing and filed with the
3 General Manager no later than ten(10)days after receipt of the Order. The request shall
4 not stay the Order.
5
6 3. A Compliance Order may be enforced by an Administrative Complaint under
7 Section 610 or by court action.
8
9 H. CIVIL PENALTY ORDER will be issued to a User by the General Manager or
10 SAWPA Counsel to assess penalties required by Sections 610.0, 611.0 and 619.0 of this
11 Ordinance and any other costs incurred by SAWPA in the investigation, monitoring, legal
12 assistance, enforcement, cleanup or repair caused by the User's violation. The Civil Penalty
13 Order may be included with any other Order.
14
15 I. CEASE AND DESIST ORDER shall be issued by the General Manager to any
16 User or Persons whose violation(s) of this Ordinance, a Wastewater Discharge Permit,or any
17 Order issued hereunder,pose a threat to the Brine Line or tributaries thereto, OCSD's POTW,
18 SAWPA employees or contractors, the environment or the public. A Cease and Desist Order
19 may also be issued by the General Manager to Users who continue to discharge wastewater to
20 the Brine Line or tributaries thereto, without a valid Wastewater Discharge Permit or in
21 violation of such permit. The General Manager may issue an order to cease and desist
22 immediately upon discovering any such violations and direct those Users or Persons in
23 noncompliance to take such appropriate remedial orpreventive action as maybe deemed needed
24 to eliminate a continuing or threatened violation,including halting operations and terminating
25 the discharge. Such order shall include the provision violated and the facts constituting the
26 violation. A Cease and Desist Order may also include a monetary penalty pursuant to Section
27 610.H.
28
29 J. SHOW CAUSE HEARING.The General Managermay order a User which has
30 violated, or continues to violate, any provision of this Ordinance, an individual Wastewater
31 Discharge Permit,or any Order issued under this Ordinance,or any other pretreatment standard
32 or requirement adopted by resolution or otherwise,to appear before the General Manager and
33 show cause why the proposed enforcement action should not be taken. Notice shall be served
34 on the User specifying the time and place for the meeting,the proposed enforcement action,the
35 reasons for such action,and a request that the User show cause why the proposed enforcement
36 action should not betaken. The notice of hearing shall be served personally or by certified mail
37 at least thirty(30) days prior to the hearing. The hearing shall be in the nature of a meet and
38 confer meeting. A show cause hearing shall not be a bar against,or prerequisite for,taking any
39 enforcement action against the User.
40
41 617.1 WASTEWATER DISCHARGE PERMIT REVOCATION. The General Manager
42 may revoke any Wastewater Discharge Permit if the User is in violation ofanyprovision of this
43 Ordinance. These violations can include but are not limited to: falsification of information by
44 the User required by this Ordinance;refusing right of entry when conditioned in the Wastewater
45 Discharge Permit; failure to re-apply for a Wastewater Discharge Permit or request a required
46 permit modification;failure to pay required permit fees or charges or discharging in violation of
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1 this Ordinance. Validity of the Wastewater Discharge Permit shall be conditioned upon the
2 Industrial User's compliance with the provisions of this Ordinance. The General Manager may
3 revoke the Wastewater Discharge Permit upon a minimum notice(written and sent by certified
4 mail)of fifteen (15)days when the General Manager finds that the wastewater discharge is in
5 violation of the provisions of this Ordinance or of any applicable federal, state, county or city
6 law or regulation or if the Industrial User has failed to pay any user fee or penalty within forty-
7 five(45)days of invoicing by SAWPA.Within the fifteen(15)days prior to the intended permit
8 revocation, the General Manager shall make a hearing available to the User. All costs for
9 Wastewater Discharge Permit revocation and reissuance shall be paid by the User.
10
11 608.0 TERMINATION OF SERVICE.Notwithstanding any provision to the contrary, and
12 without prior notice,the General Manager may immediately terminate wastewater service to any
13 User in order to stop an actual or threatened discharge which presents or may present an
14 imminent or substantial endangerment to the health or welfare ofpersons or to the environment,
15 or which causes Interference to the Brine Line or tributaries thereto,OCSD's POTW,or causes
16 OCSD to violate any condition of its NPDES permit or if the User has failed to obtain a valid
17 Wastewater Discharge Permit. If a suspension order has been issued, and the User fails to
18 comply voluntarily with the suspension order, the General Manager shall take such steps as
19 deemed necessary, including immediate termination or severance of the sewer service lateral
20 connection, to prevent or minimize damage to the Brine Line or tributaries thereto, OCSD's
21 POTW, or endangerment to any person or the environment. All costs for terminating service
22 shall be paid by the User. All costs for reestablishing service shall be paid by the User.
23
24 609.0 ANNUAL PUBLICATION NOTICE. The names of all Significant Industrial Users
25 which at any time during the previous twelve (12) months were found to be in significant
26 noncompliance with applicable Pretreatment Standards,Requirements and this Ordinance shall
27 be published at least annually in a newspaper of general circulation that provides meaningful
28 public notice, or other electronic means, within the jurisdictions of SAWPA in which the
29 Significant Industrial User is located, in accordance with 40 CFR 403.8(f)(2)(viii).
30
31 610.0 ADMINISTRATIVE COMPLAINT.
32
33 A. Notwithstanding Section 606,the General Manager may issue an Administrative
34 Complaint to a User who violates this Ordinance, permit requirement, or an Administrative
35 Order.
36
37 B. The Administrative Complaint shall allege the act or failure to act that constitutes
38 the violation, the provisions of law authorizing civil liability to be imposed and the proposed
39 civil penalty. The Administrative Complaint shall be served by personal delivery or certified
40 mail on the User and shall inform the User served that a hearing shall be conducted within sixty
41 (60) days after the User has been served.
42
43 C. The hearing shall be before a hearing officer designated by SAWPA's
44 Commission.The User who has been issued an Administrative Complaint may waive the right
45 to a hearing, in which case SAWPA shall not conduct a hearing. A User dissatisfied with the
46 decision of the hearing officer may appeal to the Commission of SAWPA within thirty(30)days
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1 of notice of the hearing officer's decision.
2
3 D. If after the hearing, or appeal, if any, it is found that the User has violated
4 reporting or discharge requirements,the hearing officer or the Commission may assess a civil
5 penalty against that User. In determining the amount of a civil penalty,the hearing officer or
6 Commission of SAWPA may take into consideration all relevant circumstances including,but
7 not limited to,the extent of harm caused by the violation,the economic benefit derived through
8 any non-compliance,the nature and persistence of the violation,the length of time over which
9 the violation occurs and corrective action, if any, attempted or taken by the User.
10
11 E. Civil Penalties maybe imposed as follows:
12
13 1. In an amount which shall not exceed $2,000.00 for each day for failing or
14 refusing to famish technical or monitoring reports [Government Code, Section
15 54740.5(d)(1)];
16
17 2. In an amount which shall not exceed $3,000.00 for each day for failing or
18 refusing to timely comply with any compliance schedule established by the General
19 Manager [Government Code, Section 54740.5(d)(2)1;
20
21 3. In an amount which shall not exceed$5,000.00 per violation for each day for
22 discharges in violation of any waste discharge limitation, permit condition, or
23 requirement issued, reissued or adopted by SAWPA [Government Code, Section
24 54740.5(d)(3)];
25
26 4. In an amount which shall not exceed $10.00 per gallon for discharges in
27 violation of any suspension,cease and desist order or other orders,orprohibition issued,
28 reissued or adopted by the General Manager[Government Code,Section 54740.5(d)(4)].
29
30 F. Unless appealed, orders setting administrative civil penalties shall become
31 effective and final upon issuance thereof, and payment shall be made within thirty (30) days
32 established by the order. Copies of these orders shall be served by personal service or by
33 certified mail upon the parties served with the administrative complaint and upon other persons
34 who appeared at the hearing and requested a copy.
35
36 G. All monies collected under this Section shall be deposited in a special account of
37 SAWPA and shall be made available for the monitoring, treatment and control of discharges
38 into the Brine Line and tributaries thereto.
39
40 H. The amount of any civil penalties imposed under this Section which have
41 remained delinquent for a period of sixty (60) days shall constitute a lien against the real
42 property of the User from which the discharge, Ordinance violation, or permit violation
43 originated resulting in the imposition of the civil penalty. The lien shall be recorded with the
44 County Recorder for the respective county and when recorded shall have the force and effect
45 and priority ofa judgment lien and continue for ten(10)years from the time of recording unless
46 sooner released,and shall be renewable in accordance with the provisions of Section 683.110 to
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1 683.220, inclusive, of the Code of Civil Procedure.
2
3 I. No penalties shall be recoverable under this Section for any violation for which
4 civil liability is recovered under Section 611.0.
5
6 J. Judicial Review
7
8 1. Any User aggrieved by a final order issued by the Commission under this
9 Section may obtain review of the order of the Commission in the Superior Court by
10 filing in the Court a petition for writ of mandate within thirty(30) days following the
11 service of a copy of a decision and order issued by the Commission.Any User aggrieved
12 by a final order of a hearing officer issued under this Section for which the Commission
13 denies review, may obtain review of the order of the hearing officer in the Superior
14 Court by filing in the Court a petition for writ of mandate within thirty (30) days
15 following service of copy of a decision and order denying review by the Commission.
16
17 2. If no aggrieved User petitions for writ of mandate within the time allowed,an
18 order of the Commission of SAWPA or a hearing officer shall not be subject to review
19 by any court or agency.
20
21 3. The evidence before the Court shall consist of the record before the
22 Commission of SAWPA,including the hearing officer's record,and any other relevant
23 evidence which, in the judgment of the Court, should be considered to effectuate and
24 implement policies of this Ordinance. In every such case, the Court shall exercise its
25 independent judgment on the evidence.
26
27 4. Subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure
28 shall govern review proceedings.
29
30 611.0 EMERGENCY SUSPENSION. The Commission or its General Manager may
31 immediately suspend a User's discharge,after notice to the User,whenever such suspension is
32 necessary to stop an actual or threatened discharge, which reasonably appears to present, or
33 cause an imminent or substantial endangerment to the health or welfare of persons. The
34 Commission or its agent may also immediately suspend a User's discharge, after notice and
35 opportunity to respond, that threatens to interfere with the operation of the POTW, or which
36 presents,or may present, an endangerment to human health or the environment.
37
38 A. Any User notified of a suspension of its discharge shall immediately stop or
39 eliminate its contribution. In the event of a User's failure to immediately comply voluntarily
40 with the suspension order, Commission may take such steps as deemed necessary, including
41 immediate termination or severance of the sewer connection,to prevent or minimize damage to
42 the POTW, its receiving stream, or endangerment to any individuals. The Commission may
43 allow the User to recommence its discharge when the User has demonstrated to the satisfaction
44 of the Commission that the period of endangerment has passed.
45
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1 B. A User that is responsible, in whole or in part, for any discharge presenting
2 imminent endangerment shall submit a detailed written statement,describing the causes of the
3 harmful contribution and the measures taken to prevent any future occurrence, to the
4 Commission prior to the date of any show cause or termination hearing under Sections 606.0
5 Item J and 608.0.
6
7 Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency
8 Suspension under this Section.
9
10 612.0 CIVIL LIABILITY FOR VIOLATIONS.
11
12 A. Any User that violates any provision of this Ordinance,any requirement of the
13 Wastewater Discharge Permit,or Administrative Order, may be civilly liable to SAWPA in a
14 sum not to exceed $25,000.00 a day for each violation. In addition to these penalties and
15 damages, the General Manager may recover reasonable attorney's fees, court costs, and other
16 expenses associated with the enforcement activities, including, but not limited to, sampling,
17 monitoring, laboratory costs and inspection expenses.
18
19 B. SAWPA's Legal Counsel is hereby authorized to petition the Superior Court to
20 impose, assess, and recover the sums as described in Section 612.0.A. In determining the
21 amount, the Court shall take into consideration all relevant circumstances, including but not
22 limited to,the extent of harm caused by the violation,the economic benefit derived through any
23 non-compliance,the nature and persistence of the violation,the length of time over which the
24 violation occurs, and any corrective actions, if any, attempted or taken by the User.
25
26 C. Notwithstanding any other provision of law, all civil penalties imposed by the
27 Court for a violation of this Section shall be distributed to SAWPA.
28
29 D. Remedies under this Section are in addition to an do not supersede or limit any
30 and all other remedies,civil or criminal,but no liability shall be recoverable under this Section
31 for any violation for which liability is recovered under Section 610.0.
32
33 613.0 CRIMINAL PENALTIES.
34
35 A. Any User which willfully or knowingly violates any provision of this Ordinance,
36 or any orders or permits issued hereunder shall,upon conviction,be guilty of a misdemeanor for
37 each separate violation per day, punishable by a fine not to exceed One Thousand Dollars
38 ($1,000.00) or imprisonment for not more than six months, or both for each violation. This
39 penalty is to be consistent with the Federal Clean Water Act, 33 U.S.C. 1251, et sea. and
40 amendments thereto, and shall apply to the exclusion of any other Ordinance provision more
41 lenient. Each such User shall be deemed guilty of a separate violation for each day any violation
42 of any provision of this Ordinance or Wastewater Discharge Permit is committed or continued
43 by such User.
44
45 B. Any User who knowingly makes any false statements, representations, or
46 certifications in any application,record,report,plan or other document filed or required to be
-75-
1 maintained pursuant to this Ordinance or the User's Wastewater Discharge Permit, or who
2 falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
3 required under this Ordinance shall,upon conviction, be punished by a fine of not more than
4 One Thousand Dollars($1,000.00)per violation per day or imprisonment for not more than six
5 months, or both for each violation. This penalty shall be consistent with the Federal Clean
6 Water Act, 33 U.S.C. 1251, et sea. and shall apply to the exclusion of any other Ordinance
7 provisions more lenient.
8
9 614.0 LEGAL ACTION.If any User discharges wastewater into the Brine Line or tributaries
10 thereto in violation of the provisions of this Ordinance, federal or state pretreatment
11 requirements, or any order or permit issued hereunder, then SAWPA may commence an
12 enforcement and/or collection action for legal,equitable or injunctive relief in the appropriate
13 court of Riverside or San Bernardino County. Any such court action filed by SAWPA shall
14 entitle SAWPA to recover all reasonable attorneys' fees, court costs, expert witness fees and
15 related litigation expenses.
16
17 615.0 SUPPLEMENTAL ENFORCEMENT ACTIONS.
18
19 A. Performance Bonds. The General Manager may decline to issue or reissue a
20 Wastewater Discharge Permit to any User who has failed to comply with any provision of this
21 Ordinance,a previous Wastewater Discharge Permit,or Administrative Order issued hereunder,
22 or any other pretreatment standard or requirement, unless such User first files a satisfactory
23 bond payable to SAWPA,in a sum not to exceed a value determined by the General Manager to
24 be necessary to achieve consistent compliance.
25
26 B. Liability Insurance. The General Manager may decline to issue or reissue a
27 Wastewater Discharge Permit to any User who has failed to comply with any provision of this
28 Ordinance,a previous Wastewater Discharge Permit,or Administrative Order issued hereunder,
29 or any other pretreatment standard or requirement, unless such User first submits proof that
30 liability insurance satisfactory to the General Manager has been obtained by the User sufficient
31 to restore or repair damage to the Brine Line or tributaries thereto or OC SD's POTW.
32
33 C. Water Supply Severance. Whenever a User has violated or continues to violate
34 any provision of this Ordinance,a Wastewater Discharge Permit,or Administrative Order issued
35 hereunder,or any other pretreatment standard or requirement,water service to the User may be
36 severed. Service will only recommence,at the User's expense,after the User has satisfactorily
37 demonstrated the User's ability to comply.
38
39 D. Public Nuisance. A violation of any provision of this Ordinance,a Wastewater
40 Discharge Permit, or Administrative Order issued hereunder, or any pretreatment standard or
41 requirement is hereby declared a public nuisance and shall be corrected or abated as directed by
42 the General Manager. Any User creating a public nuisance shall be required to reimburse
43 SAWPA for any costs incurred in removing, abating, or remedying such nuisance.
44
45
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1 616.0 REMEDIES NONEXCLUSIVE.The enforcement remedies for this Ordinance are not
2 exclusive. The General Manager may take any, all, or any combination of these remedies
3 against a non-compliant User. Enforcement of Ordinance, pretreatment, and Wastewater
4 Discharge Permit violations will generally be in accordance with SAWPA's Enforcement
5 Response Plan. The General Manager,however,may take other actions against any User when
6 the circumstances warrant. Further,the General Manager is also empowered to take more than
7 one enforcement action against any non-compliant User.
8
9 617.0 PAYMENT OF FEES, CHARGES,AND PENALTIES.
10
11 A. Unless otherwise specified, all fees,charges and penalties imposed pursuant to
12 this Ordinance are due and payable within forty-five(45)days of receipt of notice or invoicing
13 by SAWPA.
14
15 B. For Users who fail to pay any required fee,charge or penalty by the due date,the
16 following penalties shall apply:
17
18 1. Forty-six(46)days after the date of invoice,a penalty often percent(100/.)of
19 the original invoice amount,not to exceed$1,000.00 shall be assessed.
20
21 2. Ninety days(90)after the date of invoice,a total penalty of ten percent(10%)
22 of the original invoice amount,not to exceed a maximum of$4,000.00 shall be assessed.
23
24 C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for
25 immediate initiation of Wastewater Discharge Permit revocation proceedings or immediate
26 suspension of the Wastewater Discharge Permit. In addition,interest shall accrue on any unpaid
27 fees, charges or penalties at 10%per annum from the due date until paid.
28
29 D. Penalties charged under this Section shall not accrue to those invoices
30 successfully appealed.
31
32 E. Payment of disputed charges is still required by the due date during the General
33 Manager's review of any appeal submitted by a User.
34
35 618.0 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS.
36
37 A. Any User who discharges any waste which causes or contributes to any
38 obstruction, interference, damage, or any other impairment to the Brine Line or tributaries
39 thereto or OCSD's POTW and sewerage facilities or to the operation of those facilities shall be
40 liable for all costs required to clean or repair the facilities together with expenses incurred by
41 SAWPA or OCSD to resume normal operations. Such discharge shall be grounds for permit
42 revocation.A service charge of twenty-five percent(25%)of SAWPA's costs shall be added to
43 the costs and charges to reimburse SAWPA for miscellaneous overhead, including
44 administrative personnel and record keeping.The total amount shall be payable within forty-five
45 (45) days of invoicing by SAWPA.
46
_77_
I B. Any User who discharges a waste which causes or contributes to SAWPA
2 violating its discharge requirements established by any Regulatory Agency and/or OCSD and
3 causing SAWPA to incur additional expenses or suffer losses or damage to its facilities,shall be
4 liable for any costs or expenses incurred by SAWPA,including regulatory fines,penalties,and
5 assessments made by other agencies or a court.
6
7 619.0 APPEALS. Except for Administrative Complaints as provided in Section 610.0:
8
9 A. Within ten (10) business days after service of an Administrative Order under
10 Sections 606.17, G, H, I, 607 or 608, the User may file a written appeal with the SAWPA
11 Commission. A fee of one hundred dollars ($100.00) shall accompany any appeal to the
12 SAWPA Commission.The written appeal shall state all of the facts and reasons that constitute
13 the basis for such an appeal. The written appeal shall be heard by the SAWPA Commission
14 within thirty(30)days from the date of filing of the written appeal. The SAWPA Commission
15 shall issue a final order on the appeal within forty-five (45)days from the date of filing of the
16 written appeal. Any User aggrieved by a final order issued by the Commission under this
17 Section may seek judicial review of the order of the Commission in superior court by filing a
18 petition for writ of mandate within thirty (30) days following the service of a copy of the
19 Commission's final order.Failure to file such a petition within that thirty(30)-day deadline shall
20 be deemed a waiver of such judicial review.
21
22 620.0 ALTERNATIVE ENFORCEMENT PROCEDURES. As additional and alternate
23 enforcement provisions, the General Manager may utilize the procedures and seek the civil
24 penalties provided in Sections 54739, 54740, 54740.5 and 54740.6 of the California
25 Government Code for violations of this Chapter,federal or California pretreatment requirements
26 or the terms and provisions of any permits issued pursuant to this Ordinance.
27
28 621.0 INVALIDITY.If any provision of this Ordinance or the application thereof to any User
29 or circumstance is held invalid, the remainder of this Ordinance and the application of such
30 provision to other Users or circumstances shall not be affected thereby.
31
32 622.0 INTERPRETATION. All the provisions of this Ordinance are to be reasonably
33 interpreted. The intent herein is to recognize that there are varying degrees of hazard to the
34 Brine Line,OCSD's POTW,personnel,environment and the public and to apply the principle
35 that the degree of protection shall be commensurate with the degree of hazard.
36
37
_78_
I ARTICLE 7
2 MISCELLANEOUS PROVISIONS
3
4 700.0 SEVERABILITY.If any provision of these regulations or the application to any other
5 circumstances is held invalid, the remainder of the regulations or the application of such
6 provision to other Users or other circumstances shall not be affected.
7
8 701.0 EFFECTIVE DATE.This Ordinance shall take effect immediately upon adoption,and
9 Ordinance No. 6, and any amendments thereto, is hereby repealed and superseded by this
10 Ordinance.
11
12 702.0 JUDICIAL REVIEW OF ORDINANCE. Pursuant to Section 1094.6 of the Code of
13 Civil Procedure,the time within which judicial review shall be sought concerning the adoption
14 of this Ordinance is ninety(90) days following the date on which the decision adopting it is
15 final. The decision adopting this ordinance is final on the date it is adopted.
16
17
18 ADOPTED this 15'"day of October 2013
19
20
21 SANTA A WATERSHED P OJE AUTHORITY
22
23
24 By
25 on o th o fission
26
27 ATTZAI�
28
29
30 Byu.9ti_
31 Secretary-Treasurer of the Commission
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INLAND EMPIRE BRINE LINE
MULTIJURISDICTIONAL PRETREATMENT AGREEMENT
This Multijurisdictional Pretreatment Agreement (Agreement) is entered into as of
October 15,2013,between Santa Ana Watershed Project Authority (SAWPA) and the
agencies(Agencies)using the Inland Empire Brine Line(Brine Line).
I. RECITALS
WHEREAS,Chino Basin Municipal Water District(CBMWD)and County Sanitation
Districts of Orange County entered into a Wastewater Interceptor Capacity Agreement
on April 12, 1972 (1972 Agreement)by which a 30 MGD interceptor capacity right
was acquired by CBMWD. This capacity right was subsequently transferred from
CBMWD to SAWPA on November 13, 1974; and
WHEREAS, SAWPA and County Sanitation Districts of Orange County entered into a
Memorandum of Understanding on April 1, 1991 (1991 MOU)entitled"Governing
Quality Control of Wastewaters Discharged to the Santa Ana Regional Interceptor';
and
WHEREAS, SAWPA and County Sanitation Districts of Orange County entered into
an agreement on July 24, 1996,entitled"Wastewater Treatment and Disposal
Agreement"(1996 Agreement)defining the terms and conditions for purchase and use
of the County Sanitation Districts of Orange County's treatment and disposal facilities;
and
WHEREAS, Orange County Sanitation District(OCSD) is the successor-in-interest to
the County Sanitation District No. 2 of Orange County, California; and
WHEREAS, SAWPA owns and operates the Inland Empire Brine Line(Brine Line),
formerly known as the Santa Ana Regional Interceptor and as the Santa Ana River
Interceptor by OCSD,which discharges to OCSD treatment and disposal facilities;and
WHEREAS,OCSD owns and operates wastewater treatment and disposal facilities
and is designated by the state of California as a Control Authority per Tide 40,Code
of Federal Regulations, Part 403 (40 CFR,Part 403)to implement requirements of the
National Pretreatment Program (Pretreatment Program); and
Page 1 of 24
WHEREAS, SAWPA did on October 15,2013, adopt Ordinance No. 7(superseding
Ordinance No. 6)entitled"An Ordinance Establishing Regulations for the Use of the
Inland Empire Brine Line"in accordance with federal regulations, contracts and
OCSD's Ordinance; and
WHEREAS,permitted facilities located within SAWPA's SARI or Brine Line service
area (Dischargers)are contributing wastewater, which includes brine,industrial, and
domestic wastewater,to OCSD's wastewater disposal and treatment facilities under
the terms of the 1991 MOU and 1996 Agreement; and
WHEREAS,under the terms of the 1991 MOU,OCSD has authorized SAWPA as the
Delegated Control Authority to administer and conduct a Pretreatment Program in
accordance with the requirements as set forth in 40 CFR, Part 403 and SAWPA's
Ordinance No. 7 and any subsequent or successor ordinance thereto (SAWPA's
Ordinance); and
WHEREAS, Eastern Municipal Water District(EMWD), Inland Empire Utilities,
Agency(IEUA),Jurupa Community Services District(JCSD), San Bernardino Valley
Municipal Water District(Valley),San Bernardino Municipal Water Department
(SBMWD),Western Municipal Water District(WMWD), and Yucaipa Valley Water
District(YV WD) (collectively Agencies) are currently or will upon execution of this
Multijurisdictional Pretreatment Agreement(Agreement)be conducting portions of
SAWPA's Pretreatment Program; and
WHEREAS,under the terms of the 1991 MOU and 1996 Agreement, SAWPA and
each of the Agencies are required to enter into an interjurlsdictional,agreement setting
forth the respective obligations to develop, implement and enforce a pretreatment
program; and
WHEREAS, SAWPA and the Agencies intend to implement a unified and
standardized Pretreatment Program with identified roles and responsibilities, as
required by the 1991 MOU and 1996 Agreement. The Pretreatment Program will
ensure full compliance and efficient implementation with SAWPA's management and
oversight that is based on a set of uniform and consistent policies and procedures. This
Agreement will define the roles and responsibilities of the Agencies in implementing
the Pretreatment Program; and
WHEREAS,neither SAWPA nor Agency,by entering into this Agreement
relinquishes to the other,any of its independent statutory or other power and
responsibilities relative to the provisions of sewer service; promulgation,
Page 2 of 24
administration and enforcement of waste discharge requirements; or operation of its
publicly-owned sewer facilities. However,by entering into this Agreement SAWPA
and Agencies do agree to the cooperative implementation of required powers and
responsibilities for ensuring the implementation of the Pretreatment Program; and
WHEREAS,this Agreement supersedes all previous pretreatment agreements with
SAWPA in their entirety.
II. DEFINITIONS
As used in this Agreement, the following temts shall have these meanings:
A. Agency or Agencies shall mean the agencies with discharge rights to the Brine
Line: EMWD, IEUA, JCSD,Valley, SBMWD, WMWD, and YVWD. Each
Agency has a geographically defined service area. For purposes of the
responsibilities described in this Agreement,each Agency's service area excludes
the service area of another Agency that it geographically comprises.
B. Agency-Owned Facilities shall mean facilities owned entirely or partially by any
Agency including sewer system pipelines,treatment plants, and collection stations.
C. Enforcement Response Plan (ERP)shall mean a document that contains step-by-
step enforcement procedures developed and approved by SAWPA and followed by
SAWPA and Agency personnel to identify, document, and respond to violations by
a Discharger, an Industrial User(IU), Significant Industrial User(SRJ)or Liquid
Waste Hauler(LWH).
D. SA WPA's Pretreatment Program Policies,Enforcement Response Plan and
Procedures Document shall mean documents developed and approved by SAWPA
defining the Pretreatment Program requirements and policies applicable to
SAWPA and the Agencies to implement the 1991 MOU, 1996 Agreement and
SAWPA Ordinance.
E. SOP shall mean standard operating procedures. SOPS are part of SAWPA's
Procedures Document and provide Pretreatment Program implementation
guidance.
F. Discharger shall mean a facility which is directly connected to the Brine Line or
indirectly connected to the Brine Line disposing wastewater to the Brine Line or a
Page 3 of 24
Liquid Waste Hauler disposing of wastewater to the Brine Line at an Agency
Collection Station.
G. Permit shall mean a Wastewater Discharge Permit signed and issued by SAWPA.
H. Pemiittee shall mean a Discharger that has been issued a Permit signed by
SAWPA.
111. AGREEMENT
NOW,THEREFORE, Agencies and SAWPA,in consideration of the mutual promises
or performance contained in this Agreement,do hereby agree as follows:
SECTION 1. GENERAL
A. SAWPA, as the Delegated Control Authority, is responsible for the management,
oversight and administration of the Pretreatment Program for all Dischargers
tributary and discharging to the Brine Line throughout the Upper Santa Ana River
Watershed (SAWPA's service area).
B. SAWPA has primary responsibility for implementation of all aspects of the
Pretreatment Program including but not limited to permitting,monitoring,
inspection,enforcement, and reporting of all Dischargers within the SAWPA
service area. This responsibility also extends to the Agency-Owned Facilities
issued a Permit including Collection Stations, Desalters,Treatment Plants and ion
Exchange Plants that are tributary and discharging to the Brine Line.
C. Under the oversight of SAWPA,Agencies that have Dischargers tributary and
discharging to the Brine Line most fulfill the roles and responsibilities described in
this Agreement including SAWPA Delegated Control Authority activities related
to,but not limited to,permitting,monitoring, inspection, enforcement, and
reporting of all Dischargers within the Agency service area, except Agency-Owned
Facilities. Each Agency shall fully implement,and enforce within its boundaries,
all the necessary Pretreatment Program requirements as set forth in 40 CFR,Part
403, and SA WPA's Ordinance, Pretreatment Program Policies, and ERP.
Page 4 of 24
D. For Agency-Owned Facilities, the Agency must have a Permit and shall perform
self-monitoring,reporting, and all other requirements defined in the Permit issued
by SAWPA. SAWPA shall implement all other Pretreatment Program
responsibilities directly for permitted Agency-Owned Facilities.
E. SAWPA shall prepare the Pretreatment Program Policies, Procedures Document
and ERP to define the Pretreatment Program's policies,procedures and range of
enforcement response options,respectively.The Pretreatment Program Policies,
Procedures Document and ERP set forth the detailed policies and procedures for
consistent administration, implementation,and enforcement of the Pretreatment
Program by the Agencies; any deviation thereof, without the express approval of
SAWPA,is not permitted. In the event of a conflict between the Pretreatment
Program Policies and ERP,the more stringent requirement shall apply, as
determined by SAWPA's General Manager.
F. Immediate Cessation of Discharge-Where a discharge to the Brine Line
reasonably appears to present an imminent danger to public health, safety, or
welfare, or presents or may present an imminent danger to the environment or
threatens to interfere with the operation of the Brine Line or OCSD's sewerage and
disposal facilities, or could pass through or contaminate treatment plant sludge,or
prevent water reclamation,Agencies shall immediately initiate emergency action
to halt the discharge per the ERP and SAWPA Ordinance.
G. Local Limits- SAWPA will adopt pollutant specific local limits as stringent as
necessary to protect the regional water quality and treatment and disposal facilities.
The Agencies shall implement and enforce pollutant specific local limits as
specified in 40 CFR, Part 403, SAWPA's Ordinance, Pretreatment Program
Policies,Procedures Document and ERP for those Dischargers tributary to the
Brine Line within the Agency service area.
H. Agencies may adopt additional or more stringent local limits to protect the
Agency-Owned Facilities.
1. SAWPA is responsible for identifying and permitting Dischargers subject to the
Pretreatment Program. Agencies shall prepare and maintain an updated industrial
user inventory by identifying Dischargers requiring Permits in accordance with the
requirements set forth in 40 CFR,Part 403, SAWPA's Ordinance, and
Pretreatment Program Policies and Procedures Document.
Page 5 of 24
J. Agencies shall have in place the staffing and resources necessary, including
fanding, to fully plan,manage and execute the required SAWPA delegated work
described by the mandates of the Pretreatment Program specified in the 40 CFR,
Part 403, SAWPA's Ordinance,ERP, Pretreatment Program Policies, and
Procedures Document. If an Agency fails to take appropriate action in executing
its role and responsibilities in a timely manner as required by SAWPA, SAWPA
and the Agency shall meet and confer to identify the cause of the failure and/or
deficiency,identify corrective actions and establish a schedule to complete
identified corrective actions. SAWPA at its sole discretion may limit or terminate
the Agency's role and responsibilities in the implementation of delegated
Pretreatment Program work and may implement and perform the required actions
directly to ensure compliance at the Agency's cost. In this case, the Agency shall
reimburse SAWPA the costs of performing the tasks and additional administrative
charges incurred by SAWPA.
K. Audits of Agencies- SAWPA will conduct once every two years or at a frequency
it deems necessary an audit of the Agencies to evaluate compliance with 40 CFR,
Part 403, SAWPA's Ordinance, Pretreatment Program Policies,Procedures
Document and ERP. SAWPA will issue a written record of the audit and its
findings.Upon issuance,Agencies shall respond to the audit findings and take any
corrective actions necessary to remedy any deficiencies found during the audit and
implement proactive measures to prevent a recurrence. For any longer duration
corrective action (over 90 days),a Corrective Action Plan shall be used to establish
and track interim milestones to meet the overall corrective action schedule. At
SAWPA's discretion, additional Agency audits or inspections may be conducted to
evaluate any component or activity of the Pretreatment Program performed by
Agency.
L. Public Notice-Any required Pretreatment Program-related public notices shall be
approved by SAWPA prior to issuance.
M. Agency costs-Each Agency shall be responsible for bearing its own costs for the
conduct of the Pretreatment Program, and it is not envisioned that SAWPA will
reimburse any such Agency costs.
N. Prohibition of Discharge Service to Sources Outside of SAWPA Service Area—
Permitting of any access to the Brine Line for wastewater originating outside of the
SAWPA service area,by any Agency for any user,Discharger,or any other
governmental or private entity is prohibited without the prior written approval of
SAWPA and OCSD.
Page 6 of 24
O. Records and Data Management—Each Agency agrees to provide SAWPA with
access to all records compiled as part of the Agency's Pretreatment Program
activities related to all discharges tributary to the Brine Line. SAWPA is
implementing a Pretreatment Program Data Management System that will serve as
a commonly accessible repository for all data collected in implementing the
Pretreatment Program. The system will be accessible to SAWPA and the
Agencies. Each Agency shall ensure that all appropriate data is promptly loaded to
this Data Management System,verified for completeness and accuracy to ensure
Pretreatment Program management, implementation and reporting.
P. Restricted Discharges to the Brine Line-The discharge of stormwater is not
authorized except as allowed for in SAWPA's Ordinance. Agencies shall make
reasonable efforts to ensure that stomtwater is not discharged to the Brine Line by
any public or private entity and that direct or indirect discharges of reclaimable
wastewater are minimized.
Q. Remedies for Breach- SAWPA has the right to take actions identified in the
Ordinance including legal action,to enforce the terms of this Agreement. SAWPA
has the right to take action directly against noncompliant Dischargers in the event
that an Agency is unable or unwilling to do so.
R. Each Agency shall comply with, and assure Pretreatment Program compliance
with the 1991 MOU and the 1996 Agreement and any amendments or successors
to them through compliance with this Agreement,40 CFR Part 403, SAWPA's
Ordinance, Pretreatment Program Policies,Procedures Document, and ERP, and
any other policies or procedures required by SAWPA.
S. All non-emergency communications from Agencies directed at OCSD shall be
conducted through SAWPA.
SECTION 2. LEGAL AUTHORITY
A. SAWPA is a Joint Powers Authority(JPA)per Section 6500 of the State
Government Code and delegated a Control Authority by OCSD to administer the
implementation of the Pretreatment Program for all Dischargers tributary to the
Brine Line in accordance with the 1991 MOU and 1996 Agreement.
B. SAWPA adopted Ordinance No.7 on October 15, 2013,and intends to adopt a
revised ordinance to incorporate or address additional federal and regional
Page 7 of 24
Pretreatment program requirements,or make clarifications or other appropriate
changes. SAWPA will maintain sufficient legal authority to implement the
Pretreatment Program by amendments to the Ordinance as required. SAWPA will
prepare and conduct any public hearings and notices required for the development
and adoption of any ordinance revision.
C. Agencies shall adopt the SAWPA Ordinance without changes except those
otherwise non-substantive changes required to conform the ordinance to the
adopting Agency, and shall adopt subsequent amendments or successor ordinances
within 60 days of SAWPA's adoption. The Agency's adopted ordinance shall be
no less stringent than SAWPA's Ordinance.
D. Each Agency hereby designates SAWPA as its agent for the purposes of
implementation and enforcement of the Agency's ordinance, and SAWPA
designates each Agency as SAWPA's agent for purposes of implementing and
enforcing SAWPA's Ordinance,against Dischargers located in that Agency's
service area. SAWPA and any Agency may take any action under the other's
ordinance that could have been taken by the Agency,including the enforcement of
the Ordinance in courts of law.
E. If the authority of SAWPA to act as an agent for an Agency under this Agreement
is challenged by a Discharger,in a court of law or otherwise, the Agency shall take
any actions reasonably necessary to ensure the implementation and enforcement of
the Agency's ordinance and SAWPA Ordinance against a Discharger.
SECTION 3. PERMITTING
A. Each Agency shall implement, as delegated by SAWPA, all the permitting and
relevant policies and procedures defined and set forth by SAWPA including but
not limited to compliance with the SAWPA Ordinance,40 CFR, Part 403
requirements,Pretreatment Program Policies, ERP,Procedures Document, SOPS,
schedules and timelines, forms,document templates,records and document
management,data management,and quality control.
B. Each Agency shall require that all Dischargers in the Agency's service area that
are seeking or renewing a Permit shall obtain, complete, and file a permit
application with SAWPA or with Agency on behalf of SAWPA in accordance with
the provisions of the SAWPA Ordinance, Pretreatment Program Policies and
Procedures Document.
Page 8 of 24
C. Upon receiving a Permit application,an Agency shall be responsible for
conducting pre-permit inspection(s),preparing an accurate and concise draft
Permit Fact Sheet and a draft Permit,and all the relevant supporting documents,
submitting the draft Permit Fact Sheet and draft Permit to SAWPA for review,
responding to comments on the draft documents, and submitting the final Permit
and final Permit Fad Sheet to SAWPA. The Agency shall deliver the complete
draft Permit and draft Permit Fact Shed to SAWPA for review no later than 45
calendar days prior to the Permit expiration date and in accordance with the
requirements set forth in the SAWPA Ordinance,40 CFR 403, Procedures
Document, and Pretreatment Program Policies.
D. SAWPA will finalize the Permit and Permit Fact Sheet and will submit to OCSD
in accordance with the requirements outlined in the 1991 MOU to obtain OCSD's
Permit concurrence.
E. SAWPA will sign and issue Permits for all Dischargers tributary and discharging
to the Brine Line and provide Permit approval and SAWPA General Manager or
designee signature. Agencies may also sign permits for non-agency owned
facilities that are Dischargers to the Brine Line. This dual signature recognizes the
joint role SAWPA and the Agencies have in administering the Permit. Agencies
agree that under no circumstances will any Discharger or proposed Discharger be
allowed to discharge wastewater into the Brine Line without a Permit reviewed by
OCSD and approved, signed and issued by SAWPA.
F. SAWPA or Agency will deliver the fully executed Permit to the Discharger by or
prior to the effective date of the Permit.
G. For Agency-Owned Facilities,Agency will prepare and submit to SAWPA the
Permit application as required from all Dischargers. SAWPA will process the
permit application for Agency-Owned Facilities in the manner described above.
SAWPA will be the sole signatory on the Permit and will deliver the Permit to the
Agency.
SECTION 4. SAMPLING, INSPECTIONS AND MONITORING
A. Unless directed otherwise by SAWPA,Agencies shall perform all required
sampling,inspection,or monitoring specified by SAWPA to comply with the
Pretreatment Program requirements, SA WPA's Ordinance, Pretreatment Program
Policies, Procedures Document and ERP. The sampling, inspection and monitoring
may include but are not limited to sampling,inspection and flow monitoring of the
Page 9 of 24
Dischargers,data review and compliance assessment,enforcement follow-up,
compliance investigation, and sampling for billing purposes(currently BOD,TSS,
and hardness)or any other Pretreatment Program-related field work requested by
SAWPA. SAWPA's Pretreatment Policies and Procedures Document describe
certain required Permittee self-monitoring. An Agency may at its discretion
perform any required self-monitoring on behalf of the Discharger.
B. Agencies shall review all sampling,inspection;monitoring data such as sampling
data and pollutant analyses,inspection reports, self-monitoring data,flow metering
data, all other relevant information collected from each Discharger by Agencies for
compliance with Permit requirements and shall report to SAWPA on a periodic
basis as specified in the Pretreatment Program Policies and Procedures Document,
and upon SAWPA's request.
C. For Agency-Owned Facilities, SAWPA shall perform all required sampling,
inspection,or monitoring required to comply with the Pretreatment Program,
except that Agencies shall perform all self-monitoring as specified in the Permit.
The sampling,inspection and monitoring may include but is not limited to
sampling, inspection and flow monitoring of the Agency Owned Facilities'
discharge, enforcement follow-up,compliance investigation, and sampling for
billing purposes (currently BOD,TSS,and hardness).
D. SAWPA may,without notice to the Agency, conduct sampling and inspections of
any Discharger or at any discharge point located within the Agency's jurisdiction,
or at any point along the Brine Line, as it deems necessary. Except in an
emergency and for Agency-owned Facilities, SAWPA shall notify the Agency of
the intended sampling or inspection as early as possible but not less than 24 hours
in advance in order to afford the Agency an opportunity to have a representative
present. Such notice may be oral or written. SAWPA may direct that the
monitoring or inspection not he communicated to the Discharger.
E. Where a discharge to the Brine Line reasonably appears to present an imminent
danger to public health, safety,or welfare, or presents or may present an imminent
danger to the environment or threatens to interfere with the operation of the Brine
Line or OCSD sewerage system, SAWPA General Manager may immediately take
any necessary steps including but not limited to any sampling and inspection to
identify the source of the discharge and halt the discharge.
Page 10 of 24
SECTION 5. ENFORCEMENT
A. SAWPA is responsible for enforcing the Pretreatment Program's requirements
within the SAWPA service area. The Agencies' roles and responsibilities are
defined per requirements and guidelines set forth in the SAWPA Ordinance,
Pretreatment Program Policies,Procedures Document, and ERP, including but not
limited to screening and identifying the Pretreatment Program violations,issuing
appropriate enforcement actions and taking the necessary follow-up actions as
specified in the SAWPA Ordinance and ERP.
B. SAWPA and Agencies shall take appropriate enforcement corrective action per
SAWPA's Ordinance, Pretreatment Program Policies, and ERP to eliminate
Discharger non-compliance.
C. SAWPA grants Agencies the authority to initiate and manage enforcement.
activities in accordance with the SAWPA Ordinance and ERP and any other
appropriate policies where applicable. Where it deems necessary, SAWPA has the
authority at its sole discretion to take over any enforcement action against a non-
compliant Discharger. Agencies shall provide notification of recommended
enforcement actions and obtain SAWPA's approval and signature of General
Manager or designee for any enforcement actions associated with major violations
and persistent non-compliance as defined in the ERP.
D. SAWPA and Agencies will determine Significant Non-Compliance(SNC) as
defined by the requirements of 40 CFR,Part 403 and SAWPA's Ordinance for
Dischargers within Agency's service area. SAWPA will review and verify the
determination per the Pretreatment Program Policies,Procedures Document,and
ERP and will take appropriate action.
E. For Agency-Owned Facilities, SAWPA will determine Significant Non-
Compliance(SNC) as defined by the requirements of 40 CFR,Part 403 and
SAWPA's Ordinance and will take appropriate action.
F. In the event that an Agency fails to comply with any requirements set forth in the
SAWPA Ordinance, ERP, Policies and Procedures Document in its
implementation of the Pretreatment Program in accordance with 40 CFR 403,
SAWPA may direct the Agency to complete enforcement actions or SAWPA may
exercise its authority to execute its responsibilities at the Agency's expense.
SAWPA and the Agency shall meet and confer to identify the cause of the failure
and/or deficiency, identify corrective actions and establish a schedule to complete
Page 11 of 24
identified corrective actions to ensure compliance with Pretreatment Program
requirements. SAWPA at its sole discretion may limit or terminate the Agency's
enforcement role and responsibilities in the implementation of delegate
Pretreatment Program work and may implement and perform the required
enforcement actions directly to ensure compliance at the Agency's cost. In this
case,the Agency shall reimburse SAWPA the costs of performing the enforcement
tasks and additional administrative charges incurred by SAWPA.
G. SAWPA will take necessary actions or issue orders to Agencies to address any
enforcement action taken by OCSD,any regulatory agency,or third party due to
implementation of the Pretreatment Program. Agency shall pay to SAWPA all
reasonable costs,penalties or fees incurred by SAWPA as a result of the Agency's
failure to comply with the SAWPA Ordinance, Pretreatment Program Policies,
ERP and Procedures Document requirements. These costs shall include but not be
limited to any fees,penalties, cost of repair, investigation, and SAWPA's
administrative overhead.
H. For Agency-Owned Facilities,SAWPA will take action in accordance with its
Ordinance, ERP,Policies,Procedures Document and the Wastewater Discharge
Permit,for non-compliance with Permit requirements and conditions.
SECTION 6. REPORTING
A. Agencies shall maintain files of all Dischargers' pertinent information including
but not limited to permitting,sampling, inspection, flow monitoring, compliance
and enforcement documents as defined in the Pretreatment Program Policies,
Procedures Documents and ERP. Upon SAWPA's request, Agencies shall provide
to SAWPA full access to such files. Upon SAWPA notice of completion of its data
management system,Agencies shall upload to the data management system
necessary information as required by SAWPA.
B. Agencies shall manage files and data to allow SAWPA to prepare and submit
monthly,quarterly, semi-annual, and annual reports in a manner to meet the OCSD
reporting requirements and timeline including water quality,permitting, sampling,
inspection,enforcement, monitoring data, and other information as required by
SAWPA. Reporting requirements, schedules, and timelines are contained in the
Pretreatment Program Policies, Procedures Document and ERP.
Page 12 of 24
C. Certification of Report Information. Agencies shall certify reports provided to
SAWPA per 40 CFR Part 403, SAWPA's Ordinance, and Pretreatment Program
Policies requirements.
SECTION 7. INDEMNITY
A. Each Agency hereby indemnifies SAWPA for all damage, fines and costs incurred
by SAWPA as a result of wastewater discharge from the Agency's service area
including but not limited to fines,fees,penalties, charges,including those imposed
by OCSD, a regulatory agency,or a court of law,or costs incurred by SAWPA,
directly or passed through firm OCSD or any other entities,resulting from injury
to personnel, damage to facilities,disruption of treatment processes or operations,
degradation of sludge quality,NPDES permit violations, and other air,water, and
sludge quality violations.
B. SAWPA hereby indemnifies each Agency for all damages, fines and costs incurred
by the Agency, imposed by a regulatory agency or a court of competent
jurisdiction, arising out of the implementation of the Pretreatment Program and
due solely to the negligence of SAWPA, including but not limited to fines,fees,
penalties,charges or costs resulting from injury to agency personnel,damage to
agency facilities, disruption of treatment processes or operations, and other air and
water quality violations.
SECTION 8.NOTICE
Except as otherwise provided herein, all notices and other communications required or
permitted hereunder shall be in writing,and shall be delivered in person, electronic
telecommunication (e.g. E-mail or Fax),or sent by registered mail or certified mail,
return receipt requested,and shall be deemed received upon actual receipt or 72 hours
after deposit in the mail of the United States Postal Service,postage prepaid and
addressed as follows:
To SAWPA:
Santa Ana Watershed Project Authority(SAWPA)
Attention: General Manager
11615 Sterling Avenue
Riverside, CA 92503
(951)354-4220
(951) 785-7076 (fax)
Page 13 of 24
To Agencies:
Eastern Municipal Water District(EMWD)
Attention: General Manager
2270 Trumble Road
Perris, CA 92570
(951)928-3777
(951)927-6177(fax)
Inland Empire Utilities Agency(IEUA)
Attention: General Manager
6075 Kimball Avenue
Chino,CA 91710
(909) 993-1600
(909) 597-8875 (fax)
Jurupa Community Services District(JCSD)
Attention: General Manager
11201 Harrel Street
Jurvpa Valley,CA 91752
(951)685-7434
(951)685-1153 (fax)
Western Municipal Water District(WMWD)
Attention: General Manager
14205 Meridian Parkway
Riverside, CA 92518
(951) 571-7100
(951)571-0590(fax)
San Bernardino Municipal Water Department(SBMWD)
Attention: General Manager
300 N. D Street—5'n Floor
San Bernardino,CA 92418
(909) 384-5141
(909) 384-5158 (fax)
Page 14 of 24
San Bernardino Valley Municipal Water District(Valley)
Attention: General Manager
380 E. Vanderbilt Way
San Bernardino,CA 92408
(909)397-9200
(909)387-9247(fax)
Yucaipa Valley Water District(YVWD)
Attention: General Manager
P.O. Box 730
Yucaipa,CA 92399
(909) 797-5117
(909)797-6381 (fax)
SECTION 9. AMENDMENTS AND MODIFICATIONS
Except as provided in Section 10 below,the terms of this Agreement may be amended
only in writing executed by all of the signatories hereto. SAWPA and the Agencies
shall review and revise this Agreement as necessary at least once every three years
from the effective date. Notwithstanding amendments to this Agreement, compliance
with the Federal Clean Water Act(42 U.S.C. Section 1251 et. seq.) and rules and
regulations(40 CFR Part 403),including amendments thereto, is continuously
required.
SECTION 10.TERMINATION
This Agreement will remain in effect unless terminated by SAWPA or by all of the
Agencies. SAWPA may terminate this Agreement in its entirety or with respect to any
of the Agencies by providing 90 days written notice to the affected Agencies. Any
Agency may terminate its participation in this Agreement by providing 90 days written
notice to SAWPA. All benefits and obligations under this Agreement will cease as to
the terminating Agencies on the 91'day following such notice if the notice is not
earlier withdrawn.
Page 15 of 24
SECTION 11. SEVERABILITY
If any term of this Agreement is held to be invalid in any judicial action,the remaining
terms will be unaffected.
SECTION 12. RIGHTS AND RESPONSIBILTIES OF ORANGE COUNTY
SANITATION DISTRICT RETAINED
The parties to this Agreement understand and agree that OCSD retains its rights and
responsibilities as defined in the 1991 MOU and 1996 Agreement. This Agreement in
no way diminishes the effectiveness or reduces the scope of the 1991 MOU and 1996
Agreement.
Page 16 of 24
Inland Empire Brine Line
Multijurisdicdonal Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
EASTE M TPAL WATER DJS�1�T//off
BY
Name Philip p_ Paule
Title prawn hoard President
Date January 11 , 2014
Page 17 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof.this Agreement is executed as follows:
INLAND UTILITIES AGENCY
i
By
Name
Title `X"("\ Mo.'ro.4f.Y
Date �ko�,r 201n3
Page 18 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
JURUPA COMMUNITY SERVICES DISTRICT
By
Name Robert Craig
Title Board President
Date November 25, 2013
ATTEST:
Jul' FF-,13ba, Boar Secretary
Page 19 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
SAN BERNARD LEY MUNICIPAL WATER DISTRICT
B �_
Y
Name C. Patrick Milligan
Title. Board President
Date November 5 2013
II
I
Page 20 of 24
j
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
SAN BERNA��RDDIINO MUNICIPAL WATER DEPARTMENT
BY �LGH, G(�d�iA'06i—
cl
Name � .4dS Ade
��
Title (Mn(/XJ AAnAg h—
Date
�l
Page 21 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
SANTA ANA WATERSHED PROM T AUTHORITY
By
Name DO?:ALD D.GALLEANO
Title ACTING CHAIR
Date OCTOBER 15 2013
Page 22 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
WESTERN MUNICIPAL WATER DISTRICT
BY �s
Name THOMAS P. EVANS
Title President
Date November 20. 2013
Page 23 of 24
Inland Empire Brine Line
Muliijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
YUCAIPA VALLEY WATER DISTRICT
By�
Name oseph B. Zoba
Title General Manager
Date December 10, 2013
Page 24 of 24
SAWPA Pretreatment Program Policies
Preface: Thfs document is applicable to the
operation of the SAWPA Pretreatment
Program upon approval and implementation.
s
�1
October 15, 2013
Santa Ana Watershed Project Authority
11615 Sterling Avenue
Riverside, CA 92503
951.354.4220
SAWPA
SAWPA PRETREATMENT PROGRAM
F Policies
Table of Contents
1.0 Policies Overview.............................................................................................................1-1
1.1 Purpose..........................................................................................................................1-1
1.2 Updates..........................................................................................................................1-1
1.3 Implementation Overview.............................................................................................1-1
2.0 SAWPA Mission, Goals and Objectives ..........................................................................2-1
2.1 Mission Statement.........................................................................................................2-1
2.2 SAWPA's Goals and Objective in the Watershed........................................................2-1
3.0 SAWPA Pretreatment Program Overview........................................................................3-1
3.1 Background and History................................................................................................3-1
3.2 Introduction to SAWPA's Industrial Pretreatment Program.........................................3-2
4.0 Legal Documents and Authorities ....................................................................................4-1
4.1 1991 Memorandum of Understanding(MOU).............................................................4-1
4.2 1996 Wastewater Treatment and Disposal Agreement.................................................4-1
4.3 Member Agency and Contract Agency Multijurisdictional Pretreatment Agreement
(MJPA)..........................................................................................................................4-2
4.3.1 Multijurisdictional Pretreatment Agreement Review............................................4-2
4.4 Other SAWPA Brine Line Related Legal Authorities..................................................4-3
4.5 Orange County Sanitation District (OCSD) Roles and Responsibilities......................4-3
4.6 Overview of Agency Roles and Responsibilities..........................................................4-4
4.7 Ordinance(Legal Authority).........................................................................................4-4
4.8 Local Limits..................................................................................................................4-5
4.9 Enforcement Response Plan (ERP)...............................................................................4-5
4.9.1 ERP Implementation..............................................................................................4-5
5.0 Program Operations and Communications Overview......................................................5-1
5.1 Program Operations and Management Structure..........................................................5-1
5.2 SAWPA Roles and Responsibilities.............................................................................5-1
5.2.1 Personnel................................................................................................................5-2
5.2.2 Communications....................................................................................................5-2
5.2.3 Data and Information Management.......................................................................5-3
5.2.4 Records Management.............................................................................................5-3
SAWPA Pretreatment Program Policies
October 15,2013 i
SAWPA PRETREATMENT PROGRAM
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5.2.5 Confidentiality.......................................................................................................5-4
5.3 Program Operations Audits...........................................................................................5-4
5.3.1 Program Audit System...........................................................................................5-4
5.3.2 Audit Findings Resolution.....................................................................................5-5
6.0 Pretreatment Program Financial Resources......................................................................6-1
6.1 Financial Planning.........................................................................................................6-1
6.2 Budget Management.....................................................................................................6-1
6.2.1 Funding and Cost Recovery System......................................................................6-1
6.2.2 Expenditure Tracking, Control and Reporting.......................................................6-1
Figures
Figure 3-1 Pretreatment Program Regulatory Structure
Appendices
Appendix 3-1 Brine Line Service Area Map
Appendix 3-2 Collection Station Map
Appendix 4-1 1991 Memorandum of Understanding
Appendix 4-2 1996 Wastewater Treatment and Disposal Agreement
Appendix 4-3 Multijurisdictional Pretreatment Agreement
Appendix 44 Ordinance No. 7
Appendix 4-5 Resolution No. 2011-13
Appendix 4-6 Enforcement Response Plan
SAWPA Pretreatment Program Policies
October 15,2013 it
SAWPA PRETREATMENT PROGRAM
F Policies
1.0 POLICIES OVERVIEW
1.1 Purpose
Santa Ana Watershed Project Authority's (SAWPA's) Pretreatment Program Policies document
was developed to net as a repository for documentation related to the creation and long-term
implementation of the Industrial Pretreatment Program (Pretreatment Program). The document's
purpose is to outline the reason for the Pretreatment Program's existence, and its value to the
organization and SAWPA's service area. It should be viewed as the resource for answering
"why"the Pretreatment Program is a vital component of SAWPA's successful management of
resources in the Santa Ana River Watershed(Watershed)and beyond.
1.2 Updates
SAWPA's Pretreatment Program Policies document is a living document that is designed to be
continuously updated and improved as new SAWPA goals and objectives are developed. The
document should also be updated as new regulations,agreements; requirements or other policies
are developed, approved, and implemented.
SAWPA's Pretreatment Program Policies document is subject to periodic revisions and approval
by SAWPA's five member Commission in a public meeting.
Updates to SAWPA's Pretreatment Program Policies will be tracked and documented by
SAWPA staff and revisions executed for Commission approval in a timely manner. Minor
updates may be documented by SAWPA staff internally for eventual formal adoption.
1.3 Implementation Overview
SAWPA's Pretreatment Program Policies are derived from various legal and binding documents
including memoranda of understanding, agreements and contracts adopted by SAWPA's
Commission. Policies in this document are derived from those binding documents and apply to
the parties for which they were intended.
Nothing in this SAWPA Pretreatment Program Policies document supersedes the binding
documents.
SAWPA Pretreatment Program Policies
October 15,2013 1-1
SAWPA PRETREATMENT PROGRAM
F Policies
2.0 SAWPA MISSION, GOALS AND OBJECTIVES
2.1 Mission Statement
SAWPA was first formed in 1968 as a planning agency with a mission to protect the water
quality of the Watershed. SAWPA is a Joint Powers Authority(government agency) as
classified under California Law. SAWPA has constructed a number of projects increasing water
supply and improving water quality within the watershed. SAWPA also has facilitated a number
of regional agreements allowing agencies to address problems on a watershed-wide level. As
part of the regional SAWPA focus, over$300 million of State Bond funds have been directed
toward projects directly improving water quality and reliability within the watershed.
SAWPA's Mission Statement is:
Santa Ana Watershed Project Authority's (SAWPA) mission is to develop and maintain
regional plans,programs and projects that will protect the Santa Ana River Water resources to
maximize beneficial uses within the watershed in an economically and environmentally
responsible manner.
Related to SAWPA's mission statement:
SAWPA strives to make the Santa Ana River Watershed more sustainable through fact-based
planning and informed decision-making, regional and multi jurisdictional coordination, and the
innovative development of policies,programs,and projects.
2.2 SAWPA's Goals and Objective in the Watershed
As a Joint Powers Authority, SAWPA provides a unified voice for the water management needs
within the watershed. SAWPA is composed of five member agencies:
• Eastern Municipal Water District
• Western Municipal Water District
• Inland Empire Utilities Agency
• San Bernardino Valley Municipal Water District
• Orange County Water District
In addition to its five member agencies, SAWPA partners with numerous agencies across the
region to accomplish its goals and objectives. The total area of the Watershed is 2,650 square
miles and includes Western Riverside County, Northern Orange County, Western San
Bernardino County, and a small portion of Los Angeles County. There are over 6 million people
who live within the watershed.
SAWPA's mission statement is linked to various goals and objectives in the watershed that are
accomplished in part by the following:
SAWPA Pretreatment Program Policies
October 15,2013 2-1
SAWPA PRETREATMENT PROGRAM
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Inland Empire Brine Line
The Inland Empire Brine Line or Brine Line(also known in the past as the Santa Ana Regional
Interceptor or SARI) is intended to provide a cost-effective, sustainable means of disposal of
non-reclaimable wastes for utilities and industry within the Watershed. The highest and best use
of the Brine Line is the removal of salts from the Watershed to keep them from degrading water
quality within the Watershed, thereby allowing better use of groundwater resources and
expanding the ability to reclaim and recycle water from wastewater treatment plants. The long-
term goal of achieving salt balance within the region depends on the ability to remove salts from
the Watershed via the Brine Line.
The Brine Line is an effective and economical means for customers to dispose of salty
wastewater. Publicly Owned Treatment Works(POTW), also known as wastewater treatment
plants,in inland areas have local limits to regulate the discharge or salts or total dissolved solids
(TDS)within their service area. The limits on the discharge of salts may prevent an industry
from discharging its industrial wastewater to the sanitary sewer. The Brine Line can provide an
alternative to these industrial dischargers with high salt wastewater.
The Brine Line also serves brackish groundwater desalters that use reverse osmosis or other
treatment technologies to produce an additional water supply for the region. They depend on an
economical means of salt disposal provided by a viable regional Brine Line. Brackish
groundwater desalters:
• Promote job opportunities and economic growth
• Provide a reliable local water source to support economic growth and a growing
population
• Work towards the goal of salt balance within the watershed
The Brine Line removes approximately 500,000 lbs of salt per day from the Inland Empire. This
protects and improves groundwater quality through salt and contaminant removal. In addition,
the Brine Line indirectly protects Orange County's water supply and resources by eliminating
salts and contaminants that can make their way into aquifers used as a drinking water source.
The Brine Line extends west towards Orange County. The Brine Line transports the salty
wastewater to a treatment plant operated by the Orange County Sanitation District(OCSD).
After treatment,the water is discharged to the Pacific Ocean. The Brine Line allows a variety of
industries and water treatment plants (such as groundwater desalters)to dispose of concentrated,
high salt waste locally.
SAWPA in turn implements an Industrial Pretreatment Program to protect the Brine Line and
Orange County Sanitation District infrastructure, and to comply with state and federal
regulations and requirements associated with disposal to the Pacific Ocean. An overview of the
Industrial Pretreatment Program is included in Section 3.0.
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October 15,2013 2-2
SAWPA PRETREATMENT PROGRAM
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3.0 SAWPA PRETREATMENT PROGRAM OVERVIEW
3.1 Background and History
The Inland Empire Brine Line(Brine Line), a regional brine line, is designed to convey 30
million gallons per day(MOD) of high salinity wastewater from the upper Santa Ana River basin
to OCSD for treatment prior to disposal. Wastewater is discharged by permitted facilities to the
Brine Line through direct connection to the Brine Line or through trucked waste haulers that
discharge at Collection Stations (indirect discharge). Appendix 3-1 illustrates the Brine Line
Service Area, the Member Agency boundaries and the locations of the Brine Line Collection
Stations. The non-reclaimable wastewater consists of desalter concentrate and industrial
wastewater. Domestic wastewater is also received on a limited and generally temporary basis.
To date over 73 miles of the Brine Line have been completed. The most recent extension,23
miles in length(Reach V),was completed in 2001. The upstream extension(Reach IV D and IV
E)was completed in 1995 to the City of San Bernardino Wastewater Treatment Plant. Reach IV
A serves the Chino Basin area and Reach IV B serves the southwestern portion of the City of
Riverside. In the early 2000's Eastern Municipal Water District constructed a lateral from inside
their service area to Reach V of the Brine Line. Yucaipa Valley Water District(YV WD)has
recently completed construction of a Brine Line extension from San Bernardino to their service
area. The extension should be operational in 2013.
Member Agencies are agencies that are part of SAWPA joint powers authority as described
above in Section 2.2 and part of the SAWPA Pretreatment Program through a multijurisdictional
agreement while Contract Agencies are part of the SAWPA Pretreatment Program through the
same multi jurisdictional agreement without being SAWPA members under the joint powers
authority. Regardless of the affiliation with SAWPA both Member and Contract Agencies have a
vested interest and significant financial investment in the Brine Line. In addition both Member
and Contract Agencies are highly committed to the success of the Pretreatment Program and the
operation of the Brine Line.
As of September 2013,the Contact Agencies included in the SAWPA Pretreatment Program are
San Bernardino Municipal Water District,Yucaipa Valley Water District and Jumpa Community
Services District.
Figure 3-1 illustrates the relationship between, OCSD, SAWPA, Member Agencies, and
Contract Agencies.
SAWPA Pretreatment Program Policies
October 15,2013 3-1
SAWPA PRETREATMENT PROGRAM
Policies
Approval Authority
Control Authority
Desi Auto ty
AuControl
hrity
Conhac[
Agencies
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Urof BMWat [YM6FNrw GW®P WWva IMuwYUws Vcv�
IMUWN Vwn INUEi9lhas INueM9 U®re
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FIGURE 3-1. PRETREATMENT PROGRAM REGULATORY STRUCTURE
3.2 Introduction to SAWPA's Industrial Pretreatment Program
SAWPA's Pretreatment Program is in place to protect the sewerage system including the Brine
Line and OCSD facilities;the marine environment at the ultimate disposal site in the Pacific
Ocean;to meet OCSD's NPDES permit requirements established by EPA,the Santa Ana
Regional Water Quality Control Board(RWQCB) and the State Water Resources Control Board
(SWRCB); and all other applicable provisions of the law.
Several agreements and memoranda of understanding are in place and have been since the early
1970's that establish the regulatory or legal basis for SAWPA's Pretreatment Program as
described in Section 4 of this Policy Document. Primarily SAWPA's Pretreatment Program is
responsible for developing, implementing and enforcing an industrial pretreatment program as
set forth in Title 40, Code of Federal Regulations, Part 403 (40 CFR 403). OCSD and SAWPA
have in place a Memorandum of Understanding(MOU)that defines the basic requirements for
the program(see Section 4.1 below).
SAWPA's Pretreatment Program has an Ordinance in place that provides the legal authority to
regulate and control the quality of discharges to the Brine Line in accordance with 40 CFR 403
and has established through a SAWPA Commission Resolution local permit limits and best
management practices to limit pollutants in discharges to the Brine Line. The Ordinance
SAWPA Pretreatment Program Policies
October 15,2013 3-2
SAWPA PRETREATMENT PROGRAM
F Policies
authorizes the use of control mechanisms in the form Wastewater Discharge Permits (Permits)to
authorize,regulate,control, and monitor waste discharges to the Brine Line.
There are a number of ways to dispose of wastewater to the Brine Line:
Direct Discharge
A Direct Discharge customer is close enough to construct a direct-connection and produces a
volume of waste to economically justify the connection cost Direct Discharge customers
generally must purchase pipeline and treatment and disposal capacity before a permit is issued.
Indirect Discharge
An Indirect Discharge customer is generally not physically close enough to the Brine Line to
allow for the connection to be economically feasible or there may be other constraints or factors.
Indirect Dischargers may obtain an Indirect Connect Discharge permit and use a permitted
Liquid Waste Hauler to transport the wastewater to the Brine Line using a Collection Station
managed by a Member or Contract Agency.
Liquid Waste Hauler
Liquid Waste Hauler(LWH) customers are permitted to transport and discharge, on behalf of an
Indirect Discharger, a small amount of high TDS wastewater. Permitted Indirect Dischargers are
generally not located close enough to the Brine Line to make a direct connection economically
feasible. Liquid waste is disposed of at one of the Brine Line Collection Stations using a
permitted commercial Liquid Waste Hauler(refer to Appendix 3-2 for location of the Collection
Stations). The Collection Stations are located within the SAWPA service area within twenty(20)
miles of most Indirect Dischargers.
Regardless of the disposal method, direct discharge or indirect discharge, industries that typically
benefit from disposal of salty,concentrated wastewater to the Brine Line include:
• Biotech manufacturing • Commercial Laundries
• Power and co-generation plants • Food/Beverage Processing
• Medical Supply Manufacturing • Large Water Softeners
• Water Purification Plants(Reverse • Large Cooling Towers
Osmosis facilities, Bottled water, and • Large Boilers
ion exchange facilities) • Ultra Pure Water
• Computer Chip Manufacturers
SAWPA Pretreatment Program Policies
October 15,2013 3-3
SAWPA PRETREATMENT PROGRAM
F Policies
4.0 LEGAL DOCUMENTS AND AUTHORITIES
4.1 1991 Memorandum of Understanding(MOU)
A Memorandum of Understanding between County Sanitation District No. 1 of Orange County
(now known as Orange County Sanitation District, OCSD)and the SAWPA was entered into on
April 1, 1991 (1991 MOU) and is included in Appendix 4-1. The 1991 MOU contains specific
language related to retention of powers, water quality,permitting, inspection, monitoring,
enforcement,and reporting processes related to wastewater discharges originating in the Upper
Watershed of the Santa Ana Regional Interceptor Line(now known as the Inland Empire Brine
Line or Brine Line). Prior to the 1991 MOU, SAWPA, and OCSD had two Agreements dated
April 12, 1972, entitled"Assignment Waste Water Treatment, and Disposal Agreement" and
"Waste Water Interceptor Capacity Agreement". In 1996, an agreement was signed that
superseded the 1972 Treatment&Disposal Agreement.
Through the 1991 MOU Section 6.C, SAWPA, each Member Agency and each Contract Agency
were assigned the responsibility to develop, implement,and enforce a Pretreatment Program and
assume all obligations set forth in Title 40, CFR Part 403. SAWPA has a Multijurisdictional
Pretreatment Agreement (MJPA)with the Member Agencies and the Contract Agencies to define
the overall roles and responsibilities of all parties. The MJPA is being revised(2013)to include
SAWPA issuing and executing dual signatory permits with the corresponding Member or
Contract Agency to all dischargers.
In terms of 40 CFR 403,the RWQCB of the State of California's Environmental Protection
Agency is the Approval Authority, and OCSD is the Control Authority. Per Section LE of the
1991 MOU, SAWPA retains the power to exercise jurisdiction and control in accordance with
OCSD's ordinance related to the quality requirements to be met by all dischargers of wastewater
tributary to OCSD's treatment and disposal facilities. SAWPA is considered a Delegated Control
Authority and with its Member Agencies and Contract Agencies through the MJPA and
Ordinance No. 7,administer the Program by performing permitting, inspections, monitoring,
enforcement, and reporting duties as stated in the 1991 MOU.
SAWPA does not have an NPDES Permit issued by the Approval Authority that specifies the
requirements of the Pretreatment Program. Instead, SAWPA is a Delegated Control Authority of
OCSD.
In addition to regulating the dischargers to the Brine Line, SAWPA regulates LWHs that
transport wastewater to the Brine Line through the issuance of permits specific to LWHs.
4.2 1996 Wastewater Treatment and Disposal Agreement
The 1996 Wastewater Treatment and Disposal Agreement(1996 Agreement)between OCSD
and SAWPA became effective July 24, 1996. The 1996 Agreement is included in Appendix 4-
2.The 1996 Agreement includes definitions,recitals,and covenants applicable to the treatment
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and disposal of wastewater by OCSD and SAWPA. The 1996 Agreement provides for the
treatment and disposal of wastewater at OCSD's facilities and that the delivery of wastewater to
OCSD's treatment and disposal facilities will occur through the Brine Line (previously known as
the SARI).
The 1996 Agreement includes definitions and provisions for the quality of wastewater
discharged from SAWPA's Brine Line service area to OCSD's facilities including compliance
with OCSD's Ordinance and all discharge limitations in OCSD's Ordinance as measured at the
Green River Metering Station(near the point of connection between SAWPA and OCSD's
facilities).
4.3 Member Agency and Contract Agency Multijurisdictional Pretreatment
Agreement (MJPA)
The 1991 MOU between OCSD and SAWPA(Section 6.C) stipulates that each Member Agency
and all other Contract Agencies that discharge to the Brine Line are to enter into an agreement
with SAWPA that acknowledges their responsibility to develop, implement, and enforce an
industrial pretreatment program and all obligations in 40 CFR 403.
In 2013, SAWPA executed a new MJPA with all Member Agencies and Contract Agencies to
replace the existing Member Agency agreements with SAWPA. The primary changes are: (1)
SAWPA will finalize and include dual signatures with the corresponding Member or Contract
Agency on all permits (Direct, Indirect, LWH); (2) SAWPA will solely execute and issue permit
to Member and Contract Agencies that are dischargers to the Brine Line; (3) SAWPA and
Member/Contract Agencies unde takejoint enforcement as outlined in the Program's
Enforcement Response Plan(ERP) for any Major Violation or Violation Meeting and higher; (4)
a single set of procedures will be used by all personnel working on the SAWPA Pretreatment
Program; and(5)the SAWPA Ordinance, and Policy Document including ERP will be adopted.
Member and Contract Agency roles and responsibilities are defined in the MJPA. The MJPA is
included in Appendix 4-3. These policies are applicable to Contact Agencies including San
Bernardino Municipal Water Department,Yucaipa Valley Water District and Jumpa Community
Services District.
4.3.1 Multijurisdictional Pretreatment Agreement Review
Periodically the Multijurisdictional Pretreatment Agreements between SAWPA and the Member
Agencies and Contact Agencies are reviewed and updated as stipulated in the executed
Multijurisdictional Pretreatment Agreement. The revisions are typically drafted by SAWPA and
concurrence received from the Member Agency and the Contract Agency. The draft
Multijurisdictional Pretreatment Agreement is sent to OCSD for review of conformance with 40
CFR Part 403 (MOU Section 6.C). No provisions for Multijurisdictional Pretreatment
Agreement conformance recommendations with 40 CFR Part 403 by OCSD is included in the
MOU,but OCSD may present recommendations to SAWPA staff for consideration. The
' Member Agency and Contract Agency Multijurisdictional Pretreatment Agreements pending finalization(2013)
and to be inserted when completed.
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Multijurisdictional Pretreatment Agreement is presented to the SAWPA Commission for
approval in a public meeting. In addition,the Member/Contract Agency presents the agreement
to its elected officials for approval. After the elected officials'approval, signatures from
SAWPA and the Member/Contract Agency are obtained and the agreement is implemented.
4.4 Other SAWPA Brine Line Related Legal Authorities
The 1996 Agreement does not create any right of SAWPA to capacity in the Brine Line or any
obligation of OCSD to provide such capacity. Capacity rights for the Brine Line are set forth in
the Waste Water Interceptor Capacity Agreement(1972).
SAWPA adopts, by resolution, a pricing structure for the Brine Line. This resolution is
periodically updated. Resolution 2011-11 establishes the purchase price for treatment and
disposal capacity rights. Resolution 2013-05 establishes the rates for discharge to the Brine
Line. These Resolutions and any subsequent updates can be found on the SAWPA website.
Numerous SAWPA Commission Resolutions and Ordinances have been approved in the past to
effectively manage the Brine Line and implement the Industrial Pretreatment Program.
Resolution No. 2011-13 Establish Local Permit Limits and Best Management Practices
Requirements
Resolution No. 2011-11 Establish Purchase Price for Brine Line Treatment &Disposal Rights
(Effective 7/19/11 rescinds Resolution 487)
Resolution No. 295 Establish Price for Purchasing Discharge Rights (7/8/97)
4.5 Orange County Sanitation District (OCSD) Roles and Responsibilities
OCSD's roles and responsibilities are as defined in the 1991 MOU and the 1996 Agreement.
OCSD is the Control Authority for the Pretreatment Program. Responsibilities described in the
1991 MOU and 1996 Agreement include,but are not limited to the following:
• Promulgate and enforce an approved pretreatment program;
• Adopt an Ordinance setting quality requirements which must be met by all dischargers of
wastewater tributary to the OCSD treatment and disposal facilities, including the
wastewater from SAWPA's service area;
• Cooperative implementation of required powers and responsibilities for insuring the
quality of wastewaters tributary from SAWPA's service area to OCSD's treatment and
disposal facilities;
• Review of all proposed permits to be issued by SAWPA and provide written concurrence
to SAWPA;
• Review of SAWPA's Ordinance and amendments,and intejurisdictional2 agreements
concerning discharge of waste to the Brine Line for conformance with 40 CFR Part 403;
Interjurisdictional agreements are replaced with a Multijurisdictional Pretreatment Agreement.
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• Review SAWPA, Member Agency, and other(Contract)Agency enforcement efforts to
ascertain diligent enforcement of mandates and the 1991 MOU; and
• Review SAWPA, Member Agency, and other(Contract)Agency for adequacy of the
Pretreatment Program in conformance with 40 CFR 403 and all OCSD requirements.
4.6 Overview of Agency Roles and Responsibilities
In 2013, SAWPA transitioned to a new Multijurisdictional Pretreatment Agreement(MJPA)that
further defines roles and responsibilities for implementation of the Pretreatment Program
between SAWPA, Member Agencies, and Contract Agencies. The executed MJPA is located in
Appendix 4-3 a
Highlights of the Agencies' roles and responsibilities related to the Pretreatment Program and the
Brine Line are defined in the MJPA and include:
• Comply with the 1991 MOU, 1996 Agreement, Multijurisdictional Pretreatment
Agreement, 40 CFR 403, SAWPA's Ordinance, SAWPA Policy Manual, SAWPA
Procedures Document, and SAWPA Enforcement Response Plan;
• Adopt SAWPA's Ordinance without changes except those otherwise non-substantive
changes required formally conforming the ordinance to the adopting Agency;
• Agency shall adopt and follow all the permitting and relevant policies and procedures,
including forms and document templates;
• Agency shall be responsible for obtaining a permit application, conducting pre-permit
inspection, and preparing a draft Permit Fact Sheet and draft Permit;
• Agency shall prepare a complete draft Permit and Permit Fact Sheet for SAWPA's
review no later than 45 days prior to the intended issuance date; and
• Agencies (Member and Contract) will conduct monitoring, inspection, evaluation of
permit compliance, initiate and jointly conduct enforcement, reports, and permit
renewals.
4.7 Ordinance (Legal Authority)
SAWPA adopted a wastewater ordinance(Ordinance No. 1, in May 1982) and has revised the
Ordinance numerous times since then. The current ordinance is Ordinance No. 7,adopted
October 15, 2013 (See Appendix 4-4). The Ordinance is updated to be consistent with
regulations and OCSD's governing ordinance and agreement. The SAWPA Ordinance is
reviewed at least every five(5)years. Any changes to SAWPA's Ordinance shall be reviewed
by OCSD for conformance with 40 CFR Part 403 (1991 MOU, Section 6.1)). Refer to 1991
MOU, Recital 6 regarding the OCSD review process. As noted above and in the MJPA between
SAWPA and the Member Agencies/Contract Agencies,Agencies are required to review the
SAWPA Ordinance revision and update their ordinances or incorporate changes soon after
adoption.
'Pending.To be included when MJPA is executed.
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SAWPA will notify the Member/Contract Agencies prior to changes to its governing ordinance
or local limits. This notification is primarily for input and coordination purposes.
4.8 Local Limits
SAWPA Resolution 2011-13 includes the Local Limits and Best Management Practices
associated with Brine Line Operation(See Appendix 4-5). The technical basis for the Resolution
is included with the Resolution adoption Commission files. The Local Limits are maintained to
be consistent with OCSD's requirements and any special concerns for the Brine Line. These
Local Limits are to be specified in Permits issued by SAWPA and the Member/Contract
Agencies. The Member/Contract Agencies in turn adopt Brine Line Local Limits that are at least
as stringent as the SAWPA Local Limits. The SAWPA Local Limits are reviewed every five (5)
years and updated as required.
4.9 Enforcement Response Plan (ERP)
SAWPA first adopted an ERP in 2004. The ERP details the prescribed response to violations of
SAWPA's Ordinance and Permits. The current ERP is included in Appendix 4-6.
4.9.1 ERP Implementation
SAWPA,Member Agencies,and Contract Agencies have identified roles and responsibilities for
the development and implementation of the ERP that are described in the 1991 MOU, MJPA,
SAWPA's Ordinance, and Member Agency/Contract Agency ordinances.
Implementation of the ERP is a critical component of the Pretreatment Program operation and
for compliance with 40 CFR 403 and other federal and state requirements.
OCSD's enforcement process as it relates to SAWPA's implementation of the ERP is described
in the 1991 MOU, Section 7 and includes the following:
• If SAWPA staff is unwilling or does not take appropriate enforcement action against a
discharger acceptable to OCSD, OCSD with notification to SAWPA may cause
enforcement actions.
• "Where a discharge to the OCSD sewerage system reasonably appears to present an
imminent danger to the public health, safety, or welfare, or presents or may present
interference with the operation of the OCSD sewerage system, OCSD may immediately
initiate steps to identify the source of the discharge, and to halt and prevent said
discharge"(except from 1991 MOU, Section 73).
Note that SAWPA's ERP describes the enforcement obligations, methods, and procedures to
enforce SAWPA's Ordinance and 1991 MOU. It does not prescribe or outline enforcement
options or requirements between OCSD and SAWPA. Those are outlined in the 1991 MOU.
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5.0 PROGRAM OPERATIONS AND COMMUNICATIONS
OVERVIEW
5.1 Program Operations and Management Structure
SAWPA is the lead and responsible party for Pretreatment Program management and operations.
It has entered into a MJPA to coordinate and implement the Pretreatment Program with its
Member Agencies and Contract Agencies. The principal roles and responsibilities of SAWPA,
the Member Agencies, and the Contract Agencies are described in the executed MJPA and in the
Procedures Guidance and any specific Standard Operating Procedures (SOPS)prepared by
SAWPA. The organizational chart for the Pretreatment Program is presented in Figure 1-1
above.
SAWPA may modify the means and methods as outlined in the Procedures Guidance of the
Pretreatment Program, and management and operations as needed to:
• Effectively implement the Pretreatment Program and comply with the 1991 MOU with
OCSD;
• Effectively manage resources, communications, data and information management,
record management, funding, and expenditures; and
• Resolve inconsistencies, change or implement new regulatory requirements.
SAWPA's SOPS shall be updated periodically or new SOPS developed and implemented in
response to the above listed factors, as needed and deemed appropriate.
5.2 SAWPA Roles and Responsibilities
SAWPA's roles and responsibilities are as defined in the 1991 MOU and the 1996 Agreement.
SAWPA is the Delegated Control Authority for the Pretreatment Program. SAWPA
responsibilities described in the 1991 MOU and 1996 Agreement include:
• Adopt an Ordinance containing similar provisions to OCSD's Ordinance setting the same
quality requirements in the SAWPA service area which are tributary to OCSD's
treatment and disposal facilities;
• Prepare Wastewater Discharge Permits(Permits)jointly with Member/Contract
Agencies; have dual signature permits for non-Agency dischargers;
• Prepare and issued Permits to Member/Contract Agencies for Agency-owned facilities
that are Dischargers to the Brine Line
• Enforce wastewater discharge policies and procedures relative to all Permit terns and
conditions;jointly with Member/Contract Agencies or individually enforce violations of
Permit requirements;
• Develop, implement and enforce an industrial pretreatment program and assume all
obligations in Title 40 CFR,Part 403 with each of its Member and Contract Agencies;
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• Enter into intedurisdictional4 agreements with Member Agencies and Other(Contract)
Agencies setting obligations to develop and implement a Pretreatment Program;
• Monitor wastewater flows and perform inspections;
• Prepare and submit appropriate Quarterly and Annual Reports to the EPA, Regional
Water Quality Control Board, and OCSD; and
• Obtain concurrence from OCSD on SAWPA and Agency drafted Permits and Permit Fact
Sheets.
5.2.1 Personnel
SAWPA shall provide staffing to manage,implement, and oversee the Pretreatment Program and
comply with the 1991 MOU, 1996 Agreement, SAWPA Policies Manual, Procedures Guidance,
ERP, SAWPA Ordinance, and the MJPA with Member and Contract Agencies. Member
Agencies and Contract Agencies shall provide staffing to implement the Pretreatment Program as
described in the MJPA, SAWPA's Policies Manual, Procedures Guidance, ERP, and SAWPA
and Member/Contract Agency Ordinances.
As noted in Section 6.D of the 1991 MOU, SAWPA must"adequately administer its
Pretreatment Program in conformance with the Federal Regulations(40 CFR 403)and all OCSD
requirements". SAWPA acknowledges that qualified and adequate personnel levels are an
essential component of the implementation and operation of the Pretreatment Program with its
Member and Contract Agencies.
SAWPA,Member Agencies, and Contract Agencies will evaluate,plan and secure qualified
personnel as specified in each Agencies' organizational chart and/or personnel plan(budget) and
per established job descriptions and personnel recruitment procedures to support the
implementation of the Pretreatment Program. Evaluation and review of personnel qualifications
is the responsibility of each individual Agency in accordance with their established personnel
procedures.
SAWPA may evaluate with each Member and Contract Agency changes in personnel and
minimum qualifications based on the existing or modified Pretreatment Program Policies,
Procedures Guidance,ERP,and SOPS. Revisions to Pretreatment Program staffing may result
from changes in Pretreatment Program means and methods of management and operation as
defined by SAWPA, Member Agencies, and Contract Agencies.
5.2.2 Communications
Effective communication between SAWPA and Member/Contract Agencies is managed through
a variety of methods to accomplish the Pretreatment Program's goals and comply with 40 CFR
403, the 1991 MOU, MJPA and other agreements and requirements. Similarly, effective
communication is important in the implementation of the 1991 MOU between SAWPA and
OCSD.
4 As noted earlier,now replaced with a MJPA.
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Communication between individuals conducting day-to-day operation, implementation and
management of the Pretreatment Program takes place via phone call, email, and other written
correspondence(e.g. technical memos). SAWPA and Member/Contract Agencies shall record
formal decisions and actions as described in the Pretreatment Program Procedures Guidance and
SOPS(as appropriate), including for example inspections, compliance actions, and enforcement.
SAWPA has established two formal working groups composed of staff from SAWPA and the
Member/Contract Agencies to facilitate communication,the exchange of information,to discuss
program issues, challenges, improvements and other actions, and make decisions to resolve or
correct action items. The Pretreatment Management Team is scheduled meet quarterly or more
frequently, if needed,to discuss management level items. Examples include policies, staffing,
budget, compliance, audits, etc.
The Pretreatment Program Working Group is scheduled to meet monthly or more often if needed
to facilitate coordination and communication including the identification of problem areas,action
items, identification of modifications to procedures or documents, annual reporting coordination,
the formation of task teams and other related activities, etc.
The Pretreatment Management Team and the Pretreatment Program Working Group may
identify the need for a task team to complete specific action items. Either group will select
members of the task team and define the task, schedule, and resources. Examples of task team
activities include development or revision of SOPS, forms, evaluating or developing training, etc.
SAWPA's Management Team will meet with OCSD representatives from the Source Control
Division on a quarterly basis, or more often if needed, to share information and define any areas
of concern for resolution.
Pretreatment Program data and information management will be managed and tracked primarily
through the data and information management system(see Section 5.2.3 below).
5.2.3 Data and Information Management
SAWPA is in the process of acquiring a web-based Pretreatment Program data and information
management system to facilitate the tracking, sharing, archiving and management of data,
communications, and information.
Details of the Pretreatment Program Data Management System will made available when
finalized. The details of the installation, management and operation of the Data Management
System including user SOPS will be part of the SAWPA's Procedures Guidance and/or SOPS.
5.2.4 Records Management
Records management is implemented by SAWPA in accordance with Resolution 2012-10 and
any future amendment or revisions. Similarly,Member Agency and Contract Agency records
related to the Pretreatment Program we managed according to each Agency's policies and
procedures.
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Records management will also in part be executed through SAWPA's Pretreatment Program
Data Management System. Records management may be further expanded and included in the
SAWPA Pretreatment Program Policies Document and SOPs, as needed.
5.2.5 Confidentiality
Information and data on a Permittee or proposed Permittee obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge permits,monitoring
programs, inspections, and sampling activities is routinely provided to SAWPA and the
Member/Contract Agencies. This information and data shall be available to the public without
restriction,unless the discharger specifically requests, and is able to demonstrate to the
satisfaction of SAWPA or the Member/Contract Agency or OCSD, that the release of such
information would divulge information,processes,or methods of production entitled to
protection as trade secrets under applicable Federal and State law. Any such request must be
asserted at the time of submission of the information or data and must be made in writing and
signed by a responsible company official. Each page with the confidential information must be
marked as such (whole reports are not typically confidential,only specific information). When
requested and demonstrated by the discharger furnishing a report that such information should be
held confidential, the portions of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall be made available immediately
upon request to governmental agencies (e.g., SAWPA, OCSD, EPA) for uses related to the
NPDES program or pretreatment program,and in enforcement proceedings involving the person
famishing the report. Wastewater constituents and characteristics and other effluent data, as
defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be
available to the public without restriction. Confidential information should be maintained
separate from the general Pretreatment Program information in either a locked cabinet or a
secure electronic location. It is good practice to annotate in the general Pretreatment Program
information that confidential information exists.
5.3 Program Operations Audits
SAWPA shall conduct Member Agency and Contract Agency Pretreatment Program audits to
evaluate and report the effectiveness of management and operations. Audits are intended to assist
SAWPA and Member/Contract Agencies with improvements, implementation of new
requirements or practices,and to demonstrate compliance with 40 CFR 403,the 1991 MOU,
1996 Agreement, and MJPA.
SAWPA Pretreatment Program audits are performed in accordance with the established Program
Audit System(see Section 5.3.1).
5.3.1 Program Audit System
SAWPA's Pretreatment Program audits we established in the same manner as EPA and/or state
audit systems for these types of environmental programs. SAWPA is committed to performing
full audits of all Member and Contract Agencies a minimum of once every two years, and more
often if required or established in audit findings(see Section 5.3.2). More frequent annual
targeted audits are conducted by SAWPA for specific Pretreatment Program elements to verify
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adherence to SAWPA Procedures or SOPS (e.g. sample preservation, inspection protocols). If
required,more frequent audits may be conducted by SAWPA if any deficiencies,new activities,
or requirements are implemented that need verification.
The Procedures Guidance describes the Program Audit System in detail, the method to document
the findings and resolution process.
5.3.2 Audit Findings Resolution
SAWPA sball document the audit findings,as noted in the Program Audit System SOP, and
provide the Member/Contract Agency with a report of the findings per the timeline in the SOP.
Member and Contract Agencies shall work in a collaborative and professional manner to resolve
and improve the Pretreatment Program based on the understanding of the audit findings and a
mutually agreed upon resolution. SAWPA will track any Pretreatment Program improvement
and action items for timely resolution. For any longer duration corrective action(over 90 days), a
Corrective Action Plan can be used to establish and track interim milestones to meet the overall
corrective action schedule.
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6.0 PRETREATMENT PROGRAM FINANCIAL RESOURCES
6.1 Financial Planning
SAWPA and each of the Member Agencies and Contract Agencies shall be responsible for
undertaking the financial planning required to support the activities that are part of their role and
responsibilities in the Pretreatment Program as outlined in this Policy Manual.
SAWPA and Member/Contract Agencies may collaborate and communicate to prepare and
implement adequate financial resources through joint financial planning efforts, as needed.
SAWPA utilizes a rate model to evaluate costs and revenue requirements over a multi-year
planning horizon. Costs include treatment and disposal,pipeline operation and maintenance,and
the pretreatment program. Other expenses include the Capital Improvement Program and debt
repayment. Revenues sufficient to pay costs and expenses are derived from rates consisting of
fixed and variable charges. Fixed charges are based on the ownership of pipeline and treatment
and disposal capacity;variable charges are based on the measured flow volume and weight of
BOD and TSS discharged. The rate model is periodically updated.
6.2 Budget Management
SAWPA and each of the Member Agencies and Contract Agencies shall be responsible for
preparing, approving and managing their individual Pretreatment Program budgets in accordance
with the SAWPA Policy Manual,Procedures Guidance, and ERP
6.2.1 Funding and Cost Recovery System
SAWPA and each of the Member and Contract Agencies shall be responsible for securing the
funds required to effectively implement the Pretreatment Program. Cost recovery systems and
methods may be unique or different for each of the Agencies and SAWPA.
SAWPA collects charges from SAWPA's Member Agencies per Resolution No. 2011-11 and
any future amendments. Resolution 2011-11 establishes the purchase price for treatment and
disposal rights to the Brine Line.
6.2.2 Expenditure Tracking, Control and Reporting
SAWPA's Pretreatment Program management and staff are responsible for tracking and
reporting, as needed,budget expenditures and controlling costs.
Member Agencies and Contract Agencies are responsible for managing and tracking their
corresponding budget expenditures, controlling costs, and reporting the budget and expenditures
to SAWPA, as needed.
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Appendix 3-1
Brine Line Service Area Map
SAWPA Pretreatment Program Policies
October 15,2013
Mojave Desert Inland Empire Brineline
Service Area
aka
San Gabnel Mountains snvefwood a�f..Laka ✓ �,•
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e Sin 9, Lke�
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SAWPA PRETREATMENT PROGRAM
Policies
Appendix 3-2
Collection Station Map
SAWPA Pretreatment Program Policies
October 15,2013
° Inland Empire Brine Line Collection Stations
z U
8T Aland i --Rancho Cucamonga—�Yj[r7 PLAN 1 ,„'
0 hi
Ede. FOOTHILL �P� Fontana jz
1 Off,' ARROW _N IALTO City Of San Bernardino
a naEReaL .F Municipal Water Department-
�Tl1 ¢ o Water Reclamation Plant
- < VALLEY V` SAN6ERN l 399 Chandler Place, San Bernardino, CA 92408 a q
OVER (Exit Orange Show Rd off 1-215 N) ,
Inland Empire Utilities Agency Y
16 000 EI Place Road, Chino, CA 91708 o T Contact:Andy Coady -- -
(Exit CA-83 Euclid off CA-71) CHERRY w 909-384-5383
i-. RIV, Contact: Craig Proctor M-p 7:00 AM to 4:00 PM
Phone:9OM31-1643(office)-631-3708
Diamond Bar 9 M F04:00 AM to 8901PM -1URDPN Miyso/v �Pf6`� - li ��COI �� -
j, do
LIMONITE LIMONTE rgrN-
BROOKS DE ITRUS Riverside
LOCUST
�00 G ARLINGTON D t
OP 5TH
y ' �F m ORENO VALLEY
Norco P _Moreno Valley Pe
x o
VORBA LINDA Yorba Linda
6TH N. o March AIR C�6y
o �, Corona
�PAC`"A EL soBRANTE
,OCWD Ds
or ,��m �1. o r:n oNA o
g m6E,/ Western Municipal Water District ,WMWD CAJALCO
o City of Corona EMWD
Wastewater Treatment Plant No.1 r- - RANGE i
2205 Railroad Street,Corona, CA 92880 Perris m w
rn -qr (Exit Auto Center Dr o6 CA-91 W) NUEVG
a P San Jacinto
3 s
A"'
i TustinI' ' Contact Greg Snyder(951)789-5131 a
�"r/1' WMWD 24-hour phone contact: (951)789-5109 EwS a
o
City of Corona 24-hour phone contact: (951)830-2396 F a
Daily, 24 hours per day
O
Menifee Valley Truck Waste Disposal Facility-
Eastern Municipal Water District
29541 Murders Road, Murata, CA92586
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SAVJ PA PRFTREATVENT PROGRANI
Policies
Appendix 4-1
1991 Memorandum of Understanding
SAWPA Pretreatment Program Policies
October 15,2013
/ I
MEMORANDUM OF UNDERSTANDING
BETWEEN
SANTA ANA WATERSHED PROJECT AUTHORITY
AND
COUNTY SANITATION DISTRICTS OF ORANGE COUNTY
GOVERNING
QUALITY CONTROL OF WASTEWATERS DISCHARGED TO THE
SANTA ANA REGIONAL INTERCEPTOR
----------------------------------------------------------------
THIS MEMORANDUM OF UNDERSTANDING is made and entered into, to be
effective the 1st day of April, 1991, by and between:
SANTA ANA WATERSHED PROJECT AUTHORITY,
hereinafter referred to as "SAWPA";
AND
COUNTY SANITATION DISTRICT NO. 1 OF ORANGE
COUNTY, CALIFORNIA, for itself and as agent
for COUNTY SANITATION DISTRICT NOS. 2, 3, 5,
6, 7, 11, 13 and 14 of Orange County,
California, hereinafter referred to as
"CSDOC".
RECITALS
WHEREAS, CHINO BASIN MUNICIPAL WATER DISTRICT and CSDOC entered
into an Agreement on 12th day of April, 1972, entitled "Waste Water
Treatment and Disposal Agreement", a copy of which is attached
hereto as Attachment No. 1 and incorporated herein by this
reference, whereby CHINO BASIN MUNICIPAL WATER DISTRICT, also
referred to as "Upper District", was granted the right by CSOOC to
purchase up to 30 million gallons per day of treatment and disposal
rights for purpose of ocean disposal of non-reclaimable wastewaters
in the Santa Ana River Watershed upstream from CSDOC service area,
hereinafter sometimes referred to as "Upper Basin"; and
WHEREAS, said Agreement between CHINO BASIN MUNICIPAL WATER
DISTRICT and CSDOC was subsequently assigned to SAWPA On November
13, 1974, which assignment included all rights, title, and interest
in and to said Agreement; and
WHEREAS, said Agreement does set forth certain quality criteria Of
the waste water discharged by Upper District and stipulated that
a quality monitoring program for said waste water from Upper
District, acceptable to all parties, shall be established and all
costs thereof shall be borne by Upper District; and
1
WHEREAS, subsequent to execution of the 1972 Agreement, CSDOC,
pursuant to applicable laws, regulations and permits, including
statues and regulations of the United States Environmental
Protection Agency [EPA] and the State Water Resources Control Board
[SWRCB] , is required to promulgate and enforce industrial source
controls through an approved pretreatment program; and
WHEREAS, CSDOC, the owner and operator of the wastewater treatment
system and the holder of the NPDES permit, did on September 8,
1989, adopt a revised regulation in the form of an Ordinance
entitled "Wastewater Discharge Regulations" which sets forth
certain quality requirements which must be met by all dischargers
of wastewater tributary to the treatment and disposal facilities
of CSDOC, including the wastewaters originating in the Upper Basin,
in order to protect the sewerage system, the marine environment,
to meet the Districts' NPDES permit requirements of EPA, Regional
Water Quality Control Board [RWQCB] and the SWRCB, and to comply
with all other applicable provisions of law; and
WHEREAS, SAWPA did on June 12, 1990, adopt Ordinance No. 1
(Revised) entitled "An Ordinance Regulating the Availability and
Use of the Santa Ana Regional Interceptor". This Ordinance No. 1
contains similar provisions as CSDOC's Ordinance setting forth the
same quality requirements which must be met by all dischargers of
wastewaters in the Upper Basin which are tributary to the treatment
and disposal facilities of CSDOC. SAWPA's Ordinance No. 1 has been
reviewed by CSDOC which has determined that it meets, when
implemented, administered and enforced, the intent of administering
the Quality Criteria provisions contained in Paragraph 5 of the
aforementioned Agreement between SAWPA and CSDOC.
NOW, THEREFORE, SAWPA and CSDOC, in consideration of the mutual
promises contained in this Memorandum of Understanding, do hereby
agree as follows:
GENERAL
Section 1: Retention of Powers.
A. CSDOC 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 CSDOC the authority to regulate
and/or prohibit, by the adoption of ordinances or
resolutions, and by issuance of discharge permits, the
discharge of any waste, directly or indirectly, to
CSDOC's sewerage facilities. Said authority includes the
right to establish limits, conditions, and prohibitions;
to establish flow rates or prohibit flown discharged to
2
i
CSDOC-s sewerage facilities; to require the development
of compliance schedules for the installation of equipment
systems and materials by all users; and to take all
actions necessary to enforce its authority, whether
within or outside CSDOC-s boundaries, including those
users that are tributary to CSDOC or within areas for
which CSDOC has contracted to provide sewerage services.
B. Neither SAWPA nor CSDOC, by entering into this Memorandum
of Understanding, relinquishes to the other, any of its
independent statutory or other powers and
responsibilities relative to the provisions of sewer
service; promulgation, administration and enforcement of
waste discharge requirements; or operation of its
publicly-owned sewer facilities, nor by entering into
this Memorandum of Understanding, does either party
recognize any changes or modifications in the
aforementioned "Waste Water Treatment and Disposal
Agreement." However, by entering into this Memorandum
of Understanding, the Parties do agree to the cooperative
implementation of required powers and responsibilities
for insuring the quality of wastewaters tributary from
the Upper Basin to the treatment and disposal facilities
of CSDOC.
C. CSDOC and SAWPA further acknowledge and agree that
changes in the laws and regulations to which CSDOC and
SAWPA are bound, which have occurred subsequent to the
Agreement, require changes in the continuing operational
aspects of wastewater collection, treatment and disposal,
most notably the implementation of a comprehensive
industrial wastewater pretreatment program.
D. Neither the 1972 Agreements nor this Memorandum of
Understanding contemplates nor shall it be authorization
for any discharge by any user, to the sewer system of
SAWPA or CSDOC, of any waste which is subject to
regulation or prohibition under the terms of the Resource
Conservation and Recovery Act; Comprehensive
Environmental Response, Compensation and Liability Act
of 1980; Toxic Substances Control Act; California
Hazardous Substances Act; or the California Hazardous
Waste Control Law.
The parties acknowledge the existence of a separate
agreement between them authorizing and regulating the
discharge of wastewaters to CSDOC facilities from the
Stringfellow Pretreatment Facility. Those discharges are
governed by that agreement and are not subject to this
agreement.
3
E. Except as hereinafter provided, SAWPA shall continue to
exercise jurisdiction and control, as outlined in the
aforementioned "Waste Water Treatment and Disposal
Agreement", over all discharges located within SAWPA's
territorial boundaries in the Upper Basin that are
tributary and discharge to CSDOC's facilities. In
addition, SAWPA shall have:
1] The responsibility to issue Wastewater Discharge
Permits ("Permits") and to enforce violations of
Permit requirements;
2] The responsibility to monitor wastewater flows and
perform inspections at SAWPA's expense;
3] The responsibility to collect any non-compliance
fines, fees, user charges, taxes, capital recovery
fees, and other lawful charges as levied by SAWPA.
4] The responsibility to prepare and submit appropriate
Quarterly and Annual Reports pertaining to the
administration of Ordinance No. 1 and this
Memorandum of Understanding to the Environmental
Protection Agency, the Regional Water Control Board,
and CSDOC.
PERMITTING PROCESS
Section 2: Permitting Procedures
A. All direct and indirect dischargers seeking Santa Ana
Regional Interceptor (SARI) service from SAWPA in the
Upper Basin shall file with SAWPA a permit application
as set forth in SAWPA Ordinance No. 1. After SAWPA has
determined that the application is complete, SAWPA shall
develop the permit requirements and forward the permit
information and the permit to CSDOC for its review. The
permit will not be issued to the proposed discharger by
SAWPA until after CSDOC has reviewed the permit
application, the proposed permit requirements, and given
written concurrence to SAWPA. Said concurrence shall be
delivered to SAWPA within ten (10) business days after
receipt of the application by CSDOC. Such concurrence
shall not be unreasonably withheld by CSDOC.
4
If additional data or information is required by CSDOC,
or should CSDOC take exceptions to any of the proposed
permit conditions, or wish to include any additional
limitations or provisions, SAWPA shall be notified within
said ten (10) day period. CSDOC will provide its
concurrence or refusal within five (5) business days
after receiving SAWPA's response to CSDOC's request.
Special meetings between SAWPA and CSDOC, or SAWPA, CSDOC
and the proposed discharger may be necessary during the
permit review process. Such meetings can be requested
by any party, but shall be arranged by SAWPA. Requests
for additional data and/or information by CSDOC shall be
made by SAWPA to the discharge applicant.
B. SAWPA shall notify all existing holders of permits issued
by SAWPA of the conditions of their Ordinance No. 1 and
this Memorandum of Understanding, that they will be
required to replace such existing permits with Permits
issued in accordance with the provisions and procedures
established in Ordinance No. 1 and this Memorandum of
Understanding.
C. Any dischargers that are discharging to the SARI system
without a valid permit issued by SAWPA shall be required
to obtain a Permit under SAWPA's Ordinance No. 1. The
same procedures for the issuance of these Permits shall
be as set forth above in Section 2A above. Within thirty
(30) days of the effective date of this Memorandum of
Understanding, SAWPA shall notify all such known
dischargers of this requirement and demand compliance
within thirty (30) days thereafter.
D. SAWPA's and CSDOC's Ordinances provide each agency with
the authority to modify and change Permit conditions and
terms during the life of the Permit. Where Permit terms
and conditions are proposed to be modified and/or
changed, the Party proposing the change shall promptly
notify the other Party. SAWPA may elect to impose
discharge requirements more stringent than those of
CSDOC.
E. The same procedure as set forth in Section 2A above,
shall apply to renewal, modification or changes in terms
or conditions of permits. Copies of all permits, renewed
permits and modified permits, signed by SAWPA, shall be
forwarded to CSDOC within fifteen (15) days of issuance.
5
MONITORING. INSPECTION AND REPORTING PROCESS
Section 3: Monitoring
A. SAWPA shall have the primary responsibility for scheduled
and unscheduled monitoring of all direct and indirect
dischargers tributary to the SARI system. The
responsibility of SAWPA maintaining an adequate
monitoring program does not preclude CSDOC from obtaining
data through their own monitoring efforts. Should CSDOC
require specific wastewater quality data, CSDOC shall
first request the information from SAWPA.
B. SAWPA may request a self-monitoring program by the
discharger. Any such self-monitoring program shall be
set forth in the Permit requirements as established by
SAWPA and approved by CSDOC. SAWPA shall provide CSDOC
with copies of such discharger 9a self-monitoring results.
C. Each party shall provide the other with copies of reports
for all monitoring, sampling or laboratory testing which
it performs on dischargers in the Upper Basin, and agrees
to exchange all information as obtained.
D. Except in an emergency, any monitoring efforts to be
performed by CSDOC on any discharger in the Upper Basin
shall only be performed upon notification, as soon as
possible, to SAWPA, but not less than twenty-four (24)
hours in advance, in order to afford SAWPA an opportunity
to have a representative present. Such notice may be
given by telephone, confirmed in writing or by electronic
telecommunication (FAX) .
Section 4: Inspection
A. Inspection of each discharger to the SARI system shall
be the responsibility of SAWPA. SAWPA shall maintain and
implement an inspection program and shall document the
inspections with a written report. The inspections shall
be in accordance with the ..State of California
Pretreatment Program Implementation Guidance" manual.
B. SAWPA shall immediately notify CSDOC of any discharge
which presents an imminent danger to the public health,
safety or welfare, or which threatens to interfere with
the operation of the CSDOC sewerage system. Similarly,
CSDOC shall immediately notify SAWPA of any discharge
entering the CSDOC sewerage system from SAWPA which is
determined to present an imminent danger to the public
6
1 �
health, safety or welfare, or to the local environment,
or which threatens to interfere with the operations of
the CSDOC sewerage system.
C. The number and timing of inspections will depend upon the
volume of the discharge, the nature of the discharge,
status of compliance, etc. CSDOC will, at its option,
participate, with SAWPA, in any inspection. Such joint
routine inspections should be done on a-frequency to be
determined by SAWPA depending on the necessity of the
inspection to insure the quality of the discharge, but
in no event shall the inspections of each discharger be
done less than twice annually or less than the minimum
number required by Federal regulation.
D. Should CSDOC wish to initiate an inspection of any
discharger in the Upper Basin, it may do so as CSDOC may
deem necessary. Except in an emergency, CSDOC shall
notify SAWPA of its intent, as soon as possible, but not
less than twenty-four (24) hours in advance in order to
afford SAWPA an opportunity to have a representative
present during the inspection. Such notice may be given
by telephone, confirmed in writing or by electronic
telecommunication (FAX) .
Section 5: Reoortinc
A good communication and information exchange between SAWPA
and CSDOC is essential to promote and sustain a successful,
effective and efficient working relationship. It shall be the
practice that all data on all point sources relating to
discharge, quality, and other information produced as a result
of monitoring, inspection and enforcement conducted or
received by SAWPA on the Upper Basin dischargers shall be
communicated to CSDOC. Specifically, SAWPA will make
available to CSDOC the following reports:
A] Monthly activity report detailing the number and
identification of new and existing permittees,
inspections, enforcement actions, and monitoring
data,
B) Copies of Enforcement Correspondence,
C] Monthly flow and quality data for the discharge to
the CSDOC system at the monitoring station located
near the Orange County boundary line.
D] Quarterly Report and Annual Report of summary of
items (A) ,_ (B) , and (C) , above.
1 I
CSDOC shall advise SAWPA of any changes in the CSDOC
pretreatment requirements which will affect SAWPA.
ENFORCEMENT
Section 6: Primary Responsibility
A. SAWPA through its Ordinance No. 1 shall have the primary
responsibility for enforcing all SAWPA's waste discharge
policies and procedures relative to all Permit terms and
conditions.
B. SAWPA shall inform CSDOC of all dischargers who are in
non-compliance with any of the provisions of their
discharge permit or the SAWPA Ordinance No. 1 and what
action is to be taken by SAWPA to enforce the provisions
of SAWPA's Ordinance No. 1.
C. SAWPA acknowledges that it and each of its member
agencies has the responsibility to develop, implement
and enforce an industrial pretreatment program and assume
all obligations set forth in Title 40, Code of Federal
Regulations, Part 403 which includes notification to all
affected industrial users of pertinent categorical
standards and monitoring and reporting requirements
contained in 40 CFR 403.12 or included as part of the
categorical standard. SAWPA shall require all of its
member agencies and all other agencies who discharge to
the SARI system to enter into an interjurisdictional
agreement with SAWPA, setting forth the respective
obligations to develop and implement a pretreatment
program. SAWPA agrees that in the event of amendment(s)
to applicable Federal statutes or regulations, it will
amend its Ordinance to comply with the new Federal
requirements. CSDOC shall advise SAWPA of any changes
in the CSDOC pretreatment requirements which will affect
SAWPA.
D. CSDOC shall review SAWPA's Ordinance and amendments
thereto, and any interjurisdictional agreements
concerning discharge of waste to SARI for conformance
with 40 CFR Part 403. To ensure inclusion of all other
legal provisions mandated by law and this Agreement,
CSDOC shall periodically review the enforcement efforts
- of SAWPA, any member agency thereof, and any other agency
having discharge rights to the SARI system pursuant to
contract. with SAWPA to ascertain whether pretreatment
requirements are being diligently enforced.
8
To the extent SAWPA chooses to administer its own
pretreatment program, CSDOC may periodically review
SAWPA's pretreatment program activities to ensure that
SAWPA, any member agency thereof, and any other agency
having discharge rights to the SARI system pursuant to
contract with SAWPA is adequately administering its
pretreatment program in conformance with the Federal
Pretreatment Regulations (40 CFR 403) and all CSDOC
requirements.
If CSDOC determines that SAWPA, any of its member
agencies, or any of its contract agencies has failed or
has refused to fulfill any pretreatment requirements,
CSDOC may develop and issue a remedial plan containing
a description of the nature of the pretreatment
deficiencies, an enumeration of steps to be taken by
SAWPA, and a time schedule for attaining compliance with
all pretreatment requirements. Where SAWPA fails to
satisfy the terms of the remedial plan, CSDOC may, upon
thirty (30) days written notice, suspend all or part of
SAWPA's use of CSDOC facilities until such time as SAWPA
satisfies the terms of the remedial plan. In addition
to the actions above, CSDOC may seek injunctive relief
against SAWPA, any member agency thereof, any agency
having discharge rights to the SARI system pursuant to
contract with SAWPA and/or any user contributing to the
failure to comply with the remedial plan, and/or may
pursue other self-help remedies.
section 7: Enforcement Process by CSDOC
A. If SAWPA staff is unwilling or does not take appropriate
enforcement action against a discharger acceptable to
CSDOC, CSDOC with notification to SAWPA may cause
enforcement actions as follows:
1] CSDOC shall send Written notice to SAWPA, signed by
its General Manager or his designee, specifying that
a violation has or is occurring with respect to a
particular discharger in the Upper Basin. The
notice shall contain sufficient information to
substantiate the contention of CSDOC as to the
nature of the violation and to the inappropriate
enforcement action taken by SAWPA.
2] If the General Manager of SAWPA agrees with CSDOC,
then he shall forthwith undertake proceedings under
Article 6 of SAWPA's Ordinance Ro. 1.
9
I
3] If the General Manager of SAWPA disagrees with
CSDOC, he shall forthwith cause a hearing to be held
not more than 10 days after notice is received from
CSDOC. Said hearing shall be conducted by the SAWPA
Commission to determine whether a violation has or
is occurring and shall make findings and direct such
remedial action as it deems appropriate.
41 If CSDOC disagrees with the findings or the
enforcement/remedial action of SAWPA's Commission,
CSDOC may pursue such remedies as provided by law
or regulations.
51 Joint enforcement action against any discharger
violating its permit conditions may be taken when
agreed to by SAWPA and CSDOC.
B. Where a discharge to the CSDOC sewerage system reasonably
appears to present an imminent danger to the public
health, safety, or welfare, or presents or may present
an imminent danger to the environment, or threatens to
interfere with the operation of the CSDOC sewerage
System, CSDOC may immediately initiate steps to identify
the source of the discharge, and to halt and prevent said
discharge. In the event this is unable to be effected
successfully, CSDOC may suspend all or part of 'SAWPA's
use of CSDOC facilities as provided in paragraph 6 of
said "Waste Water Treatment and Disposal Agreement" until
such time as the danger has been abated. In addition to
the actions above, CSDOC may seek injunctive relief
against SAWPA, any member agency thereof, any agency
having discharge rights to the SARI system pursuant to
contract with SAWPA and/or any user .contributing to the
emergency condition, and/or may pursue other self-help
remedies.
Section 8: Indemnity
SAWPA shall indemnify CSDOC for all damages, fines, and costs
incurred by CSDOC imposed by a regulatory agency or a court
of competent jurisdiction as a result of waste discharge from
SAWPA, its member agencies or contract agencies. Said amounts
for indemnification shall include, but not be limited to
fines, fees, penalties, charges, or costs resulting from
injury to CSDOC personnel, damages to CSDOC facilities,
disruption of treatment processes or operations, degradation
of sludge quality, NPDES permit violations, and other air,
water, and sludge quality violations.
10
CSDOC shall indemnify SAWPA for all damages, fines, and
costs incurred by SAWPA imposed by a regulatory agency
or a court of competent jurisdiction as a result of waste
discharge from CSDOC, its member agencies or contract
agencies. Said amounts for indemnification shall
include, but not be limited to fines, fees, penalties,
charges, or costs resulting from injury to SAWPA
personnel, damages to SAWPA facilities, disruption of
treatment processes or operations, degradation of sludge
quality, NPDES permit violations, and other air, water,
and sludge quality violations.
AMENDMENTS AND MODIFICATIONS
Section 9: Amendments and Modifications
The terms of this Memorandum of Understanding may be amended
only by written agreement by both parties. This Memorandum
of Understanding shall be reviewed, and revised, if necessary,
at least every three years from the effective date.
This Memorandum of Understanding along with SAWPA-s Ordinance
No. 1 establishes procedures for the quality mohitoring
program as set forth in paragraph 5, "Quality Criteria" of
the aforementioned April, 1972 Agreement.
NOTICE
Section 10• Notice
Except as otherwise provided herein, all notices and other
communications required or permitted hereunder shall be in
Writing, shall be delivered in person, by electronic
telecommunication or sent by registered mail or certified
mail, return receipt requested, and shall be deemed received
upon personal delivery or seventy-two (72) hours after deposit
in the mail of the United States Postal Service in Orange or
Riverside Counties, which ever is appropriate, postage prepaid
and addressed as follows:
TO SAWPA: SANTA ANA WATERSHED PROJECT AUTHORITY
ATTENTION: GENERAL MANAGER
3600 TYLER STREET - SUITE 207
RIVERSIDE, CALIFORNIA 92503
11
TO CSDOC: COUNTY SANITATION DISTRICTS OF ORANGE COUNTY
ATTENTION: GENERAL MANAGER
P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
IN WITNESS WHEREOF, SAWPA and CSDOC have executed this Memorandum
of Understanding as of the day and year first above Written. ,
SANTA(—JANA WATEyR[SHEDD PROJECT AUTHORITY
By
Cha rma SAWPA opnission
COUNTY SANITATION DISTRICT NO. 1 OF ORANGE
COUNTY, CALIFORNIA, for itself and on behalf
of County Sanitation District Nos. 2, 3, 5, 61
7, 11/,, 13 a p 1/64 .0f Orange/ untyy, California
By
Chalrman, card of Directors
E
pro m
BySecrerd of Directors
APPROVED AS TO FORM:
THOMAS L. WOODRUFF,
DISTRI S COUNSEL .
By v
TFN:tw:R:3/7/91(1801N.SM)
12
SAVJ PA PRFTREATMEKT PROGRAM
Policies
Appendix 4-2
1996 Wastewater Treatment and
Disposal Agreement
SAWPA Pretreatment Program Policies
October 15,2013
WASTEWATER TREATMENT AND DISPOSAL AGREEMENT
THIS AGREEMENT is made and entered into, to be effective the 24th day of
July 1996, by and between COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5,
6, 7, 11, 13 and 14 OF ORANGE COUNTY, CALIFORNIA (collectively "Districts"), each
of which is a county sanitation district organized and existing pursuant to California Health &
Safety Code section 4700 et seq., and the SANTA ANA WATERSHED PROJECT
AUTHORITY ("SAWPA"), a joint powers agency organized and existing pursuant to California
Government Code section 6500 et seq.
A. DEFINITIONS
As used in this Agreement, the following terms shall have the meanings herein set forth:
(1) "Adjusted Capital Facilities Connection Charge" ("Adjusted CFCC"):
Shall mean District No. 2's charge for connection of a dwelling unit to District's sewerage
system, less the component amount in this charge for construction and rehabilitation of District's
collection facilities. Currently, the Capital Facilities Connection Charge is $2,350.00 and the
Adjusted Capital Facilities Connection Charge is $1,690.00.
(2) "Biochemical Oxygen Demand" ("BOD"): The measure of biodegradable
organic material in Wastewater as represented by the quantity of oxygen utilized over a period
of five days at 20 degrees centigrade and as determined by testing methods approved by the
United States Environmental Protection Agency ("EPA"), as set forth in 40 CFR Part 136, or
subsequent amendments thereto.
(3) "Chino Basin Municipal Water District" ("CBMWD"): CBMWD is a
municipal water district organized and existing pursuant to California Water Code section 71000
et seq.
(4) "Class I User": Any user who discharges Wastewater that:
(a) Is subject to Federal Categorical Pretreatment Standards;
(b) averages 25,000 gallons per day or more of regulated process
Wastewater;
(c) is determined by the Districts' General Manager to have a
reasonable potential for adversely affecting the Districts' operations
or for violating any pretreatment standard, local limit, or discharge
requirement; or
(d) may cause, as determined by the Districts' General Manager, pass
through or interference with the Districts' sewerage facilities.
WOODRUFF,SPRADLW&SMARn'
323191 I July 11, 1998
(5) "Disposal Costs": An amount which includes all costs incurred, directly
or indirectly, for treatment and disposal of Wastewater discharged from SAWPA's SARI Service
Area to Districts' facilities. These costs shall be calculated in the same manner as Districts'
charges for use for Class I Users less District No. 2's (1) operations and maintenance charge
for flow; and (2) debt service for flow, BOD and Suspended Solids. The parties acknowledge
that (1) the remaining BOD component of the Disposal Costs may ultimately be changed to a
Chemical Oxygen Demand component; and (2) the Disposal Costs may be adjusted annually by
the District No. 2 Board of Directors to reflect increases or decreases in the costs incurred by
District No. 2.
(6) "Districts"; Collectively, County Sanitation Districts Nos. 1, 2, 3, 5, 6,
7, 11, 13 and 14 of Orange County, California, which are parties to this Agreement and to the
Joint Ownership Operation and Construction Agreement dated March 10, 1971, superseded by
a revised Joint Agreement effective July 1, 1985 ("Joint Agreement"), and/or any amendments
or supplements thereto, and any Sanitation Districts that are formed after the effective date of
this Agreement and which become a party to the Joint Agreement, or if an agency reorganization
should occur, the successor agency/agencies to these County Sanitation Districts. Any act,
decision or forbearance by Districts shall be evidenced by action of a majority of the nine
Sanitation Districts. The term includes plural and/or possessive where appropriate.
(7) "District No. 2": County Sanitation District No. 2 of Orange County,
California, or if an agency reorganization should occur, the successor agency to District No. 2.
(8) "Districts' Ordinance": The Districts' ordinance entitled "Wastewater
Discharge Regulations", effective February 7, 1992, including any subsequent amendments
thereof or successor ordinances thereto.
(9) "Reclaimable Wastewater": Shall mean the liquid and solid waterbome
wastes of such character as to permit satisfactory disposal, within the Santa Ana River
Watershed.
(10) "MGD": Shall mean million gallons per 24 hour day.
(11) "Monthly Average Flow": The average rate of Wastewater flow which
passes through a flow meter during any calendar month, expressed in MGD.
(12) "Person": Shall mean any individual, partnership, firm, association,
corporation or public agency, including the State of California and the United States of America.
(13) "Santa Ana River Interceptor" ("SARI"): The interceptor sewer of District
No. 2, as shown on Exhibit "B" attached to the Waste Water Interceptor Capacity Agreement.
(14) "Santa Ana Watershed Project Authority (SAWPA)": The agency which
is responsible for developing and implementing long-range plans and projects for managing,
preserving, and protecting the quality of water supplies in the Santa Ana River Watershed. The
MODMFF,SP6ADLIN&SMART
323191 2 July 11, 1996
member agencies of SAWPA are presently CBMWD, Eastern Municipal Water District, Orange
County Water District, San Bernardino Valley Municipal Water District, and Western Municipal
Water District.
(15) "SAWPA's SARI Service Area": The total area within the jurisdictional
boundaries of SAWPA's member agencies, excluding any area within the County of Orange.
(16) "Suspended Solids": Any insoluble material contained as a component of
Wastewater and capable of separation from the liquid portion of the waste by filtration as
determined by EPA approved testing methods. Suspended solids are sometimes denoted herein
by "SS".
(17) "Treatment and Disposal Right": A right of SAWPA to deliver (through
the SARI to Districts' facilities) and an obligation of Districts to receive, treat and dispose of
a stated flow of Wastewater, expressed in terms of Monthly Average Flow.
(18) "Treatment and Disposal Right Charge" (hereinafter "Treatment Right
Charge"): Shall mean the charge applicable to the purchase of a 1 MGD increment of the
Treatment and Disposal Right. The Treatment Right Charge applicable upon execution of this
Agreement shall be as follows:
(Flow, gpol)/399 gpd x Adjusted CFCC x 42% +
(BOD, lbs/day)/0.83 Ibs/day x Adjusted CFCC x 26% +
(SS, lbs/day)/0.83 ibs/day x Adjusted CFCC x 32%
Current application of the Treatment Right Charge provides the following acquisition charge for
1 MGD increment of the Treatment and Disposal Right:
Flow (1 mgd) _ $1,778,947.00
BOD (320 mg/L = 2,669 lbs/day) _ $1,412,961.00
SS (270 mg/L = 2,253 lbs/day) _ $1,467299.00
TOTAL: $4,659,207.00
The Treatment Right Charge formula may be periodically adjusted by District No. 2 to reflect
(1) changes in the District No.2 Capital Facilities Connection Charge; (2) adjustments in the
allocations for District No. 2 costs for collection facilities; and (3) adjustments in the treatment
cost allocations for Flow, BOD and Suspended Solids discharged from SAWPA's SARI Service
Area to Districts' facilities; and (4) the actual BOD and Suspended Solids concentrations
discharged from SAWPA's SARI Service Area to Districts' facilities, to appropriately reflect
the Districts' treatment costs for these discharges.
'gpd - gallons per day
WOODRUFF.SPRAOLIN d SMAW
32318 1 3 Ju1V 11. 1986
(19) "Wastewater": Shall mean all liquid-carried wastes and wastewater of the
community, and shall include all wastewater from any producing, manufacturing, processing,
agricultural, or other similar operations.
(20) "Waste Water Interceptor Capacity Agreement": An agreement between
CBMWD and District No. 2, effective on April 12, 1972, and providing for the acquisition by
CBMWD of a 30 MGD interceptor capacity right in the existing and expanded interceptor
facilities of District No. 2.
B. RECITALS
1. Districts are authorized by statute to contract with any district or governmental
agency for the handling, treatment and/or disposal of Wastewater originating within or without
their boundaries, if, in the judgment of the Districts' Boards of Directors, it is for the best
interest of Districts to do so.
2. SAWPA is authorized by law to acquire, construct and operate facilities for the
collection, treatment and disposal of sewage and Wastewater, and is authorized to join with one
or more public agencies, private corporations, or other persons for the purpose of carrying out
any of its powers.
3. On April 12, 1972, Districts and CBMWD entered into the Waste Water
Treatment and Disposal Agreement ("1972 Agreement") through which CBMWD acquired the
right to acquire an ultimate Treatment and Disposal Right for 30 MGD of Wastewater flow to
Districts' facilities.
4. On November 13, 1974, CBMWD assigned and transferred to SAWPA all of
CBMWD's right, title and interest in the 1972 Agreement. To date, SAWPA has acquired a
Treatment and Disposal Right of S MGD.
5. The parties acknowledge that this Agreement provides a right to have Wastewater
flows, identified herein, treated and disposed of at Districts' facilities. As set forth in the
definition of "Treatment and Disposal Right', the parties contemplate that delivery of
Wastewater to Districts' treatment and disposal facilities will occur through the SARI. This
Agreement does not, however, provide SAWPA with any capacity rights for discharge of
Wastewater through the SARI. Except as set forth in Section 27 herein, capacity rights in the
SARI are governed solely by the Waste Water Interceptor Capacity Agreement.
6. SAWPA, including the Orange County Water District, and Districts are concerned
with the continuing development of a regional water quahty management program for SAWPA's
SARI Service Area, consistent with Federal and State.policies. The operation of the SARI for
the disposal of Wastewater is a significant component of this program.
WOODRUFF,9RRADLIN&SMART
32319 1 4 hh/11, 1898
7. The parties acknowledge that the discharge of Reclaimable Wastewater to the
SARI has occurred over time. It is the intent of the parties hereto that SAWPA will, in good
faith, make all reasonable efforts to minimize Reclaimable Wastewater discharges to the SARI.
8. It is in the best interests of Districts and SAWPA to enter into an agreement
whereby Wastewater originating in SAWPA's SARI Service Area upstream from Districts may
be disposed of through existing and expanded facilities of Districts,
C. COVENANTS
IN CONSIDERATION of the premises and of the covenants, rights and obligations
herein, the parties hereto covenant and agree as follows:
1. Treatment and Disposal Right,
(a) Grant of Right. Districts hereby grant and convey to SAWPA a Treatment
and Disposal Right, as hereinafter provided, effective at the times provided in subparagraphs (c)
and (d) hereof.
(b) Nature of Treatment and Disposal Right The right of SAWPA to deliver
Wastewater under the Treatment and Disposal Right shall not be deemed a right to use any
particular existing or expanded facility of Districts. Districts shall have sole discretion, as
between Districts and SAWPA, with regard to the manner of treatment and disposal of such
Wastewater,
(c) Quantity of Treatment and Dis=sal Right. An ultimate Treatment and
Disposal Right of 30 MGD Monthly Average Flow may be acquired by SAWPA in increments
as herein specified. It is acknowledged that SAWPA has previously acquired a Treatment and
Disposal Right of 8 MGD Monthly Average Flow. Concurrently with the execution of this
Agreement, SAWPA shall pay Districts, at the current Treatment Right Charge rate, for the
acquisition of an additional Treatment and Disposal Right of 1 MGD. Upon payment of these
funds to Districts, SAWPA shall have a total Treatment and Disposal Right of 9 MGD.
(1) The Districts' acknowledge that their connection charges are
presently the subject of an internal review which may lead to an adjustment of these connection
charges. If an adjustment of Districts' connection charges occurs which would have resulted in
a reduced charge for the initial Treatment and Disposal Right to be acquired by SAWPA
pursuant to Section 1(c), the Districts shall credit SAWPA for the difference in the actual and
reduced charge and shall apply the difference against the then-current obligations of SAWPA to
Districts under this Agreement.
(d) Effective Date and Term of Right. The effective date of the acquisition
of the subsequent increment(s)of the Treatment and Disposal Right acquired herein by SAWPA
shall he upon final payment of the sum herein specified therefor. The Treatment and Disposal
Right, including the existing right and any increased increment thereof, shall continue in effect
WOOOMFF.9Pa xw&}IY RT
323191 5 JUIV 11, 1996
until April 12, 2046. The Parties acknowledge that it is possible that, within the term of this
Agreement, consolidation or other fundamental changes may occur in the structural organization
of Districts and/or SAWPA. It is the intent of the Parties that the rigbts and obligations of this
contract will be binding on such changed organizations. It is contemplated that, at the end of the
term of this Agreement, on April 12,2046, SAWPA will, based upon the Districts' then current
governance structure, join the Districts as a co-equal participant in the Districts' Joint Ownership
Operation and Construction Agreement or any agreement which shall supersede or replace it.
Negotiations to this end shall be undertaken in good faith during the 45th year (2041) of this
Agreement. In consideration of the capital costs paid by SAWPA, there shall be no additional<—
_— initial capital cost to SAWPA for such joinder. In the event the Parties are not able to negotiate
appropriate joinder of SAWPA with the Districts on or before the end of the term of this
Agreement and SAWPA's perpetual right is not otherwise confirmed by contract extension, for
reasons other than the decision of SAWPA to abandon such right, the Districts shall repay to
SAWPA an amount equal to the then current value of SAWPA's owned Treatment and Disposal
Right in Districts' treatment and disposal system as defined by the formula in Definition (18)
"Treatment Right Charge" at page 3 of this Agreement.
2. CaRi:W Payments In order to grant SAWPA a Treatment and Disposal Right,
Districts have invested capital in treatment and ocean disposal facilities. In lieu of malting its
own capital investment in these physical facilities, SAWPA shall make the following payments
for the Treatment and Disposal Right:
(a) Q2asily Increments. Additional Treatment and Disposal Rights may be
acquired in increments of 1 MGD Monthly Average Flow. The purchase price therefor shall be
payable as follows:
(1) For Each 1 MGD Monthly Awe Flow Increment, SAWPA shall
pay a sum equal to Districts' then existing Treatment Right Charge for each 1 MGD Monthly
Average Flow increment of the Treatment and Disposal Right. SAWPA shall acquire additional
increments of the Treatment and Disposal Right as follows:
(A) Whenever SAWPA's Monthly Average Flow discharged to
Districts' facilities exceeds SAWPA's then existing Treatment and Disposal Right, SAWPA shall
acquire sufficient additional increments of the Treatment and Disposal Right so that SAWPA's
total Treatment and Disposal Right exceeds that Monthly Average Flow. (For example,
assuming SAWPA's existing Treatment and Disposal Right is 8 MGD and the Monthly Average
Flow from March 1 through March 31 is 10.001 MGD, SAWPA shall acquire three additional
1 MGD increments of the Treatment and Disposal Right).
(2) SAWPA may elect to pay for an additional increment(s) of the
Treatment and Disposal Right over a 10 year period. If SAWPA so elects, the payments shall
be made in 10 equal annual installments, which installments shall include a fixed rate of interest
at the rate for ten-year United States Treasury Bills plus 1%. This fixed rate of interest shall
be determined by reference to the interest rate established at the auction of ten-year United States
Treasury Bills occurring most recently before SAWPA's exceedence of its Monthly Average
WOODRUFF.SPAR UN 6.SMAW 6
323191
July 1I, 1896
Flow, The first installment shall be paid within 45 days of the date of Districts' invoice to
SAWPA. Each of the nine subsequent annual installments shall be paid no later than 45 days
following the anniversary date of the exceedence.
(A) If SAWPA elects to proceed by installment acquisition,
Districts shall recalculate the payment amount due for each annual installment using the average
BOD and Suspended Solids loadings for the one year period immediately preceding the date each
installment payment is due. The interest rate on each installment shall remain at the rate
originally fixed pursuant to Section 2(a)(2). No credit shall be provided to SAWPA on an
installment acquisition for any adjustment of Districts' connection charges except as specified
in Section I(c)(1).
(B) Upon SAWPA's written notice received by Districts at least
IS days in advance of the anniversary date of the initial exceedence, SAWPA may discontinue
the acquisition of the increment(s) of the Treatment and Disposal Right as of that anniversary
date. An acquisition may not be discontinued at any time other than on an anniversary date.
Upon discontinuance in accordance with this Section, SAWPA shall have no further obligation
to pay Districts for additional installments for the affected increment(s) of the Treatment and
Disposal Right and no further right to discharge in accordance therewith.
(C) If, following discontinuance of the acquisition of an
increment(s)of the Treatment and Disposal Right, SAWPA acquires an additional increment(s)
of the Treatment and Disposal Right pursuant to Sections 2(a)(1) or 2(a)(2), SAWPA shall
receive a credit toward the acquisition cost of the additional increment(s). The credit shall be
equal to 75% of the amount, excluding interest,previously paid by SAWPA pursuant to Section
2(a)(2) toward the earlier acquisition of the discontinued increment(s) of the Treatment and
Disposal Right. If the subsequent acquisition is an installment acquisition made pursuant to
Section 2(a)(2), the credit shall be applied to the first installment(s) to be paid by SAWPA for
the subsequent acquisition. The cost of the subsequent acquisition shall be at the Treatment
Right Charge rate applicable at the time of the initial payment for the subsequent acquisition,
plus interest as set forth in Section 2(a)(2).
(3) Districts shall provide to SAWPA an invoice stating the amount
due from SAWPA for the required capacity increment(s) and for any other amounts due pursuant
to this Agreement. Failure to provide a timely invoice does not negate SAWPA's obligation to
pay any amounts owed to the Districts.
3. Emerged Discharge, Notwithstanding the provisions of Section 2(a)(1)(A), if
due to an operational emergency SAWPA seeks to discharge in excess of its then-existing
Treatment and Disposal Right, SAWPA may do so for a period not to exceed ninety (90) days,
without incurring the obligation to acquire an additional increment(s) of the Treatment and
Disposal Right, provided that SAWPA fully complies with the provisions of this Section and all
other provisions of this Agreement.
WOODRUFF,SPRADLM&SM
32319 1 7 July 11, 1996
(a) Prior to or by the next business day following the commencement of the
emergency discharge, SAWPA shall provide written notice to Districts identifying the (1) nature
of the emergency requiring the excess discharge; (2) the anticipated duration of excess discharge;
and (3) the name of the SAWPA employee whom the Districts may contact for further
information.
(b) The Districts may impose on SAWPA such conditions on the excess
discharge as reasonably appropriate to protect the Districts' collection and treatment facilities.
(c) In addition to the payment of Disposal Costs for the entire daily flow,
SAWPA shall pay a surcharge on the flow exceeding SAWPA's then-existing Treatment and
Disposal Right. The surcharge shall be calculated applying the same rate which the Districts
are then applying to Districts' Class I Users for capacity purchases.
(d) If, upon expiration of the ninety (90) day period, SAWPA's Monthly
Average FIow continues to exceed SAWPA's then-existing Treatment and Disposal Right,
SAWPA shall immediately acquire additional increments of the Treatment and Disposal Right
sufficient to exceed SAWPA's Monthly Average Flow.
(e) As used in this Section 3, 'operational emergency" shall mean an
equipment breakdown or other malfunction which necessitates SAWPA's discharge in excess of
its then-existing Treatment and Disposal Right.
4. Payment of Disposal Costs. SAWPA shall pay Disposal Costs quarterly for the
measured and sampled flow of Wastewater discharged from SAWPA's SARI Service Area to
Districts' facilities. For purposes of such payment, the Districts will determine quarterly an
estimate of projected Wastewater discharges to.Districts in the succeeding calendar quarter, and
shall invoice the Disposal Costs accordingly. Annual adjustments, based an actual flow, BOD
and Suspended Solids shall be made by appropriate payment or refund after the close of each
of Districts' fiscal years. Disposal Costs shall be calculated at the same rate for all Treatment
and Disposal Rights, regardless of the acquisition date.
5. Quality Criteria. The quality of Wastewater discharged from SAWPA's SARI
Service Area into the Districts' facilities shall comply with all prohibitions and limits on
discharges and all other requirements set forth in the Districts' Ordinance, and any amendments
thereof or successor ordinances thereto. Except as hereinafter set forth in this Section 5(a),
compliance by SAWPA with all discharge limits contained in Districts' Ordinance shall be
measured at the Green River Metering Station near the point of connection between SAWPA and
Districts' facilities. Nothing herein shall alter the requirement that all users who discharge,
directly or indirectly, to the SARI shall comply with all discharge limits at their original point
of discharge to the sewerage system or that SAWPA, to ensure such compliance, is obligated
to act in accordance with the 1991 Memorandum of Understanding between Districts and
SAWPA, and any amendments thereof or successor Memorandum of Understanding thereto.
WOODMFF.S DLN &SMART
32319 1 $ My 11, 1995
(a) The Parties hereto acknowledge that the Districts are not presently
requiring SAWPA to meet any discharge limits measured in pounds per day, including but not
limited to the BOD discharge limit which is set forth in Districts' Ordinance. Districts reserve
the right to impose reasonable discharge limits measured in pounds per day on SAWPA,
measured at the location(s) acceptable to both Parries.
(b) SAWPA shall, upon Districts' request, furnish and periodically update a
list of all persons discharging Wastewater into SAWPA's system, together with a statement of
the approximate volume and quality of such discharges. It is not intended that this Agreement
will furnish SAWPA a competitive advantage in the location of industrial plants within
SAWPA's SARI Service Area or at a location tributary to the SARI. Accordingly, SAWPA shall
not without prior written consent of Districts, make capacity in its system available to any
person who was declined Wastewater service from Districts by reason of that person's inability
to meet the Districts' Ordinance requirements, prohibitions or discharge limits.
(c) A quality monitoring program for Wastewater discharged from SAWPA's
SARI Service Area to Districts, which program is acceptable to all parties shall be established
and maintained and all costs thereof shall be borne by SAWPA.
(d) Should the EPA, California Environmental Protection Agency, Regional
Water Quality Control Board or any other regulatory agency with authority over Districts
lawfully direct that the Districts further regulate SAWPA's discharge and/or activities, SAWPA
shall comply with such additional discharge limits and/or directives.
(e) SAWPA shall not discharge or allow the discharge of any sludge to the
SARI.
(f) The Districts may authorize the discharge to the SARI of certain side
stream flows from water treatment facilities located in SAWPA's SARI Service Area. No
discharge of side stream flows shall commence unless SAWPA has first obtained written
authorization, which shall not be unreasonably withheld, from Districts for the discharge, which
authorization may contain conditions and requirements acceptable to both Parties.
6. Quality Violations. SAWPA shall comply with all requirements, prohibitions and
discharge limits set forth in Districts' Ordinance. In the event the Wastewater delivered by
SAWPA into the Districts' facilities fails to comply with the requirements, prohibitions or
discharge limits of Districts' Ordinance, Districts reserve the right, upon twenty-four (24)
hours' notice, to suspend all or part of SAWPA's use of the Districts' facilities and to suspend
the exercise by SAWPA of all or part of its Treatment and Disposal Right until such time as
the Wastewater complies with Districts' Ordinance.
WOODRUFF,SPRAOLIN&SMART
32319 1 9 July 11, 1996
(a) In the event that SAWPA fails to comply with any requirements set forth.
in Districts' Ordinance, including but not limited to all discharge prohibitions or limits, SAWPA
shall be subject to enforcement actions pursuant to all applicable federal, state and local laws,
including but not limited to California Government Code section 54739 et seq. and Districts'
Ordinance, Article 6, Section 615, and any subsequent or successor section thereto. In addition,
SAWPA shall pay to Districts all reasonable costs of any damage to Districts' facilities caused
by the discharge of Wastewater from SAWPA's SARI Service Area to Districts' facilities.
These costs shall include but not be limited to any costs of repair, investigation and Districts'
administrative overhead.
7. Reclaimable Wastewater. SAWPA shall, in good faith, make reasonable efforts
to minimize direct or indirect Reclaimable Wastewater discharges to the SARI, which discharges
originate.in SAWPA's SARI Service Area.
8. Metering, SAWPA shall pay all costs, including but not limited to, equipment
costs, employee time and administrative overhead associated with maintaining, calibrating,
reading, testing, repairing, adjusting and, if it becomes necessary, replacing the recording and
totalizing flow meter at the Green River Metering Station. SAWPA shall also reimburse the
Districts for all costs associated with the installation, maintenance and repair of electronic/
telemetry equipment which allows the Districts to monitor flow through the Green River
Metering Station from other District facilities. Should the meter malfunction, flows shall be
estimated using the average flows of the three previous months until such time as the meter is
repaired. All repairs to the flow meter shall be accomplished by SAWPA within a reasonable
time.
9. Assi ng ment. This Agreement shall not be transferred or assigned by SAWPA
without the prior written consent of Districts, which consent shall not be unreasonably withheld;
provided, however, that nothing herein contained shall prevent SAWPA from designating for,
or allocating to, public agencies or other users within SAWPA's SARI Service Area upstream
from Districts, a portion of the Treatment and Disposal Right provided for herein, so long as
such action does not affect SAWPA's liabilities and obligations to Districts. SAWPA shall be
the public entity having primary responsibility for regional reallocation, in the area upstream
from Districts, of this Treatment and Disposal Right.
10. Fees/Charges. To the extent that Districts establish any fee for capital
assessments or any other fees adopted pursuant to California Healthand Safety Code section
5470 et seq., or other legislative authorization, which fees are not duplicative of the fees herein
and which are applicable to dischargers within Districts' service area, SAWPA shall be obligated
to pay such fees in the same manner as the dischargers within Districts' service area. For
purposes of this section, the term "fees" shall be synonymous with "charges".
11. Protection of Districts Facilities. SAWPA acknowledges that Districts' policy
.provides for the Wastewater flow from SAWPA's SARI Service Area to be sent to Districts'
Plant No. 2 treatment works in Huntington Beach due to the high levels of Total Dissolved
Solids in the Wastewater and the discharge from the Stringfellow Treatment Facility.
MODRUFF,3P6 Ml&SMART
323191 10 July 11, 1996
Furthermore, SAWPA acknowledges that when water reclamation occurs at Districts' Plant No.
1, Districts cannot accept the wastewater discharge from the Stringfellow Treatment Facility at
Plant No. 1. If Districts determine to repair or replace Districts' facilities or need to divert, on
a temporary basis, the flow received from SAWPA's SARI Service Area to Districts' Plant No.
1, Districts shall provide written notice to SAWPA of this determination to divert to Plant No.
1 as soon as reasonably practicable. In accordance with this notice, SAWPA shall,at its sole
expense, prevent the discharge of Wastewater to the SARI from the Stringfellow Treatment
Facility, or such other source of Wastewater within SAWPA's SARI Service Area that Districts
determine may adversely affect the operation of Districts' facilities during the diversion by
Districts of SAWPA flow to Districts' Plant No. 1. Nothing in this Section 11 is intended to
preclude the discharge from SAWPA's SARI Service Area of discharges consisting solely of
other wastewater brines. While the parties are presently unable to predict events which may lead
to diversions of the Wastewater flow from SAWPA's SARI Service Area to Districts' Plant No..
1, it is the parties' estimate that such diversions will not average more than ten (10).business
days annually. During such diversions, the Districts will provide a temporary discharge location
within the County of Orange for the discharge by SAWPA of the wastewater discharge from the
Stringfellow Treatment.Facility to Districts` facilities.
12. Acts of God. Neither party hereto shall be liable for failure to comply with any
term or condition of this Agreement by reason of flood, fire, earthquake or act of God;
provided, that due diligence is exercised to repair or replace facilities damaged and to perform
hereunder following such occurrence. Districts and SAWPA shall each pay their proportional
share of the net cost of such replacement, based upon the capacity held and used by each at such
time.
13. Arbitration. In the event of a dispute as to the construction, interpretation or
implementation of this Agreement or any rights or obligations hereunder, the issues in dispute
shall be submitted to arbitration. (California Code of Civil Procedure, Part 3, Title 9, §1280 et
seq.) For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement,
each party shall select an arbitrator and those two arbitrators shall select a third. Discovery may
be conducted in connection with the arbitration proceeding pursuant to California Code of Civil
Procedure, §1283.05. The arbitrator, or three arbitrators acting as a board, shall take such
evidence and make such investigation as deemed appropriate and shall render a written decision
on the matter in question. The arbitrator shall decide each and every dispute in accordance with
the laws of the State of California. The arbitrator's decision and award shall be subject to
judicial review for errors of fact or law in the Superior Court for the County of Orange, with
a right of appeal from any judgment issued therein.
14. Attorney Fees. Each party will pay its own costs and attorney fees associated
with any litigation or other proceeding concerning the provisions of this Agreement.
15. IM Agreement. The 8 MGD Treatment and.Disposal Right previously acquired
by SAWPA pursuant to the 1972 Agreement shall, upon the effective date of this Agreement,
be deemed to have been acquired by SAWPA pursuant to the terms of this Agreement. This
present Agreement supersedes all terms and conditions of the 1972 Agreement between
WOODRUFF.SPMMW S SMART
3231a 1 11 JWY 11, 1996
CBMWD and Districts, the rights and obligations of which Agreement were assigned by
CBMWD to SAWPA in 1974. The 1972 Agreement shall have no further effect as of the
effective date of this Agreement.
16. Inteeration. This Agreement represents the entire understanding of the parties as
to those matters contained herein. No prior or contemporaneous oral or written understandings
shall be of any force or effect with respect to those matters covered by this Agreement, except
that nothing herein shall affect the terms of the April 1, 1991 Memorandum of Understanding
between Districts and SAWPA.
17. Modifications. This Agreement shall not be changed, modified or supplemented
except in a writing signed by the parties hereto.
18. No Waiver. No delay or omission in the exercise of any right or remedy
available hereunder shall impair such right or remedy or be construed as a waiver. Any waiver
of any default or condition hereunder must be in writing and shall not be construed as a waiver
of any other default concerning the same or any other provision of this Agreement.
19. Headings. Headings of the Sections of this Agreement are inserted for
convenience only and shall not be deemed to constitute a part hereof.
20. Seve i ' , If any provision of this Agreement is determined to be invalid,
illegal or unenforceable, such provision shall be severable from the rest of this Agreement and
the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired by such determination.
21. Notices, All notices and other communications given hereunder shall be in
writing and shall be personally delivered or mailed by registered or certified mail, return receipt
requested, and postage prepaid, addressed as follows:
If to SAWPA: Santa Ana Watershed Project Authority
Attention: General Manager
11615 Sterling Avenue
Riverside, California 92503
If to Districts: County Sanitation Districts of Orange County
Attention: General Manager
P. O. Box 8127
10844 Ellis Avenue
Fountain Valley, California 92728-8127
22. Interpretation of Governing Law. This Agreement shall be construed as if
prepared by all parties hereto. The provisions of this Agreement shall be construed and enforced
in accordance with the laws of the State of California.
WOODRUFF,WMDLW&SM
32319 1 12 July 11, 1996
23. Counteroarts and Execution. This Agreement may be executed in multiple
counterparts, and each of which shall be deemed an original Agreement, and all of which
constitute one Agreement.
24. Limitation on Discharge. Except to the extent connections presently exist,
SAWPA shall not allow, directly or indirectly, the discharge to the SARI of any Wastewater
originating outside SAWPA's SARI Service Area, unless SAWPA first obtains Districts' written
approval of such discharge.
25. Termination. The terms of this Agreement shall expire on April 12, 2046.
26. Third Part+ Beneficiaries. No benefit to any third party is intended by this
Agreement.
27. SARI Capacity Rights. Nothing in this Agreement shall be deemed to create any
right of SAWPA to capacity in the SARI, nor any obligation of Districts to provide such -
capacity. Capacity rights for the SARI are set forth in the Waste Water Interceptor Capacity
Agreement, except that the second sentence in Section 8 (pages 6-7) of that Agreement shall be
amended to read as follows: "The flow level from SAWPA's SARI Service Area shall not
exceed SAWPA's then-current Treatment and Disposal Right acquired pursuant to the 1996
Wastewater Treatment and Disposal Agreement between SAWPA and the Districts and, in no
event, shall exceed the capacity right acquired pursuant to this Waste Water Interceptor Capacity
Agreement."
28, Stormwater Discharge . The parties hereto acknowledge that the discharge
of stormwater to the SARI is not authorized. SAWPA shall take all reasonable steps necessary
to ensure that neither public agencies nor private persons or entities discharge stormwater
directly or indirectly to the SARI.
29. Interest. In the event that SAWPA fails to make payment within forty-five (45)
days.from the date of any of Districts' invoices, SAWPA shall, pursuant to California Health
and Safety Code section 5473.10, pay interest at the rate of one and one half percent (11k%) per
month on charges and fees owed to Districts or District No. 2.
30, Changes in Fees/Charges. The parties acknowledge that Districts may adopt
fundamental changes inthe formulas used for assessing fees and charges to Districts' users. If
such fundamental changes are adopted, the parties agree to negotiate in good faith to establish
new equitable fees and charges applicable to the discharge from SAWPA's SARI Service Area
to Districts' facilities.
31. Meet and Confer. The parties shall meet and confer within one (1) year
following the effective date of this Agreement to determine whether the provisions of this
Agreement are functioning as anticipated and to attempt, in good Faith, to resolve any issues
arising during the implementation of this Agreement. The parties may meet at any other time
during the term of this Agreement toward the same end.
WOODIe1FF,SPRADLIN&SMART
31319 1 13 July 11. 1996
32. Notice Re Continuing GijamM On or before July 1 of each year during the term
of this Agreement, SAWPA shall provide written notice to the Districts allocating among
SAWPA's members the respective percentages of SAWPA's total liability to Districts for which
each SAWPA member agency is guaranteeing payment pursuant to the attached Continuing
Guaranty of Wastewater Treatment and Disposal Agreement. Each percentage.allocated shall
be deemed that member agency's pro rats share of SAWPA's financial obligations to the
Districts during the immediately succeeding year (July 1 - June 30). In no event shall the
combined percentages allocated in the written notice be less than 100% of SAWPA's total
liability to the Districts. SAWPA's timely delivery to the Districts of notice in compliance with
this Section is a material term of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
SANTA ANA WATERSHED PROJECT AUTHORITY
By: —--
Chairm , SAWPA Ifornmission
COUNTY SANITATION District NO. 1 OF ORANGE
COUNTY, CALIFORNIA, for itself and on behalf of
County Sanitation Districts Nos. 2, 3, 5, 6, 7, 11, 13 and
14of Orange County, California
By-ate.. Q ` ttttttQQQQ.
Chai7m 7, Board of Dt�.
By: 6-1 11
Secretary, B d oftrectors
APPROVED AS TO FORM:
THOMAS L. WOODRUFF,
Districts'y..,Counsel
By: ,���iwi jfUf`r .
WOODRUFF.3PRADt1N 6 SMART
323191 14 July 11. 1996
SAVJ PA PRFTREATMEKT PROGRAM
Policies
Appendix 4-3
Multijurisdictional Pretreatment
Agreement
SAWPA Pretreatment Program Policies
October 15,2013
INLAND EMPIRE BRINE LINE
MULTIJURISDICTIONAL PRETREATMENT AGREEMENT
This Multijurisdictional Pretreatment Agreement (Agreement) is entered into as of
October 15,2013,between Santa Ana Watershed Project Authority (SAWPA) and the
agencies(Agencies)using the Inland Empire Brine Line(Brine Line).
I. RECITALS
WHEREAS,Chino Basin Municipal Water District(CBMWD)and County Sanitation
Districts of Orange County entered into a Wastewater Interceptor Capacity Agreement
on April 12, 1972 (1972 Agreement)by which a 30 MGD interceptor capacity right
was acquired by CBMWD. This capacity right was subsequently transferred from
CBMWD to SAWPA on November 13, 1974; and
WHEREAS, SAWPA and County Sanitation Districts of Orange County entered into a
Memorandum of Understanding on April 1, 1991 (1991 MOU)entitled"Governing
Quality Control of Wastewaters Discharged to the Santa Ana Regional Interceptor';
and
WHEREAS, SAWPA and County Sanitation Districts of Orange County entered into
an agreement on July 24, 1996,entitled"Wastewater Treatment and Disposal
Agreement"(1996 Agreement)defining the terms and conditions for purchase and use
of the County Sanitation Districts of Orange County's treatment and disposal facilities;
and
WHEREAS, Orange County Sanitation District(OCSD) is the successor-in-interest to
the County Sanitation District No. 2 of Orange County, California; and
WHEREAS, SAWPA owns and operates the Inland Empire Brine Line(Brine Line),
formerly known as the Santa Ana Regional Interceptor and as the Santa Ana River
Interceptor by OCSD,which discharges to OCSD treatment and disposal facilities;and
WHEREAS,OCSD owns and operates wastewater treatment and disposal facilities
and is designated by the state of California as a Control Authority per Tide 40,Code
of Federal Regulations, Part 403 (40 CFR,Part 403)to implement requirements of the
National Pretreatment Program (Pretreatment Program); and
Page 1 of 24
WHEREAS, SAWPA did on October 15,2013, adopt Ordinance No. 7(superseding
Ordinance No. 6)entitled"An Ordinance Establishing Regulations for the Use of the
Inland Empire Brine Line"in accordance with federal regulations, contracts and
OCSD's Ordinance; and
WHEREAS,permitted facilities located within SAWPA's SARI or Brine Line service
area (Dischargers)are contributing wastewater, which includes brine,industrial, and
domestic wastewater,to OCSD's wastewater disposal and treatment facilities under
the terms of the 1991 MOU and 1996 Agreement; and
WHEREAS,under the terms of the 1991 MOU,OCSD has authorized SAWPA as the
Delegated Control Authority to administer and conduct a Pretreatment Program in
accordance with the requirements as set forth in 40 CFR, Part 403 and SAWPA's
Ordinance No. 7 and any subsequent or successor ordinance thereto (SAWPA's
Ordinance); and
WHEREAS, Eastern Municipal Water District(EMWD), Inland Empire Utilities,
Agency(IEUA),Jurupa Community Services District(JCSD), San Bernardino Valley
Municipal Water District(Valley),San Bernardino Municipal Water Department
(SBMWD),Western Municipal Water District(WMWD), and Yucaipa Valley Water
District(YV WD) (collectively Agencies) are currently or will upon execution of this
Multijurisdictional Pretreatment Agreement(Agreement)be conducting portions of
SAWPA's Pretreatment Program; and
WHEREAS,under the terms of the 1991 MOU and 1996 Agreement, SAWPA and
each of the Agencies are required to enter into an interjurlsdictional,agreement setting
forth the respective obligations to develop, implement and enforce a pretreatment
program; and
WHEREAS, SAWPA and the Agencies intend to implement a unified and
standardized Pretreatment Program with identified roles and responsibilities, as
required by the 1991 MOU and 1996 Agreement. The Pretreatment Program will
ensure full compliance and efficient implementation with SAWPA's management and
oversight that is based on a set of uniform and consistent policies and procedures. This
Agreement will define the roles and responsibilities of the Agencies in implementing
the Pretreatment Program; and
WHEREAS,neither SAWPA nor Agency,by entering into this Agreement
relinquishes to the other,any of its independent statutory or other power and
responsibilities relative to the provisions of sewer service; promulgation,
Page 2 of 24
administration and enforcement of waste discharge requirements; or operation of its
publicly-owned sewer facilities. However,by entering into this Agreement SAWPA
and Agencies do agree to the cooperative implementation of required powers and
responsibilities for ensuring the implementation of the Pretreatment Program; and
WHEREAS,this Agreement supersedes all previous pretreatment agreements with
SAWPA in their entirety.
II. DEFINITIONS
As used in this Agreement, the following temts shall have these meanings:
A. Agency or Agencies shall mean the agencies with discharge rights to the Brine
Line: EMWD, IEUA, JCSD,Valley, SBMWD, WMWD, and YVWD. Each
Agency has a geographically defined service area. For purposes of the
responsibilities described in this Agreement,each Agency's service area excludes
the service area of another Agency that it geographically comprises.
B. Agency-Owned Facilities shall mean facilities owned entirely or partially by any
Agency including sewer system pipelines,treatment plants, and collection stations.
C. Enforcement Response Plan (ERP)shall mean a document that contains step-by-
step enforcement procedures developed and approved by SAWPA and followed by
SAWPA and Agency personnel to identify, document, and respond to violations by
a Discharger, an Industrial User(IU), Significant Industrial User(SRJ)or Liquid
Waste Hauler(LWH).
D. SA WPA's Pretreatment Program Policies,Enforcement Response Plan and
Procedures Document shall mean documents developed and approved by SAWPA
defining the Pretreatment Program requirements and policies applicable to
SAWPA and the Agencies to implement the 1991 MOU, 1996 Agreement and
SAWPA Ordinance.
E. SOP shall mean standard operating procedures. SOPS are part of SAWPA's
Procedures Document and provide Pretreatment Program implementation
guidance.
F. Discharger shall mean a facility which is directly connected to the Brine Line or
indirectly connected to the Brine Line disposing wastewater to the Brine Line or a
Page 3 of 24
Liquid Waste Hauler disposing of wastewater to the Brine Line at an Agency
Collection Station.
G. Permit shall mean a Wastewater Discharge Permit signed and issued by SAWPA.
H. Pemiittee shall mean a Discharger that has been issued a Permit signed by
SAWPA.
111. AGREEMENT
NOW,THEREFORE, Agencies and SAWPA,in consideration of the mutual promises
or performance contained in this Agreement,do hereby agree as follows:
SECTION 1. GENERAL
A. SAWPA, as the Delegated Control Authority, is responsible for the management,
oversight and administration of the Pretreatment Program for all Dischargers
tributary and discharging to the Brine Line throughout the Upper Santa Ana River
Watershed (SAWPA's service area).
B. SAWPA has primary responsibility for implementation of all aspects of the
Pretreatment Program including but not limited to permitting,monitoring,
inspection,enforcement, and reporting of all Dischargers within the SAWPA
service area. This responsibility also extends to the Agency-Owned Facilities
issued a Permit including Collection Stations, Desalters,Treatment Plants and ion
Exchange Plants that are tributary and discharging to the Brine Line.
C. Under the oversight of SAWPA,Agencies that have Dischargers tributary and
discharging to the Brine Line most fulfill the roles and responsibilities described in
this Agreement including SAWPA Delegated Control Authority activities related
to,but not limited to,permitting,monitoring, inspection, enforcement, and
reporting of all Dischargers within the Agency service area, except Agency-Owned
Facilities. Each Agency shall fully implement,and enforce within its boundaries,
all the necessary Pretreatment Program requirements as set forth in 40 CFR,Part
403, and SA WPA's Ordinance, Pretreatment Program Policies, and ERP.
Page 4 of 24
D. For Agency-Owned Facilities, the Agency must have a Permit and shall perform
self-monitoring,reporting, and all other requirements defined in the Permit issued
by SAWPA. SAWPA shall implement all other Pretreatment Program
responsibilities directly for permitted Agency-Owned Facilities.
E. SAWPA shall prepare the Pretreatment Program Policies, Procedures Document
and ERP to define the Pretreatment Program's policies,procedures and range of
enforcement response options,respectively.The Pretreatment Program Policies,
Procedures Document and ERP set forth the detailed policies and procedures for
consistent administration, implementation,and enforcement of the Pretreatment
Program by the Agencies; any deviation thereof, without the express approval of
SAWPA,is not permitted. In the event of a conflict between the Pretreatment
Program Policies and ERP,the more stringent requirement shall apply, as
determined by SAWPA's General Manager.
F. Immediate Cessation of Discharge-Where a discharge to the Brine Line
reasonably appears to present an imminent danger to public health, safety, or
welfare, or presents or may present an imminent danger to the environment or
threatens to interfere with the operation of the Brine Line or OCSD's sewerage and
disposal facilities, or could pass through or contaminate treatment plant sludge,or
prevent water reclamation,Agencies shall immediately initiate emergency action
to halt the discharge per the ERP and SAWPA Ordinance.
G. Local Limits- SAWPA will adopt pollutant specific local limits as stringent as
necessary to protect the regional water quality and treatment and disposal facilities.
The Agencies shall implement and enforce pollutant specific local limits as
specified in 40 CFR, Part 403, SAWPA's Ordinance, Pretreatment Program
Policies,Procedures Document and ERP for those Dischargers tributary to the
Brine Line within the Agency service area.
H. Agencies may adopt additional or more stringent local limits to protect the
Agency-Owned Facilities.
1. SAWPA is responsible for identifying and permitting Dischargers subject to the
Pretreatment Program. Agencies shall prepare and maintain an updated industrial
user inventory by identifying Dischargers requiring Permits in accordance with the
requirements set forth in 40 CFR,Part 403, SAWPA's Ordinance, and
Pretreatment Program Policies and Procedures Document.
Page 5 of 24
J. Agencies shall have in place the staffing and resources necessary, including
fanding, to fully plan,manage and execute the required SAWPA delegated work
described by the mandates of the Pretreatment Program specified in the 40 CFR,
Part 403, SAWPA's Ordinance,ERP, Pretreatment Program Policies, and
Procedures Document. If an Agency fails to take appropriate action in executing
its role and responsibilities in a timely manner as required by SAWPA, SAWPA
and the Agency shall meet and confer to identify the cause of the failure and/or
deficiency,identify corrective actions and establish a schedule to complete
identified corrective actions. SAWPA at its sole discretion may limit or terminate
the Agency's role and responsibilities in the implementation of delegated
Pretreatment Program work and may implement and perform the required actions
directly to ensure compliance at the Agency's cost. In this case, the Agency shall
reimburse SAWPA the costs of performing the tasks and additional administrative
charges incurred by SAWPA.
K. Audits of Agencies- SAWPA will conduct once every two years or at a frequency
it deems necessary an audit of the Agencies to evaluate compliance with 40 CFR,
Part 403, SAWPA's Ordinance, Pretreatment Program Policies,Procedures
Document and ERP. SAWPA will issue a written record of the audit and its
findings.Upon issuance,Agencies shall respond to the audit findings and take any
corrective actions necessary to remedy any deficiencies found during the audit and
implement proactive measures to prevent a recurrence. For any longer duration
corrective action (over 90 days),a Corrective Action Plan shall be used to establish
and track interim milestones to meet the overall corrective action schedule. At
SAWPA's discretion, additional Agency audits or inspections may be conducted to
evaluate any component or activity of the Pretreatment Program performed by
Agency.
L. Public Notice-Any required Pretreatment Program-related public notices shall be
approved by SAWPA prior to issuance.
M. Agency costs-Each Agency shall be responsible for bearing its own costs for the
conduct of the Pretreatment Program, and it is not envisioned that SAWPA will
reimburse any such Agency costs.
N. Prohibition of Discharge Service to Sources Outside of SAWPA Service Area—
Permitting of any access to the Brine Line for wastewater originating outside of the
SAWPA service area,by any Agency for any user,Discharger,or any other
governmental or private entity is prohibited without the prior written approval of
SAWPA and OCSD.
Page 6 of 24
O. Records and Data Management—Each Agency agrees to provide SAWPA with
access to all records compiled as part of the Agency's Pretreatment Program
activities related to all discharges tributary to the Brine Line. SAWPA is
implementing a Pretreatment Program Data Management System that will serve as
a commonly accessible repository for all data collected in implementing the
Pretreatment Program. The system will be accessible to SAWPA and the
Agencies. Each Agency shall ensure that all appropriate data is promptly loaded to
this Data Management System,verified for completeness and accuracy to ensure
Pretreatment Program management, implementation and reporting.
P. Restricted Discharges to the Brine Line-The discharge of stormwater is not
authorized except as allowed for in SAWPA's Ordinance. Agencies shall make
reasonable efforts to ensure that stomtwater is not discharged to the Brine Line by
any public or private entity and that direct or indirect discharges of reclaimable
wastewater are minimized.
Q. Remedies for Breach- SAWPA has the right to take actions identified in the
Ordinance including legal action,to enforce the terms of this Agreement. SAWPA
has the right to take action directly against noncompliant Dischargers in the event
that an Agency is unable or unwilling to do so.
R. Each Agency shall comply with, and assure Pretreatment Program compliance
with the 1991 MOU and the 1996 Agreement and any amendments or successors
to them through compliance with this Agreement,40 CFR Part 403, SAWPA's
Ordinance, Pretreatment Program Policies,Procedures Document, and ERP, and
any other policies or procedures required by SAWPA.
S. All non-emergency communications from Agencies directed at OCSD shall be
conducted through SAWPA.
SECTION 2. LEGAL AUTHORITY
A. SAWPA is a Joint Powers Authority(JPA)per Section 6500 of the State
Government Code and delegated a Control Authority by OCSD to administer the
implementation of the Pretreatment Program for all Dischargers tributary to the
Brine Line in accordance with the 1991 MOU and 1996 Agreement.
B. SAWPA adopted Ordinance No.7 on October 15, 2013,and intends to adopt a
revised ordinance to incorporate or address additional federal and regional
Page 7 of 24
Pretreatment program requirements,or make clarifications or other appropriate
changes. SAWPA will maintain sufficient legal authority to implement the
Pretreatment Program by amendments to the Ordinance as required. SAWPA will
prepare and conduct any public hearings and notices required for the development
and adoption of any ordinance revision.
C. Agencies shall adopt the SAWPA Ordinance without changes except those
otherwise non-substantive changes required to conform the ordinance to the
adopting Agency, and shall adopt subsequent amendments or successor ordinances
within 60 days of SAWPA's adoption. The Agency's adopted ordinance shall be
no less stringent than SAWPA's Ordinance.
D. Each Agency hereby designates SAWPA as its agent for the purposes of
implementation and enforcement of the Agency's ordinance, and SAWPA
designates each Agency as SAWPA's agent for purposes of implementing and
enforcing SAWPA's Ordinance,against Dischargers located in that Agency's
service area. SAWPA and any Agency may take any action under the other's
ordinance that could have been taken by the Agency,including the enforcement of
the Ordinance in courts of law.
E. If the authority of SAWPA to act as an agent for an Agency under this Agreement
is challenged by a Discharger,in a court of law or otherwise, the Agency shall take
any actions reasonably necessary to ensure the implementation and enforcement of
the Agency's ordinance and SAWPA Ordinance against a Discharger.
SECTION 3. PERMITTING
A. Each Agency shall implement, as delegated by SAWPA, all the permitting and
relevant policies and procedures defined and set forth by SAWPA including but
not limited to compliance with the SAWPA Ordinance,40 CFR, Part 403
requirements,Pretreatment Program Policies, ERP,Procedures Document, SOPS,
schedules and timelines, forms,document templates,records and document
management,data management,and quality control.
B. Each Agency shall require that all Dischargers in the Agency's service area that
are seeking or renewing a Permit shall obtain, complete, and file a permit
application with SAWPA or with Agency on behalf of SAWPA in accordance with
the provisions of the SAWPA Ordinance, Pretreatment Program Policies and
Procedures Document.
Page 8 of 24
C. Upon receiving a Permit application,an Agency shall be responsible for
conducting pre-permit inspection(s),preparing an accurate and concise draft
Permit Fact Sheet and a draft Permit,and all the relevant supporting documents,
submitting the draft Permit Fact Sheet and draft Permit to SAWPA for review,
responding to comments on the draft documents, and submitting the final Permit
and final Permit Fad Sheet to SAWPA. The Agency shall deliver the complete
draft Permit and draft Permit Fact Shed to SAWPA for review no later than 45
calendar days prior to the Permit expiration date and in accordance with the
requirements set forth in the SAWPA Ordinance,40 CFR 403, Procedures
Document, and Pretreatment Program Policies.
D. SAWPA will finalize the Permit and Permit Fact Sheet and will submit to OCSD
in accordance with the requirements outlined in the 1991 MOU to obtain OCSD's
Permit concurrence.
E. SAWPA will sign and issue Permits for all Dischargers tributary and discharging
to the Brine Line and provide Permit approval and SAWPA General Manager or
designee signature. Agencies may also sign permits for non-agency owned
facilities that are Dischargers to the Brine Line. This dual signature recognizes the
joint role SAWPA and the Agencies have in administering the Permit. Agencies
agree that under no circumstances will any Discharger or proposed Discharger be
allowed to discharge wastewater into the Brine Line without a Permit reviewed by
OCSD and approved, signed and issued by SAWPA.
F. SAWPA or Agency will deliver the fully executed Permit to the Discharger by or
prior to the effective date of the Permit.
G. For Agency-Owned Facilities,Agency will prepare and submit to SAWPA the
Permit application as required from all Dischargers. SAWPA will process the
permit application for Agency-Owned Facilities in the manner described above.
SAWPA will be the sole signatory on the Permit and will deliver the Permit to the
Agency.
SECTION 4. SAMPLING, INSPECTIONS AND MONITORING
A. Unless directed otherwise by SAWPA,Agencies shall perform all required
sampling,inspection,or monitoring specified by SAWPA to comply with the
Pretreatment Program requirements, SA WPA's Ordinance, Pretreatment Program
Policies, Procedures Document and ERP. The sampling, inspection and monitoring
may include but are not limited to sampling,inspection and flow monitoring of the
Page 9 of 24
Dischargers,data review and compliance assessment,enforcement follow-up,
compliance investigation, and sampling for billing purposes(currently BOD,TSS,
and hardness)or any other Pretreatment Program-related field work requested by
SAWPA. SAWPA's Pretreatment Policies and Procedures Document describe
certain required Permittee self-monitoring. An Agency may at its discretion
perform any required self-monitoring on behalf of the Discharger.
B. Agencies shall review all sampling,inspection;monitoring data such as sampling
data and pollutant analyses,inspection reports, self-monitoring data,flow metering
data, all other relevant information collected from each Discharger by Agencies for
compliance with Permit requirements and shall report to SAWPA on a periodic
basis as specified in the Pretreatment Program Policies and Procedures Document,
and upon SAWPA's request.
C. For Agency-Owned Facilities, SAWPA shall perform all required sampling,
inspection,or monitoring required to comply with the Pretreatment Program,
except that Agencies shall perform all self-monitoring as specified in the Permit.
The sampling,inspection and monitoring may include but is not limited to
sampling, inspection and flow monitoring of the Agency Owned Facilities'
discharge, enforcement follow-up,compliance investigation, and sampling for
billing purposes (currently BOD,TSS,and hardness).
D. SAWPA may,without notice to the Agency, conduct sampling and inspections of
any Discharger or at any discharge point located within the Agency's jurisdiction,
or at any point along the Brine Line, as it deems necessary. Except in an
emergency and for Agency-owned Facilities, SAWPA shall notify the Agency of
the intended sampling or inspection as early as possible but not less than 24 hours
in advance in order to afford the Agency an opportunity to have a representative
present. Such notice may be oral or written. SAWPA may direct that the
monitoring or inspection not he communicated to the Discharger.
E. Where a discharge to the Brine Line reasonably appears to present an imminent
danger to public health, safety,or welfare, or presents or may present an imminent
danger to the environment or threatens to interfere with the operation of the Brine
Line or OCSD sewerage system, SAWPA General Manager may immediately take
any necessary steps including but not limited to any sampling and inspection to
identify the source of the discharge and halt the discharge.
Page 10 of 24
SECTION 5. ENFORCEMENT
A. SAWPA is responsible for enforcing the Pretreatment Program's requirements
within the SAWPA service area. The Agencies' roles and responsibilities are
defined per requirements and guidelines set forth in the SAWPA Ordinance,
Pretreatment Program Policies,Procedures Document, and ERP, including but not
limited to screening and identifying the Pretreatment Program violations,issuing
appropriate enforcement actions and taking the necessary follow-up actions as
specified in the SAWPA Ordinance and ERP.
B. SAWPA and Agencies shall take appropriate enforcement corrective action per
SAWPA's Ordinance, Pretreatment Program Policies, and ERP to eliminate
Discharger non-compliance.
C. SAWPA grants Agencies the authority to initiate and manage enforcement.
activities in accordance with the SAWPA Ordinance and ERP and any other
appropriate policies where applicable. Where it deems necessary, SAWPA has the
authority at its sole discretion to take over any enforcement action against a non-
compliant Discharger. Agencies shall provide notification of recommended
enforcement actions and obtain SAWPA's approval and signature of General
Manager or designee for any enforcement actions associated with major violations
and persistent non-compliance as defined in the ERP.
D. SAWPA and Agencies will determine Significant Non-Compliance(SNC) as
defined by the requirements of 40 CFR,Part 403 and SAWPA's Ordinance for
Dischargers within Agency's service area. SAWPA will review and verify the
determination per the Pretreatment Program Policies,Procedures Document,and
ERP and will take appropriate action.
E. For Agency-Owned Facilities, SAWPA will determine Significant Non-
Compliance(SNC) as defined by the requirements of 40 CFR,Part 403 and
SAWPA's Ordinance and will take appropriate action.
F. In the event that an Agency fails to comply with any requirements set forth in the
SAWPA Ordinance, ERP, Policies and Procedures Document in its
implementation of the Pretreatment Program in accordance with 40 CFR 403,
SAWPA may direct the Agency to complete enforcement actions or SAWPA may
exercise its authority to execute its responsibilities at the Agency's expense.
SAWPA and the Agency shall meet and confer to identify the cause of the failure
and/or deficiency, identify corrective actions and establish a schedule to complete
Page 11 of 24
identified corrective actions to ensure compliance with Pretreatment Program
requirements. SAWPA at its sole discretion may limit or terminate the Agency's
enforcement role and responsibilities in the implementation of delegate
Pretreatment Program work and may implement and perform the required
enforcement actions directly to ensure compliance at the Agency's cost. In this
case,the Agency shall reimburse SAWPA the costs of performing the enforcement
tasks and additional administrative charges incurred by SAWPA.
G. SAWPA will take necessary actions or issue orders to Agencies to address any
enforcement action taken by OCSD,any regulatory agency,or third party due to
implementation of the Pretreatment Program. Agency shall pay to SAWPA all
reasonable costs,penalties or fees incurred by SAWPA as a result of the Agency's
failure to comply with the SAWPA Ordinance, Pretreatment Program Policies,
ERP and Procedures Document requirements. These costs shall include but not be
limited to any fees,penalties, cost of repair, investigation, and SAWPA's
administrative overhead.
H. For Agency-Owned Facilities,SAWPA will take action in accordance with its
Ordinance, ERP,Policies,Procedures Document and the Wastewater Discharge
Permit,for non-compliance with Permit requirements and conditions.
SECTION 6. REPORTING
A. Agencies shall maintain files of all Dischargers' pertinent information including
but not limited to permitting,sampling, inspection, flow monitoring, compliance
and enforcement documents as defined in the Pretreatment Program Policies,
Procedures Documents and ERP. Upon SAWPA's request, Agencies shall provide
to SAWPA full access to such files. Upon SAWPA notice of completion of its data
management system,Agencies shall upload to the data management system
necessary information as required by SAWPA.
B. Agencies shall manage files and data to allow SAWPA to prepare and submit
monthly,quarterly, semi-annual, and annual reports in a manner to meet the OCSD
reporting requirements and timeline including water quality,permitting, sampling,
inspection,enforcement, monitoring data, and other information as required by
SAWPA. Reporting requirements, schedules, and timelines are contained in the
Pretreatment Program Policies, Procedures Document and ERP.
Page 12 of 24
C. Certification of Report Information. Agencies shall certify reports provided to
SAWPA per 40 CFR Part 403, SAWPA's Ordinance, and Pretreatment Program
Policies requirements.
SECTION 7. INDEMNITY
A. Each Agency hereby indemnifies SAWPA for all damage, fines and costs incurred
by SAWPA as a result of wastewater discharge from the Agency's service area
including but not limited to fines,fees,penalties, charges,including those imposed
by OCSD, a regulatory agency,or a court of law,or costs incurred by SAWPA,
directly or passed through firm OCSD or any other entities,resulting from injury
to personnel, damage to facilities,disruption of treatment processes or operations,
degradation of sludge quality,NPDES permit violations, and other air,water, and
sludge quality violations.
B. SAWPA hereby indemnifies each Agency for all damages, fines and costs incurred
by the Agency, imposed by a regulatory agency or a court of competent
jurisdiction, arising out of the implementation of the Pretreatment Program and
due solely to the negligence of SAWPA, including but not limited to fines,fees,
penalties,charges or costs resulting from injury to agency personnel,damage to
agency facilities, disruption of treatment processes or operations, and other air and
water quality violations.
SECTION 8.NOTICE
Except as otherwise provided herein, all notices and other communications required or
permitted hereunder shall be in writing,and shall be delivered in person, electronic
telecommunication (e.g. E-mail or Fax),or sent by registered mail or certified mail,
return receipt requested,and shall be deemed received upon actual receipt or 72 hours
after deposit in the mail of the United States Postal Service,postage prepaid and
addressed as follows:
To SAWPA:
Santa Ana Watershed Project Authority(SAWPA)
Attention: General Manager
11615 Sterling Avenue
Riverside, CA 92503
(951)354-4220
(951) 785-7076 (fax)
Page 13 of 24
To Agencies:
Eastern Municipal Water District(EMWD)
Attention: General Manager
2270 Trumble Road
Perris, CA 92570
(951)928-3777
(951)927-6177(fax)
Inland Empire Utilities Agency(IEUA)
Attention: General Manager
6075 Kimball Avenue
Chino,CA 91710
(909) 993-1600
(909) 597-8875 (fax)
Jurupa Community Services District(JCSD)
Attention: General Manager
11201 Harrel Street
Jurvpa Valley,CA 91752
(951)685-7434
(951)685-1153 (fax)
Western Municipal Water District(WMWD)
Attention: General Manager
14205 Meridian Parkway
Riverside, CA 92518
(951) 571-7100
(951)571-0590(fax)
San Bernardino Municipal Water Department(SBMWD)
Attention: General Manager
300 N. D Street—5'n Floor
San Bernardino,CA 92418
(909) 384-5141
(909) 384-5158 (fax)
Page 14 of 24
San Bernardino Valley Municipal Water District(Valley)
Attention: General Manager
380 E. Vanderbilt Way
San Bernardino,CA 92408
(909)397-9200
(909)387-9247(fax)
Yucaipa Valley Water District(YVWD)
Attention: General Manager
P.O. Box 730
Yucaipa,CA 92399
(909) 797-5117
(909)797-6381 (fax)
SECTION 9. AMENDMENTS AND MODIFICATIONS
Except as provided in Section 10 below,the terms of this Agreement may be amended
only in writing executed by all of the signatories hereto. SAWPA and the Agencies
shall review and revise this Agreement as necessary at least once every three years
from the effective date. Notwithstanding amendments to this Agreement, compliance
with the Federal Clean Water Act(42 U.S.C. Section 1251 et. seq.) and rules and
regulations(40 CFR Part 403),including amendments thereto, is continuously
required.
SECTION 10.TERMINATION
This Agreement will remain in effect unless terminated by SAWPA or by all of the
Agencies. SAWPA may terminate this Agreement in its entirety or with respect to any
of the Agencies by providing 90 days written notice to the affected Agencies. Any
Agency may terminate its participation in this Agreement by providing 90 days written
notice to SAWPA. All benefits and obligations under this Agreement will cease as to
the terminating Agencies on the 91'day following such notice if the notice is not
earlier withdrawn.
Page 15 of 24
SECTION 11. SEVERABILITY
If any term of this Agreement is held to be invalid in any judicial action,the remaining
terms will be unaffected.
SECTION 12. RIGHTS AND RESPONSIBILTIES OF ORANGE COUNTY
SANITATION DISTRICT RETAINED
The parties to this Agreement understand and agree that OCSD retains its rights and
responsibilities as defined in the 1991 MOU and 1996 Agreement. This Agreement in
no way diminishes the effectiveness or reduces the scope of the 1991 MOU and 1996
Agreement.
Page 16 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
EASTERN MUNICIPAL WATER DISTRICT
By
Name
Title
Date
Page 17 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof, this Agreement is executed as follows:
INLAND EMPIRE UTILITIES AGENCY
By
Name
Title
Date
Page 18 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
JURUPA COMMUNITY SERVICES DISTRICT
By
Name
Title
Date
Page 19 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof, this Agreement is executed as follows:
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
By
Name
Title
Date
Page 20 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
By
Name
Title
Date
Page 21 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
SANTA ANA WATERSHED PROM T AUTHORITY
By
Name DO?:ALD D.GALLEANO
Title ACTING CHAIR
Date OCTOBER 15 2013
Page 22 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
WESTERN MUNICIPAL WATER DISTRICT
By
Name
Title
Date
Page 23 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
YUCAIPA VALLEY WATER DISTRICT
BY
Name
Title
Date
Page 24 of 24
SAWPA PRETREATMENT PROGRAM
Policies
Appendix 4-4
Ordinance No. 7
SAWPA Pretreatment Program Policies
October 15,2013
Santa Ana Watershed Project Authority
ORDINANCE NO. 7
An Ordinance Establishing Regulations for the Use of the
Inland Empire Brine Line
formerly Santa Ana Regional Interceptor (SARI)
(Superseding Ordinance No. 6)
FrSAWPA
October 15, 2013
I ORDINANCE NO. 7
2
3 AN ORDINANCE OF THE SANTA ANA WATERSHED PROJECT AUTHORITY
4 ESTABLISHING REGULATIONS FOR THE USE OF THE
5 INLAND EMPIRE BRINE LINE
6 FORMERLY KNOWN AS
7 SANTA ANA REGIONAL INTERCEPTOR
8
9 BE IT ORDAINED BY THE COMMISSION OF THE
10 SANTA ANA WATERSHED PROJECT AUTHORITY
11 AS FOLLOWS:
12
13
14 PREAMBLE
15
16
17 ARTICLE 1
18 GENERAL PROVISIONS
19
20 101.0 Purpose and Policy
21 102.0 Authorization
22 103.0 Definitions
23 104.0 Administration
24 105.0 Notice
25 106.0 Confidentiality
26 107.0 Time Limits
27
28
29
30 ARTICLE 2
31 GENERAL PROHIBITIONS AND
32 LIMITATIONS ON DISCHARGES
33
34 201.0 Prohibited Waste Discharges
35 202.0 Dilution Prohibited as a Substitute for Treatment
36 203.0 Limitations on Groundwater, Surface Runoff, and Subsurface
37 Drainage
38 204.0 Limitations on Unpolluted Water
39 205.0 Limitations on Domestic Wastewater and Septage Waste
40 206.0 Limitations on Point of Discharge
41 207.0 Limitations on the Use of Grinders
42 208.0 Limitations on Biochemical Oxygen Demand(HOD)
43 209.0 Limitations on Infectious Waste Disposal
44 210.0 Limitations on Disposal of Waste Solutions and Sludges
45 211.0 Slug Discharges
46
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1
2 ARTICLE 3
3 WASTEWATER DISCHARGE CONTRACTS
4 USER CHARGES AND FEES
5
6 301.0 Introduction
7 302.0 Wastewater Discharge Contract Between SAWPA and a Member
8 Agency or Contract Agency
9 303.0 Wastewater Discharge Contracts Between a Member Agency and a
10 User of the Brine Line or Tributaries Thereto
11 304.0 User Charges and Fees
12
13
14
15 ARTICLE 4
16 WASTEWATER DISCHARGE PERMITS
17
18 401.0 Introduction
19 402.0 Wastewater Discharge Permits
20 403.0 Permit Duration
21 404.0 Duty to Comply
22 405.0 Permit Renewal,Extension and Fees
23 406.0 Permit Modifications
24 407.0 Permit Transfer or Assignment
25 408.0 Wastewater Discharge Capacity Contract Rights
26 409.0 Operational Emergency Discharge
27 410.0 Liquid Waste Hauler Permits
28 411.0 Collection Stations
29 412.0 Groundwater, Surface Runoff, and Subsurface Drainage
30 413.0 Wastewater from Outside the SAWPA Brine Line Service Area
31
32
33
34 ARTICLE 5
35 MONITORING,REPORTING,INSPECTION,
36 AND FACILITY REQUIREMENTS
37
38 501.0 Monitoring and Reporting
39 502.0 Inspection
40 503.0 Inspection Warrants
41 504.0 Record Keeping
42 505.0 Flow Measurement
43 506.0 Interceptor Requirements
44 507.0 Standard Interceptor Designs
45 508.0 Interceptor Maintenance
46 509.0 Liquid Waste Haulers
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1 510.0 Use of and Damage to SAWPA Equipment or Facilities
2 511.0 Separation of Domestic and Industrial Waste
3 512.0 Limitations on Wastewater Strength
4 513.0 Local Limits
5 514.0 Pretreatment of Industrial Wastewaters
6 515.0 Unauthorized Monitoring and Pretreatment Equipment
7 Modifications
8 516.0 Pretreatment Equipment Bypass
9 517.0 Prohibited Discharge of Recovered Pretreatment Waste
10 518.0 Industrial User Modifications
11 519.0 Spill Containment Systems
12 520.0 Facility Waste Management Plan
13 521.0 Federal Categorical Pretreatment Standards
14 522.0 Notice of Potential Problems to POTW
15 523.0 Written Responses
16 524.0 Falsifying Information
17
18
19 ARTICLE 6
20 ENFORCEMENT
21
22 600.0 Purpose and Scope
23 601.0 Enforcement Response Plan (ERP)
24 602.0 Administrative Violations
25 603.0 Violations of Discharge Limitations
26 604.0 Unclassified Violations
27 605.0 Separate Violations
28 606.0 Administrative Orders
29 607.0 Wastewater Discharge Permit Revocation
30 608.0 Termination of Service
31 609.0 Annual Publication Notice
32 610.0 Administrative Complaint
33 611.0 Emergency Suspension
34 612.0 Civil Liability for Violations
35 613.0 Criminal Penalties
36 614.0 Legal Action
37 615.0 Supplemental Enforcement Actions
38 616.0 Remedies Nonexclusive
39 617.0 Payment of Fees, Charges, and Penalties
40 618.0 Damage to Facilities or Interruption of Normal Operations
41 619.0 Appeals
42 620.0 Alternative Enforcement Procedures
43 621.0 Invalidity
44 622.0 Interpretation-Intent
45
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1 ARTICLE 7
2 SEVERABILITY
3
4 700.0 Severability
5 701.0 Effective Date
6 702.0 Judicial Review of Ordinance
7
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1 I. PREAMBLE
2
3 The Santa Ana Watershed Planning Agency was formed in 1968 to develop a long-range plan
4 for managing,preserving,and protecting the quality of the water supplies in the Santa Ana River
5 Basin. After development of the long-range plans,the Santa Ana Watershed Project Authority
6 (SAWPA) was formed to implement the Planning Agency's recommendations. SAWPA's
7 programs include the planning,financing,construction and operation of projects that relate to
8 the water quality and quantity in the Santa Ana River Basin.
9
10 Various federal, state and local regulatory agencies have established goals and standards to
11 assure that the highest quality water is made available to the people in the Santa Ana River
12 Basin. In order to enhance and improve the quality of water in the Santa Ana River Basin and to
13 ensure compliance with goals and standards set by the regulatory agencies, SAWPA has
14 implemented many projects to remove contaminates,mainly high saline waters,from the water
15 supplies. One of the main facilities constructed for this purpose is the Inland Empire Brine Line
16 (Brine Line) formerly(mown as the Santa Ana Regional Interceptor(SARI) sewer. This line
17 transports highly saline wastewater from the watershed to the Orange County Sanitation District
18 (OCSD) for treatment and disposal to the Pacific Ocean. This isolation of saline wastewater
19 prevents contamination of the Santa Ana River from the commingling of these wastewaters with
20 the river water. The use of the Brine Line enables the delivery of higher quality potable water to
21 the Users of the Santa Ana River Basin waters,particularly in the lower elevations of the basin
22 in the Orange County area.
23
24 SAWPA recognized the need to control the quality of waters in the basin as well as wastewaters
25 discharged to the Brine Line and adopted Ordinance No. 1 in May 1982. The purpose of the
26 ordinance was to establish the maximum benefit from the use of the Brine Line by providing
27 procedures to ensure compliance with the requirements placed upon SAWPA by regulatory
28 agencies and SAWPA's contractual agreements with OCSD.
29
30 Upon the effective date of this Ordinance No. 7,Ordinance No. 6,including any amendments
31 thereto, shall be repealed and superseded by this Ordinance.
32
33
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1 ARTICLE I
2 GENERAL PROVISIONS
3
4 101.0 PURPOSE AND POLICY.
5
6 The purpose of this Ordinance is to provide for the maximum benefit from the use of the Santa
7 Ana Watershed Project Authority's (SAWPA) facilities. This shall be accomplished by
8 regulating the use of the Inland Empire Brine Line(Brine Line)formerly known as Santa Ana
9 Regional Interceptor(SARI)sewer system and tributaries thereto and the wastewater discharged
10 to this sewer system, by providing for the distribution of the costs of the construction,
11 administration,operation and maintenance of the system,and by providing procedures that will
12 allow SAWPA to comply with all regulatory requirements imposed upon SAWPA by contract
13 requirements and by federal, state, and local agencies.
14
15 SAWPA recognizes Orange County Sanitation District's (OCSD's) authority and
16 responsibilities as defined by Federal Pretreatment Regulations (40 CFR 403) including their
17 role as the Control Authority. As such, SAWPA is committed to providing Pretreatment
18 Program services in accordance with Federal Pretreatment Program Requirements, this
19 Ordinance,the 1991 MOU and 1996 Agreement. SAWPA will fiuther ensure consistency in the
20 implementation of the pretreatment requirements to conform, as appropriate, to the Program
21 adopted by the Control Authority.
22
23 In order to conform to limitations and requirements from regulatory agencies, SAWPA must
24 regulate the discharge of wastewater into the Brine Line. This Ordinance shall apply to all
25 Direct or Indirect Users that discharge wastewater tributary to the Brine Line.
26
27 A. This Ordinance shall provide for the regulation ofwastewater discharges into the
28 Brine Line in accordance with the Federal Government's objectives of general pretreatment
29 regulations as stated in Section 403.2 of Title 40 of the Code of Federal Regulations (CFR)
30 which are for the following purposes:
31
32 1. To prevent the introduction of pollutants into the Brine Line that will interfere
33 with the operation of the Orange County Sanitation District's(OCSD)Publicly Owned
34 Treatment Works(POTW),including interference with its use or disposal of municipal
35 biosolids;
36
37 2. To prevent the introduction of pollutants into OCSD's POTW which will Pass
38 Through the treatment works,inadequately treated,to the receiving waters or otherwise
39 be incompatible with such works;
40
41 3. To improve opportunities to recycle and reclaim municipal and industrial
42 wastewaters and biosolids;
43
44 4. To enable SAWPA to comply with requirements from the Federal
45 Environmental Protection Agency and OCSD and any other federal or state laws to
46 which SAWPA and/or OCSD's POTW is subjected;
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1 5. To enable SAWPA to control the privileges to any use of the Brine Line and
2 tributaries thereto;
3
4 6. To protect and preserve the health and safety of the citizens and personnel of
5 SAWPA,OCSD, and contracted agencies; and
6
7 7. To prevent the introduction of pollutants that obstruct flows within the Brine
8 Line or otherwise cause or contribute to sanitary sewer overflows and to comply with the
9 provisions of State Water Resources Control Board(SWRCB)adopted Order No.2006-
10 0003,a General Waste Discharge Requirement(WDR)for all publicly owned sanitary
11 sewer collection systems in California with more than one(1)mile of sewer pipe.
12
13 B. This Ordinance shall apply to all Direct or Indirect Users of the Brine Line and
14 tributaries thereto. This Ordinance authorizes:
15
16 1. The issuance of waste discharge permits;
17
18 2. Monitoring,compliance, and enforcement activities;
19
20 3. Brine Line contribution plan check services;
21
22 4. User reporting requirements;
23
24 5. The establishment of fees; and
25
26 6. The equitable distribution of costs resulting from the program established herein.
27
28 C. This Ordinance shall be administered by the General Manager of SAWPA,under
29 the control and direction of the SAWPA Commission.
30
31 D. This Ordinance implements the provisions of the 1991 Memorandum of
32 Understanding between OCSD and SAWPA "Governing Quality Control of Wastewaters
33 Discharged" (1991 MOU) to the Brine Line and the 1996 Agreement between OCSD and
34 SAWPA"Wastewater Treatment and Disposal Agreement"(1996 Agreement).This Ordinance
35 is intended to be at least as protective of OCSD's facilities as OCSD's Wastewater Discharge
36 Regulations, Ordinance No. 39, or its successors. SAWPA issued Wastewater Discharge
37 Permits shall require compliance with both this Ordinance and OCSD's Ordinance No.39,and
38 should require that in the event of any substantive conflict between the ordinances the stricter
39 provisions shall apply.
40
41 102.0 AUTHORIZATION. This Ordinance is enacted pursuant to the authorization of the
42 Municipal Water District Law of 1911,California Water Code Section 71000 et seq.,California
43 Government Code Section 6500 et seq.,the Clean Water Act(33 U.S.C. 1251 et seq.)and the
44 General Pretreatment Regulations (40 C.F.R. 403).
45
46
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1 103.0 DEFINITIONS.Unless otherwise defined herein,terms pertaining to water quality shall
2 be as adopted in the latest edition of Standard Methods for the Examination of Water and
3 Wastewater published by the American Public Health Association,the American Water Works
4 Association, and the Water Environment Federation. Unless otherwise defined herein,terns
5 pertaining to construction and building shall be defined as being the same as set forth in the
6 International Conference of Building Officials Uniform Building Code,current edition.Unless
7 the context specifically indicates otherwise or as previously indicated,the meaning ofthe terms
8 used in this Ordinance shall be as follows:
9
10 A. Analytical Methods shall mean the sample analysis techniques prescribed in 40
11 CFR Part 136 and amendments thereto unless otherwise specified in an applicable categorical
12 Pretreatment Standard.If 40 CFR Part 136 does not contain sampling or analytical techniques
13 for the pollutant in question,or where the EPA determines that Part 136 sampling and analytical
14 techniques are inappropriate for the pollutant in question, sampling and analysis shall be
15 performed using validated analytical methods or any other applicable sampling and analytical
16 procedures approved by SAWPA,including procedures suggested by SAWPA or other parties
17 as approved by the EPA.
18
19 B. Authorized Representative shall mean:
20
21 a. A responsible corporate official, if the User submitting the required
22 documents is a corporation, of the level of president, secretary, treasurer, or vice
23 president in charge of a principal business function, or any other Person who
24 performs similar policy or decision making functions for the corporation; or the
25 manager of one or more manufacturing,production,or operating facilities,provided
26 the manager is authorized to make management decisions that govern the operation
27 of the regulated facility including having the explicit or implicit duty of making
28 major capital investment recommendations, and initiating and directing other
29 comprehensive measures to assure long-term environmental compliance with
30 environmental laws and regulations, and ensuring that the necessary systems are
31 established or actions taken to gather complete and accurate information for
32 Wastewater Discharge Permit requirements;and where authorityto sign documents
33 has been assigned or delegated to the manager in accordance with corporate
34 procedures; or
35
36 b. A general partner or proprietor if the User submitting the required documents
37 is a partnership or sole proprietorship respectively; or
38
39 c. A director or highest official appointed or designated to oversee the
40 operation and performance of the activities of the facility, or their designee, if the
41 User is a Federal, State, or local governmental facility.
42
43 d. A duly authorized representative of the individual designated in subsection
44 (a) and(b), if;
45
46 1. The authorization is made in writing by the individual designated in
-8-
1 subsection(a), (b)and (c); and
2
3 2. The authorization specifies either an individual or a position having
4 responsibility for the overall operation of the facility from which the industrial
5 discharge originates, such as the position of plant manager, or a position of
6 equivalent responsibility, or having overall responsibility for environmental
7 matters for the company; and
8
9 3. The written authorization is submitted to the General Manager of
10 SAWPA.
11
12 e. If an authorization under paragraph (a) and (b) of this section is no longer
13 accurate because a different individual or position has responsibility for the overall
14 operation of the facility,or overall responsibility for environmental matters for the
15 company,a new authorization satisfying the requirements ofpamgraph(a)and(b)of
16 this section must be submitted to the General Manager prior to or together with any
17 reports to be signed by an authorized representative.
18
19 C. Batch Discharge shall mean any SAWPA approved intermittent discharge of
20 pollutants from sources such as,but not limited to,process tanks,holding tanks,rinse tanks,or
21 treatment systems.
22
23 D. Best Management Practices (BMPs) shall mean schedules of activities,
24 prohibitions of practices, maintenance procedures, and other management practices to
25 implement the prohibitions listed in 40 CFR 403.5(a)(1)and(b). BMPs also include treatment
26 requirements,operating procedures and practices to control plant site run-off,spillage or leaks,
27 sludge or waste disposal, or drainage from raw material storage.
28
29 E. Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen,
30 expressed in mgll. required to biologically oxidize material in a waste or wastewater sample
31 measured under approved laboratory methods of five(5)days at twenty degrees Celsius(20 Q.
32
33 F. Bypass shall mean the intentional diversion of wastestreams from anypoint of a
34 User's pretreatment facility.
35
36 G. Business Day shall mean a SAWPA scheduled business day.
37
38 H. Capacity Unit shall equal 10,000 gallons per day of discharge right.
39
40 I. Categorical Industrial User shall mean an Industrial User subject to a
41 categorical Pretreatment Standard or categorical Standard which is a regulation containing
42 pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b)and(c)
43 of the Clean Water Act (33 U.S.C.4317) that apply to a specific category of users and that
44 appear in 40 CFR Chapter I, Subchapter N,Parts 405-471.
45
_g_
I J. Chemical Oxygen Demand (COD) shall mean the quantity of oxygen,
2 expressed in mg1l, required to chemically oxidize material in a waste or wastewater sample,
3 under specific conditions of an oxidizing agent, temperature, and time. COD results are not
4 necessarily related to BOD results.
5
6 K. City Collection System Not used.
7
8 L. Class I User Not used.
9
10 M. Class II User Not used.
11
12 N. Class III User Not Used.
13
14 O. Class IV User Not used.
15
16 P. Class V User Not used.
17
18 Q. Code of Federal Regulations(CFR)shall mean the codification of the general
19 and permanent rules published in the Federal Register by the executive departments and
20 agencies of the Federal Government.
21
22 R. Collection Stations shall mean brine wastewater disposal stations operated by
23 the SAWPA Member Agencies or Contract Agencies for disposal of trucked waste.
24
25 S. Collection System shall mean all wastewater conveyance systems owned and
26 maintained by SAWPA or a Member Agency or a Contract Agency for purposes of conveying
27 wastewater to OCSD's POTW for treatment and excludes sewer service lateral connections.
28
29 T. Combined Wastestream Formula shall mean the formula, as outlined in the
30 General Pretreatment Regulations of the Clean Water Act, 40 CFR 403.6(e), for determining
31 wastewater discharge limitations for Categorical Industrial Users and Significant Industrial
32 Users whose effluent is a mixture of regulated,unregulated,and dilution wastewater as defined
33 in the formula.
34
35 U. Commission shall mean the governing body of SAWPA as defined by the Joint
36 Exercise of Powers Agreement establishing SAWPA.
37
38 V. Compliance Schedule shall mean a time schedule enforceable under this
39 Ordinance containing increments of progress called milestones,which are in the form of dates.
40 These milestones shall be for the commencement and/or completion of major events leading to
41 the construction and operation of additional pretreatment facilities or the implementation of
42 policies,procedures or operational management techniques required for the User to complywith
43 all applicable federal,state or local environmental regulations which may directly or indirectly
44 affect the quality of the User's wastewater effluent.
45
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I W. Composite Sample shall mean a series of grab samples of equal volume taken at
2 a predetermined time or flow rate for a predetermined period of time which are combined into
3 one sample.
4
5 X. Contract Agency shall mean either, Jumpa Community Services District, or
6 Yucaipa Valley Water District, or San Bernardino Municipal Water Department, or any other
7 public agency that subsequently enters into a multijurisdictional pretreatment agreement with
8 SAWPA defining the roles and responsibilities to conduct the Pretreatment Program orportions
9 of the Pretreatment Program within their jurisdictions.
10
11 Y. Control Authority as defined by 40 CFR 403.3(f)is the POTW if the POTW's
12 submission for its Pretreatment Program(40 CFR 403.3)has been approved in accordance with
13 requirements for 40 CFR 403.11. All references in this Ordinance to Control Authority are
14 referring to OCSD.
15
16 Z. Conventional Pollutants shall be defined as BOD,COD,total suspended solids,
17 pH, fecal coliform, oil and grease,total nitrogen and such additional pollutants as are now or
18 may be in the future specified and controlled in OCSD's NPDES permit for its POTW where
19 said POTW has been designed and used to reduce or remove such pollutants.
20
21 AA. Cooling Water shall mean all water used solely for the purpose of cooling a
22 manufacturing process, equipment, or product.
23
24 BB. Cyanide (Amenable) shall mean those cyanides that are amenable to
25 chlorination as described in 40 CFR 136.3.
26
27 CC. Day shall mean a calendar day.
28
29 DD. Dilution shall mean the increase in use of process water,potable water or any
30 other means to dilute a discharge as a partial or complete substitute for adequate treatment to
31 achieve discharge requirements.
32
33 EE. Direct Discharger or User shall mean facilities which are directly connected to
34 the Brine Line by a pipeline.
35
36 FF. Discharge Right shall mean the volume of wastewater capacity purchased by a
37 User for use with the Brine Line and tributaries thereto.
38
39 OO. District Collection System shall mean all pipes,sewers and conveyance systems
40 conveying wastewater to the Brine Line and tributaries thereto that are owned and maintained by
41 a community services district, special district,or water district,excluding sewer service lateral
42 line connections.
43
44 HH. Domestic Wastewater shall mean wastewater,including domestic septic system
45 waste, from private residences and wastewater from other premises resulting from the use of
-11-
I water for personal washing,sanitary purposes or the discharge of human excrement and related
2 matter.
3
4 II. Effluent shall mean treated wastewater flowing from treatment facilities, the
5 OCSD's POTW, or a User's pretreatment equipment.
6
7 JJ. EPA shall mean the United States Environmental Protection Agency.
8
9 KK. Federal Categorical Pretreatment Standard shall mean the National
10 Pretreatment Standards, established by the EPA, specifying quantities or concentrations of
11 pollutants or pollutant properties which may be discharged or introduced into the Brine Line or
12 tributaries thereto by existing or new Industrial Users in specific industrial categories
13 established as separate regulations under the appropriate subpart of 40 CFR Chapter I,
14 Subchapter N, as it exists and as it may be amended.
15
16 LL. Flow Monitoring Facilities shall mean equipment and structures approved by
17 SAWPA and provided at the User's expense to measure and/or record the incoming water to the
18 User's facility or the wastewater discharged to the Brine Line sewer or tributaries thereto.
19
20 MM. General Manager shall mean SAWPA's General Manager or duly authorized
21 representative designated in writing.
22
23 NN. Generator-see Indirect Discharger.
24
25 00. Good Faith shall mean the User's prompt and vigorous pollution control
26 measures undertaken to show that extraordinary efforts (not a"business-as-usual" approach)
27 have been made to achieve compliance.
28
29 PP. Grab Sample shall mean an individual sample collected from a wastestream
30 without regard to the flow in the wastestream over a period of time not exceeding fifteen
31 minutes.
32
33 QQ. Gravity Separation Interceptor shall mean an approved detention chamber
34 designed to remove floatable and settleable material from industrial wastewater prior to
35 discharge into the Brine Line.
36
37 RR. Hazardous Substance shall mean any substance capable of creating imminent
38 endangerment to health or the environment including, but not limited to, any substance
39 designated under 40 CFR Section 310.11(d) or any hazardous chemical substance subject to
40 regulation under the Toxic Substances Control Act, 15 USCA,Section 2601,et seq.By way of
41 example,this includes substances which are toxic,explosive,corrosive,flammable or irritants,
42 or which generate pressure through heat or decomposition,e.g.,heavymetals,pesticides,strong
43 acids or bases, distillate fuels, oxidants, among other things.
44
45
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I SS. Heating Water shall mean all water used solely for the heating of a
2 manufacturing process, equipment, or product.
3
4 TT. Indirect Discharger, User or Generator shall mean a user that contracts a
5 truck,tanker,or vacuum truck service or other similar means to bring wastewater for disposal to
6 the Brine Line or tributaries thereto from a User that has no direct connection to the Brine Line
7 or tributaries thereto.
8
9 UU. Industrial User shall mean all Persons, entities, public or private, industrial,
10 commercial,governmental,or institutional that discharge or cause to be discharged,wastewater
11 into the Brine Line or tributaries thereto or any other sewer system owned and operated by
12 SAWPA.
13
14 W. Industrial Wastewater shall mean all non-domestic,including all wastewater
15 from any producing, manufacturing, processing, institutional, governmental, commercial,
16 service, agricultural or other operation.
17
18 W W. Infectious Waste shall mean all wastes which are likely to transmit etiologic
19 agents which normally cause,or significantly contribute to the cause of,increased morbidity or
20 mortality of human beings.
21
22 XX. Inland Empire Brine Line or Brine Line shall mean all wastewater conveyance
23 systems owned and maintained by SAWPA, excluding sewer service lateral line connections
24 owned and operated by others.
25
26 YY. Inspector shall mean a person authorized by the General Manager to inspect any
27 User discharging or anticipating discharging wastewater into conveyance, processing, or
28 disposal facilities to the Brine Line or tributaries thereto.
29
30 ZZ. Interference shall mean a discharge which, alone or in conjunction with a
31 discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its
32 treatment processes or operations,or its sludge processes,use or disposal;and(2)therefore is a
33 cause of a violation of any requirement of the POTW's NPDES permit(including an increase in
34 the magnitude or duration of a violation)or of the prevention of sewage sludge use or disposal
35 in compliance with the statutory provisions and regulations or permits issued thereunder(or
36 more stringent State or local regulations): Section 405 of the Clean Water Act,the Solid Waste
37 Disposal Act (SWDA) (including title 11, more commonly referred to as the Resource
38 Conservation and Recovery Act(RCRA),and including State regulations contained in any State
39 sludge management plan prepared pursuant to subtitle D of the S WDA),the Clean Air Act,the
40 Toxic Substances Control Act,and the Marine Protection, Research and Sanctuaries Act.
41
42 AAA. Liquid Waste Hauler shall mean any Person or firm engaged in the truck
43 hauling of liquid waste from a User, excluding domestic waste, for disposal at a designated
44 Brine Line Collection Station.
45
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I BBB. Local Limits shall mean specific prohibitions or pollutant limitations or
2 pollutant parameters that are developed by OCSD, SAWPA, Member Agencies or Contract
3 Agencies in accordance with 40 CFR 403.5(c)to implement the general and specific discharge
4 prohibitions listed in 40 CFR 403.5(a)(1) and(b).
5
6 CCC. Lower Explosive Limit (LEL) shall mean the minimum concentration of a
7 combustible gas or vapor in the air that will ignite if an ignition source is present.
8
9 DDD. Mass Emission Rate shall mean the weight ofpollutants discharged to the Brine
10 Line or tributaries thereto during a given period of time from a User.
11
12 EEE. May means permissive.
13
14 FFF. Member Agency shall mean either, Eastern Municipal Water District, Inland
15 Empire Utilities Agency, San Bernardino Valley Municipal Water District, or Western
16 Municipal Water District of Riverside County, or any other public agency that subsequently
17 becomes a member of SAWPA and enters into a multijurisdictional pretreatment agreement
18 with SAWPA defining the roles and responsibilities to conduct the Pretreatment Program or
19 portions of the Pretreatment Program within their jurisdictions.
20
21 GOO. mg/L shall mean milligrams per liter.
22
23 HHH. Milestone shall mean increments of progress in the form of dates,not to exceed
24 nine months,and are used in compliance schedules.Milestones shall be for the commencement
25 and/or completion of major events leading to the construction and operation of additional
26 pretreatment facilities or the implementation ofpolicies,procedures or operational management
27 techniques required for the User to comply with all applicable federal, state or local
28 environmental regulations which may directly or indirectly affect the quality of the User's
29 wastewater effluent.
30
31 III. Monitoring/Production Information Order (MPIO) shall mean an
32 Administrative Order requiring an Industrial User to determine the mass emission or
33 concentration of pollutants or other conditions specified in the Industrial User's permit in their
34 industrial wastewater discharge for all days within a fourteen(14)consecutive day period that
35 industrial wastewater is discharged to the Brine Line and submit production data for that period.
36
37 JJL Monthly Average shall mean the average of dailymeasurements over a calendar
38 month as calculated by adding all the daily measurements taken during the calendar month and
39 dividing that sum by the sum of the number of daily measurements taken in the month.
40
41 KKK. NAICS shall mean the North American Industry Classification System published
42 by the Executive Office of the President of the United States, Office of Management and
43 Budget.
44
45
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I LLL. National Pretreatment Standard shall mean any regulation containing pollutant
2 discharge limits promulgated by the EPA in accordance with section 307(b)and(c)of the Clean
3 Water Act, which applies to Industrial Users. This term includes prohibitive discharge limits
4 established pursuant to 40 CFR Part 403.5.
5
6 MMM. New Source shall mean any building, structure, facility, or installation from
7 which there is or maybe a discharge of pollutants,the construction of which commenced after
8 the publication of proposed Pretreatment Standards under Section 307(c)of the Federal Clean
9 Water Act which will be applicable to such source if such Standards are thereafter promulgated
10 in accordance with that Section,provided that:
11
12 1. The building,structure,facility or installation is constructed at a site at which no
13 other source is located; or
14
15 2. The building, structure, facility or installation totally replaces the process or
16 production equipment that causes the discharge of pollutants at an existing source; or
17
18 3. The production or wastewater generating processes of the building, structure,
19 facility or installation are substantially independent of an existing source at the same
20 site. In determining whether these are substantially independent, factors such as the
21 extent to which the new facility is integrated with the existing plant and the extent to
22 which the new facility is engaged in the same general type of activity as the existing
23 source maybe considered.
24
25 Construction on a site at which an Existing Source is located results in a modification rather
26 than a New Source if the construction does not create a new building, structure, facility, or
27 installation meeting the criteria of Section(2)or(3)above but otherwise alters,replaces,or adds
28 to existing process or production equipment.
29
30 Construction of a New Source as defined under this paragraph has commenced if the owner or
31 operator has:
32 (a)Began,or caused to begin,as part of a continuous onsite construction
33 program(1)any placement,assembly,or installation of facilities or equipment;
34 or (2) significant site preparation work including clearing, excavation, or
35 removal of existing buildings,structures,or facilities which is necessary for the
36 placement, assembly, or installation of new source facilities or equipment; or
37
38 (b) Entered into a binding contractual obligation for the purchase of
39 facilities or equipment which are intended to be used in its operation within a
40 reasonable time. Options to purchase or contracts which can be terminated or
41 modified without substantial loss,and contracts for feasibility,engineering,and
42 design studies do not constitute a contractual obligation under this paragraph.
43
44 NNN. OCSD shall mean the Orange County Sanitation District which is the Control
45 Authority for the Brine Line.
46
-15-
1 000. Oil and Grease shall mean any of the following in part or in combination:
2
3 1. Petroleum derived products (e.g., oils, fuels, lubricants, solvents, cutting oils,
4 mineral oils);
5
6 2. Vegetable derived products (e.g., oils, shortenings, water soluble cutting oils);
7
8 3. Animal derived products (e.g., fats, greases, oils, lard).
9
10 PPP. Pass Through shall mean any discharge which exits OCSD's POTW into waters
11 of the United States in quantities or concentrations which, alone or in conjunction with a
12 discharge or discharges from other sources, causes a violation of any requirement of the
13 OCSD's NPDES permit, including an increase in the magnitude or duration of a violation.
14
15 QQQ. Permittee shall mean any User who has received a Wastewater Discharge Permit
16 to discharge wastewater into the Brine Line or tributaries thereto.
17
18 RRR. Person shall mean any individual,firm,company,association,society,general or
19 limited partnership,limited liability company,trust,corporation,governmental agency or group,
20 and includes the plural or the singular.
21
22 SSS. Pollutant shall mean conventional pollutants,domestic wastewater,hazardous
23 substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue,
24 filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
25 materials, radioactive materials, medical waste, heat, wrecked or discarded equipment, rock,
26 sand, cellar dirt and industrial, municipal, and agricultural and industrial wastes, and certain
27 characteristics of wastewater(e.g.pH,temperature,TSS,turbidity,color,BOD,COD,toxicity,
28 or odor).
29
30 TTT. POTW shall mean a Publicly Owned Treatment Works. This definition
31 includes all devices,equipment,pipes,and systems used in the transmission,storage,treatment,
32 recycling and reclamation of municipal sewage,biosolids, or industrial wastewater.
33
34 UUU. Pretreatment shall mean the reduction of the amount of pollutants, the
35 elimination ofpollutants,or the alteration of the nature of the pollutant properties in wastewater
36 prior to,or in lieu of,discharging such pollutants into the Brine Line or tributaries thereto. The
37 reduction or alteration may be obtained by physical,chemical or biological processes,process
38 changes or by any other means, except dilution.
39
40 V V V. Pretreatment Facility shall mean anyworks or devices for the treatment or flow
41 limitation of wastewater prior to discharge to the Brine Line or tributaries thereto.
42
43 W W W. Pretreatment Requirements shall mean any substantive or procedural
44 requirement related to pretreatment, other than a National Pretreatment Standard, imposed
45 on an Industrial User.
-16-
I XXX. Pretreatment Waste shall mean all waste, liquid or solid, removed from a
2 wastestream or wastewater discharge by physical, chemical,or biological means.
3
4 YYY. Public Agency shall mean the State of California and any city,county, special
5 district, or other public agency within the State of California.
6
7 ZZZ. Qualified Professional shall mean any person who by virtue of education,
8 training,or experience is qualified to evaluate and assess pollutant discharges and violations of
9 this Ordinance.
10
11 AAAA. RCRA shall mean the Resource Conservation and Recovery Act (42 U.S.C.
12 6901, et seq.) and its regulations 40 CFR Parts 260-266 and 270 and as amended.
13
14 BBBB. Reclaimable Wastewater shall mean domestic wastewater, industrial
15 wastewater or other wastewater containing total dissolved solid levels below the local POTW
16 discharge limitation that renders it suitable for discharge and reclamation.
17
18 CCCC. Regulatory Agencies shall mean those agencies having jurisdiction over the
19 operation of SAWPA and/or OCSD including,but not limited to:
20
21 1. United States Environmental Agency, Region DC, San Francisco, CA and
22 Washington,D.C. (EPA);
23
24 2. California State Water Resources Control Board("State Board");
25
26 3. California Regional Water Quality Control Board,Santa Ana Region(`Regional
27 Board");
28
29 4. South Coast Air Quality Management District(SCAQMD);
30
31 5. California Environmental Protection Agency(CaIEPA); and
32
33 6. California Department of Public Health(DPH).
34
35 DODD. Sampling Facilities shall mean structure(s)and equipment approved by SAWPA
36 and provided at the User's expense for SAWPA or the User to measure and record wastewater
37 pollutant levels, collect representative wastewater samples, and/or provide direct access to
38 terminate the wastewater discharge.
39
40 EEEE. Sanitary Sewer Overflow (SSO) shall mean any overflow, spill, release,
41 discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system.
42 SSOs include:
43
44 1. Overflows or releases of untreated or partially treated wastewater that reaches
45 waters of the United States;
-17-
1 2. Overflows or releases of untreated or partially treated wastewater that do not
2 reach waters of the United States; and
3
4 3. Wastewater backups into buildings and on private property that are caused by
5 blockages or flow conditions within the publicly owned portion of the sanitary sewer
6 system.
7
8 FFFF. Sanitary Waste shall mean domestic wastewater.
9
10 GGGG. SARI shall mean the Santa Ana Regional Interceptor.
11
12 HHHH. SARI System - see Inland Empire Brine Line.
13
14 HR. SAWPA shall mean the Santa Ana Watershed Project Authority and/or any
15 Member Agency and/or any Contract Agency as applicable to effectively implement this
16 Ordinance.
17
18 JJJJ. SAWPA Inland Empire Brine Line Service Area shall mean the total area
19 within the jurisdictional boundaries ofSAWPA's Member Agencies,excluding anyarea within
20 the County of Orange.
21
22 KKKK. Self-monitoring shall mean wastewater samples taken by a User or the User's
23 contracted laboratory,consultant, engineer, or similar entity.
24
25 LLLL. Service Lateral Line shall mean the wastewater collection pipe extending from
26 premises where the wastewater is generated up to and including the connection to the Brine Line
27 or tributaries thereto.
28
29 MMMM. Sewer System Management Plan(SSMP)shall mean an approved plan adopted
30 by SAWPA to control and reduce the occurrence and impact of sanitary sewer overflows.
31
32 NNNN. Shall means mandatory.
33
34 0000. Significant Industrial User(SM shall mean:
35
36 1. All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR
37 403.6 and 40 CFR Chapter I, Subchapter N.
38
39 2. Any User that:
40
41 a. Discharges Industrial Wastewater at an average rate of at least 25,000 gallons
42 per day(gpd)to the Brine Line or tributaries thereto(excluding sanitary,noncontact
43 cooling and boiler blowdown wastewater);
44
45 b. Contributes a process wastestream that makes up 5 percent or more of the
-18-
1 average dry weather hydraulic or organic capacity of OCSD's POTW; or
2
3 c. Is designated as an SIU by the General Manager on the basis that the User
4 has a reasonable potential for adversely affecting the Brine Line or tributaries thereto
5 or OCSD's POTWs or for violating any pretreatment standard or requirement.
6
7 PPPP. Significant Noncompliance(SNC)shall mean any compliance violations that
8 meet one or more of the following criteria:
9
10 1. Chronic violations of wastewater discharge limits, defined here as those in
11 which sixty-six percent(66%) or more of all of the measurements taken for the same
12 pollutant during a six-month period exceed(by any magnitude)a numeric Pretreatment
13 Standard or Requirement including instantaneous limits,as defined by40 CFR 403.3(I);
14
15 2. Technical review criteria(TRC)violations are defined as those in which thirty-
16 three (33%)percent or more of all of the measurements taken for the same pollutant
17 during a six-month period equal or exceed the product of the numeric Pretreatment
18 Standard or Requirement including instantaneous limits,as defined by40 CFR 403.3(1)
19 multiplied by the applicable TRC(TRC=1.4 for BOD,TSS,fats,oil and grease,and 1.2
20 for all other pollutants except pH);
21
22 3. Any other violation of Pretreatment Standard or Requirement as defined by40
23 CFR 403.3(1) (daily maximum, long term average, instantaneous limit, or narrative
24 standard) that the POTW determines has caused, alone or in combination with other
25 discharges,Interference or Pass Through(including endangering the health of POTW or
26 SAWPA personnel or the general public);
27
28 4. Any discharge of a pollutant that has caused imminent endangerment to human
29 health or welfare or to the environment or has resulted in POTW's or SAWPA's
30 exercise of emergency authority to halt or prevent such a discharge;
31
32 5. Failure to meet,within ninety(90)days after the scheduled date,a compliance
33 schedule milestone contained in a local control mechanism or enforcement order, for
34 starting construction, completing construction, or attaining final compliance;
35
36 6. Failure to provide, within forty-five (45) days of the due date, any required
37 reports such as baseline monitoring reports, 90-day compliance reports, periodic self-
38 monitoring reports, and reports on compliance with compliance schedules;
39
40 7. Failure to accurately report non-compliance; or
41
42 8. Any other violations or group of violations, which may include a violation of
43 Best Management Practices, which the POTW or SAWPA determines will adversely
44 affect the operation and implementation of SAWPA's Pretreatment Program or the
45 Brine Line or tributaries thereto.
46
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I QQQQ. Single Pass Cooling Water shall mean water that is used solely for the purpose
2 of cooling and is used only once before being discharged.
3
4 RRRR. Single Pass Heating Water shall mean water that is used solely for the purpose
5 of heating and is used only once before being discharged.
6
7 SSSS. Slug Discharge shall mean any discharge of a non-routine, episodic nature,
8 including but not limited to an accidental spill or a non-customary batch discharge of
9 wastewater,material or waste with such a high volume or pollutant concentration which has the
10 potential to cause damage,Interference,or Pass Through in the Brine Line or tributaries thereto,
11 OCSD's POTW, or in any other way violates the POTW's regulations,Local Limits or Permit
12 conditions.
13
14 TTTT. Special Purpose Discharge shall mean a wastewater discharge to the Brine Line
15 or tributaries thereto requiring a Wastewater Discharge Permit which has origins from
16 unpolluted water,storm water runoff,groundwater,treated groundwater,subsurface drainage or
17 other similar sources of wastewater.
18
19 UUUU. Stormwater shall mean water or wastewater generated when precipitation from
20 rain and snowmelt events flows or accumulates over land or impervious surfaces and does not
21 percolate into the ground.
22
23 V V V V. Temporary User shall mean any User who is granted temporary permission by
24 the General Manager to discharge wastewater to the Brine Line or tributaries thereto and
25 controlled by a Wastewater Discharge Permit.
26
27 W W W W. Total Dissolved Solids(TDS) shall mean the total amount of all inorganic and
28 organic substances dispersed within a volume of water or wastewater that Pass Through a
29 laboratory filter and dried to a specified temperature in accordance with approved laboratory
30 methods.
31
32 XXXX. Total Suspended Solids or Suspended Solids shall mean the total amount of
33 matter on the surface of, or suspended in, water, wastewater, or other liquid, and that is
34 removable by laboratory filtering in accordance with approved laboratory methods.
35
36 YYYY. Total Toxic Organics(TTO)shall mean the sum of all quantifiable compounds
37 with values greater than 0.01 mg/L as described in a separate SAWPA Local Limits Resolution.
38 For specific Federal Categorical Pretreatment Standards,TTO is defined, including the list of
39 regulated toxic organic compounds,by 40 CFR and in the User's Wastewater Discharge Permit.
40
41 ZZZZ. Unpolluted Water shall mean water to which no pollutant has been added either
42 intentionally or accidentally.
43
44 AAAAA. Upset shall mean an exceptional incident which causes temporary and
45 unintentional non-compliance with the discharge limitations or prohibitions applicable to a User
-20-
I or OCSD's POTW and which is beyond the reasonable control of User or OCSD's POTW and
2 as more fully set forth in OCSD's NPDES permit,40 CFR Part 403.16,and California Water
3 Code, Section 13385.
4
5 BBBBB. User shall mean any Member Agency,Contract Agency,Person or entity,public
6 or private,residential,industrial,commercial,governmental,institutional,or liquid waste hauler
7 that discharges or causes to be discharged,wastewater into the Brine Line or tributaries thereto.
8
9 CCCCC. Waste shall mean any discarded solid, semi-solid, liquid, or gaseous material.
10
11 DDDDD. Wastestream shall mean individually identifiable sources of waste that
12 contribute to a User's wastewater discharge.
13
14 EEEEE. Wastewater shall mean the used water and water carried waste from a User that
15 is discharged to a sewer.
16
17 FFFFF. Wastewater Discharge Contract shall mean a written contract between
18 SAWPA and a Member Agency or between a Member Agency or a Contract Agency and a
19 potential User for the purpose of conveying a defined wastewater discharge capacity right to use
20 the Brine Line or tributaries thereto.
21
22 GGGGG. Wastewater Discharge Permit shall mean the permit issued and enforced by the
23 General Manager or designee permitting and regulating the discharge of wastewater into the
24 Brine Line and tributaries thereto.
25
26 104.0 ADMINISTRATION.
27
28 A. Adoption of Interpretive Rules.SAWPA's Commission may adopt interpretive
29 rules or resolutions consistent with the provisions of this Ordinance for the administration of the
30 Brine Line. Interpretive rules by SAWPA's Commission pertain to,but shall not be limited to,
31 discharge limitations,Pretreatment Requirements,standards for wastewater lines and services
32 and implementation of standards promulgated pursuant to the Federal Water Pollution Control
33 Act as amended by the Clean Water Act.
34
35 B. General Powers of the General Manager. Except as otherwise provided
36 herein, the General Manager shall administer, implement and enforce the provisions of this
37 Ordinance. Any powers granted or duties imposed upon the General Manager maybe delegated
38 by the General Manager to persons acting in the beneficial interest or employ of SAWPA,but
39 shall remain the responsibility of the General Manager. In addition to the authority to prevent or
40 eliminate discharges through enforcement of discharge limitations and prohibitions,the General
41 Manager shall have the following powers:
42
43 1. Endangerment to the community, environment, Brine Line or OCSD's
44 POTW. The General Manager,after notice to the affected User,may immediately halt
45 or prevent any discharge of pollutants into the Brine Line or tributaries thereto,by any
-21-
1 means available, including physical disconnection from the Brine Line or tributaries
2 thereto,whenever the wastewater discharge may endanger the health or welfare of the
3 community,the environment, or threatens to damage or interfere with the operation of
4 the Brine Line or tributaries thereto or OCSD's POTW. Such discharges maybe halted
5 or prevented without regard to the compliance by the User with other provisions of this
6 Ordinance.
7
8 C. Specific Powers of the General Manager. If wastewater is discharged or
9 proposed to be discharged into the Brine Line or tributaries thereto in violation of this
10 Ordinance,any Wastewater Discharge Permit or any other order,the General Manager maytake
11 any action necessary to:
12
13 1. Prohibit the discharge of such wastewater;
14
15 2. Require a User to demonstrate that in-plant modifications will reduce or
16 eliminate the pollutant or substance so that the discharge will not violate this Ordinance;
17
18 3. Require treatment,including storage facilities or flow equalization necessary to
19 reduce or eliminate the pollutants or substance so that the discharge will not violate this
20 Ordinance;
21
22 4. Require the User making,causing or allowing the discharge to pay any required
23 industrial user permit fees,inspection fees,surcharges,fines,penalties,damages,legal
24 expenses, attomey's fees and any other cost or expense incurred by SAWPA for
25 handling, treating or disposing of excess pollutant loads imposed on OCSD's POTW,
26 and/or associated with alleged or actual violations of OCSD's NPDES permit attributed
27 to the User's discharge;
28
29 5. Require timely and factually complete reports from the User responsible for such
30 discharge; and
31
32 6. Require such other or further remedial action as maybe deemed to be desirable
33 or necessary to achieve the purposes of this Ordinance.
34
35 105.0 NOTICE. Unless otherwise provided herein,anynotice required of the General Manager
36 under this Ordinance shall be in writing.
37
38 106.0 CONFIDENTIALITY. All User information and data obtained from reports, surveys,
39 inspections,wastewater discharge applications,Wastewater Discharge Permits,and monitoring
40 programs shall be available to the public and governmental agencies without restriction unless
41 the User specifically requests in advance and is able to demonstrate to the satisfaction of
42 SAWPA that the release of such information would divulge information,processes,or methods
43 of production entitled to protection as trade secrets under California state law. The
44 demonstration of the need for confidentiality made by the User must meet the burden necessary
45 for withholding such information from the public under applicable state and federal laws.
46 Information and data concerning or relating to wastewater quality and quantity shall not be
_22_
I considered confidential. All sample data obtained either by the User or SAWPA shall not be
2 considered confidential. Confidential information shall be made available, upon request, to
3 governmental agencies for enforcement or-judicial proposes related to this Ordinance,OCSD's
4 NPDES Permit or the Pretreatment Program,and as required by state or federal law.
5
6 107.0 TIME LIMITS. Any time limit or deadline provided in any written notice or any
7 provision of this Ordinance may be extended only by a written extension by the General
8 Manager and only upon a showing of good cause by the User.
9
-23-
I ARTICLE 2
2 GENERAL PROHIBITIONS AND LIMITATIONS
3 ON DISCHARGES
4
5 201.0 PROHIBITED WASTE DISCHARGES. Except as hereinafter provided,no Person or
6 User shall discharge or cause to be discharged into the Brine Line or tributaries thereto or any
7 opening, sump,tank,clarifier,piping or waste treatment system which drains or flows into the
8 Brine Line or tributaries thereto any of the following:
9
10 A. Any earth, sand, rocks, ashes, cinders, spent lime, stone, stone cutting dust,
11 gravel, plaster, diatomaceous earth, concrete, glass, metal filings, or metal or plastic objects,
12 garbage, grease, viscera, paunch manure, bones, hair, hides, or fleshings, whole blood, dead
13 animals,feathers, straw, shavings,grass clippings,rags, spent grains, spent hops,waste paper,
14 wood,plastic,tar,asphalt residues,residues from refining or processing fuel or lubrication oil
15 and similar substances,or solid, semi-solid or viscous material in quantities or volume which
16 will obstruct the flow of sewage in the Brine Line or tributaries thereto or any object which will
17 cause clogging of a sewer or sewage lift pump, or interferes with the normal operation of the
18 Brine Line or tributaries thereto or OCSD's POTW.
19
20 B. Any compound or material which will produce noxious odors in the Brine Line
21 or tributaries thereto or OCSD's POTW.
22
23 C. Any discharge resulting in toxic gases,vapors or fumes within the Brine Line or
24 tributaries thereto in a quantity that may cause acute health and safety problems for SAWPA
25 employees, contract employees,the public,and OCSD's POTW.
26
27 D. Any recognizable portions of human or animal anatomy.
28
29 E. Any solids, liquids,gases, devices, or explosives which by their very nature or
30 quantity are or may be,sufficient either alone or by interaction with other substances or sewage
31 to cause fire or explosion hazards,exceed 10%of the lower explosive limit(LEL)at the point of
32 discharge or in the collection system,or in any other way create imminent danger to SAWPA or
33 contract wastewater personnel,OCSD's POTW, the environment or public health.
34
35 F. Any wastewater or material with a closed cup flash point of less than 140 degrees
36 Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21.
37
38 G. Any overflow from a septic tank,cesspool or seepage pit,or any liquid or sludge
39 pumped from a cesspool, septic tank or seepage pit,except as may be permitted by the General
40 Manager.
41
42 H. Any discharge from the wastewater holding tanks of recreational vehicles,
43 trailers,buses and other vehicles, except as may be permitted by the General Manager.
44
45 I. Any quantity of wastewater flow in excess of permitted limits or purchased
46 capacity.
-24-
1 I. Any stormwater,groundwater,street drainage,subsurface drainage,yard drainage
2 or runoff from any field,roof,yard,driveway or street. The General Manager may approve,on a
3 temporary basis, the discharge of such water only when no reasonable alternative method of
4 discharge is available.
5
6 K. Any substance or heat in amounts which will inhibit biological activity in
7 OCSD's POTW resulting in Interference or which will cause the temperature of the sewage in
8 Brine Line or tributaries thereto to be higher than 140 degrees Fahrenheit. In no case shall any
9 substance or heat be discharged to the Brine Line or tributaries thereto which will raise OCSD's
10 POTW influent higher than 104 degrees Fahrenheit(40 degrees Celsius).
11
12 L. Any radioactive waste in excess of federal, state or county regulations.
13
14 M. Any pollutants,material or quantity of material which will cause:
15
16 1. Damage to any part of the Brine Line or tributaries thereto;
17
18 2. Abnormal maintenance of the Brine Line or tributaries thereto;
19
20 3. An increase in the operational costs of the Brine Line or tributaries thereto;
21
22 4. A nuisance or menace to public health;
23
24 5. Interference or Pass Through in OCSD's POTW, its treatment processes,
25 operations,biosolids processes,use or disposal. This applies to each User introducing
26 pollutants into the Brine Line or tributaries thereto whether or not the User is subject to
27 other national pretreatment standards or any national, State, or local pretreatment
28 requirements; or
29
30 6. A violation of the OCSD's NPDES permit, or any Federal, State, or local
31 regulatory requirement.
32
33 N. Any quantities ofherbicides,algaecides,or pesticides in excess of local limits or
34 national pretreatment standards.
35
36 O. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil
37 origin in excess of local limits or national pretreatment standards.
38
39 P. Any material or quantity of material(s),including but not limited to fats,oils and
40 grease (FOG), which will cause abnormal sulfide generation, obstruct flows within the
41 collection system, or contributes to or causes a sanitary sewer overflow.
42
43 Q. Any water or wastewater used to artificially raise the Industrial User's volume
44 and added for the purpose of diluting wastes which would otherwise exceed applicable
45 permitted discharge limitations.
46
47
-25-
1 R. Any wastewater having a corrosive property capable of causing damage to the
2 Brine Line or tributaries thereto, OCSD's POTW, equipment, or structures or presenting a
3 hazard to SAWPA or contract personnel. However,in no case shall wastewater be discharged
4 to the Brine Line or tributaries thereto or OCSD's POTW with a pH less than 6.0, or greater
5 than 12.0.
6
7 S. Any substance which will cause discoloration of OCSD's POTW influent which
8 results in a violation of OCSD's NPDES permit.
9
10 T. Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.),
11 released in a discharge at a flow rate and/or pollutant concentration which will cause
12 Interference with OCSD's POTW or SAWPA's Brine Line or tributaries thereto.
13
14 U. Pollutants which result in the presence of toxic gases, vapors, or fumes with
15 Brine Line or tributaries thereto or OCSD's POTW in a quantity that may cause acute worker
16 health and safety problems.
17
18 V. Any unpolluted water, including cooling water, hearing water, stormwater,
19 subsurface water, single pass cooling water, and single pass heating water. The General
20 Manager may approve, on a temporary basis, the discharge of such water only when no
21 reasonable alternative method of discharge is available. The User shall pay all applicable user
22 charges and fees. Stormwater discharges to the Brine Line are not authorized. The General
23 Manager may provide authorization for stormwater discharges that meet the following
24 conditions: a) the surface area that discharges stormwater is less than 150 square feet; or b)
25 there are operational controls in place to minimize discharges (i.e. valves/drains can be
26 closed/plugged).
27
28 W. Any substance which may cause OCSD's POTW effluent or any other product
29 such as residues, biosolids, or scums to be unsuitable for reclamation or reuse or which will
30 interfere with any of the reclamation processes. This includes any material which will cause the
31 biosolids at OCSD's POTW to violate applicable biosolids use or disposal regulations
32 developed under the Federal Clean Water Act, 33 USCA, Section 1251 et seq., or any
33 regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal
34 Act, 42 USCA, Section 6901, et seq.; Clean Air Act, 42 USCA, Section 7401, et seq.; Toxic
35 Substance Control Act, 15 USCA, Section 2601, et seq., or any other applicable State
36 Regulations.
37
38 X. Any hazardous substance which violates the objectives of the General Pretreatment
39 Regulations (40 CFR 403), this Ordinance, or any statute, rule, regulation or chapter of any
40 public agency having jurisdiction over said discharge.
41
42 Y. Any material, pollutants or wastewater in excess of the quantities and limitations
43 established by resolution.
44
45 Z. Any radiator fluid or coolant, cutting oil,water soluble cutting oil, or water based
46 solvent.
-26-
1 AA. Detergents,surface-active agents,or other substances that might cause excessive
2 foaming, as determined by the General Manager, that may cause or contribute to additional
3 treatment costs incurred by SAWPA or a violation of OCSD's NPDES permit, or cause or
4 contribute to Pass Through, Interference, or other known damages in the Brine Line and/or
5 OCSD'sPOTW.
6
7 BB. Any discharges of reclaimable wastewater to the Brine Line that originate in the
8 SAWPA Brine Line service area shall be minimized and may only be disposed to the Brine Line
9 as identified in the Wastewater Discharge Permit.
10
11 202.0 DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT. No User shall
12 increase the use of water,or in any other manner,attempt to dilute a wastewater discharge as a
13 partial or complete substitute for adequate treatment to achieve compliance with this Ordinance
14 and the User's Wastewater Discharge Permit, or to establish an artificially high flow rate for
15 permitted mass emission rates or permitted flow amounts.
16
17 203.0 LIMITATIONS ON GROUNDWATER SURFACE RUNOFF AND SUBSURFACE
18 DRAINAGE.
19
20 A. Groundwater, surface runoff water, or subsurface drainage shall not be
21 discharged into the Brine Line or tributaries thereto, except as provided herein. The General
22 Manager may approve the discharge of such water only as a part of water quality improvement
23 program approved by the General Manager and when no alternative method of disposal is
24 reasonably available and to mitigate an environmental risk or health hazard.
25
26 B. Special Propose Discharges(i.e.groundwater,surface runoff water,or subsurface
27 drainage)approved by the General Manager for discharge to the Brine Line or tributaries thereto
28 shall require a Wastewater Discharge Permit.
29
30 204.0 LIMITATIONS ON UNPOLLUTED WATER.
31
32 A. Unpolluted Water which may include single pass cooling water shall not be
33 discharged to the Brine Line or tributaries thereto, except as provide herein. The General
34 Manager may approve the discharge of such water only as a part of water quality improvement
35 program approved by the General Manager and when no reasonable alternative method of
36 disposal or reuse is available, or to mitigate an environmental risk or health hazard.
37
38 B. Unpolluted water approved for discharge to the Brine Line or tributaries thereto
39 shall require a Wastewater Discharge Permit from SAWPA.
40
41 205.0 LIMITATIONS ON DOMESTIC WASTEWATER AND SEPTAGE WASTE.
42
43 A. Domestic wastewater or septage waste from a private sewage disposal system
44 shall not be discharged to the Brine Line or tributaries thereto, except in specific cases
45 authorized by the General Manager. The General Manager may approve the discharge on a
46 temporary basis when no reasonable alternative method is available.
_27_
1 B. All approved temporary domestic wastewater or septage waste discharges to the
2 Brine Line or tributaries thereto shall require a Wastewater Discharge Permit from SAWPA.
3 The User granted the permit shall be responsible for all applicable charges and fees and shall
4 abide by all permit conditions.
5
6 206.0 LIMITATIONS ON POINT OF DISCHARGE. No Person or User shall discharge any
7 wastewater directly into a maintenance access structure,manhole or other opening in the Brine
8 Line or tributaries thereto other than through an approved building sewer connection, unless
9 written permission for the discharge has been granted by the General Manager. This prohibition
10 shall not apply to authorized SAWPA personnel,contract employees,or Member Agency and
11 Contract Agency employees involved with the maintenance, cleaning,repair, or inspection of
12 the Brine Line or tributaries thereto.
13
14 207.0 LIMITATIONS ON THE USE OF GRINDERS. Waste from industrial or commercial
15 grinders shall not be discharged to the Brine Line or tributaries thereto,except waste generated
16 in packing or preparing food or food products, but not food service establishments. Such
17 grinders shall shred the waste to a degree that all particles will be carried freely under normal
18 flow conditions prevailing in the Brine Line or tributaries thereto. Waste from food service
19 establishments operating a grinder is prohibited and shall not be discharged into the Brine Line
20 unless written authorization from the SAWPA General Manager is provided.
21
22 208.0 LIMITATIONS ON BIOCHEMICAL OXYGEN DEMAND(BOD). All wastewater
23 discharged to the Brine Line or tributaries thereto shall have a daily maximum and a monthly
24 average limit for BOD. All BOD discharges in excess of the established limitations shall be
25 subject to a surcharge fee and/or a noncompliance fee. These limitations, surcharge fees and
26 noncompliance fees shall be established by resolution by SAWPA's Commission.
27
28 209.0 LIMITATIONS ON INFECTIOUS WASTE DISPOSAL.
29
30 A. Those Users that generate liquid infectious waste not associated with those found
31 in domestic wastewater must obtain written permission from the General Manager prior to
32 disposal of the liquid infectious waste to the Brine Line or tributaries thereto. The User must
33 submit a written request to the General Manager that shall include:
34
35 1. The source and volume of the infectious waste;
36 2. The procedures and equipment used for waste disinfection; and
37 3. Employee training procedures.
38
39 B. If the General Manager determines that the waste would not be completely
40 disinfected,the General Manager shall issue a written denial to the User and state the reasons for
41 the denial.This denial shall be issued within thirty(30)days from receipt of the written request.
42
43 C. If the General Manager determines that complete disinfection of the waste can
44 be achieved prior to discharge of the waste to the collection system, then conditional written
_28_
1 approval may be granted by the General Manager for the disposal of the waste. Such written
2 letter of approval shall be sent to the User within thirty (30) days of receipt of the written
3 request.
4
5 D. If the User is granted permission for disposal,the User shall:
6
7 1. Completely disinfect the liquid waste prior to discharge to the Brine Line or
8 tributaries thereto as outlined in the approval letter;
9
10 2. Not dispose of solid infectious waste to the Brine Line or tributaries thereto,
11 including hypodermic needles,syringes,instruments,utensils or other paper and plastic
12 items of a disposable nature,or recognizable portions of the human or animal anatomy;
13 and
14 3. Permit the General Manager to conduct periodic inspections to verify that all
15 disinfection methods,procedures, and practices are being performed.
16
17 210.0 LIMITATIONS ON DISPOSAL OF WASTE SOLUTIONS AND SLUDGES. All
18 waste solutions,sludges,and materials in violation of the User's Wastewater Discharge Permit
19 limitations for discharge to the Brine Line or tributaries thereto,shall be disposed of in a legally
20 approved manner at a legally approved disposal site specific for the waste being disposed. All
21 disposed waste shall be properly manifested as to its origin, type, amount and disposal site in
22 compliance with all applicable laws and regulations.
23
24 211.0 SLUG DISCHARGES.
25
26 A. If the General Manager determines that a User has caused a slug discharge into
27 the Brine Line or tributaries thereto in quantities or concentrations and in a manner or method
28 not previously approved by the General Manager, then the User shall be liable for any non-
29 compliance monetary fee, fine or penalty as established by resolution by SAWPA's
30 Commission. If the User's slug discharge has resulted in damage to the Brine Line or tributaries
31 thereto or caused Interference or Pass Through at OCSD's POTW,then the User shall be liable
32 for all associated costs including, administrative costs and overhead, treatment, repairs,
33 regulatory fines, penalties, legal expenses, damages, and attorney's fees. All Wastewater
34 Discharge Permits issued to SIUs will contain slug control requirements in accordance with 40
35 CFR403.8(t)(1)(iii)(B)(6).
36
37 B. Upon finding that a User has caused a slug discharge into the Brine Line or
38 tributaries thereto, then the User shall submit a written report to the General Manager how the
39 slug discharge occurred and how it will be prevented in the future. This report shall be due
40 within five (5) days of notification to the User by the General Manager.
41
42 C. Repeated slug discharges by the User shall be grounds for permit revocation and
43 cessation of all wastewater discharges to the Brine Line or tributaries thereto.
44
45
-29-
I ARTICLE 3
2 WASTEWATER DISCHARGE CONTRACTS
3 USER CHARGES AND FEES
4
5 301.0 INTRODUCTION. To obtain the maximum benefit from the use of the Brine Line and
6 tributaries thereto, written authorizations from SAWPA to use the Brine Line or tributaries
7 thereto are required. These written authorizations shall be in the form of a Wastewater
8 Discharge Contract (applicable to Direct Dischargers) and a Wastewater Discharge Permit
9 (applicable to Direct and Indirect Dischargers).
10
11 302.0 WASTEWATER DISCHARGE CONTRACT BETWEEN SAWPA AND A
12 MEMBER AGENCY OR CONTRACT AGENCY. A written Wastewater Discharge
13 Contract,also known as a treatment and disposal agreement,is required between SAWPA and a
14 Member Agency or a Contract Agency wherein the Member Agency or the Contract Agency
15 purchases from SAWPA a right to discharge a specified amount of approved wastewater into the
16 Brine Line or tributaries thereto. The amount of this right will ordinarily be expressed in
17 `capacity units"or million gallons per day(MGD). The minimum capacity unit shall be 0.010
18 MGD. The Wastewater Discharge Contract shall include but not be limited to:
19
20 A. The amount of the discharge right to be purchased (Flow (MGD), BOD
21 (concentration and pounds), TSS (concentration and pounds);
22
23 B. The purchase price of the discharge right as established by SAWPA's
24 Commission;
25
26 C. A description of operation and maintenance costs,fixed fees and other costs to be
27 paid to SAWPA;
28
29 D. A provision that the Wastewater Discharge Contract shall conform with all
30 provisions of SAWPA ordinances and resolutions regulating the availability and use of the
31 Brine Line or tributaries thereto.
32
33 E. A description of the operational and regulatory reporting responsibilities as
34 required to comply with applicable State and local regulations including,but not limited to,the
35 Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.
36
37 The Wastewater Discharge Contract shall be in addition to a separate agreement(s)by which the
38 Member Agency or the Contract Agency obtained Pipeline Capacity rights.To discharge to the
39 Brine Line sufficient Pipeline Capacity rights and Treatment and Disposal Capacity rights are
40 required.
41
42
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1 303.0 WASTEWATER DISCHARGE CONTRACTS BETWEEN A MEMBER AGENCY
2 OR A CONTRACT AGENCY AND A USER OF THE BRINE LINE OR TRIBUTARIES
3 THERETO.
4
5 A. Any potential User of the Brine Line or tributaries thereto must first apply to the
6 Member Agency or the Contract Agency with jurisdictionfor a Wastewater Discharge Contract.
7 After review and acceptance of the potential User's application, the Member Agency or the
8 Contract Agency must enter into a Wastewater Discharge Contract with the potential User
9 before the User may discharge to the Brine Line or tributaries thereto. The Wastewater
10 Discharge Contract shall be in accordance with Section 302.0 of this Ordinance. The potential
11 User shall pay to the Member Agency or the Contract Agency all costs associated with
12 Wastewater Discharge Contract. A Wastewater Discharge Contract must be obtained from a
13 Member Agency or a Contract Agency prior to filing an application for a Wastewater Discharge
14 Permit.
15
16 B. All wastewater to be discharged pursuant to the Wastewater Discharge Contract
17 between a Member Agency or a Contract Agency and a User shall be contingent upon the
18 issuance by SAWPA to the potential User,a Wastewater Discharge Permit,pursuant to Article 4
19 of this Ordinance. The User shall also apply for a Wastewater Discharge Permit in accordance
20 with Article 4 of this Ordinance.
21
22 C. All fees and charges paid by the User in connection with the Wastewater
23 Discharge Contract and the Wastewater Discharge Permit are non-refundable. In the event that
24 the Wastewater Discharge Permit is revoked,the User shall not be entitled to any refund of any
25 fees and charges it has paid the Member Agency or the Contract Agency or SAWPA.
26
27 304.0 USER CHARGES AND FEES.
28
29 A. Users shall payto SAWPA the following categories of costs in conformance with
30 the Wastewater Discharge Contracts and the applicable resolutions adopted by SAWPA's
31 Commission:
32
33 1. Operation and Maintenance Costs or User Charges. These charges shall
34 include disposal costs for a direct connection to the Brine Line plus all applicable
35 charges and fees as established by resolution by SAWPA's Commission;
36
37 2. Liquid Waste Hauler User Charges. These charges shall cover all costs of
38 SAWPA and its Member Agencies or its Contract Agencies for providing Collection
39 Station service to liquid waste haulers using the Brine Line or tributaries thereto for
40 wastewater disposal. These charges shall be established by resolution by SAWPA's
41 Commission;
42
43 3. Wastewater Discharge Permit Fees. All Wastewater Discharge Permit
44 application and Wastewater Discharge Permit fees shall be paid directly by the User to
45 SAWPA and/or Member Agencies and/or Contract Agencies upon invoice. These fees
46 will be established by resolution by SAWPA's Commission.
-31-
1 4. Special Purpose Discharge Permit Charge. This charge shall cover all
2 SAWPA's costs for providing sewerage service and monitoring for users requiring a
3 Special Purpose Wastewater Discharge Permit. These costs shall be established by the
4 General Manager. A deposit determined by the General Manager sufficient to paythese
5 estimated charges shall accompany the Special Purpose Wastewater Discharge Permit
6 Application.
7
8 5. All Users shall pay all applicable permit fees prior to the renewal of the
9 Wastewater Discharge Permit.
10
11 6. Non-Compliance Charges will be as determined in Article 6,Enforcement
12 and shall be paid directly by the User to SAWPA and/or Member Agencies and/or
13 Contract Agencies upon invoice.The charges will Pass Through compliance costs from
14 OCSD,if any.
15
16 B. A charge for use of the Brine Line or tributaries thereto may be imposed by a
17 Member Agency or a Contract Agency to Wastewater Discharge Permit Users. All such charges
18 shall be paid by the User directly to the Member Agency or the Contract Agency in accordance
19 with Section 303.0 of this Ordinance.
20
21 C. SAWPA shall be entitled to recover costs from Users for the implementation of
22 SAWPA's pretreatment program. These costs relate to matters covered by this Ordinance and
23 are separate from all other fees chargeable by SAWPA. SAWPA may adopt a resolution(s)to
24 recover such costs for:
25
26 1. Developing,implementing,and operating SAWPA's Pretreatment Program
27 and this Ordinance.
28
29 2. Monitoring, inspection, surveillance procedures and laboratory costs.
30
31 3. Reviewing plans and construction inspections.
32
33 4. Wastewater discharge permit application review.
34
35 5. Wastewater discharge permit issuance.
36
37 6. Reviewing data and reports.
38
39 7. Noncompliance and enforcement.
40
41 D. Member Agencies or Contract Agencies may directly charge Users for costs
42 related to Collection System maintenance of the Member Agency's or the Contract Agency's
43 Collection System due to the effects of the User's wastewater discharge on the Member
44 Agency's or the Contract Agency's Collection System.
45
46
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I ARTICLE 4
2 WASTEWATER DISCHARGE PERMITS
3
4 401.0 INTRODUCTION. Written authorization from SAWPA is required for all Users of the
5 Brine Line and tributaries thereto to ensure the maximum public benefit. The written
6 authorization shall be in the form of a Wastewater Discharge Permit issued by SAWPA.
7 SAWPA will issue all Liquid Waste Hauler Permits issued to entities transporting brine
8 wastewater to the Collection Stations,per Article 509.0.
9
10 402.0 WASTEWATER DISCHARGE PERMITS.
11
12 A. Users subject to the provisions of this Ordinance shall obtain a Wastewater
13 Discharge Permit prior to the connection or discharge to the Brine Line or tributaries thereto.
14 No vested right shall be given, granted or acquired by the issuance of permits provided for in
15 this Ordinance. User Wastewater Discharge Permits may be issued to Direct Dischargers or
16 Users, Special Purpose Dischargers, and Indirect Dischargers or Users.
17
18 B. Plans submitted for a sewer connection to the Brine Line or tributaries thereto
19 shall not be approved by the General Manager for any sewer connection which will convey
20 industrial wastewater to the Brine Line or tributaries thereto unless the Discharger has first
21 obtained a Wastewater Discharge Permit.
22
23 C. The General Manager shall deny or condition discharges of pollutants,or changes
24 in the nature of pollutants, to the Brine Line or tributaries thereto by Users where such
25 discharges do not meet applicable pretreatment standards and requirements or where such
26 discharges would cause OCSD's POTW to violate its NPDES permit.
27
28 D. Users required to obtain a Wastewater Discharge Permit shall complete and file
29 with the General Manager a Wastewater Discharge Permit application form provided by the
30 General Manager and shall pay all applicable fees within thirty (30) days of invoicing by
31 SAWPA. The application form may require:
32
33 1. Name,address,assessor's parcel number and location(if different from the
34 site address)for the company, owner, and operator.
35
36 2. Name and address of the authorized representative(s).
37
38 3. NAICS number according to the Federal North American Industry
39 Classification System,Office of Management and Budget, 1997,as amended.
40
41 4. EPA hazardous waste generator's number.
42
43 5. Wastewater samples analyzed for specified pollutants. The samples shall be
44 analyzed by a State certified laboratory in accordance with the methods published by the
45 EPA in 40 CFR Part 136.
46
-33-
1 6. Time and duration of the wastewater discharges.
2
3 7. Average and maximum daily wastewater flow rates,including any seasonal
4 variation of all wastestreams discharged.
5
6 8. A list of all environmental control permits held.
7
8 9. A statement from the property owner or landlord, if different from the
9 Industrial User,agreeing to the Industrial User's activities,manufacturing processes,and
10 chemical and material storage.
11
12 10. Site plans,floor plans,mechanical and plumbing plans with details to show
13 all sewers,sewer connections,pretreatment equipment,systems and devices,production
14 areas and all areas of wastewater generation.
15
16 11. A description of operations which shall include the nature, average rate of
17 production, and NAICS classification of the operation(s) carried out by the Industrial
18 User. This description shall include a schematic process diagram that indicates water
19 quality sampling location(s), and points of discharge to the Brine Line or tributaries
20 thereto, types of wastes generated, and a list of raw materials and chemicals used or
21 stored at the facility, which are, or could be discharged to the Brine Line, number of
22 employees,hours of operation, and type and amount of raw materials processed.
23
24 12. Informational sheets containing information describing the products
25 produced by the User;Federal Categorical designation(if applicable); what means are
26 used to produce the products;the waste generated by producing the product;plot plans
27 and diagrams of the facility and wastewater pretreatment facilities; process flow
28 diagrams of production, wastewater flow, and wastewater pretreatment facilities; and
29 waste disposal methods;
30
31 13. Flow measurement. The User shall submit information showing the
32 measured average daily and maximum daily flow in gallons per day to SAWPA from
33 federally regulated process wastestreams and other wastestreams as necessary to allow
34 use of the Combined Wastestream Formula.Water supply information may be required
35 that includes the water supplier's name(s) and account number(s).
36
37 14. Measurement of pollutants. The User shall identify the National
38 Pretreatment Standard applicable to each regulated process and shall describe which
39 subcategories might be applicable and cite evidence and reasons why such subcategories
40 are applicable and others are not as required by 40 CFR 403.6(a)(2). The User shall
41 submit the results of sample analyses identifying the nature and concentration(or mass
42 where required) of regulated pollutants in the discharge from each regulated process.
43 Either daily maximum and average concentration or daily loading in pounds per day
44 shall be reported. All samples shall be representative of daily operations. All analyses
45 shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and
46 amendments thereto.
-34-
1 15. Certification statement in 40 CFR Part 403.6(a)(2)(ii) executed by an
2 authorized representative of the User and prepared by a qualified professional,
3 indicating whether or not pretreatment standards (national categorical and local) are
4 being met on a consistent basis. If not, the industrial user shall state if additional
5 operation and maintenance or additional pretreatment equipment is necessary to achieve
6 compliance with pretreatment standards and requirements.
7
8 16. All data submitted,including monitoring data,shall be certified accurate by
9 an authorized representative of the Industrial User as set forth in 40 CFR Part
10 403.6(a)(2(ii).
11
12 17. Facility Waste Management Plan as defined in Section 520.0 of this
13 Ordinance.
14
15 18. Where a federal categorical process has been identified,the User shall submit
16 a Baseline Monitoring Report with all the elements required by 40 CFR 403.12(b)no
17 later than ninety(90) days before discharge commences.
18
19 19. Any other information as may be necessary for the General Manager to
20 evaluate the permit application.
21
22 E. Within ninety(90)days ofreceiving the completed Wastewater Discharge Permit
23 application,the General Manager shall evaluate the data famished by the applicant in the permit
24 application. After evaluation of the data furnished, the General Manager may issue a
25 Wastewater Discharge Permit subject to the terms and conditions provided in this Ordinance or
26 deny a Wastewater Discharge Permit. If the General Manager determines that sufficient
27 information has been provided by the applicant in the Wastewater Discharge Permit application,
28 the General Manager shall issue a Wastewater Discharge Permit to the applicant within ninety
29 (90) days of receipt of the Wastewater Discharge Permit application, if the General Manager
30 finds that all of the following conditions are met:
31
32 1. The proposed discharge of the applicant is in compliance with the
33 prohibitions and limitations of this Ordinance and related SAWPA resolutions;
34
35 2. The proposed operation and discharge of the applicant would not interfere
36 with the normal and efficient operation of the Brine Line or tributaries thereto and
37 OCSD's POTW;
38
39 3. The proposed discharge,operation or business activity of the applicant shall
40 not result in a violation of OCSD's NPDES permit or cause a Pass Through of my toxic
41 materials to the environment or OCSD's POTW biosolids; and
42
43 4. The applicant has been invoiced for all applicable Wastewater Discharge
44 Permit fees by SAWPA and paid such fees.
45
46
-35-
1 F. The General Manager may suspend the permit application process if the User's
2 business will not be operational and no wastewater is planned for discharge at the conclusion of
3 the application review process. The User must notify the General Manager at least ninety(90)
4 days prior to the commencement of the business activities and wastewater discharge.
5
6 G. If the General Manager determines that the proposed discharge(s) will not be
7 acceptable, then the General Manager shall disapprove the application and shall notify the
8 applicant in writing,specifying the reason(s)for denial.The denial may apply if the Userhas not
9 demonstrated adequate pretreatment equipment to ensure compliance with discharge limitations
10 and the Ordinance.
11
12 H. Approved Wastewater Discharge Permits shall be subject to all provisions of this
13 Ordinance and all other applicable regulations, charges and fees established by resolution by
14 SAWPA's Commission. Permits may contain the following except where noted as required:
15
16 1. A statement that indicates the permit issuance date, expiration date and
17 effective date(required);
18
19 2. A statement that the indicates the permit is non-transferable (required);
20
21 3. The unit charge or schedule of user charges and fees for the wastewater
22 discharged to the Brine Line and tributaries thereto as established by ordinance or
23 resolution;
24
25 4. Schedule of penalty fees for noncompliance as established by resolution
26 (required);
27
28 5. Limitations on the average monthly and maximum daily wastewater
29 pollutants and mass emission rates for pollutants and/or requirements for Best
30 Management Practices (required);
31
32 6. Limitations on the average monthly and maximum daily wastewater flow
33 rates;
34
35 7. Requirements for the submittal of a Facility Waste Management Plan;
36
37 8. Requirements for the submittal of daily, monthly, annual and long term
38 production rates;
39
40 9. Requirements for reporting changes and/or modifications to equipment
41 and/or processes that affect the quantity or quality of the wastewater discharged;
42
43 10. Requirements for installation and maintenance of monitoring and sampling
44 equipment and devices;
45
46
-36-
1 11. Self-monitoring, sampling, reporting, notification, and record keeping
2 requirements.These requirements shall include an identification of pollutants or BMPs
3 to be monitored, sampling location, sampling frequency, and sample type (required);
4
5 12. The process for seeking a waiver from monitoring for a pollutant neither
6 present nor expected to be present in the discharge (required);
7
8 13. Requirements for the installation of pretreatment technology, pollution
9 control,or construction of appropriate spill containment devices;
10
11 14. Specifications for monitoring programs which may include: sampling
12 location(s); frequency of sampling; pollutant violation notification and resampling
13 requirements; number, types and standards for tests; reporting schedules; and self-
14 monitoring standard operating procedures (SOPS);
15
16 15. Requirements to control Slug Discharge, if determined by the General
17 Manager to be necessary;
18
19 16. Requirements for reporting flow and pollutant exceedances;
20
21 17. Consent to entry onto the User's premises to assess compliance by
22 inspection,records examination, sampling, and monitoring;
23
24 18. If compliance with pretreatment standards cannot be met on a consistent
25 basis,then a schedule of compliance shall be required. This schedule shall provide the
26 shortest possible time for the User to provide additional pretreatment and/or operations
27 and maintenance to achieve compliance. The compliance schedule shall contain
28 increments of progress (called milestones)in the form of dates,not to exceed nine(9)
29 months unless specifically approved otherwise by the Commission, for the
30 commencement and completion of major events leading to the construction and
31 operation of additional pretreatment required for the User to achieve compliance with
32 applicable categorical pretreatment standards;
33
34 19. Compliance Schedule Progress Reports,if required,shall be submitted every
35 thirty (30) days during the time the compliance schedule is in force, including a final
36 compliance report at the conclusion of the compliance schedule. The User shall state
37 whether or not compliance was achieved for the increment of progress to be met on such
38 a date. If progress cannot be achieved,the User shall state the reasons for the delay and
39 the steps to be taken to return to the dates originally established in the compliance
40 schedule;
41
42 20. Requirements for submission of technical reports, contingency plans or
43 discharge reports,Baseline Monitoring Reports(BMR),compliance reports,or reports
44 on continued compliance;
45
46
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1 21. Reports on compliance with Categorical Pretreatment Standard Deadlines.
2 All Categorical Industrial Users shall submit reports to the General Manager containing
3 the information described in Section 501. For existing Categorical Industrial Users,the
4 report shall be submitted within ninety(90)days following the date for final compliance
5 with applicable categorical pretreatment standards. For new Categorical Industrial
6 Users, the report shall be due thirty (30) days following the commencement of
7 wastewater discharge into the Brine Line or tributaries thereto. These reports shall
8 contain long term production rates and actual production during the wastewater
9 sampling periods; All reports must have an accompanying statement reviewed by an
10 authorized representative of the User and certified to by a qualified professional staring
11 whether the pretreatment standards are or are not being met as set forth in 40 CFR
12 Section 403.12(b)(6)and amendments thereto;
13
14 22. All significant and Categorical Industrial Users shall submit Periodic
15 Compliance Reports at least every six months as specified in the Wastewater Discharge
16 Permit. These reports shall include effluent sample analyses with the time and
17 concentration or mass of the pollutants in the Wastewater Discharge Permit;average and
18 maximum daily wastewater flows for all regulated processes and total flow for the
19 reporting period; average and maximum daily production rates (if applicable); total
20 production for the reporting period (if applicable), and information related to the
21 application and compliance with Best Management Practices in use(if applicable);
22
23 23. All required reports: BMRs, compliance reports, periodic reports on
24 continued compliance,and sample data submittals, must be signed and certified by an
25 authorized representative of the User,using the certification statement contained in 40
26 CFR Part 403.6(a)(2)(ii));
27
28 24. Requirements for maintaining and retaining all records relating to the
29 wastewater monitoring, sample analyses, production, waste disposal, recycling, and
30 waste minimization as specified by the General Manager;
31
32 25. Requirements for notification of slug or accidental discharges, immediate
33 notification of the General Manager of any changes affecting the potential for a slug
34 discharge and significant changes in volume or characteristics of the pollutants
35 discharged;
36
37 26. Requirement for notification to SAWPA of all on-site spills;
38
39 27. Statement of applicable civil and criminal penalties for violation of
40 pretreatment standards and requirements,and any other applicable compliance schedule,
41 and responsibility for damages, legal expenses, attorney's fees, administrative and
42 overhead costs for violation of any applicable pretreatment ordinances, standards and
43 requirements and this Ordinance and amendments thereto (required);
44
45 28. No wastewater generated outside the SAWPA service area shall be accepted
46 unless prior approval is received from SAWPA's Commission and OCSD's General
-38-
1 Manager. Such approval will be on a case-by-case basis and in the Commission's and
2 OCSD's sole discretion; and
3
4 29. Other conditions as deemed appropriate by the General Manager to ensure
5 compliance with this Ordinance.
6
7 I. Wastewater Discharge Permit conditions and requirements may be appealed in
8 writing to the General Manager within fifteen (15) days after the issuance date. The written
9 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
10 written appeal shall be addressed by the General Manager within thirty(30)days from the date
11 of filing of the written appeal and may hold an appeal hearing with the Peanittee. The General
12 Manager shall issue a final written determination on the appeal within forty-five(45)days from
13 the date of filing of the written appeal. Any User aggrieved by the final decision issued by the
14 General Manager under this Section may seek an appeal to the SAWPA Commission by filing
15 an appeal within fifteen(15)days following the service of the General Manager's final written
16 determination on the appeal. The written appeal to the Commission shall state all of the facts
17 and reasons that constitute the basis for such an appeal. Failure to file such an appeal within
18 fifteen (15)days shall be deemed a waiver of the appeal process.
19
20 403.0 PERMIT DURATION. Wastewater Discharge Permits shall be issued for a specified
21 time period. Wastewater Discharge Permits issued to SIUs shall nomiallybe issued for a period
22 not to exceed two(2)years.Wastewater Discharge Permits issued to Users other than SIUs and
23 Special Purpose Discharge Permits shall normally not exceed three (3) years. Wastewater
24 Discharge Permits issued to Liquid Waste Haulers shall normally not exceed two (2) years.
25 Generally, permits shall not exceed the duration allowed by OCSD Ordinance No. 39 or
26 successors thereto. Under no circumstances shall a Wastewater Discharge Permit duration
27 exceed five (5)years.
28
29 404.0 DUTY TO COMPLY. All Users have a duty to comply with this Ordinance, related
30 resolutions, and all conditions and limitations in the permit. Failure to comply with the
31 requirements contained in this Ordinance,related resolutions and/or the permit maybe grounds
32 for Wastewater Discharge Permit Revocation pursuant to Section 607.0,termination of service
33 pursuant to Section 608.0, administrative actions, or enforcement proceedings including,
34 injunctive relief,civil or criminal penalties, and summary abatements pursuant to Article 6 of
35 this Ordinance. Mandatory minimum penalties shall also be assessed where appropriate.
36
37 405.0 PERMIT RENEWAL, EXTENSION AND FEES. All Users subject to wastewater
38 discharge permitting by SAWPA shall submit a completed Wastewater Discharge Permit
39 application for permit renewal at least ninety (90) days prior to the expiration of the User's
40 existing permit. All Users shall pay all applicable permit fees prior to the renewal of the
41 Wastewater Discharge Permit. No Wastewater Discharge Permit shall be renewed if the User
42 has not paid all applicable fees within thirty (30) days of invoicing by SAWPA, submitted
43 required monitoring information or production reports,or submitted any other required permit
44 information. In the event the General Manager cannot issue the permit prior to the expiration
45 date of the current permit and the submitted application has been received and deemed
46 complete,he/she may issue a written extension of the expired permit for up to thirty(30)days or
-39-
I as deemed appropriate by the General Manager. Users which do not have a valid Wastewater
2 Discharge Permit shall be considered in violation of this Ordinance and subject to enforcement
3 action and any applicable surcharge fee,fine,penalties,damages,legal expenses,attorney's fees,
4 administrative and overhead costs.
5
6 406.0 PERMIT MODIFICATIONS.The terms and conditions of the Wastewater Discharge
7 Permit may be subject to modification by the General Manager during the term of the permit as
8 limitations or requirements are modified or added or due to other just causes including,but not
9 limited to:
10
11 A. To incorporate any new or revised federal,state,or local pretreatment standards
12 or requirements;
13
14 B. To address significant alterations or modifications to the User's operation,
15 processes,or wastewater volume or character since the time of the Wastewater Discharge Permit
16 issuance;
17
18 C. A change in the OCSD's POTW that requires either a temporary or permanent
19 reduction or elimination of the permitted discharge. Reasonable time frames for compliance
20 will be used for Users affected by the change(s);
21
22 D. The permitted wastewater discharge poses a threat to the OCSD's POTW,
23 SAWPA personnel, contract employees,the public,or receiving waters;
24
25 E. Violation of any term or condition of the Wastewater Discharge Permit;
26
27 F. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater
28 Discharge Permit application or in any required reporting; or
29
30 G. To correct typographical or other errors in the Wastewater Discharge Permit.
31
32 Any modifications in the permit shall include a reasonable time schedule for compliance, if
33 necessary.
34
35 407.0 NO PERMIT TRANSFER OR ASSIGNMENT. Wastewater discharge permits are
36 issued to a specific User for a specific operation for a specified time. No Wastewater Discharge
37 Permit shall be assigned, transferred, pledged or sold to a new owner, new User, or different
38 premises.The permit is void if an attempt is made to assign,transfer,pledge or sell the permit to
39 a new owner,new User, or a different premise.
40
41 408.0 WASTEWATER DISCHARGE CONTRACT CAPACITY RIGHTS. Except as
42 otherwise provided in Section 409.0 below, no User shall exceed its wastewater discharge
43 capacity right into the Brine Line or tributaries thereto. Whenever a User's monthly average
44 flow exceeds the User's Wastewater Discharge Permit capacity right,the User shall notify the
45 appropriate Member Agency or Contract Agency and SAWPA within five(5)calendar days of
46 discovering the exceedance. If the monthly average flow exceedance is an isolated event,then
-40-
1 the User shall be liable for costs incurred with the additional wastewater discharge in excess of
2 the purchased discharge capacity right. If the daily exceedance is a necessary part of the User's
3 business activities, then the User shall, within five (5) calendar days, make application to
4 acquire and pay for sufficient additional wastewater discharge capacity right in the Brine Line or
5 tributaries thereto which shall be retroactive to the date of the exceedance. The additional
6 purchased capacity right shall result in a wastewater discharge capacity right that exceeds the
7 User's daily flow by ten(10)percent or as approved by the General Manager. Any User who
8 fails to purchase the additional wastewater discharge capacity right when required shall be
9 subject to enforcement actions.
10
11 409.0 OPERATIONAL EMERGENCY DISCHARGE.Notwithstanding the provisions of
12 Section 408.0 above,if due to an operational emergency,a User must discharge in excess of its
13 existing wastewater discharge capacity right,then,after providing the General Manager with at
14 least two(2)business days advance notice if practicable,the User may do so for a period not to
15 exceed one-hundred eighty(180)days without incurring the obligation to purchase an additional
16 wastewater discharge capacity right,provided that the User fully complies with the provisions of
17 this Section, this Ordinance, permit conditions at all times, and pays for such discharge as
18 determined by the General Manager.
19
20 A. As used herein,"Operational Emergency",shall mean an equipment breakdown
21 or other malfunction which causes the User to discharge in excess of its existing treatment and
22 disposal capacity right in the Brine Line.
23
24 B. Prior to or by the next business day following the commencement of the
25 emergency discharge the User shall provide written notice to the General Manager identifying:
26
27 1. The nature of the emergency requiring the excess discharge;
28
29 2. The anticipated duration of the excess discharge; and
30
31 3. The name of the user's employee whom the General Manager may contact
32 for further information.
33
34 C. The General Manager may order that such emergency discharges cease
35 immediately or impose on the Discharger such requirements as the General Manager deems
36 appropriate and necessary to protect SAWPA's facilities and interest,including the Brine Line
37 and tributaries thereto, and OCSD's POTW.
38
39 D. User shall pay to SAWPA a surcharge on the flow exceeding the User's existing
40 wastewater discharge capacity right, in addition to the payment of the volumetric, BOD and
41 TSS charges for the entire daily flow. The surcharge shall be applied to the excess flow,BOO
42 and TSS and be calculated using the rate established annuallyby Resolution of the Commission.
43
44 E. If upon expiration of the one hundred eighty (180)day period the User's daily
45 flow continues to exceed the User's existing wastewater discharge capacity right,then the User
46 shall immediately acquire additional increments ofwastewater discharge capacity tight pursuant
-41-
1 to Section 408.0 of this Ordinance.
2
3 F. A User causing or making an Operational Emergency Discharge shall be liable
4 for any surcharges, fees, fines, penalties, damages, legal expenses, attorney's fees,
5 administrative and overhead costs, and other direct or indirect costs incurred by SAWPA as a
6 result of such discharge.
7
8 410.0 LIQUID WASTE HAULER PERMITS. Prior to discharging any wastewater to the
9 Brine Line or tributaries thereto, Users hauling and disposing of wastewater to a Collection
10 Station must apply for and obtain a separate liquid waste hauler permit. This permit is separate
11 and in addition to the Wastewater Discharge Permit required for each wastewater Indirect
12 Discharger or Generator. Liquid waste hauler permits are issued by the SAWPA General
13 Manager in accordance with Sections 401 and 402; after all required permit application
14 information,insurance,and fees are provided.Additional liquid waste hauler requirements are
15 defined in Section 509.0. All liquid waste haulers shall comply with all permit requirements
16 and conditions,permitting and disposal procedures as established by this Ordinance,and pay all
17 applicable fees established by resolution. All liquid waste haulers shall obtain all other
18 applicable permits required by city,county or state agencies. All liquid waste haulers shall also
19 abide by the following requirements and conditions:
20
21 A. Hauling and disposing of wastewater only to a designated and authorized Brine
22 Line Collection Station for permitted liquid waste haulers shall be established by SAWPA.
23
24 B. Liquid waste haulers seeking a permit to use SAWPA's Brine Line Collection
25 Stations shall complete and file with the General Manager a Liquid Waste Hauler Permit
26 application provided by SAWPA. This application may require the following information:
27
28 1. Name, address, and phone number of the liquid waste hauler.
29
30 2. Number of vehicles, gallon capacity of each vehicle, license plate of each
31 vehicle,tanker and trailer,ownership,make and model of all vehicles that are operated
32 by the hauler for purposes of hauling liquid wastes.
33
34 3. Person to contact regarding the information contained in the application.
35
36 4. The name and policy number of the insurance carrier and bonding company.
37 The Liquid Waste Hauler Company must carry the following insurance to be permitted
38 by SAWPA: a) General Liability of$1,000,000 per each occurrence and $2,000,000
39 General Aggregate;b)Commercial Auto Insurance of$1,000,000 combined single limit;
40 c)Workers Compensation of$1,000,000 per each accident;and d)Pollution Liability of
41 $1,000,000. Such liability insurance shall be in a form and with liability limits and
42 deductible satisfactory to the General Manager and such liability insurance requirements
43 shall be included in the permit issued to the liquid waste hauler. Separate Pollution
44 Liability insurance is not required if specifically covered by other liability policies.
45
46 5. The name(s), address(es), telephone number(s), and descriptions(s) of the
-42-
1 industries or clients contracting the liquid waste hauler to transport their wastewater to
2 the Brine Line Collection Station.
3
4 6. Authorized representative and signature.
5
6 7. Other information as may be required by the General Manager.
7
8 C. All liquid waste haulers shall obtain a Liquid Waste Hauler Permit from SAWPA
9 prior to discharging to the Brine Line or tributaries thereto. Liquid Waste Hauler Permits shall
10 be issued for a period of up to two (2) years. All terms and conditions of the permit may be
11 subject to modification and change by the General Manager at any time during the duration of
12 the permit. The liquid waste hauler permit may include the following:
13
14 1. Business name, address,and phone number.
15
16 2. Restrictions on discharge times and compliance with operating hours for
17 designated Collection Station.
18
19 3. Conditions upon which permit revocation, suspension, or termination can
20 occur.
21
22 4. Consent to enter the User's premises to assess compliance with permit
23 requirements and conditions and this Ordinance by inspection and records examination;
24
25 5. Permit number.
26
27 6. Record keeping and reporting requirements.
28
29 7. Compliance with applicable rules and regulations of this Ordinance and the
30 Riverside County Health Department, San Bernardino County Health Department, or
31 other county having jurisdiction regarding cleanliness, sanitary conditions, and liquid
32 waste hauler vehicle requirements.
33
34 8. Requirements to notify the General Manager immediately of any unusual
35 circumstances observed during liquid waste pumping operations.
36
37 9. Other conditions, limitations or prohibitions deemed appropriate by the
38 General Manager, including pollutant discharge limitations or local limits.
39
40 D. Permits to use the Brine Line Collection Stations of SAWPA are subject to all
41 applicable provisions of this Ordinance.
42
43 E. Liquid wastes disposed of at SAWPA's Brine Line Collection Stations shall be
44 subject to sampling and analysis to determine compliance with all applicable provisions of this
45 Ordinance. The sampling shall be performed or supervised by authorized personnel of SAWPA
46 or SAWPA's duly authorized designees and shall be taken at any time during the delivery of the
-43-
1 load, including prior to the discharge of the load from the liquid waste hauler to SAWPA's
2 Brine Line Collection Stations. If the wastes are found to be unacceptable, the liquid waste
3 hauler may be liable for all costs associated with the inspection, sampling, and analysis. The
4 General Manager may reject a load and deny disposal if the wastewater or required
5 documentation does not comply with the provisions of this Ordinance or the liquid waste
6 hauler's permit.
7
8 F. If the liquid waste hauler transports both industrial wastes and domestic wastes,
9 the liquid waste hauler shall remove all domestic waste contamination from the interior of the
10 vacuum tank prior to removing any industrial wastes from a permitted site.
11
12 G. The General Manager may deny the issuance of a liquid waste hauler permit on
13 any of the following conditions:
14
15 1. The applicant knowingly falsified information on the application or any
16 document required by the application;
17
18 2. The applicant's previous liquid waste hauler permit is under suspension or
19 probation or has been otherwise revoked; or
20
21 3. The applicant is not current on all disposal and permit related reports,
22 insurance, and payment of fees.
23
24 H. In the event a liquid waste hauler permit application is denied, the General
25 Manager shall notify the applicant in writing of such denial and the appeal procedures. Such
26 notification shall state the grounds for such denial and necessary actions that must be taken by
27 the applicant prior to the issuance of a permit.
28
29 I. All liquid waste hauler permits issued to any Person may be revoked,suspended
30 or entered into a probationary period upon a finding by the General Manager that any of the
31 following conditions exist:
32
33 1. Such Person or representative thereof failed to present for inspection the
34 permit's generator discharge authorization table upon request by an authorized
35 representative or employee of SAWPA;
36
37 2. Such Person or representative thereof has changed, altered or otherwise
38 modified the face of a permit or authorization document without the permission of the
39 General Manager;
40
41 3. Such Person or representative thereof has violated any condition of the
42 permit;
43
44 4. Such Person or representative thereof has falsified any application,record,
45 report or monitoring results required to be maintained, or has failed to make them
46 immediately available to the General Manager upon request or has withheld required
-44-
1 information,such Person or representative thereof has filed documents with falsified or
2 repeatedly incorrect information;
3
4 5. Such Person or representative thereof failed to halt immediately the discharge
5 from his or her truck into SAWPA's designated disposal site upon the order of any
6 authorized SAWPA employee;
7
8 6. Such Person or representative thereof discharged or attempted to discharge a
9 hazardous waste or material into SAWPA's designated discharge site;
10
11 7. Such Person or representative thereof discharged or attempted to discharge
12 domestic waste into SAWPA's designated discharge site;
13
14 8. Such Person or representative thereof has done physical violence or harm to
15 any SAWPA employee,authorized representative,or contract employee;
16
17 9. Such Person or representative thereof has made threatening remarks or
18 threatening acts towards any SAWPA employee,authorized representative,or contract
19 employee.
20
21 J. Any liquid waste hauler permit which has been revoked, suspended or entered
22 into probation pursuant to this Section maybe reinstated upon a finding by the General Manager
23 that the condition which resulted in such revocation no longer exists.
24
25 K. Upon determination of a violation of this Ordinance or the conditions of a liquid
26 waste hauler permit,the permittee shall be subject to the enforcement actions set forth in Article
27 6 of this Ordinance,or as is otherwise contained in the liquid waste hauler permit as necessary
28 to protect the Brine Line or tributaries thereto, OCSD's POTW, the public, the environment,
29 SAWPA employees, authorized representatives,or contract employees.
30
31 L. Suspension and periods ofprobation maybe imposed by the General Manager for
32 any length of time,up to one year.
33
34 411.0 COLLECTION STATIONS.Nothing in this Ordinance precludes the use of an alternate
35 Collection Station in the event of an emergency or planned maintenance activity that disrupts
36 service provided at the primary Collection Station.
37
38 412.0 GROUNDWATER, SURFACE RUNOFF, OR SUBSURFACE DRAINAGE.
39
40 A. The discharge of groundwater,surface runoff,or subsurface drainage directly or
41 indirectly to the Brine Line is prohibited unless determined by the General Manager, at his or
42 her sole discretion, that there is no alternative method of disposal reasonably available and to
43 mitigate an environmental risk or health hazard.
44
45 B. All Users having outdoor areas which allow wastewater and stormwater to enter
46 a common opening connected to the Brine Line or tributaries thereto shall install and maintain,
-45-
1 at the User's expense,a stormwater diversion valve in the common opening.
2
3 1. The stormwater diversion valve design and use shall be reviewed and
4 approved by the General Manager prior to installation.
5
6 2. The valve shall allow wastewater to enter the Brine Line or tributaries thereto
7 during dry weather and prevent stormwater from entering the Brine Line or tributaries
8 thereto during periods of inclement weather.The valve shall be operated and maintained
9 by the User per the permit requirements.
10
11 3. Unless permitted to do so in accordance with subparagraph(A)hereof, no
12 User shall allow wastewater and stormwater to mix.
13
14 C. Applications for consideration under subparagraph(A)shall be submitted to the
15 General Manager and shall include all information deemed necessary by the General Manager.
16 Information may include but is not limited to:
17
18 1. Completed permit application.
19
20 2. Detailed site information including but not limited to structure locations,
21 pavements,grades, storm drain facilities,hydrologic calculations.
22
23 3. Documentation justifying a need to discharge surface runoffto the Brine Line
24 or tributaries thereto to prevent surface and subsurface water contamination.
25
26 4. A description of the facilities to be provided and required operation and
27 maintenance by the User to prevent the pollution of stormwater by industrial waste and
28 waste generated by the User.
29
30 413.0 WASTEWATER FROM OUTSIDE THE SAWPA INLAND EMPIRE BRINE
31 LINE SERVICE AREA.
32
33 Any Generator outside of SAWPA's Inland Empire Brine Line service area proposing to
34 discharge wastewater at a Brine Line Collection Station must first obtain approval from
35 SAWPA's Commission and OCSD's general manager before a permit may be issued to
36 discharge under this Ordinance. Such approval will be on a case-by-case basis and at the sole
37 discretion of the Commission and OCSD.If such approval is provided,in addition to any other
38 conditions imposed by the SAWPA's Commission and the OCSD's general manager, the
39 Generator shall comply with the following conditions:
40
41 1. An interagency agreement to accept such waste between SAWPA,a Member
42 Agency or a Contract Agency and the sewer agency from where the waste is generated
43 will be executed.The agreement will specifically allow the Member Agency or Contract
44 Agency to issue a permit and conduct the Pretreatment Program at the Generator's site.
45
46
-46-
1 2. Written site access authorization shall be provided by the Generator to
2 SAWPA,the Member Agency or the Contract Agency for site inspections.
3
4 3. The Generator shall have a contract with a SAWPA permitted Liquid Waste
5 Hauler.
6
7 Except for an emergency, a threat to the health, safety and welfare of the community or
8 SAWPA,or a failure to comply with, or a violation of,this Ordinance and related resolutions,
9 SAWPA will endeavor to provide ninety(90)days advance written notice prior to terminating a
10 discharge permit issued to a Generator located outside the Inland Empire Brine Line Service
11 Area. The General Manager may terminate or revoke a permit issued under this subsection as
12 provided in this Ordinance.
13
14 Subject to applicable legal requirements,the rates charged to the Generator may be adjusted by
15 SAWPA as necessary to recover costs incurred.Permit and disposal fees for Generators and/or
16 Liquid Waste Hauler Permittees are determined by SAWPA Commission resolution.
17
18
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1 ARTICLE 5
2 MONITORING,REPORTING,INSPECTION AND FACILITIES REQUIREMENTS
3
4 501.0 MONITORING AND REPORTING.
5
6 A. At the direction and discretion of the General Manager, any User discharging
7 wastewater directly or indirectly into the Brine Line or tributaries thereto, shall be required to
8 install sampling station(s) and measuring device(s) to measure the quality and quantity of
9 wastewater discharged. These measuring devices may include but are not limited to: flow
10 meters and recorders,pH meters and recorders,and electrical conductivity meters and recorders,
11 and process water meters.
12
13 B. The sampling station and/or measuring device shall be provided by the User in
14 compliance with this Ordinance and all applicable building,plumbing,and construction codes.
15 Monitoring or metering facilities may be required to have a security closure that can be locked
16 with a SAWPA lock during sampling and monitoring. Construction shall be completed within a
17 reasonable time frame as required in written notification from the General Manager.
18
19 C. The General Manager shall have the absolute right to install temporanlyupon the
20 User's property such devices as are necessary to conduct wastewater sampling, compliance
21 monitoring or metering operations.
22
23 D. No User shall interfere with, delay, resist, or refuse entrance by authorized
24 SAWPA personnel or contract employees or authorized OCSD personnel installing wastewater
25 monitoring equipment on the User's property. Any permanent or temporary obstruction of easy
26 access to the sampling,monitoring,or metering locations shall be immediately removed by the
27 User or property owner at the written or oral request of the General Manager and shall not be
28 replaced.
29
30 E. The sampling station or measuring devices shall be maintained for continuous
31 sampling or metering. The measuring devices shall be calibrated as often as necessary to ensure
32 accurate measurements according to manufacturer's specifications. All maintenance and
33 calibration work shall be performed at the User's expense.
34
35 F. All Users that are required to install and maintain monitoring equipment shall
36 immediately report to SAWPA and the Member Agency or the Contract Agency the failure of
37 such equipment. The immediate notification may be accomplished by a telephone call,
38 electronic mail, telefax transmission,personal visit to SAWPA or the Member Agency or the
39 Contract Agency, or a hand delivered notification to SAWPA or the Member Agency or the
40 Contract Agency. A written report documenting the cause of the failure and the corrective
41 actions taken shall be submitted to the General Manager within five(5)days of discovering the
42 failure.
43
44 G. All Users that are required to self-monitor shall have all samples collected and
45 analyzed and reported according to 40 CFR 403.12(g))and amendments thereto. Samples shall
46 be collected and analyzed during the period covered by the report and shall be representative of
-48-
1 conditions occurring.
2
3 1. Except as indicated in 2 and 3 below, the User shall collect wastewater
4 samples using 24-hour time proportional composite samples. Time proportional
5 composite sampling or grab sampling, must be representative of the discharge.
6
7 2. Samples for oil and grease,temperature,pH,cyanide,total phenols,sulfides
8 and volatile organic compounds must be obtained using grab collection techniques.
9
10 3. For sampling required in support of baseline monitoring and 90-day
11 compliance reports,a minimum of four(4)grab samples must be used for pH,cyanide,
12 total phenols, oil and grease, sulfide and volatile organic compounds for facilities for
13 which historical sampling data do not exist.For facilities for which historical sampling
14 data are available a reduced number of samples may be allowed. For self-monitoring
15 sampling,the User is required to collect the number of grab samples necessary to assess
16 and assure compliance with the limits.
17
18 H. All pollutant sampling techniques and analyses, to be submitted as part of a
19 discharge application or self-monitoring report shall be performed in accordance with the
20 techniques in 40 CFR Part 136 and amendments thereto unless otherwise prescribed in a
21 categorical pretreatment standard or in the User's Wastewater Discharge Permit.
22
23 I. All Users that are required to self-monitor shall submit and certify all records of
24 sampling that include the following information and documents:
25
26 1. The date, sampling location, method, and time of sampling(including the
27 time for each grab whether or not they are later composited into one or more samples)
28 and the names of the person or persons taking the samples;
29
30 2. The dates the analyses were performed;
31
32 3. Who performed the analyses;
33
34 4. The analytical techniques/methods used;
35
36 5. The results of such analyses;
37
38 6. A copy of the laboratory sample analysis sheet; and
39
40 7. A copy of the chain-of-custody form
41
42 These records shall remain available for a period of three (3) years. This period shall
43 automatically be extended for the duration of any litigation concerning the User,or where the
44 User has specifically been notified of a longer retention period by the General Manager.
45
46 J. All permitted Users that take more than one grab sample in a 24-hour period to
-49-
1 demonstrate compliance with oil and grease shall comply with the following conditions:
2
3 1. No single oil and grease grab sample shall exceed the User's permitted
4 instantaneous maximum limit for oil and grease at any time.
5
6 2. The average result from all individual oil and grease grab samples taken in a
7 twenty-four hour period shall not exceed the User's permitted limit for oil and grease.
8
9 K. All Users that are required to self-monitor shall report pollutant violations in any
10 required wastewater sample to the General Manager within 24 hours of becoming aware of the
11 violation.The reporting may be accomplished by a telephone call,electronic mail sent to a pre-
12 approved list of electronic mail addresses,telef of transmission, or a personal visit to SAWPA
13 and a Member Agency or a Contract Agency. The violation reporting shall contain the date and
14 time of the wastewater sample,the discharge flow rate or volume represented by the sample,a
15 possible explanation for the violation(s),proposed corrective action,and the date scheduled for
16 the required resample. Failure to report pollutant violations as stated shall constitute a violation
17 of this Ordinance and may subject the User to enforcement actions.
18
19 L. Any sample collected from a sample box,designated sampling station or other
20 representative sampling location shall be considered representative ofthe wastewater discharged
21 to the Brine Line or tributaries thereto.
22
23 M. All Users that are required to have flow measurement are required to take daily
24 24 hour readings of their wastewater effluent flow. The User shall report exceedances of their
25 daily permitted flow within 24 hours of discovering the violation. The reporting may be
26 accomplished by a telephone call,electronic mail sent to a pre-approved list of electronic mail
27 addresses,telefax transmission,or a personal visit to SAWPA,or a hand delivered notification
28 to SAWPA. The flow exceedance report shall have the total flow, the reason for the flow
29 exceedance,and the name of the person reporting the flow exceedance.This report shall also be
30 in compliance with Article 4 of this Ordinance. Failure to report flow exceedances as stated
31 shall constitute a violation of this Ordinance and may subject the User to enforcement actions.
32
33 N. All Users that have pollutant violations are required to resample their wastewater
34 discharge for the pollutant in violation. This resampling is required and is separate and
35 independent of any wastewater sampling performed by SAWPA or routine self-monitoring
36 required by the Wastewater Discharge Permit. All resamples shall be obtained and analyzed
37 according to 40 CFR 403.12(g). All laboratory analyses shall be performed by a laboratory
38 certified by the State of California, Department of Public Health, Environmental Laboratory
39 Accreditation Program as being competent to perform the pollutant analyses requested. The
40 laboratory results from this resample and all required forms shall be submitted to the General
41 Manager no later than thirty (30) days after the User discovers or becomes aware of the
42 violation. Failure to submit the laboratory results within the 30-day requirement will result in
43 enforcement action.Failure to submit the required report within forty five(45)days of the due
44 date results in a determination of Significant Noncompliance (SNC) for the User.
45
46
-50-
1 O. All Users, whose wastewater discharge is monitored by SAWPA, shall be
2 responsible for all resampling requirements contained in part (N) of this Section when a
3 pollutant violation is detected. SAWPA shall notify the User of the resampling requirements by
4 a telephone call,electronic mail sent to a pre-approved list of electronic mail addresses,telefax
5 transmission, or personal visit within twenty-four hours of confirming a pollutant or flow
6 violation.
7
8 P. All Users that desire to conduct their own wastewater sampling in lieu of a
9 certified contract laboratory shall submit a written plan describing the equipment used,
10 equipment cleaning methodology,employee training,sample preservation methods,and chain of
11 custody procedures. The User's wastewater sampling plan shall be approved by the General
12 Manager prior to the implementation of the plan. Any sample taken by a User without an
13 approved plan or from an unapproved laboratory shall not be valid,and may subject the User to
14 enforcement actions.
15
16 Q. All Users monitoring theirwastewater discharge forpollutants and characteristics
17 required for determining SAWPA use charges shall submit the sample results in the form of
18 self-monitoring reports as required in their Wastewater Discharge Permit. The frequency of
19 sampling,analysis,and reporting shall be set forth in the User's Wastewater Discharge Permit.
20 The analyses of the sample pollutants and characteristics shall be at the sole expense of the User.
21 Only sample analyses approved or performed by SAWPA shall be used in the determination of
22 the SAWPA use charge.
23
24 R. The User shall submit a written Contingency Plan that details alternatives to
25 discharging wastewater to the Brine Line during emergency situations in accordance with
26 Section 520.0.F of this Ordinance and the User's approved Waste Discharge Permit.
27
28 502.0INSPECTION.
29
30 A. The General Manager shall inspect the facilities of any Userusing the Brine Line
31 or tributaries thereto to ascertain whether all requirements of this Ordinance are being met.
32 Persons on the premises shall allow the General Manager and authorized OCSD personnel ready
33 access at all reasonable times to all parts of the premises for the purpose of inspection,sampling,
34 and records examination.
35
36 B. The User shall ensure that there is always a person on site, during normal
37 business hours, knowledgeable of the User's processes and activities to accompany the duly
38 authorized SAWPA representative(s)during the inspection.
39
40 C. The User shall provide immediate access when an emergency exists,regardless
41 of the hour of the day.
42
43 D. All pretreatment equipment shall be immediately accessible at all times for the
44 purpose of inspection. At no time shall any material,debris,obstacles or obstructions be placed
45 in such a manner that will prevent immediate access to the pretreatment equipment.
46
-51-
1 E. No Person shall interfere with, delay, resist or refuse entrance to the General
2 Manager when attempting to inspect any facility involved directly or indimetlywith a discharge
3 of wastewater to the Brine Line or tributaries thereto.
4
5 F. Where a User has security measures in force which would require proper
6 identification and clearance before entry into the premises, the User shall make all necessary
7 arrangements with the User's security personnel so that, upon presentation of suitable
8 identification,personnel from SAWPA or duly authorized personnel from SAWPA or OCSD
9 will be permitted to enter, without delay, for the purpose of performing their specific
10 responsibilities.
11
12 G. The User shall make available for copying by the General Manager all records
13 required to be kept under the provisions of this Ordinance.
14
15 503.0 INSPECTION WARRANTS. If the General Manager has been refused access to a
16 building,structure,or property,or any part thereofwith a wastewater discharge to the Brine Line
17 or tributaries thereto,and is able to demonstrate cause to believe that there maybe a violation of
18 this Ordinance, or that there is a need to inspect or sample the User's facilities as part of a
19 routine inspection and sampling program of SAWPA designed to verify compliance with this
20 Ordinance or anypermit or order issued hereunder,or to protect the overall public health,safety
21 and welfare of the community, then the General Manager may seek issuance of an inspection
22 warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section
23 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency
24 affecting the public health or safety, an inspection may be performed without consent or the
25 issuance of a warrant.
26
27 504.0 RECORD KEEPING. All Users shall keep records of waste hauling, reclamations,
28 wastewater pretreatment,monitoring device recording charts and calibration reports, effluent
29 flow, and sample analysis data and any documentation associated with Best Management
30 Practices established on the site of the wastewater generation. All these records are subject to
31 inspection and shall be copied as needed. All records must be kept on the site of wastewater
32 generation for a minimum period of three years. The records retention period maybe extended
33 beyond three years in the event criminal or civil action is taken or an extensive company history
34 is required.
35
36 505.0 FLOW MEASUREMENT.All Direct Dischargers shall install a continuous monitoring
37 flow meter capable of measuring industrial wastewater discharged to the Brine Line or
38 tributaries thereto. The User shall maintain an effluent flow log sheet and record the effluent
39 flow on a daily basis. The flow measurement device shall conform to standards issued by the
40 General Manager. The User shall report to the General Manager the type and size of the flow
41 meter. The flow meter shall be equipped with a non-resetting flow totalizer. All flow meters
42 shall be calibrated as often as necessary,but at no less frequent than annually. All new meters
43 shall be selected and installed to ensure accuracy of the actual flow discharged within plus or
44 minus two (2)percent as determined at the time of calibration. All existing and replacement
45 meters shall ensure an accuracy of the actual flow discharged within plus or minus five (5)
46 percent. All flow meter installations shall have posted in a conspicuous place,the flow meter's
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1 size, type, totalizer units, and flow multipliers. The User shall immediately report to the
2 General Manager any flow meter malfunction or anomaly, and shall not attempt to repair or
3 replace the meter without the General Manager's prior written approval.
4
5 A. Flow Measurement System Design and Installation
6
7 1. Design. Design of flow measurement installations shall be performed under
8 the supervision of a California registered professional engineer of suitable discipline
9 competent in this field. Design and construction drawings and calculations shall be
10 stamped with the authorized seal of the supervising professional engineer and signed in
11 accordance with state law, to indicate review and approval of the work. Detailed
12 construction drawings for any new or significantly modified discharge flow
13 measurement system must be submitted for approval prior to any construction. These
14 drawings must show relevant slopes, elevations and locations of piping, types and
15 locations of instrumentation, details of flow measurement elements, estimated flow
16 range (maximum, minimum and average), and details of upstream and downstream
17 piping, structures, and devices which could influence flow conditions. Manufacturer's
18 calculations,catalog cuts and data sheets must be included with construction drawings
19 for any manufactured equipment to be installed as part of the flow measurement system.
20 Complete rating data and calculations shall be submitted for any engineered flow
21 measurement device.
22
23 2. Primary Measurement Devices. Both open channel (flume, weir) and
24 closed-pipe(magnetic)flow measurement systems are acceptable.Magnetic flow meters
25 are preferred for industries that have difficulty maintaining open channel flow
26 measurement.Any flow measurement element that is adversely affected by wastewater
27 characteristics is prohibited.Flow measurement devices shall be installed downstream
28 of final pretreatment facilities and as close as possible to the point of connection with
29 the Brine Line. Above-ground flow measurement installations may require a platform
30 for automatic samplers so that the top of the sampler will be higher than the water level
31 in the primary element.Because it is difficult to set automatic samplers for pressurized
32 closed pipe systems,use of a well-mixed side stream through an open channel device
33 (i.e. a sample box) may be required. To function correctly, flumes and weirs must be
34 properly installed in accordance with dimensional specifications.Additionally,flumes
35 must be set level with smooth joints where the influent pipe meets the maintenance
36 access structure or vault channel. To ensure accuracy of an open channel flow
37 measurement system, the upstream channel must be designed to prevent excessive
38 velocity and turbulence, while the downstream channel must be designed to prevent
39 excessive submergence and backflow.
40
41 3. Any additional monitoring equipment must not adversely affect hydraulics of
42 the open channel element.All open channel installations below grade must be directly
43 beneath the vault or maintenance access structure access cover to facilitate inspections
44 and field checks. All open channel installations at or above grade must have a staff
45 gauge for accuracy checks. Closed pipe meters must be appropriate for the type of
46 wastewater and range of flow rates,and must be installed to flow full at all times
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1 506.INTERCEPTOR REQUIREMENTS.All Users required to install a gravity separation
2 interceptor shall comply with the following conditions:
3
4 A. All interceptor chambers shall be immediately accessible at all times for the
5 purpose of inspection,sampling,cleaning,and maintenance. The User shall provide a separate
6 ring and cover for each separate interceptor chamber and any additional covers to insure
7 adequate cleaning capabilities. All rings shall be affixed to the interceptor to insure a gas and
8 water tight seal. At no time shall any material,debris,obstacles or other obstructions be placed
9 in such a manner that will prevent immediate access to the interceptor.
10
11 B. Any interceptor legally and properly installed before August 21, 2007, the
12 effective date of Ordinance No. 5 shall be acceptable as an alternative to the interceptor
13 requirements of this Ordinance. The interceptor shall be effective in removing floatable and
14 settleable material and shall be immediately accessible for inspection,sampling,cleaning,and
15 maintenance.
16
17 C. All drains and openings connected to an approved gravity separation interceptor
18 shall be equipped with screens or devices which will exclude from the wastewater discharge all
19 material and particles with a cubic dimension greater than one-half(1/2)of an inch.
20
21 D. All gravity separation interceptors shall be equipped with an influent tee
22 extending no more than six inches below the operating fluid level of the interceptor. The
23 interceptor shall also have tees extending to within 12 inches of the bottom at the exit side of
24 each chamber in the interceptor,including the final chamber. In a case where a manufacturer's
25 engineered interceptor design is contrary to this requirement,the General Manager shall review
26 the design and either approve or deny an exemption to this requirement.
27
28 E. All interceptors shall be equipped with a sample box or sample wye as
29 determined by the General Manager.
30
31 F. No User shall install or use any elbows or tees in any interceptor sample box.
32
33 G. If the General Manager finds that an interceptor is incapable of adequately
34 retaining Bearable and settleable material in the wastewater flow,is structurally inadequate or is
35 undersized for the facility,the General Manager shall reject such interceptor and declare that the
36 interceptor does not meet the requirements of this Section. The User shall thereupon be required
37 to install, at the User's expense, an interceptor that is acceptable to the General Manager.
38
39 507.0 STANDARD INTERCEPTOR DESIGNS.The General Manager will maintain a file,
40 available to the public, of suitable designs of gravity separation interceptors. This file will be
41 for informational purposes only and shall not provide or imply any endorsements of any kind.
42 Installation of an interceptor of a design shown in this file, or of any design meeting the size
43 requirements set forth in this Ordinance shall not subject SAWPA to any liability for the
44 adequacy of the interceptor under actual conditions of use. The User shall not be relieved of the
45 responsibility for keeping floatable and settleable material out of the Brine Line or tributaries
46 thereto.
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1 508.0 INTERCEPTOR MAINTENANCE.
2
3 A. Any User who owns or operates a gravity separation interceptor shall properly
4 maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to
5 ensure that sediment and floating materials do not accumulate to impair the efficiency of the
6 interceptor and odors do not accumulate which would cause a public nuisance. An interceptor is
7 not considered to be properly maintained, if for any reason the interceptor is not in good
8 working condition or if the operational fluid capacity has been reduced by more than 25%by the
9 accumulation of floating material, sediment, oils or greases.
10
11 B. The use of chemicals or other materials for the emulsification, suspension, or
12 dissolution of oil and grease is prohibited.
13
14 C. The use of microbiological agents to metabolize oil and grease or other
15 constituents, shall be reviewed for approval on a case-by-case basis. The User shall submit a
16 written request to the General Manager for the use of a microbiological agent prior to the use of
17 that agent.
18
19 D. When an interceptor is cleaned, the removed sediment, liquid and floating
20 material shall be legally disposed of other than to the Brine Line or tributaries thereto and shall
21 not be reintroduced into the interceptor or discharged into another interceptor at another location
22 not designed and permitted to accept such waste.
23
24 E. If the interceptor is not maintained adequately under the conditions of use,the
25 interceptor may be resized and the User shall install one that is effective in accomplishing the
26 intended purpose.
27
28 F. The User required to install an interceptor, is liable for any failure to properly
29 maintain such interceptor.
30
31 509.0 LIQUID WASTE HAULERS.All liquid waste haulers shall complywith all permitting
32 and disposal procedures as established by this Ordinance and pay all applicable fees established
33 by resolution. All liquid waste haulers shall obtain all other applicable permits required by city,
34 county or state agencies. All liquid waste haulers shall also abide by the following requirements
35 and conditions:
36
37 A. If any liquid waste hauler's load is determined to be hazardous pursuant to
38 applicable federal, state, or local regulations, then the liquid waste hauler shall be required to
39 remain at SAWPA's Brine Line Collection Station. The liquid waste hauler shall then make
40 arrangements for the legal disposal of the load. If the liquid waste hauler refuses to remain on
41 site,the General Manager shall notify the appropriate law enforcement agency to respond to this
42 violation.
43
44 B. Prior to any discharge to a SAWPA Brine Line Collection Station,all liquid waste
45 manifest forms shall be completed in full,approved and signed by SAWPA's General Manager
46 or his/her designated representative,or otherwise approved by an automated attendant before any
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I load is allowed to be discharged into SAWPA's Brine Line Collection Station. Brine Line
2 Collection Stations with less than full time staffing shall be provided with appropriate and
3 SAWPA-approved automation and procedural safeguards as specified in the disposal site permit
4
5 C. Falsification by a liquid waste hauler of any information in any permit
6 application,hauler's report or manifest,or correspondence shall be a violation of this Ordinance
7 and may result in termination,revocation or suspension of the liquid waste hauler permit and all
8 discharge privileges.
9
10 D. All reports and records required to be retained by this Ordinance, shall be
11 retained for a minimum of three years and shall be made available to the General Manager
12 immediately upon request.
13
14 E. All liquid waste haulers shall pay all applicable fees and charges. Failure to pay
15 any applicable fee or charge shall be a violation of this Ordinance and shall be cause for the
16 General Manager to suspend all waste discharge privileges until all applicable fees and charges
17 have been paid.
18
19 F. Contents of septic tanks,seepage pits,cesspools,or any other similar receptacles,
20 which contain no industrial waste, shall not be disposed of at SAWPA's Brine Line Collection
21 Station.
22
23 G. All liquid waste haulers operating within SAWPA's jurisdiction or tributaries
24 thereto, shall provide documentation as to the origin of the wastes hauled prior to discharging
25 into SAWPA's Brine Line Collection Stations. The origin of the waste means the physical
26 address from where the wastes were generated and,if different,the physical address from where
27 the wastes were obtained.
28
29 H. If the waste hauled by a liquid waste hauler is found unacceptable for discharge
30 into a SAWPA Brine Line Collection Station and is not classified as hazardous,then the liquid
31 waste hauler shall dispose of the wastes at a non-SAWPA legal disposal site. The liquid waste
32 hauler shall provide SAWPA with a copy of the waste hauler's manifest documenting the legal
33 disposal of the rejected wastes within fourteen(14)days from the date the waste was rejected.
34 As an alternative,the liquid waste hauler may return the rejected waste to the generator of such
35 rejected wastes for additional pretreatment,and the liquid waste hauler may return to a SAWPA
36 Brine Line Collection Station or another legal disposal site for discharge.The waste hauler shall
37 also provide SAWPA with a manifest documenting such alternative action. Failure to provide
38 verifiable documentation shall constitute a violation of this Ordinance and may result in
39 termination, revocation or suspension of the liquid waste hauler permit and all discharge
40 privileges.
41
42 I. No liquid waste hauler shall use any temporary, stationary, or mobile liquid
43 storage device in an attempt to mix or dilute any rejected load in order to achieve
44 compliance.
45
46
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1 1. Except as allowed in Section 509, Paragraph H., no liquid waste hauler shall
2 dispose of any rejected load into any septic tank,cesspool, seepage pit or similar devices, any
3 grease interceptor or trap, any storm drain, any collection system opening except those
4 authorized in writing by the General Manager, or return the rejected load back to the site of
5 origin
6
7 K. Liquid waste haulers are prohibited from discharging domestic waste into the
8 Brine Line or tributaries thereto.No liquid waste hauler shall mix industrial waste and domestic
9 septic wastes in an attempt to discharge the mixture to a SAWPA Brine Line Collection Station.
10
11 L. No liquid waste hauler shall discharge or cause to be discharged any material
12 defined as hazardous by RCRA.
13
14 M. Any authorized SAWPA employee, authorized representative or contract
15 employee shall have the authority to order the immediate cessation of the discharge from any
16 liquid waste hauler truck into a Brine Line Collection Station. Such order shall be based on the
17 employee,authorized representative or contract employee's best professional judgment that said
18 discharge maybe in violation of any applicable condition of this Ordinance ormayotherwise be
19 harmful to the operation of the Brine Line or tributaries thereto, OCSD's POTW or its
20 employees.
21
22 N. Any liquid waste hauler determined to be in violation of this Section may be
23 prohibited from future liquid waste disposal at a Brine Line Collection Station.
24
25 510.0 USE OF AND DAMAGE TO SAWPA EQUIPMENT OR FACILITIES.
26
27 A. No Person shall enter,break, damage, destroy,uncover, alter, change,modify,
28 deface or tamper with any temporary or permanent structure,equipment,or appurtenance which
29 is part of SAWPA's Brine Line without prior written approval by the General Manager.
30
31 B. Any Person who discharges or causes or contributes to the discharge of any
32 wastewater or materials which cause any obstruction, Interference, damage, or any other
33 impairment to the Brine Line,OCSD's POTW,or any other damages,including the imposition
34 of fines or penalties by state, federal or other regulatory agencies against SAWPA, shall be
35 liable to SAWPA for all fines, penalties, damages, legal expenses, attorney's fees,
36 administrative and overhead costs. An administrative fee of ninety(90)percent of SAWPA's
37 repairs and personnel costs shall be added to these charges. All charges shall be payable to
38 SAWPA within thirty(30) days of invoicing by SAWPA.
39
40 511.0 SEPARATION OF DOMESTIC AND INDUSTRIAL WASTE. Any User who
41 discharges industrial wastewater to Brine Line or tributaries thereto shall separate domestic
42 wastewater from all industrial wastewater until the industrial wastewater has passed through all
43 required pretreatment equipment or devices, and the User's industrial wastewater sample
44 point(s). For existing Categorical Industrial Users and Significant Industrial Users which cannot
45 separate the domestic wastes from the industrial wastes prior to a permitted sampling point,the
46 Combined Wastestream Formula shall be applied to determine applicable discharge limitations.
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1 512.0 LIMITATIONS ON WASTEWATER STRENGTH. No Person shall discharge
2 industrial wastewater into the Brine Line or tributaries thereto unless the wastewater conforms
3 to all of the pollutant limitations and requirements of this Ordinance and related SAWPA
4 resolutions. Pollutant limitations shall be revised and adopted by resolution as necessary to
5 ensure compliance with OCSD's POTW effluent and biosolids reuse. For Categorical Industrial
6 Users,the following options exist:
7
8 A. Where a categorical pretreatment standard is expressed in terns of either the
9 mass or the concentration of a pollutant in wastewater, the General Manager may impose
10 equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
11
12 B. When wastewater subject to a categorical pretreatment standard is mixed with
13 wastewater not regulated by the same standard,the General Manager shall impose an alternate
14 limit using the Combined Wastestream Formula.
15
16 C. A variance from a categorical pretreatment standard may be issued if the User
17 can prove,pursuant to the procedural and substantive provisions in 40 CFR 403.13,that factors
18 relating to its discharge are fundamentally different from the factors considered by the EPA
19 when developing the categorical pretreatment standard.
20
21 513.0 LOCAL LIMITS.The General Manager shall implement pollutant limitations developed
22 as Local Limits by OCSD pursuant to 40 CFR 403.5(c)and 403.8(f)(4)and amendments thereto,
23 and as Local Limits and Best Management Practices to protect the operation of the Brine Line
24 and prevent SSOs. These limitations are necessary to assure compliance with the OCSD's
25 NPDES permit, including the prohibition against Pass Through of any pollutants that cause a
26 violation of the permit or cause Interference with the POTW, and compliance with SWRCB
27 adopted Order No. 2006-003,a General Waste Discharge Requirement(WDR)for all publicly
28 owned sanitary sewer collection systems in California with more than one (1) mile of sewer
29 pipe. The pollutant limitations may be allocated among industrial user classes or individual
30 users as uniform concentration limits,or as the ratio of the total mass per User,or as a selected
31 industry reduction, or by such other method considering factors such as persistence of the
32 pollutant,equity,treatment feasibility,economic feasibility,and economics of scale,pollution
33 prevention and waste minimization measures,anticipated growth and enforcement feasibility.
34 Customer specific allocations at current POTW loadings may be created for public health
35 facilities providing a life saving service or procedure so long as the pollutant discharged will not
36 contribute to Pass Through, Interference or other violation of the OCSD's NPDES permit.
37 These pollutant limitations shall be continually developed as necessary and shall be adopted by
38 resolution. Specific pollutant limits shall not be developed and enforced without individual
39 public notice to affected Persons or Users.
40
41 514.0 PRETREATMENT OF INDUSTRIAL WASTEWATERS.All Users shall:
42
43 A. Provide wastewater pretreatment,as required,to comply with this Ordinance and
44 any applicable SAWPA resolution.
45
46
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1 B. Wastewater Discharge Permit conditions and requirements may be appealed in
2 writing to the General Manager within ten(10)business days after the issuance date.The written
3 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
4 written appeal shall be addressed by the General Manager within thirty(30)business days from
5 the date of filing of the written appeal and may hold an appeal hearing with the Permittee. The
6 General Manager shall issue a final written determination on the appeal within forty-five(45)
7 business days from the date of filing of the written appeal. Any User aggrieved by the final
8 decision issued by the General Manager under this Section may seek an appeal to the SAWPA
9 Commission by filing an appeal within ten (10) business days following the service of the
10 General Manager's final written determination on the appeal. The written appeal to the
11 Commission shall state all of the facts and reasons that constitute the basis for such an appeal.
12 Failure to file such an appeal within that ten (10) business day deadline shall be deemed a
13 waiver of the appeal process.
14
15 C. Wastewater Discharge Permit conditions and requirements may be appealed in
16 writing to the General Manager within ten(10)business days after the issuance date.The written
17 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
18 written appeal shall be addressed by the General Manager within thirty(30)business days from
19 the date of filing of the written appeal and may hold an appeal hearing with the Permittee. The
20 General Manager shall issue a final written determination on the appeal within forty-five(45)
21 business days from the date of filing of the written appeal. Any User aggrieved by the final
22 decision issued by the General Manager under this Section may seek an appeal to the SAWPA
23 Commission by filing an appeal within ten (10) business days following the service of the
24 General Manager's final written determination on the appeal. The written appeal to the
25 Commission shall state all of the facts and reasons that constitute the basis for such an appeal.
26 Failure to file such an appeal within that ten (10) business day deadline shall be deemed a
27 waiver of the appeal process.
28
29 D. Wastewater Discharge Permit conditions and requirements may be appealed in
30 writing to the General Manager within ten(10)business days after the issuance date.The written
31 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
32 written appeal shall be addressed by the General Manager within thirty(30)business days from
33 the date of filing of the written appeal and may hold an appeal hearing with the Permittee. The
34 General Manager shall issue a final written determination on the appeal within forty-five(45)
35 business days from the date of filing of the written appeal. Any User aggrieved by the final
36 decision issued by the General Manager under this Section may seek an appeal to the SAWPA
37 Commission by filing an appeal within ten (10) business days following the service of the
38 General Manager's final written determination on the appeal. The written appeal to the
39 Commission shall state all of the facts and reasons that constitute the basis for such an appeal.
40 Failure to file such an appeal within that ten (10) business day deadline shall be deemed a
41 waiver of the appeal process.
42
43 E. Whenever deemed necessary,the General Manager may require Users to restrict
44 their wastewater discharge,relocate and/or consolidate points of discharge, separate domestic
45 wastestreams from industrial wastestreams, and other such conditions as may be necessary to
46 protect OCSD's POTW and determine the User's compliance with the requirements of this
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I Ordinance.
2
3 F. Notify the General Manager of any pretreatment equipment failure within 24-
4 hours of discovering the failure. The notification may be made by a telephone call, telefax
5 transmission,personal visit to SAWPA's office,or a hand delivered notification to SAWPA's
6 office.
7
8 515.0 UNAUTHORIZED MONITORING AND PRETREATMENT EQUIPMENT
9 MODIFICATIONS. No User shall knowingly falsify, tamper with, or render inaccurate any
10 monitoring device or any pretreatment equipment or device. Such falsification,tampering,or
11 inaccuracy will be considered a violation of this Ordinance and will subject the User to
12 enforcement actions.
13
14 516.0 PRETREATMENT EQUIPMENT BYPASS.No User shall bypass any pretreatment
15 equipment or device unless the bypass is necessary to prevent loss of life,personal injury,and
16 severe property damage or when no feasible alternative exists. The User may allow the bypass
17 to occur provided that it does not cause pollutant limitation violations and is necessary to
18 perform essential maintenance to insure adequate operation of the pretreatment equipment or
19 devices. The General Manager may approve an anticipated bypass,after considering its adverse
20 effects,if the General Manager determines that it will meet the three conditions listed in 40 CFR
21 403.17(d)(1).Notification of the bypass shall comply with the following conditions:
22
23 A. Anticipated bypass: The User shall submit a written notice to the General
24 Manager at least ten(10)days before the date of the scheduled bypass.
25
26 B. Unanticipated bypass: The User shall notify the General Manager immediately
27 upon leaming that any pretreatment equipment or device has been bypassed. The User shall
28 submit a written report to the General Manager within five(5)working days. The report shall
29 include:
30
31 1. A description of the bypass, the cause of the bypass,and the duration of the
32 bypass;
33
34 2. If the bypass was corrected; and
35
36 3. The actions taken or proposed to reduce or prevent a reoccurrence of the
37 bypass.
38
39 517.0 PROHIBITED DISCHARGE OF RECOVERED PRETREATMENT WASTE.No
40 Person shall discharge waste recovered from pretreatment equipment, systems,or devices into
41 the Brine Line or tributaries thereto without authorization and permits from SAWPA and/or
42 other regulatory agencies having jurisdiction over the discharge of the waste. All recovered
43 pretreatment waste shall be disposed of in accordance with all applicable federal,state,county,
44 and local laws and regulations.
45
46
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1 518.0 INDUSTRIAL USER MODIFICATIONS.All permitted Industrial Users shall report
2 proposed changes in their operations to the General Manager for review thirty(30)days prior to
3 initiation of the changes. The reporting shall be done in writing from the authorized
4 representative of the permitted Industrial User. For the purposes of this section"changes"shall
5 include any of the following:
6
7 A. A sustained twenty(20)percent increase or decrease in the industrial wastewater
8 flow discharged or in production capacity.
9
10 B. Additions,deletions or changes to processes or equipment.
11
12 C. Experimentation with new processes and/or equipment that will affect the
13 quantity or quality of the wastewater discharged.
14
15 519.0 SPILL CONTAINMENT SYSTEMS. Spill containment systems,as may be required,
16 shall conform to requirements established by the General Manager. These requirements may
17 include,but not be limited to,the following:
18
19 A. No User shall operate a spill containment system that allows incompatible
20 substances to mix and thereby creating a hazardous or toxic substance in the event of a failure of
21 one or more containers.
22
23 B. Spill containment systems shall consist of a system of dikes, walls, barriers,
24 berms, or other devices designed to contain spillage of the liquid contents of containers.
25
26 C. Spill containment systems shall be constructed ofmaterials that are impermeable
27 and non-reactive to the liquids being contained.
28
29 D. Spill containment systems shall conform to local regulations and policies as to
30 percent containment, container type, size, outdoor covering, and the length of time spilled
31 material may remain in the spill containment system.
32
33 E. At no time shall a User use a spill containment system for the storage of waste
34 other than from a spill.
35
36 520.0 FACILITY WASTE MANAGEMENT PLAN.All permitted Industrial Users shall be
37 required to develop and maintain a Facility Waste Management Plan (FWMP). The FWMP
38 may consist of the following documents:
39
40 A. TOXIC ORGANIC MANAGEMENT PLAN(TOMP).A TOMP is required
41 of all Categorical Industrial Users which are permitted to submit a TOMP in lieu of required
42 pollutant monitoring. SAWPA reserves the right to require Total Toxic Organic monitoring of
43 all Users allowed to submit a TOMP.
44
45
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I B. SLUG DISCHARGE PREVENTION CONTROL PLAN (SDPCP). A
2 SDPCP is required of Industrial Users as determined by the General Manager.Considerations to
3 determine the need for a SDPCP include the use of Batch Discharges to dispose of wastewater,
4 stored chemicals or materials,or the potential for a Slug Discharge which,if discharged to the
5 Brine Line or tributaries thereto,would violate any of the prohibited discharge requirements of
6 this Ordinance.A SDPCP showing facilities and operation procedures to provide this protection
7 shall be submitted to the General Manager for review and approval before implementation.
8
9 Any User required to develop and implement an SDPCP shall submit an SDPCP which
10 addresses, at a minimum the following:
11
12 (a)Description of discharge practices, including non-routine batch discharges;
13 (b)Description of stored chemical;
14 (c) Procedures for immediately notifying SAWPA of any accidental or slug discharge.
15 Such notification must also be given for any discharge which would violate any of the
16 standards set forth in this ordinance and any local, state or federal regulations; and
17 (d) Procedures to prevent adverse impact from any accidental or slug discharge. Such
18 procedures include,but are not limited to inspection and maintenance of storage areas,
19 handling and transfer ofmaterials,loading and unloading operations,control of plant
20 site runoff, worker training, building of containment structures or equipment,
21 measures for containing toxic organic chemicals(including solvents),and/or measures
22 and equipment for emergency response.
23
24 Each User shall implement its SDPCP as submitted or modified after such plan has been
25 reviewed and approved by the General Manager. Review and approval of such plans and
26 operations procedures by the General Manager shall not relieve the User from the responsibility
27 to modify its facility as necessary to meet the requirements of this ordinance
28
29 C. PRETREATMENT SYSTEMS OPERATIONS AND MAINTENANCE
30 MANUAL. Such a manual shall be maintained on site by all Industrial Users operating and
31 maintaining pretreatment equipment for the removal ofpollutants from wastewater.The General
32 Manager may require the Industrial User submit the manual
33
34 D. HAZARDOUS MATERIALS AND HAZARDOUS WASTE
35 MANAGEMENT PLAN. Such a plan is required of all Industrial Users that use or possess
36 hazardous materials or generate hazardous waste. A city or county Fire Department-required
37 Business Emergency Plan may be substituted for this management plan.
38
39 E. WASTE MINIMIZATION/POLLUTION PREVENTION PLAN
40 (WM/PPP).
41
42 1. A WASTE MINIMIZATION/POLLUTION PREVENTION PLAN
43 (WM/PPP) is required of any Industrial User:
44
45 a. For whom the General Manager has determined such WM/PPP is
46 necessary to achieve a water quality objective;
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1
2 b. Determined by the State or Regional Board to be a chronic violator,and
3 the State or Regional Board or SAWPA's General Manager determines that a
4 WM/PPP is necessary, or
5
6 c. That significantly contributes, or has the potential to significantly
7 contribute,to the creation of a toxic hot spot as defined in Water Code Section
8 13391.5.
9
10 2. A WM/PPP required of an Industrial User shall include all of the following:
11
12 a. An analysis of one or more of the pollutants, as directed by the State
13 Board,Regional Board,or SAWPA,that the User discharges to the Brine Line
14 or tributaries thereto, description of the sources of the pollutants, and a
15 comprehensive review of the processes used by the User that result in the
16 generation and discharge of the pollutants.
17
18 b. An analysis of the potential for pollution prevention to reduce the
19 generation of the pollutants, including the application of innovative and
20 alternative technologies and any adverse environmental impacts resulting from
21 the use of those methods.
22
23 c. A detailed description of the tasks and time schedules required to
24 investigate and implement various elements of pollution prevention techniques.
25
26 d. A statement of the User's pollution prevention goals and strategies,
27 including priorities for short-tern and long-term action.
28
29 e. A description of the User's existing pollution prevention methods.
30
31 f. A statement that the User's existing and planned pollution prevention
32 strategies do not constitute cross media pollution transfers unless clear
33 environmental benefits of such an approach are identified to the satisfaction of
34 SAWPA and information that supports that statement.
35
36 g. Proof of compliance with the Hazardous Waste Source Reduction and
37 Management Review Act of 1989 (article 11.9 (commencing with Section
38 25244.12) of Chapter 6.5 of Division 20 of the Health and Safety Code) if the
39 User is also subject to that act.
40
41 h. An analysis,to the extent feasible,of the relative costs and benefits of the
42 possible pollution prevention activities.
43
44 i. A specification of, and rationale for, the technically feasible and
45 economically practicable pollution prevention measures selected by the User for
46 implementation.
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1
2 3. Any User who fails to complete a WM/PPP requiredby SAWPA or the State
3 or Regional Board, submits a plan that does not comply with this Section, or fails to
4 implement a plan required by SAWPA or the State or Regional Board,shall be liable to
5 SAWPA for any civil penalty assessed administratively by SAWPA or by a court in
6 accordance with this Ordinance, including any attorneys fees incurred by SAWPA.
7
8 F. EMERGENCY CONTACT LIST AND CONTINGENCY PLAN. All Users
9 are required to submit,and retain a copy on-site,a contingency plan that details the actions that
10 will be taken in the event of an emergency or other event that causes SAWPA or the Control
11 Authority to shut down the Brine Line. Said Plan shall include, but is not limited to the
12 following:
13
14 1. A list of names and telephone numbers of emergency contacts that can be
15 reached 24 hours a day (shall be provided to SAWPA semi-annually in January and
16 June).
17
18 2. A written plan(updated and provided to SAWPA annually in January)that
19 describes all available alternatives to discharging to the Brine Line, including on-site
20 storage, hauling, ceasing the discharge, or directing all wastewater flows to a local
21 POTW.
22
23 521.0 FEDERAL CATEGORICAL PRETREATMENT STANDARDS.All Industrial Users
24 subject to a National Categorical Pretreatment Standard shall comply with all requirements of
25 such standard, and shall also comply with any limitation contained in this Ordinance. The
26 National Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N and
27 amendments thereto are hereby incorporated herein by reference. Where duplication of the
28 same pollutant limitation exists,the limitation which is more stringent shall prevail.
29
30 522.0 NOTICE OF POTENTIAL PROBLEMS TO POTW. All Users shall immediately
31 notify SAWPA of all wastewater discharges that could cause a problem at OCSD's POTW or in
32 the Brine Line or tributaries thereto, including any slug loadings of any material. Wastewater
33 discharges that may cause a problem at OCSD's POTW or the Brine Line or tributaries thereto
34 include, but are not limited to, acids, alkalis, oils, greases, high strength organic waste,
35 hazardous materials and waste, colored wastes,and batch discharges. All Users shall provide
36 the General Manager,within five(5)business days from the incident,a written report detailing
37 the cause of the discharge and the corrective actions taken to prevent a recurrence.Anotice shall
38 be permanently posted at a prominent location at the User's facility advising employees and
39 listing the emergency call contact name and numbers in the event of a wastewater discharge that
40 could cause a potential problem. Employees who could cause or become aware of such a
41 discharge shall be advised of the emergency notification procedure.
42
43 523.0 WRITTEN RESPONSES. All Users required to provide written response to any
44 correspondence,order,or notice from the General Manager,shall do so in accordance with the
45 date specified in the correspondence,order,or notice. Failure to provide the written response by
46 the date requested shall constitute a violation of this Ordinance and may subject the User to
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1 enforcement actions.
2
3 524.0 FALSIFYING INFORMATION.Any User who knowingly makes any false statement,
4 representation, or certification in any record, report, correspondence, or other document
5 submitted or required to be maintained under this Ordinance,including monitoring reports and
6 records,or reports of compliance or noncompliance shall be in violation of this Ordinance and
7 may subject the User to enforcement actions.
8
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I ARTICLE 6
2 ENFORCEMENT
3
4 600.0 PURPOSE AND SCOPE. SAWPA's Commission finds that in order for SAWPA to
5 comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies and to
6 ensure that SAWPA's and OCSD's sewerage facilities and treatment processes are protected and
7 are able to operate with the highest degree of efficiency, and to protect the public health and
8 environment, specific enforcement provisions must be adopted to govern the discharges to the
9 Brine Line and tributaries thereto by permitted Users.
10
11 601.0 ENFORCEMENT RESPONSE PLAN (ERP). To the extent required by law or
12 agreement, SAWPA will use an Enforcement Response Plan (ERP), as required by 40 CFR
13 403.8(f)(5)to coordinate enforcement actions against Users and Persons in noncompliance with
14 this Ordinance.To the extent that there is any conflict between the ERP and this Ordinance,this
15 Ordinance shall take precedence.
16
17 602.0 ADMINISTRATIVE VIOLATIONS.There is hereby established a class of violations
18 to be known as Administrative Violations that are further subdivided into minor and major
19 administrative violations as follows:
20
21 A. Minor Administrative Violations include,but are not limited to,the following:
22
23 1. Submission of incomplete reports or questionnaires;
24
25 2. Failure to submit reports by the scheduled due date;
26
27 3. Failure to respond and submit to questionnaires;
28
29 4. Missing a compliance date without proper prior notification to SAWPA;
30
31 5. Failure to conduct sampling, including self-monitoring,when required;
32
33 6. Failure to notify the General Manager of a violation of permit conditions
34 within one (1)working day of the discovery of the violation; or
35
36 7. Failure to pay all required fees,penalties and charges within forty-five(45)
37 days from the due date.
38
39 B. Major Administrative Violations include,but are not limited to,the following:
40
41 1. Failure to notify the General Manager of a Slug Discharge immediately after
42 discovery of said discharge;
43
44 2. Failure to respond,by scheduled due date,to letters requiring responses orto
45 administrative orders;
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1 3. Missing a compliance date by more than forty-five(45) days;
2
3 4. Falsification of documents or attempting to mislead SAWPA or OCSD in
4 any manner whatsoever;
5
6 5. Failure to cooperate with SAWPA or contracted employees exercising their
7 authority under this Ordinance, including monitoring and inspection activities;
8
9 6. A pattern of minor administrative violations;
10
11 7. Failure to allow entry to authorized SAWPA employees, agents, OCSD
12 employees,or contracted employees,in the course of their job,onto the User's property;
13
14 8. Failure to produce records as required;
15
16 9. Failure to accurately report noncompliance;
17
18 10. Failure to submit required reports (self-monitoring, baseline monitoring
19 report,90-day compliance report,Compliance Schedule progress reports)or submitting
20 such reports more than forty-five (45)days late;
21
22 11. Failure to paypursuant to Section 304.0 of this Ordinance,permit application
23 fees,permit renewal fees,charges,or Administrative Penalties within sixty(60)days of
24 due date;
25
26 12. Intentional discharge of a prohibited waste by a Liquid Waste Hauler into the
27 Brine Line or tributaries thereto; or
28
29 13. Wastewater discharge without a valid Wastewater Discharge Permit after
30 notification.
31
32 C. Upon notice of appropriate mitigating circumstances and consistent with
33 applicable federal and state laws, the General Manager has sole discretion to treat a major
34 administrative violation as a minor administrative violation,or a pattem ofminor administrative
35 violations with aggravating circumstances as a major administrative violation.
36
37 603.0 VIOLATIONS OF DISCHARGE LIMITATIONS.
38
39 A. There is hereby established a class of violations to be known as discharge
40 violations that are further subdivided into minor and major discharge violations as follows:
41
42 1. Minor discharge violations are those that,either alone or in combination with
43 similar user discharge violations, pose, as determined by the General Manager, no
44 significant threat to the public health,safety or welfare,the environment,the Brine Line
45 or tributaries thereto,OCSD's POTW or to any SAWPA employee or contractor.
46
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1 2. Major discharge violations may include,but are not limited to,the following:
2
3 a. As determined by Significant Noncompliance criteria in 40 CFR
4 403.3(I);
5
6 b. Discharge violations which,either alone or in combination with similar
7 discharges pose, as determined by the General Manager, a significant threat to
8 the public health, welfare or safety, the environment, the safe and efficient
9 operation of the Brine Line or tributaries thereto, OCSD's POTW, or to any
10 SAWPA employee or contractor, or cause or contribute to the additional
11 treatment costs incurred by SAWPA or a violation of OCSD's NPDES permit,
12 or cause or contribute to Pass Through,Interference,or other known damages;
13
14 c. Discharging regulated pollutants to the Brine Line or tributaries thereto
15 without a current discharge permit;
16
17 d. A pattern of minor discharge violations;
18
19 e. Failure to correct a minor discharge violation within a specific time
20 period as directed by the General Manager; or
21
22 f Tampering with or purposely rendering inaccurate any monitoring
23 device,method or record required to be maintained pursuant to this Ordinance.
24
25 B. Upon notice of appropriate mitigating circumstances,the General Manager has
26 sole discretion to treat a major discharge violation as a minor discharge violation. The General
27 Manager also has sole discretion to treat a pattern of minor discharge violations with
28 aggravating circumstances as individual major discharge violations.
29
30 604.0 UNCLASSIFIED VIOLATIONS.For any violation by any User or Person that is not
31 classified herein, or for the violation of any rule or regulation promulgated hereunder, the
32 General Manager shall have the discretion to treat such violation as a minor or major violation
33 and to exercise enforcement authority accordingly. In exercising this enforcement authority,the
34 General Manager shall consider the magnitude of the violation, its duration, and its effect on
35 receiving waters,the Brine Line or tributaries thereto,OCSD's POTW,the health and safety of
36 SAWPA employees,contractors,Users,and the general public. The General Manager shall also
37 evaluate the User's or Person's compliance history,good faith,and any other factors the General
38 Manager deems relevant.
39
40 605.0 SEPARATE VIOLATIONS. Any User or Person found to be in violation of this
41 Ordinance shall be charged with a separate violation for each day the same violation exists.
42 Wastewater discharge pollutant violations shall be considered an individual violation for each
43 pollutant in violation.
44
45
46
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1 606.0 ADMINISTRATIVE ORDERS. The General Manager may require compliance with
2 Wastewater Discharge Permit conditions or limitations by issuing Administrative Orders that
3 are enforceable in a court of law or by directly seeking court action. The General Manager may
4 use Administrative Orders,either individually,sequentially,concurrently,or in any order for one
5 or more violations as appropriate for the circumstances. Administrative Orders include:
6
7 A. WRITTEN WARNING.A written warning shall be given to a User identified
8 to have a minor administrative violation of this Ordinance or permit condition or requirement.
9 The written warning shall be served personally or by certified mail upon the User, and the
10 written warning will state the provisions violated,the facts alleged to constitute the violation
11 and may include a correction notice at the discretion of the General Manager.
12
13 B. CORRECTION NOTICE. A correction notice shall be given to a User to
14 require correction of minor violations noted during an inspection by the General Manager of the
15 User's facility and may be issued in conjunction with a written warning.
16
17 1. Compliance time extensions may be granted to Users who fail to correct
18 minor violation required by a correction notice, upon showing of good cause by such
19 User.
20
21 2. For purposes of this Section, "good cause" means an unforeseeable and
22 unavoidable event or series of events,over which User had no control,which prevented
23 or significantly impaired the User's ability to comply with the correction notice.
24
25 3. A correction notice may require a written response within ten(10) days of
26 receipt; User shall provide a written explanation to the General Manager of the
27 violation,including specific actions taken to correct the violation. Submission of such a
28 response in no way relieves the User of liability for any violations occurring before or
29 after receipt of the written warning and/or correction notice.
30
31 C. MONITORING/PRODUCTION INFORMATION ORDER(MPIO)shall be
32 issued to a User for consecutive violations or if determined to be in SNC for the same pollutant
33 as detected either in SAWPA samples, User samples (self-monitoring), or both. The MPIO
34 shall be used to determine if discharge compliance has been achieved or if a detected violation is
35 consistent. The User may be required to sample the User's wastewater discharge for the
36 pollutants in violation and record the daily effluent wastewater flow for all production days
37 within a fourteen (14) consecutive day period or as determined by the General Manager that
38 industrial wastewater is discharged to the Brine Line or tributaries thereto. Production
39 information shall be required of all Categorical Industrial Users which have production based
40 discharge limits.
41
42 D. NOTICE OF VIOLATION(NOV). When the General Manager Finds that a
43 User has violated,or continues to violate,any provision of this Ordinance,related resolution,an
44 individual Wastewater Discharge Permit or any order issued under this Ordinance,the General
45 Manager may serve upon the User a written Notice of Violation (NOV). The NOV shall be
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1 served personally or by certified mail upon the User, and the NOV will state the provisions
2 violated, the facts alleged to constitute the violation and may include any proposed corrective
3 actions or monitoring. Within ten (10) business days of the receipt of the NOV, User shall
4 provide a written explanation of the violation, a plan for the satisfactory correction and
5 prevention thereof,including specific required actions,to the General Manager. Submission of
6 such a response and plan in no way relieves the User of liability for any violations occurring
7 before or after receipt of the NOV. Nothing in this Section shall limit the authority of the
8 General Manager to take any action,including any emergency actions or any other enforcement
9 action,with or without the issuance of a NOV.
10
11 E. VIOLATION MEETING shall be required of all Users who have failed to
12 achieve compliance after the issuance of an NOV or violation(s) resulting in significant
13 noncompliance. This meeting shall be for the General Manager to consider drafting a Consent
14 Order or Compliance Order and for the User to propose solutions,request time extensions,draft
15 a compliance schedule,or file an appeal.
16
17 F. CONSENT ORDER. The General Manager may, at any time after finding a
18 violation of this Ordinance,enter into an agreement with the violating User that shall be known
19 as a Consent Order. Such agreement may be in the form of compliance schedule with
20 milestones or other specific actions to be taken by the User to correct or prevent the
21 noncompliance within a time period specified in the order, or payment of damages,penalties,
22 fines,or other remedies. The Consent Order is developed between the User and SAWPA. This
23 Order shall have the same force and effect as any other administrative order issued pursuant to
24 this Ordinance and may include a civil penalty pursuant to Section 610.H. A Consent Order
25 maybe enforced by an Administrative Complaint under Section 610 or by court action.
26
27 G. COMPLIANCE ORDER.
28
29 1. A Compliance Order shall be issued to a User that has violated or continues
30 to violate this Ordinance, the User's Wastewater Discharge Permit, or any other order
31 issued under this Ordinance. The General Manager may issue a Compliance Order to
32 the User responsible for the violation(s)which shall specify the provisions violated and
33 the facts constituting the violation(s),and shall direct that adequate treatment facilities,
34 devices,or other related appurtenances be installed and properly operated by a specified
35 time period. Compliance Orders may also contain such other requirements as the
36 General Manager deems reasonably necessary and appropriate to assure timely
37 compliance with this Ordinance and to address the noncompliance. Such Order may
38 require the installation of pretreatment technology, additional self-monitoring,
39 management practices,adherence to a compliance schedule with milestones,submission
40 of action plans, appearance by the User at a specific time and place for a compliance
41 meeting, or other measures necessary to achieve and maintain compliance. The
42 Compliance Order is developed by the General Manager without comment from the
43 User and may include a civil penalty pursuant to Section 610.H.
44
45 2. If no public hearing on the alleged violation(s) has been previously
46 conducted, the alleged violating User may either submit a written explanation or other
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1 response to the Order or request the General Manager to conduct either an informal
2 meeting or a hearing. Such submission or request shall be in writing and filed with the
3 General Manager no later than ten(10)days after receipt of the Order. The request shall
4 not stay the Order.
5
6 3. A Compliance Order may be enforced by an Administrative Complaint under
7 Section 610 or by court action.
8
9 H. CIVIL PENALTY ORDER will be issued to a User by the General Manager or
10 SAWPA Counsel to assess penalties required by Sections 610.0, 611.0 and 619.0 of this
11 Ordinance and any other costs incurred by SAWPA in the investigation, monitoring, legal
12 assistance, enforcement, cleanup or repair caused by the User's violation. The Civil Penalty
13 Order may be included with any other Order.
14
15 I. CEASE AND DESIST ORDER shall be issued by the General Manager to any
16 User or Persons whose violation(s) of this Ordinance, a Wastewater Discharge Permit,or any
17 Order issued hereunder,pose a threat to the Brine Line or tributaries thereto, OCSD's POTW,
18 SAWPA employees or contractors, the environment or the public. A Cease and Desist Order
19 may also be issued by the General Manager to Users who continue to discharge wastewater to
20 the Brine Line or tributaries thereto, without a valid Wastewater Discharge Permit or in
21 violation of such permit. The General Manager may issue an order to cease and desist
22 immediately upon discovering any such violations and direct those Users or Persons in
23 noncompliance to take such appropriate remedial orpreventive action as maybe deemed needed
24 to eliminate a continuing or threatened violation,including halting operations and terminating
25 the discharge. Such order shall include the provision violated and the facts constituting the
26 violation. A Cease and Desist Order may also include a monetary penalty pursuant to Section
27 610.H.
28
29 J. SHOW CAUSE HEARING.The General Managermay order a User which has
30 violated, or continues to violate, any provision of this Ordinance, an individual Wastewater
31 Discharge Permit,or any Order issued under this Ordinance,or any other pretreatment standard
32 or requirement adopted by resolution or otherwise,to appear before the General Manager and
33 show cause why the proposed enforcement action should not be taken. Notice shall be served
34 on the User specifying the time and place for the meeting,the proposed enforcement action,the
35 reasons for such action,and a request that the User show cause why the proposed enforcement
36 action should not betaken. The notice of hearing shall be served personally or by certified mail
37 at least thirty(30) days prior to the hearing. The hearing shall be in the nature of a meet and
38 confer meeting. A show cause hearing shall not be a bar against,or prerequisite for,taking any
39 enforcement action against the User.
40
41 617.1 WASTEWATER DISCHARGE PERMIT REVOCATION. The General Manager
42 may revoke any Wastewater Discharge Permit if the User is in violation ofanyprovision of this
43 Ordinance. These violations can include but are not limited to: falsification of information by
44 the User required by this Ordinance;refusing right of entry when conditioned in the Wastewater
45 Discharge Permit; failure to re-apply for a Wastewater Discharge Permit or request a required
46 permit modification;failure to pay required permit fees or charges or discharging in violation of
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1 this Ordinance. Validity of the Wastewater Discharge Permit shall be conditioned upon the
2 Industrial User's compliance with the provisions of this Ordinance. The General Manager may
3 revoke the Wastewater Discharge Permit upon a minimum notice(written and sent by certified
4 mail)of fifteen (15)days when the General Manager finds that the wastewater discharge is in
5 violation of the provisions of this Ordinance or of any applicable federal, state, county or city
6 law or regulation or if the Industrial User has failed to pay any user fee or penalty within forty-
7 five(45)days of invoicing by SAWPA.Within the fifteen(15)days prior to the intended permit
8 revocation, the General Manager shall make a hearing available to the User. All costs for
9 Wastewater Discharge Permit revocation and reissuance shall be paid by the User.
10
11 608.0 TERMINATION OF SERVICE.Notwithstanding any provision to the contrary, and
12 without prior notice,the General Manager may immediately terminate wastewater service to any
13 User in order to stop an actual or threatened discharge which presents or may present an
14 imminent or substantial endangerment to the health or welfare ofpersons or to the environment,
15 or which causes Interference to the Brine Line or tributaries thereto,OCSD's POTW,or causes
16 OCSD to violate any condition of its NPDES permit or if the User has failed to obtain a valid
17 Wastewater Discharge Permit. If a suspension order has been issued, and the User fails to
18 comply voluntarily with the suspension order, the General Manager shall take such steps as
19 deemed necessary, including immediate termination or severance of the sewer service lateral
20 connection, to prevent or minimize damage to the Brine Line or tributaries thereto, OCSD's
21 POTW, or endangerment to any person or the environment. All costs for terminating service
22 shall be paid by the User. All costs for reestablishing service shall be paid by the User.
23
24 609.0 ANNUAL PUBLICATION NOTICE. The names of all Significant Industrial Users
25 which at any time during the previous twelve (12) months were found to be in significant
26 noncompliance with applicable Pretreatment Standards,Requirements and this Ordinance shall
27 be published at least annually in a newspaper of general circulation that provides meaningful
28 public notice, or other electronic means, within the jurisdictions of SAWPA in which the
29 Significant Industrial User is located, in accordance with 40 CFR 403.8(f)(2)(viii).
30
31 610.0 ADMINISTRATIVE COMPLAINT.
32
33 A. Notwithstanding Section 606,the General Manager may issue an Administrative
34 Complaint to a User who violates this Ordinance, permit requirement, or an Administrative
35 Order.
36
37 B. The Administrative Complaint shall allege the act or failure to act that constitutes
38 the violation, the provisions of law authorizing civil liability to be imposed and the proposed
39 civil penalty. The Administrative Complaint shall be served by personal delivery or certified
40 mail on the User and shall inform the User served that a hearing shall be conducted within sixty
41 (60) days after the User has been served.
42
43 C. The hearing shall be before a hearing officer designated by SAWPA's
44 Commission.The User who has been issued an Administrative Complaint may waive the right
45 to a hearing, in which case SAWPA shall not conduct a hearing. A User dissatisfied with the
46 decision of the hearing officer may appeal to the Commission of SAWPA within thirty(30)days
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1 of notice of the hearing officer's decision.
2
3 D. If after the hearing, or appeal, if any, it is found that the User has violated
4 reporting or discharge requirements,the hearing officer or the Commission may assess a civil
5 penalty against that User. In determining the amount of a civil penalty,the hearing officer or
6 Commission of SAWPA may take into consideration all relevant circumstances including,but
7 not limited to,the extent of harm caused by the violation,the economic benefit derived through
8 any non-compliance,the nature and persistence of the violation,the length of time over which
9 the violation occurs and corrective action, if any, attempted or taken by the User.
10
11 E. Civil Penalties maybe imposed as follows:
12
13 1. In an amount which shall not exceed $2,000.00 for each day for failing or
14 refusing to famish technical or monitoring reports [Government Code, Section
15 54740.5(d)(1)];
16
17 2. In an amount which shall not exceed $3,000.00 for each day for failing or
18 refusing to timely comply with any compliance schedule established by the General
19 Manager [Government Code, Section 54740.5(d)(2)1;
20
21 3. In an amount which shall not exceed$5,000.00 per violation for each day for
22 discharges in violation of any waste discharge limitation, permit condition, or
23 requirement issued, reissued or adopted by SAWPA [Government Code, Section
24 54740.5(d)(3)];
25
26 4. In an amount which shall not exceed $10.00 per gallon for discharges in
27 violation of any suspension,cease and desist order or other orders,orprohibition issued,
28 reissued or adopted by the General Manager[Government Code,Section 54740.5(d)(4)].
29
30 F. Unless appealed, orders setting administrative civil penalties shall become
31 effective and final upon issuance thereof, and payment shall be made within thirty (30) days
32 established by the order. Copies of these orders shall be served by personal service or by
33 certified mail upon the parties served with the administrative complaint and upon other persons
34 who appeared at the hearing and requested a copy.
35
36 G. All monies collected under this Section shall be deposited in a special account of
37 SAWPA and shall be made available for the monitoring, treatment and control of discharges
38 into the Brine Line and tributaries thereto.
39
40 H. The amount of any civil penalties imposed under this Section which have
41 remained delinquent for a period of sixty (60) days shall constitute a lien against the real
42 property of the User from which the discharge, Ordinance violation, or permit violation
43 originated resulting in the imposition of the civil penalty. The lien shall be recorded with the
44 County Recorder for the respective county and when recorded shall have the force and effect
45 and priority ofa judgment lien and continue for ten(10)years from the time of recording unless
46 sooner released,and shall be renewable in accordance with the provisions of Section 683.110 to
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1 683.220, inclusive, of the Code of Civil Procedure.
2
3 I. No penalties shall be recoverable under this Section for any violation for which
4 civil liability is recovered under Section 611.0.
5
6 J. Judicial Review
7
8 1. Any User aggrieved by a final order issued by the Commission under this
9 Section may obtain review of the order of the Commission in the Superior Court by
10 filing in the Court a petition for writ of mandate within thirty(30) days following the
11 service of a copy of a decision and order issued by the Commission.Any User aggrieved
12 by a final order of a hearing officer issued under this Section for which the Commission
13 denies review, may obtain review of the order of the hearing officer in the Superior
14 Court by filing in the Court a petition for writ of mandate within thirty (30) days
15 following service of copy of a decision and order denying review by the Commission.
16
17 2. If no aggrieved User petitions for writ of mandate within the time allowed,an
18 order of the Commission of SAWPA or a hearing officer shall not be subject to review
19 by any court or agency.
20
21 3. The evidence before the Court shall consist of the record before the
22 Commission of SAWPA,including the hearing officer's record,and any other relevant
23 evidence which, in the judgment of the Court, should be considered to effectuate and
24 implement policies of this Ordinance. In every such case, the Court shall exercise its
25 independent judgment on the evidence.
26
27 4. Subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure
28 shall govern review proceedings.
29
30 611.0 EMERGENCY SUSPENSION. The Commission or its General Manager may
31 immediately suspend a User's discharge,after notice to the User,whenever such suspension is
32 necessary to stop an actual or threatened discharge, which reasonably appears to present, or
33 cause an imminent or substantial endangerment to the health or welfare of persons. The
34 Commission or its agent may also immediately suspend a User's discharge, after notice and
35 opportunity to respond, that threatens to interfere with the operation of the POTW, or which
36 presents,or may present, an endangerment to human health or the environment.
37
38 A. Any User notified of a suspension of its discharge shall immediately stop or
39 eliminate its contribution. In the event of a User's failure to immediately comply voluntarily
40 with the suspension order, Commission may take such steps as deemed necessary, including
41 immediate termination or severance of the sewer connection,to prevent or minimize damage to
42 the POTW, its receiving stream, or endangerment to any individuals. The Commission may
43 allow the User to recommence its discharge when the User has demonstrated to the satisfaction
44 of the Commission that the period of endangerment has passed.
45
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1 B. A User that is responsible, in whole or in part, for any discharge presenting
2 imminent endangerment shall submit a detailed written statement,describing the causes of the
3 harmful contribution and the measures taken to prevent any future occurrence, to the
4 Commission prior to the date of any show cause or termination hearing under Sections 606.0
5 Item J and 608.0.
6
7 Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency
8 Suspension under this Section.
9
10 612.0 CIVIL LIABILITY FOR VIOLATIONS.
11
12 A. Any User that violates any provision of this Ordinance,any requirement of the
13 Wastewater Discharge Permit,or Administrative Order, may be civilly liable to SAWPA in a
14 sum not to exceed $25,000.00 a day for each violation. In addition to these penalties and
15 damages, the General Manager may recover reasonable attorney's fees, court costs, and other
16 expenses associated with the enforcement activities, including, but not limited to, sampling,
17 monitoring, laboratory costs and inspection expenses.
18
19 B. SAWPA's Legal Counsel is hereby authorized to petition the Superior Court to
20 impose, assess, and recover the sums as described in Section 612.0.A. In determining the
21 amount, the Court shall take into consideration all relevant circumstances, including but not
22 limited to,the extent of harm caused by the violation,the economic benefit derived through any
23 non-compliance,the nature and persistence of the violation,the length of time over which the
24 violation occurs, and any corrective actions, if any, attempted or taken by the User.
25
26 C. Notwithstanding any other provision of law, all civil penalties imposed by the
27 Court for a violation of this Section shall be distributed to SAWPA.
28
29 D. Remedies under this Section are in addition to an do not supersede or limit any
30 and all other remedies,civil or criminal,but no liability shall be recoverable under this Section
31 for any violation for which liability is recovered under Section 610.0.
32
33 613.0 CRIMINAL PENALTIES.
34
35 A. Any User which willfully or knowingly violates any provision of this Ordinance,
36 or any orders or permits issued hereunder shall,upon conviction,be guilty of a misdemeanor for
37 each separate violation per day, punishable by a fine not to exceed One Thousand Dollars
38 ($1,000.00) or imprisonment for not more than six months, or both for each violation. This
39 penalty is to be consistent with the Federal Clean Water Act, 33 U.S.C. 1251, et sea. and
40 amendments thereto, and shall apply to the exclusion of any other Ordinance provision more
41 lenient. Each such User shall be deemed guilty of a separate violation for each day any violation
42 of any provision of this Ordinance or Wastewater Discharge Permit is committed or continued
43 by such User.
44
45 B. Any User who knowingly makes any false statements, representations, or
46 certifications in any application,record,report,plan or other document filed or required to be
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1 maintained pursuant to this Ordinance or the User's Wastewater Discharge Permit, or who
2 falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
3 required under this Ordinance shall,upon conviction, be punished by a fine of not more than
4 One Thousand Dollars($1,000.00)per violation per day or imprisonment for not more than six
5 months, or both for each violation. This penalty shall be consistent with the Federal Clean
6 Water Act, 33 U.S.C. 1251, et sea. and shall apply to the exclusion of any other Ordinance
7 provisions more lenient.
8
9 614.0 LEGAL ACTION.If any User discharges wastewater into the Brine Line or tributaries
10 thereto in violation of the provisions of this Ordinance, federal or state pretreatment
11 requirements, or any order or permit issued hereunder, then SAWPA may commence an
12 enforcement and/or collection action for legal,equitable or injunctive relief in the appropriate
13 court of Riverside or San Bernardino County. Any such court action filed by SAWPA shall
14 entitle SAWPA to recover all reasonable attorneys' fees, court costs, expert witness fees and
15 related litigation expenses.
16
17 615.0 SUPPLEMENTAL ENFORCEMENT ACTIONS.
18
19 A. Performance Bonds. The General Manager may decline to issue or reissue a
20 Wastewater Discharge Permit to any User who has failed to comply with any provision of this
21 Ordinance,a previous Wastewater Discharge Permit,or Administrative Order issued hereunder,
22 or any other pretreatment standard or requirement, unless such User first files a satisfactory
23 bond payable to SAWPA,in a sum not to exceed a value determined by the General Manager to
24 be necessary to achieve consistent compliance.
25
26 B. Liability Insurance. The General Manager may decline to issue or reissue a
27 Wastewater Discharge Permit to any User who has failed to comply with any provision of this
28 Ordinance,a previous Wastewater Discharge Permit,or Administrative Order issued hereunder,
29 or any other pretreatment standard or requirement, unless such User first submits proof that
30 liability insurance satisfactory to the General Manager has been obtained by the User sufficient
31 to restore or repair damage to the Brine Line or tributaries thereto or OC SD's POTW.
32
33 C. Water Supply Severance. Whenever a User has violated or continues to violate
34 any provision of this Ordinance,a Wastewater Discharge Permit,or Administrative Order issued
35 hereunder,or any other pretreatment standard or requirement,water service to the User may be
36 severed. Service will only recommence,at the User's expense,after the User has satisfactorily
37 demonstrated the User's ability to comply.
38
39 D. Public Nuisance. A violation of any provision of this Ordinance,a Wastewater
40 Discharge Permit, or Administrative Order issued hereunder, or any pretreatment standard or
41 requirement is hereby declared a public nuisance and shall be corrected or abated as directed by
42 the General Manager. Any User creating a public nuisance shall be required to reimburse
43 SAWPA for any costs incurred in removing, abating, or remedying such nuisance.
44
45
-76-
1 616.0 REMEDIES NONEXCLUSIVE.The enforcement remedies for this Ordinance are not
2 exclusive. The General Manager may take any, all, or any combination of these remedies
3 against a non-compliant User. Enforcement of Ordinance, pretreatment, and Wastewater
4 Discharge Permit violations will generally be in accordance with SAWPA's Enforcement
5 Response Plan. The General Manager,however,may take other actions against any User when
6 the circumstances warrant. Further,the General Manager is also empowered to take more than
7 one enforcement action against any non-compliant User.
8
9 617.0 PAYMENT OF FEES, CHARGES,AND PENALTIES.
10
11 A. Unless otherwise specified, all fees,charges and penalties imposed pursuant to
12 this Ordinance are due and payable within forty-five(45)days of receipt of notice or invoicing
13 by SAWPA.
14
15 B. For Users who fail to pay any required fee,charge or penalty by the due date,the
16 following penalties shall apply:
17
18 1. Forty-six(46)days after the date of invoice,a penalty often percent(100/.)of
19 the original invoice amount,not to exceed$1,000.00 shall be assessed.
20
21 2. Ninety days(90)after the date of invoice,a total penalty of ten percent(10%)
22 of the original invoice amount,not to exceed a maximum of$4,000.00 shall be assessed.
23
24 C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for
25 immediate initiation of Wastewater Discharge Permit revocation proceedings or immediate
26 suspension of the Wastewater Discharge Permit. In addition,interest shall accrue on any unpaid
27 fees, charges or penalties at 10%per annum from the due date until paid.
28
29 D. Penalties charged under this Section shall not accrue to those invoices
30 successfully appealed.
31
32 E. Payment of disputed charges is still required by the due date during the General
33 Manager's review of any appeal submitted by a User.
34
35 618.0 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS.
36
37 A. Any User who discharges any waste which causes or contributes to any
38 obstruction, interference, damage, or any other impairment to the Brine Line or tributaries
39 thereto or OCSD's POTW and sewerage facilities or to the operation of those facilities shall be
40 liable for all costs required to clean or repair the facilities together with expenses incurred by
41 SAWPA or OCSD to resume normal operations. Such discharge shall be grounds for permit
42 revocation.A service charge of twenty-five percent(25%)of SAWPA's costs shall be added to
43 the costs and charges to reimburse SAWPA for miscellaneous overhead, including
44 administrative personnel and record keeping.The total amount shall be payable within forty-five
45 (45) days of invoicing by SAWPA.
46
_77_
I B. Any User who discharges a waste which causes or contributes to SAWPA
2 violating its discharge requirements established by any Regulatory Agency and/or OCSD and
3 causing SAWPA to incur additional expenses or suffer losses or damage to its facilities,shall be
4 liable for any costs or expenses incurred by SAWPA,including regulatory fines,penalties,and
5 assessments made by other agencies or a court.
6
7 619.0 APPEALS. Except for Administrative Complaints as provided in Section 610.0:
8
9 A. Within ten (10) business days after service of an Administrative Order under
10 Sections 606.17, G, H, I, 607 or 608, the User may file a written appeal with the SAWPA
11 Commission. A fee of one hundred dollars ($100.00) shall accompany any appeal to the
12 SAWPA Commission.The written appeal shall state all of the facts and reasons that constitute
13 the basis for such an appeal. The written appeal shall be heard by the SAWPA Commission
14 within thirty(30)days from the date of filing of the written appeal. The SAWPA Commission
15 shall issue a final order on the appeal within forty-five (45)days from the date of filing of the
16 written appeal. Any User aggrieved by a final order issued by the Commission under this
17 Section may seek judicial review of the order of the Commission in superior court by filing a
18 petition for writ of mandate within thirty (30) days following the service of a copy of the
19 Commission's final order.Failure to file such a petition within that thirty(30)-day deadline shall
20 be deemed a waiver of such judicial review.
21
22 620.0 ALTERNATIVE ENFORCEMENT PROCEDURES. As additional and alternate
23 enforcement provisions, the General Manager may utilize the procedures and seek the civil
24 penalties provided in Sections 54739, 54740, 54740.5 and 54740.6 of the California
25 Government Code for violations of this Chapter,federal or California pretreatment requirements
26 or the terms and provisions of any permits issued pursuant to this Ordinance.
27
28 621.0 INVALIDITY.If any provision of this Ordinance or the application thereof to any User
29 or circumstance is held invalid, the remainder of this Ordinance and the application of such
30 provision to other Users or circumstances shall not be affected thereby.
31
32 622.0 INTERPRETATION. All the provisions of this Ordinance are to be reasonably
33 interpreted. The intent herein is to recognize that there are varying degrees of hazard to the
34 Brine Line,OCSD's POTW,personnel,environment and the public and to apply the principle
35 that the degree of protection shall be commensurate with the degree of hazard.
36
37
_78_
I ARTICLE 7
2 MISCELLANEOUS PROVISIONS
3
4 700.0 SEVERABILITY.If any provision of these regulations or the application to any other
5 circumstances is held invalid, the remainder of the regulations or the application of such
6 provision to other Users or other circumstances shall not be affected.
7
8 701.0 EFFECTIVE DATE.This Ordinance shall take effect immediately upon adoption,and
9 Ordinance No. 6, and any amendments thereto, is hereby repealed and superseded by this
10 Ordinance.
11
12 702.0 JUDICIAL REVIEW OF ORDINANCE. Pursuant to Section 1094.6 of the Code of
13 Civil Procedure,the time within which judicial review shall be sought concerning the adoption
14 of this Ordinance is ninety(90) days following the date on which the decision adopting it is
15 final. The decision adopting this ordinance is final on the date it is adopted.
16
17
18 ADOPTED this 15'"day of October 2013
19
20
21 SANTA A WATERSHED P OJE AUTHORITY
22
23
24 By
25 on o th o fission
26
27 ATTZAI�
28
29
30 Byu.9ti_
31 Secretary-Treasurer of the Commission
-79-
SAWPA PRETREATMENT PROGRAM
Policies
Appendix 4-5
Resolution No. 2011-13
SAWPA Pretreatment Program Policies
October 15,2013
RESOLUTION NO.2011-13
A RESOLUTION OF THE COMMISSION OF THE
SANTA ANA WATERSHED PROJECT AUTHORITY
ESTABLISHING LOCAL PERMIT LIMITS AND BEST MANAGEMENT
PRACTICES REQUIREMENTS
WHEREAS,the Commission of the Santa Ana Watershed Project Authority(hereinafter
"SAWPA")adopted Ordinance No. 5 (hereinafter"Ordinance"), an Ordinance Establishing
Regulations for the Use of the Santa Ana Regional Interceptor, now commonly referred to as the
Inland Empire Brine Line(hereinafter"Brine Line");
WHEREAS,the Ordinance provides for the establishment and implementation of
pollutant limitations that are technically developed as Local Permit Limits by Orange County
Sanitation District(hereinafter"OCSD")pursuant to 40 Code of Federal Regulations 403.5(c)
and amendments thereto;
WHEREAS, Section 10I.A.7 and Sections 201.M. and 201.P of SAWPA Ordinance
No. 5 requires the prevention of discharges which are detrimental to Brine Line operations and
could cause sanitary sewer overflows;
WHEREAS,higher concentration discharges of Biochemical Oxygen Demand(BOD),
Dissolved Organic Carbon (DOC), and Fats, Oils, and Grease(FOG)have been detrimental to
Brine Line operations necessitating limits and standards regarding concentration;
WHEREAS,BOD, and DOC are unlikely to cause any adverse affects to the Brine Line
in small quantities,and a de minimus volume,not to exceed 5,000 gpd is hereby established as
an exception to the BOD and DOC concentration limitations. Said discharges shall still comply
with all other adopted limitations including but not limited to mass limitations,prohibited
standards and other general and specific limitations;
WHEREAS,it has been determined that significantly high concentrations of BOD and
DOC have resulted from the discharge of spilled and outdated raw materials and that the
implementation of effective Best Management Practices (BMPs) should substantially lower the
incidence of said discharges;
WHEREAS, these limitations and requirements are necessary to assure compliance with
OCSD's National Pollutant Discharge Elimination System(hereinafter"NPDES")Permit,
including the prohibition against pass through of any pollutants that can cause a violation of the
Permit or cause an interference with OCSD's Publicly Owned Treatment Works,(hereinafter
"POTW"); and
WHEREAS,these pollutant limitations and requirements shall be continually developed
as necessary and shall be adopted by Resolution.
NOW,THEREFORE,BE IT RESOLVED that the Commission of the Santa Ana
Watershed Project Authority hereby establishes,determines and orders:
Section 1. The Commission hereby establishes the following Local Permit Limits
and Best Management Practices (BMP)Requirements:
LOCAL WASTEWATER LIMITATIONS CONCENTRATION VALUES
Pollutant * Maximum Daffy Limit m
Arsenic 2.0
Cadmium 1.0 -
Chromium Total 2.0
Co r 3.0
Lead 2.0
mercury 0.03
Nickel 10.0
Silver 5.0
Zinc 10.0
Cyanide Amenable 1.0
Cyanide otal 5.0
Polychlorinated bi hen is 0.01
Pesticides 0.01
Total Toxic Organics(as defined by EPA) 0.58
Sulfide(Total) 5.0
Sulfide Dissolved 0.5
Oil and Grease Mineral/Petroleum oil origin) 100
Fats,Oil and Grease(FOG) 500
H 6.0— 12.0
(*) Users subject to Federal Categoncal Pretreatment Standards may be required to meet
more stringent limits.
MASS (LBS/DAY) LIMITATION
Pollutant Maximum Daily Limit bs/da
Biochemical Oxygen Demand 15,000
BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS**
Average Daily Concentration
Pollutant (mg/L)
During any Month
Dissolved Organic Carbon(DOC) 700
Biochemical OM en Demand 12,000
**BMPRequirements apply to permitted users with flow volumes greaterthan 5,000 gpd should
be calculated over a seven-day average and cannot achieve consistent compliance with the BMP
demonstration values listed above.Said users shall be required, as a condition of their Waste
Discharge Pernit, to develop BMPs which include, but are not limited for
a Identifying and evaluating the source and volumes of pollutants being discharged to the
Brine Line;
b. Implementing spill prevention and countermeasures plans;
c. Evaluating additional treatment or disposal options;and
d. Evaluating recycle orreuse opportunities.
2
Section 2. The Local Permit Limits and BMP Requirements established by this
Resolution shall become effective immediately. Industry Specific BMP Requirements will be
incorporated as a permit condition that includes a compliance schedule which shall not exceed
one (1) year from the effective date of the permit change. All previous Resolutions and
Ordinances relating to Local Permit Limits are hereby rescinded in their entirety.
ADOPTED THIS 20"day of September,2011.
Santa Ana Watershed Project Authority
BY: (
Commission Chair
Rm No.2011-13 Ett Mb local Limits REV M-PA
3
SA\k PA PRFTRE-\TMEKT PROGRAM
Policies
Appendix 4-6
Enforcement Response Plan
SAWPA Pretreatment Program Policies
October 15,2013
FM
Pretreatment Program
Enforcement Response Plan
October 15, 2013
Table of Contents
1.0 Introduction~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~3
/\. Implementation 0[Program............................................................................................................3
B. CVDb.Vl Authority............................................................................................................................3
C. ERP Objectives...............................................................................................................................4
D. Member and Contract Agencies~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~ 5
2.0ERP- Overview~~~.~~.~~.~~^^. ~^.^.^ ^~^.^.^. ~^.^.^ ~.^.^.^. ~^.^.^ ^~^.^^.6
A. Pretreatment Program Elements .....................................................................................................6
B. Enforcement Response PlaD-Determination of Response.......................6
C. Carrying out of Enforcement~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~..7
D. Enforcement Closure......................................................................................................................7
E. Significant Non- .......... ............ ............ ......7
3.0ERP Screening step............................................................................................................................... 8
A. Implementation 0{Enforcement Actions.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~ 8
4.0 Violation Types................................................................................................................................... [A
A. Administrative Violations............................................................................................................. }0
l. Minor Administrative Vi0{ati0DS.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. 10
2. Major Administrative Violations.............................................................................................. 10
B. Violations of Discharge Limitations............................................................................................. 11
}. Minor Violations....................................................................................................................... }{
2. Maj0l\/i0}Wti0DS.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. |i
C. Unclassified Violations................................................................................................................. 1/
D. Separate Violations....................................................................................................................... 11
5.0 Basis for ERP & Guide....................................................................................................................... }2
A. Violation Categories~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~. |2
l. Unauthorized Discharges.......................................................................................................... 12
2. E%ceeJ8DceVf Discharge Limits .............................................................................................. l2
3. Violation 0fSelf-Monitoring Requirements............................................................................. }3
4. Violation 0{Permit Reporting Requirements........................................................................... 13
5. Violation 0[Administrative Mandates...................................................................................... 13
6. Violation VfOrdinance and Permit Conditions........................................................................ l3
B. Range of Enforcement Responses ~~.~.............................~~. }4
|. Informal Notice~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. |4
2. Written Warning.~~......~~...~...... ...... ........ ...... ...... 14
3. Correction Notice...................................................................................................................... l4
4. Information Order ......................... }5
5. Notice 0{Violation(N()l/).~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. 15
6. Violation Meeting..................................................................................................................... [5
7. Consent Order........................................................................................................................... l5
8. Compliance Order..................................................................................................................... l5
9. Civil Penalty Order.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~. 16
10. Cease and Desist Order......................................................................................................... [6
11. Show Cause Hearing.... ......,.,., ............ ............ ..... l6
12. Wastewater Discharge Permit Revocation............................................................................ l6
13. Emergency Suspension{}Oltr.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. 16
14. Termination 0[Service ...~~.~~.~~.~~.~. ~^.~~ ~.~ ~~. ~~^~^ ^~^.^. [7
15. Annual Publication for Significant Noncompliance............................................................. l7
Santa Ana Watershed Project Authority 1 ERP
October 15, 2013
16. Administrative Complaint..................................................................................................... 17
17. Civil Liability........................................................................................................................ 18
18. Criminal Penalties................................................................................................................. 18
19. Supplemental Enforcement Actions..................................................................................... 18
C. Criteria for Determining Appropriate Enforcement Actions........................................................ 18
1. Magnitude of the Violation....................................................................................................... 19
2. Duration and/or Frequency of the Violation............................................................................. 19
3. The Effect of the Violation on Public Health or the Environment........................................... 19
4. The Effect of the Violation on the Brine Line, OCSD's POTW,or Agency Personnel........... 19
5. Compliance History of the HJ................................................................................................... 19
6. Good Faith Efforts of the HJ to Eliminate Noncompliance...................................................... 19
D. Personnel Responsibilities............................................................................................................ 20
E. Enforcement Response Timeliness...............................................................................................20
List of Figures
Figure 1.1 —Pretreatment Program Regulatory Structure..........................................................5
Figure 3.1 —Violations Type Overview.............................................................................8
Figure2—ERP Overview............................................................................................34
List of Tables
Table I —ERP and Guide Implementation Timefirames...........................................................21
Table 2—Unauthorized Discharge Violations........................................................................22
Table 3—Violation of Discharge Limits.............................................................................24
Table 4—Violation of Self-Monitoring Requirements............................................................26
Table 5—Violation of Permit Reporting Requirements..........................................................28
Table 6—Violation of Administrative Mandates..................................................................29
Table 7—Violations of Ordinance or Special Permit Conditions..............................................31
Table 8—Personnel Responsibilities...............................................................................35
Santa Ana Watershed Project Authority 2 ERP
October 15, 2013
1 . 0 INTRODUCTION
A. IMPLEMENTATION OF PROGRAM
The Santa Ana Water Project Authority (SAWPA) Commissioners and the corresponding Member
and Contract Agencies (see Section 1.O.D) are committed to effectively enforcing the 40 CFR 403
Pretreatment Regulations and the agreements with Orange County Sanitation District(OCSD)by:
o Establishing and adopting an ordinance which regulates the use and quality of discharges
permitted to the Inland Empire Brine Line;
o Administering a permitting program to regulate industrial wastewater discharges from
Industrial Users(IU's);
o Monitoring and tracking compliance through inspection of IU facilities and sampling
industrial wastewater discharges;
o Evaluating and screening the results of inspection and sampling to identify pretreatment
program violations;
o Consistently responding to pretreatment program violations to ensure long-term compliance;
and
o Requiring IUs, as necessary, to treat their industrial waste and/or implement Best
Management Practices (BMP's) prior to discharge in order to meet the established
limitations.
The general procedures for implementing the above items we outlined in SAWPA's Pretreatment
Program Policy Manual and Procedures Documents. Ordinance No. 7, Article 6, Section 601.0
(Enforcement Response Plan), states that, "To the extent required by law or agreement, SAWPA
shall use an Enforcement Response Plan (ERP), as required by 40CFR 430.8(f) (5) and adopted by
resolution, to coordinate progressive enforcement actions against Users and persons in
noncompliance with this Ordinance." This document serves as the Enforcement Response Plan
(ERP).
B. CONTROL AUTHORITY
The ERP provides guidelines to ensure consistent and reasonable enforcement responses to
noncompliance with the Ordinance and permits issued to IUs. OCSD owns and operates the
Publicly Owned Treatment Works (POTW) to which the Brine Line discharges and has been
issued the National Pollution Discharge Elimination System (NPDES) permit by the Santa Ana
Regional Water Quality Control Board (SARWQCB), and therefore serves as the Control
Authority in accordance with the provisions established by the Federal Pretreatment
Regulations (40 CFR 403). The key to an effective ERP is to establish clear guidelines, with
flexibility where it is needed, and procedures with clew lines of authority for carrying out the
primary purpose and intent of the ERP which is to consistently meet water quality goals and
compliance standards established by Federal, State, and local regulatory agencies.
A Memorandum of Understanding between County Sanitation District No. 1 of Orange County(now
known as Orange County Sanitation District,OCSD)and the SAWPA was entered into on April 1,
1991 (1991 MOU). The 1991 MOU contains specific language related to retention of powers,water
quality,permitting,inspection,monitoring,enforcement, and reporting processes related to
Santa Ana Watershed Project Authority 3 ERP
October 15, 2013
wastewater discharges originating in the Upper Watershed of the Santa Ana Regional Interceptor
Line(now known as the Inland Empire Brine Line or Brine Line).
The 1991 MOU, Section 6.C, states that SAWPA,each Member Agency and each Contract Agency
are assigned the responsibility to develop, implement, and enforce a Pretreatment Program and
assume all obligations set forth in Title 40, CFR Part 403.
SAWPA has a Multijurisdictional Pretreatment Agreement(MJPA)with the Member Agencies and
the Contract Agencies to define the overall roles and responsibilities of all parties. The MJPA is
being revised(2013)to include SAWPA issuing and executing dual signatory permits with the
corresponding Member or Contract Agency to all dischargers.
In terms of 40 CFR 403,the RWQCB of the State of California's Environmental Protection Agency
is the Approval Authority, and OCSD is the Control Authority. Per Section LE of the 1991 MOU,
SAWPA retains the power to exercise jurisdiction and control in accordance with OCSD's ordinance
related to the quality requirements to be met by all dischargers of wastewater tributary to OCSD's
treatment and disposal facilities. SAWPA is considered a Delegated Control Authority and with its
Member Agencies and Contract Agencies through the MJPA and Ordinance No. 7, administer the
Program by performing permitting, inspections,monitoring,enforcement, and reporting duties as
stated in the 1991 MOU.
The 1991 MOU between OCSD and SAWPA(Section 6.C) stipulates that each Member Agency and
all other Contract Agencies that discharge to the Brine Line are to enter into an agreement with
SAWPA that acknowledges their responsibility to develop, implement, and enforce an industrial
pretreatment program and all obligations in 40 CFR 403.
The implementation of this ERP by SAWPA, Member Agencies, and Contract Agencies allows for
compliance with the 1991 MOU and 40 CFR 403.
C. ERP OBJECTIVES
The ERP works in conjunction with the Pretreatment Program Policy Manual, Procedures Document
and Standard Operating Procedures (SOPs) to effectively administer the pretreatment program
requirements. The overall pretreatment program provides a systematic way of determining whether
IUs are complying with requirements specified in the control mechanisms and legal authorities. The
ERP stipulates how and when to respond to noncompliance. All approved pretreatment programs are
required by federal regulation 40 CFR 403.8(t)(5) to develop and implement an effective ERP. The
ERP establishes progressive enforcement measures and may include a range of administrative
penalties associated for each level of enforcement. The consistency in enforcement response (e.g.
How Enforcement Actions are Implemented) is assured through the ERP. The ERP is designed to
meet the following objectives:
o Identify (in conjunction with the monitoring and inspection portion of the Pretreatment
Program) and investigate instances of noncompliance;
o Establish enforcement responses that are appropriate in relation to the nature and severity of
the violation and the overall degree of noncompliance; and
o Provide a guide to encourage uniform application of enforcement responses for comparable
levels and types of violations and to ensure adequate, consistent, and timely enforcement
actions.
Santa Ana Watershed Project Authority 4 ERP
October 15, 2013
D. MEMBER AND CONTRACT AGENCIES
Member Agencies are agencies that are part of SAWPA joint powers authority and part of the
SAWPA Pretreatment Program through a multijurisdictional agreement while Contract Agencies are
part of the SAWPA Pretreatment Program through the same multi-jurisdictional agreement without
being SAWPA members under the joint powers authority.
SAWPA's five member agencies are:
• Eastern Municipal Water District
• Western Municipal Water District
• Inland Empire Utilities Agency
• San Bernardino Valley Municipal Water District
• Orange County Water District(not part of the Pretreatment Program)
As of September 2013,the Contact Agencies included in the SAWPA Pretreatment Program are San
Bernardino Municipal Water Department,Yucaipa Valley Water District and Jurupa Community
Services District(JCSD).
Regardless of the affiliation with SAWPA both Member and Contract Agencies have a role in the
implementation of this ERP. Figure 1-1 illustrates the relationship between, OCSD, SAWPA,
Member Agencies, and Contract Agencies.
FIGURE I-1. PRETREATMENT PROGRAM REGULATORY STRUCTURE
Approval Authority
Control Authority
Ces Auahot Control
Auhority
Contract
Agencies
YaPa �oin�a sw=a �erewm =y.�"6..
o�,�aim oirenama.a rem arena`area oweiewi.i
imzbiu� xewr•ue. i��'i vim' imu<wu�. u...
oirec me�ai
a`.aimou
Santa Ana Watershed Project Authority 5 ERP
October 15, 2013
2 . 0 ERP - OVERVIEW
A. PRETREATMENT PROGRAM ELEMENTS
SAWPA's pretreatment program is administered through the Pretreatment Program Policy Manual
and the Procedures Documents. The Program is a network of several interdependent elements of the
Pretreatment Program Policy Manual and the Procedures Documents. Below is a general description
of the particular elements interface with enforcement.
1. The Legal Authority (Ordinance and Local Limits resolution) establishes the general
program requirements and the legal authority for the pretreatment program; defines
discharge limitations and prohibitions; and establishes and defines IU classifications; and
associated general monitoring and reporting requirements.
2. The permit contains specific IU requirements related to monitoring and reporting,
discharge limitations, and establishes approved sampling location(s) and frequency for
sampling wastewater discharges and monitoring flow rates.
3. Inspections are conducted to observe operation of the facility and ensure compliance.
Routine inspections are comprehensive evaluations of the IUs' manufacturing processes
and pretreatment equipment and monitoring devices. Other types of inspections can be
performed to verify compliance.
4. IU self-monitoring and sampling conducted by the delegated control authority is used to
provide a means to confirm compliance with the established limitations stated in the
permit and legal authority.
5. Results review/compliance screening confirms compliance with the established
limitations. Review of the results from the self-monitoring and sampling are compared
against the established limitations. In addition,required reports from the IU are reviewed
against established criteria, including timeliness.
Typically, when non-compliance is identified, it is compared to requirements established by
regulation, the legal authority, or permit requirements. Non-compliance is typically identified during
inspections or monitoring(sampling,reporting, etc.)results review/compliance screening.
B. ENFORCEMENT RESPONSE PLAN-DETERMINATION OF RESPONSE
If violations or other discrepancies are identified during Inspections or the Results
Review/Compliance Screening processes appropriate personnel evaluate the type of enforcement
response needed by utilizing the ERP. The ERP provides an enforcement response plan and guide to
assist in determining the appropriate enforcement response. These enforcement response
implementation guidelines are provide in Tables 1-7 located at the end of the document. The ERP
identifies the appropriate response based upon the:
o Nature,
o Frequency,
o Magnitude,
o Duration,
o Potential Impact, and
o Good Faith Efforts by the Violator to Eliminate the Noncompliance
Santa Ana Watershed Project Authority 6 ERP
October 15, 2013
C. CARRYING OUT OF ENFORCEMENT
Once the appropriate enforcement action is identified, the implementation is assigned to specific
personnel that have been identified in the ERP to have the authority to take that level of action. The
ERP also stipulates the time frame for taking required actions.
D. ENFORCEMENT CLOSURE
Depending on the nature of the enforcement action, in some cases verification or follow-up is
required. Minor/administrative enforcement action may be self-closing (e.g.,provide the report with
all the attachments). While other enforcement actions can involve installation of new equipment that
must be tested, etc. Verification can include additional sampling or inspections.
E. SIGNIFICANT NON-COMPLIANCE
SAWPA and the Member/Contract Agencies are responsible for identifying,tracking and addressing
significant non-compliance by IUs as a component of this ERP. Significant Non-Compliance (SNC)
will be determined on a fiscal year defined as July 1 through June 30 to coincide with OCSD's
annual reporting. Publication of the SNC as required by Pretreatment Program requirements will be
lead by SAWPA.
SNC is defined in 40CFR403.3(1)as follows:
1. Chronic violations of wastewater discharge limits,defined here as those in which 66 percent or more of
all the measurements for each pollutant parameter taken during a 6-month period exceed(by any
magnitude)a numeric pretreatment standard or requirement,including instantaneous limits,as defined by
40 CFR 403.3(I)
2. Technical Review Criteria(TRC)violations,defined here as those in which 33 percent or more of all the
measurements for each pollutant parameter taken during a 6-month period equal or exceed the product of
the numeric pretreatment standard or requirement including instantaneous limits,as defined by 40 CFR
403.3(I)multiplied by the applicable TRC(TRC=1.4 for BOD,TSS, fats,oil,and grease and 1.2 for all
other pollutants except pH)
3. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(I)(daily
maximum,long-term average, instantaneous limit,or narrative standard)that the POTW determines has
caused, alone or in combination with other dischargers,interference or pass through(including
endangering the health of POTW personnel or the general public)
4. Any discharge of a pollutant that has caused imminent endangerment to human health,welfare,or to the
environment or has resulted in the POTW's exercise of its emergency authority under paragraph
(0(1)(vi)(B)of 40 CFR 403.8 to halt or prevent such a discharge
5. Failure to meet,within 90 days after the schedule date,a compliance schedule milestone contained in a
local control mechanism or enforcement order for starting construction,completing construction,or
attaining final compliance
6. Failure to provide,within 45 days2 after the due date,required reports such as baseline monitoring reports,
90-day compliance reports,periodic self-monitoring reports,and reports on compliance with compliance
schedules
7. Failure to accurately report noncompliance
8. Any other violation or group of violations,which can include a violation of best management practices,
that the POTW determines will adversely affect the operation or implementation of the local pretreatment
program.
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3 . 0 E R P SCREENING STEP
A. IMPLEMENTATION OF ENFORCEMENT ACTION%
The violations and discrepancies identified during the screening process are evaluated using the
ERP. The ERP is used to:
o Determine the appropriate enforcement steps (initial and follow-up);
o Establish staff responsibilities for implementing the enforcement action(s); and
o Designate time frames for progressive actions.
a. Categorizing Various Types of Violations. The first step in developing the ERP was to
prepare a list of typical violations. Categorizing the violations facilitates the organization
of noncompliance into smaller subsets that allows for consistent treatment of all
violations that fall within a specified area of concern. The organization also allows for a
systematic guide to resolving noncompliance using a step-wise escalated enforcement
approach. The first major differentiation comes from the segregation of noncompliance
events into administrative violations, discharge quality violations, and unclassified (all
other) violations as defined in Chapter 4, Section A. Each category is then subdivided
into major and minor violations. Figure 3-1 provides an overview this concept.
Figure 3-1.Violation Types Overview
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October 15, 2013
b. Range of Enforcement Responses. To be effective, enforcement steps must produce the
desired result — compliance. As such, each instance of noncompliance is handled with
escalating enforcement remedies. Progressively more severe consequences occur when
initial attempts are unsuccessful. Enforcement responses range from verbal (informal)
warnings through written notices, administrative orders, permit revocations, civil actions,
and criminal penalties. Because of the severe consequences associated with some of the
administrative orders, SAWPA encourages timely responses to all instances of
noncompliance. A concerted effort is made by the pretreatment program staff to resolve
instances of noncompliance in a fair and equitable manner.
As stated in Chapter 2, the criteria for determining appropriate enforcement actions is
related directly to the magnitude, duration and frequency of violation(s); the impact on
public health, the environment, the Brine Line and OCSD facilities; the compliance
history of the N; and the good faith efforts of the IU to eliminate the noncompliance.
Chapter 5, Section B below provides a comprehensive discussion of each enforcement
response option.
Certain significant violations, because of the impact on public health and welfare, the
environmental, or equipment operated by SAWPA or OCSD, produce an initial elevated
enforcement response that is appropriate for the level of threat created by the
noncompliance. These judgments are made at the sole discretion of the General Manager.
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4 . 0 VIOLATION TYPES
This Chapter describes the three general areas of violation (Administrative, Discharge Limit, and
other Unclassified). Each general area of violation is further subdivided into major and minor
classifications. Examples are listed in each area to illustrate specific activities that enable SAWPA
to classify, according to significance,the various types of violations.
A. ADMINISTRATIVE VIOLATIONS
Administrative violations are described in Article 6, Section 602.0 of Ordinance No. 7, and are
generally directly related to a failure to report in a timely manner or take a specified action (or take
an inappropriate action).
1. Minor Administrative Violations — Most minor administrative violations are
determined through records review or when due dates are missed. The Minor
Administrative Violations include,but are not limited to:
a. Submission of incomplete reports or questionnaires;
b. Late Reports or failure to submit questionnaires by scheduled due date;
c. Missing a compliance milestone date without prior notification to SAWPA;
d. Failure to conduct sampling including self-monitoring when required;
e. Failure to notify SAWPA of a violation of permit conditions within one (1) working
day of the discovery of the violation; or
f. Failure to pay required fees, penalties, or charges within forty-five (45) calendar days
from the due date.
2. Major Administrative Violations — Major administrative violations, in general, are
those violations that are related to recurring or prolonged noncompliance with reporting
requirements or payment of required fees. Examples of Major Administrative Violations
include,but are not limited to:
a. Failure to respond to previous requests for information or to administrative orders;
b. Missing a compliance date by more than forty-five(45) days;
c. Falsification of documents or attempting to mislead SAWPA or OCSD in any
manner;
d. Failure to cooperate with SAWPA or contracted employees in the course of
performing their assigned duties;
e. A pattern of minor administrative violations;
L Refusal to allow entry to authorized SAWPA or contracted employees, in the course
of performing their job, onto User's property;
g. Failure to produce records or accurately report noncompliance;
h. Failure to submit required reports (self-monitoring, baseline monitoring, 90-day
compliance report, Compliance Schedule progress reports) or submitting such report
more than forty-five(45) days late ;
i. Failure to pay, within sixty (60) calendar days of the due date, any required fee,
penalty or charge as noticed by SAWPA;
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j. Intentional discharge of a prohibited waste by a Liquid Waste Hauler into the Brine
Line or tributaries thereto; or
k. Wastewater discharge without a valid Wastewater Discharge Permit after notification
that a valid permit was not currently in place.
B. VIOLATIONS OF DISCHARGE LIMITATIONS
Discharge violations occur when a limit, either specified in the Wastewater Discharge Ordinance or
the IU permit, has not been achieved(refer to Article 6, Section 603.0 of Ordinance No. 7).
1. Minor Violations — Minor discharge violations are defined as those that, either alone or
in combination with similar User discharge violations, pose,as determined by the General
manger, no significant threat to the public health, safety or welfare, the environment,
Brine Line or tributaries thereto, OCSD's POTW or to any SAWPA employee or
contractor.
2. Major Violations — Major discharge violations include, but are not limited to the
following:
a. Significant noncompliance (SNC) as defined in 40 CFR 403.3(1); see Section 3.E
above;
b. Discharges which, either alone or in combination with other discharges pose, as
determined by the General Manager, a significant threat to the public health, safety or
welfare, the environment, safe and efficient operation of Brine Line or tributaries
thereto, OCSD's POTW or to any SAWPA employee or contractor;
c. Cause or contribute to the additional treatment costs incurred by SAWPA or a
violation of OCSD's NPDES permit, or cause or contribute to pass through,
interference, or other known damages;
d. Discharging regulated pollutants to the Brine Line or tributaries thereto without a
current discharge permit;
e. A pattern of minor discharge violations;
f. Failure to correct a minor discharge violation within a specified time period; or
g. Tampering with or purposely rendering inaccurate any monitoring device, method or
record required to be maintained pursuant to the Wastewater Discharge Ordinance.
C. UNCLASSIFIED VIOLATIONS
The General Manager reserves the right and shall have the discretion to treat any violation that is not
otherwise classified, as a minor or major violation. The General Manager shall consider the
magnitude of the violation, its duration, and its effect on receiving waters, the Brine Line or
tributaries thereto, OCSD's POTW, the health and safety of SAWPA employees, contractors, Users,
and the general public. The General Manager shall also evaluate the User's compliance history, good
faith,and any other factors deemed relevant. (See Article 6, Section 604.0 of Ordinance No. 7).
D. SEPARATE VIOLATIONS
Any User found to be in violation of SAWPA's Ordinance shall be charged with a separate violation
for each day the same violation exists. Wastewater discharge pollutant violations shall be considered
an individual violation for each pollutant in violation(See Article 6, Section 605.0 of Ordinance No.
7).
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5 . 0 BASIS FOR ERP & GUIDE
The following types and patterns of violations represent those which are likely to occur. This
preliminary list establishes an appropriate and consistent enforcement response and provides
guidance for unclassified violations through the precedence set for similar types of classified
violations. This Chapter first describes the different types of violations and then presents the range
of enforcement responses as illustrated in Figure 5-2 found at the end of the ERP.
A. VIOLATION CATEGORIES
The types of violations are organized in six discrete categories: Unauthorized Discharges, Discharge
Limit Violations, Self-Monitoring Requirements, Permit Reporting Requirements, Violations of
Administrative Mandates, and Violations of Ordinance or Permit Conditions. Specific criteria (e.g.
deadlines for reporting, magnitude of violation,etc.)are described in Tables 2-7.
1. Unauthorized Discharges — All violations in this category are for discharges from an
unpermitted source; however the violation can occur under different circumstances. The
enforcement action for each case is dependent upon the harm caused or contributed to by
the violation. The following violations may occur and enforcement responses are
prepared for:
a. Discharging without a permit — The IU may be unaware of the requirements or is
aware but has not obtained a wastewater discharge permit previously. For most of the
SAWPA service area this is an unlikely occurrence for the Brine Line in that direct
dischargers must physically make a connection to the Brine Line and indirect
dischargers must haul their waste to a Collection Station that verifies the discharger
has a permit. For the JCSD service area, illegal or illicit connections, or existing
connections to the collection system are plausible; and Ns connecting without a
wastewater discharge permit may take place.
b. Failure to inform change of ownership—Changes in ownership requires a new permit.
The change in ownership may also change the nature of the discharge.
c. Discharging with an expired permit—Each IU is given sufficient notification to apply
for renewal of a permit. Unauthorized discharge occurs when a permit expires and
the IU continues to discharge.
d. Discharging with a suspended permit.
e. Discharging with a revoked permit— In this category the IU has been notified of the
revocation and may be subjected to a higher level of enforcement relative to the
others above.
2. Exceedance of Discharge Limits— General, specific, and prohibited discharge
standards and limitations are expressed in the IU permit and in the Wastewater Discharge
Ordinance. Any exceedance of those specified limits falls into this category. Violations
to discharge limits may be either major or minor violations depending on the magnitude,
frequency of occurrence, and the effect. The exceedance can be detected during any of
the following:
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October 15, 2013
a. Routine sampling(self-monitoring or delegated control authority monitoring)
b. Slug load discharge
c. Surveillance sampling
d. Compliance sampling(Under Compliance or Consent Order)
Enforcement responses are provided for: minor discharge violations, major discharge
violations, and recurring discharge violations.
3. Violation of Self-Monitoring Requirements — All [Us that self-monitor have
requirements for scheduled monitoring and reporting of the results. Violations which
may occur and for which enforcement responses have been prepared include:
a. Failure to sample as described in the self-monitoring requirements of the permit
b. Failure to submit self-monitoring report within specified time frame
c. Submitting an incomplete or deficient self-monitoring report
d. Failure to resample following a violation based on self-monitoring results
e. Repeated failure to self-monitor correctly
f. Intentional falsification of self-monitoring reports
g. Selective Reporting
4. Violation of Permit Reporting Requirements - Each IU permits contains specific
reporting requirements. Violations which may occur and for which enforcement
responses have been prepared include:
a. Failure to accurately report effluent flow monitoring data
b. Failure to accurately report process flow monitoring data
e. Failure to accurately report process changes
d. Failure to accurately report batch discharge
e. Failure to accurately report spills and slug loads
5. Violation of Administrative Mandates — These violations are caused when an IU
fails to respond to previously issued mandates, directives, administrative orders,
compliance schedule agreements, etc. Violations which may occur and for which
enforcement responses have been prepared include:
a. Failure to comply with a Correction Notice
b. Failure to comply with a Written Warning
c. Failure to comply with a Monitoring/Production Information Order(MPIO)
d. Failure to comply with a Notice of Violation
e. Failure to comply with a Consent Order
f. Failure to comply with a Compliance Order
g. Failure to comply with a Civil Penalty Order
h. Failure to comply with a Cease and Desist Order
f. Failure to comply with a Permit Revocation Order
6. Violation of Ordinance and Permit Conditions - These violations refer to an IU's
failure to comply with Ordinance or Permit conditions regarding record keeping,
maintenance of pretreatment equipment, BMPs, interfering or denying reasonable access
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to the facility, Ordinance prohibitions, etc. Violations which may occur and for which
enforcement responses have been prepared include:
a. Failure to install or maintain required BMPs, pretreatment equipment, spill
containment, representative sample point, or flow monitoring equipment
b. Failure to maintain records
c. Failure to comply with Ordinance prohibitions
d. Failure to allow reasonable access for the purpose of inspection
B. RANGE OF ENFORCEMENT RESPONSES
A range of enforcement responses has been developed to ensure that reasonable and effective
responses match the urgency for correcting the noncompliance. SAWPA pretreatment program
personnel will follow the provisions of this Enforcement Response Plan and the Wastewater
Discharge Ordinance to determine the appropriate steps to take when resolving noncompliance
issues. The following enforcement actions represent the range of responses available to SAWPA for
eliminating noncompliant activities. Nothing in any of the following enforcement actions shall be
construed to limit any authority of SAWPA to issue any other order or actions which are deemed
necessary to protect Orange County Sanitation District's Treatment Plant, Brine Line, personnel, the
environment, or public health or safety. The following enforcement responses, except for Informal
Notices and Correction Notice me included in Ordinance No. 7, Section 605.0.
1. Informal Notice — An Informal notice is for minor infractions only and may be verbal or
written. The intent is to point out a problem and encourage compliance without taking formal
compliance actions. The notice may come via telephone, e-mail, informal meetings, during an
inspection, or with a reminder letter. All informal notices are documented and retained in case
the IU fails to respond.
2. Written Warning - A Written Warning shall be given to a User identified to have a minor
administrative violation of this Ordinance or permit condition or requirement. The written
warning shall be served personally or by certified mail upon the User, and the written warning
will state the provisions violated, the facts alleged to constitute the violation and may include a
correction notice at the discretion of the General Manager.
3. Correction Notice. A correction notice shall be given to a User to require correction of minor
violations noted during an inspection by the General Manager of the User's facility and may be
issued in conjunction with a written warning.
1. Compliance time extensions may be granted to Users who fail to correct minor violation
required by a correction notice,upon showing of good cause by such User.
2. For purposes of this Section, "good cause" means an unforeseeable and unavoidable
event or series of events, over which User had no control, which prevented or
significantly impaired the User's ability to comply with the correction notice.
A Correction Notice may require a written response within ten (10) business days of receipt;
User shall provide a written explanation to the General Manager of the violation, including
specific actions taken to correct the violation. Submission of such a response in no way relieves
the User of liability for any violations occurring before or after receipt of the written warning
and/or correction notice.
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4. Monitoring/Production Information Order (MPIO) - This type of enforcement response is
warranted when an IU sample result, regardless of who collected the sample, indicates
consecutive violations for the same pollutant or if determined to be in SNC. The MPIO may
include the requirement for fourteen (14) consecutive production days of flow monitoring and
sampling for the pollutant(s) in violation. The MPIO is applicable and may be issued to
categorical users which have production based discharge limits.
5. Notice of Violation (NOV) — The written NOV is issued to an IU that has violated, or
continues to violate, any provision of this Ordinance, related resolution, an individual
Wastewater Discharge Permit or any order issued under this Ordinance. The NOV shall be
served personally or by certified mail upon the IU, and the NOV will state the provisions
violated, the facts alleged to constitute the violation and may include any proposed corrective
actions or monitoring. Within ten (10) business days of the receipt of the NOV, the IU shall
provide a written explanation of the violation, a plan for the satisfactory correction and
prevention thereof, including specific required actions. Submission of such a response and plan
in no way relieves the IU of liability for any violations occurring before or after receipt of the
NOV. .
6. Violation Meeting-This meeting is required when an IU failed to achieve compliance after
issuance of a NOV,or violation(s)resulting in SNC status. The purpose of the meeting is to
determine the appropriate next step in the enforcement process. Options include drafting a
Compliance Order, a Consent Order, or to determine if an extension in the compliance schedule
is warranted. The meeting also offers the User an opportunity to propose solutions or file an
appeal.
7. Consent Order - The General Manager may enter into an agreement with a violating IU that
contains a mutually agreed upon compliance schedule with interim compliance milestones for
correcting noncompliance within a specified time period, for payment of damages, penalties,
fines, or other remedies. The purpose of the Consent Order between SAWPA and the IU is to
allow the IU who has demonstrated a willingness to correct violations a voice in the development
of their Enforcement Compliance Schedule Agreement (ECSA). No element of ECSA shall
exceed nine (9) calendar months in duration.
S. Compliance Order — A Compliance Order shall be issued to an IU that has violated or
continues to violate this Ordinance, the User's Wastewater Discharge Permit, or any other order
issued under this Ordinance. The Compliance Order is to be issued to the IU responsible for the
violation(s)which shall specify the provisions violated and the facts constituting the violation(s),
and shall direct that adequate treatment facilities, devices, or other related appurtenances be
installed and properly operated by a specified time period. Compliance Orders may also contain
such other requirements deems reasonably necessary and appropriate to assure timely
compliance with this Ordinance and to address the noncompliance. Such Order may require the
installation of pretreatment technology, additional self-monitoring, management practices,
adherence to a compliance schedule with milestones, submission of action plans, appearance by
the IU at a specific time and place for a compliance meeting, or other measures necessary to
achieve and maintain compliance. The Compliance Order is developed by the General Manager
without comment from the User and may include a civil penalty pursuant to Ordinance Section
610.H.
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If no public hearing on the alleged violation(s) has been previously conducted, the alleged
violating IU may either submit a written explanation or other response to the Order or request the
General Manager to conduct either an informal meeting or a hearing. Such submission or
request shall be in writing and filed with the General Manager no later than ten (10) calendar
days after receipt of the Order. The request shall not stay the Order.
A Compliance Order may be enforced by an Administrative Complaint under Ordinance Section
610 or by court action.
9. Civil Penalty Order - This Order is issued by the General Manager or SAWPA Counsel. The
Order is used to assess penalties as required by the Ordinance and to cover other costs incurred
by SAPWA in the investigation, monitoring, administrative, legal, enforcement, cleanup and
repairs which are related to the rU's violation(s). This Order may be issued independently or
included with any other Administrative Order.
10. Cease and Desist Order - Cease and Desist Orders are issued to gain immediate compliance
from an IU when violations pose a threat to the Brine Line or tributaries thereto, OCSD's
POTW, SAWPA employees or contractors, the environment, or the public. Cease and Desist
Order may also be issued to an IU who continue to discharge wastewater to the Brine Line or
tributaries thereto, without a valid Wastewater Discharge Permit or in violation of such permit.
The Cease and Desist Order shall include the deadline for suspending the violating discharge or
condition and shall include pertinent facts that support the Cease and Desist Order. Issuance of a
Cease and Desist Order shall not be a bar against, or a prerequisite for taking any other action
against the IU.
11. Show Cause Hearing - An IU which has violated, or continues to violate, any provision of this
Ordinance, an individual Wastewater Discharge Permit, or any Order issued under this
Ordinance, or any other pretreatment standard or requirement adopted by resolution or otherwise,
may be required to appear before the General Manager and show cause why the proposed
enforcement action should not be taken. Notice shall be served on the IU specifying the time and
place for the meeting,the proposed enforcement action,the reasons for such action,and a request
that the IU show cause why the proposed enforcement action should not be taken. The notice of
hewing shall be served personally or by certified mail at least thirty (30) days prior to the
hearing. The hearing shall be in the nature of a meet and confer meeting. A show cause hearing
shall not be a bar against, or prerequisite for,taking any enforcement action against the TU.
12. Wastewater Discharge Permit Revocation - A permit may be revoked for any violation of
any provision of the Ordinance. The violations can include: falsification of required information,
refusing to allow entry to facility for the purpose of inspection, failure to re-apply for a
wastewater discharge permit, failure to pay required fees or charges, or for other reasons deemed
appropriate to protect the interests of SAWPA. Upon determination that there are reasonable
grounds for permit revocation, the General Manager may issue a permit revocation notice
(written and sent by certified mail) with a minimum notification of fifteen (15) days. The
General Manager shall make a hearing available to the User. The show cause hearing as to why
the revocation should not be issued. See the Show Cause Hearing section above for additional
information.
13. Emergency Suspension Order - The General Manager may immediately issue a Suspension
Order of the User's discharge, after notice to the User, in response to an actual or threatened
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discharge which reasonable appears to be present, or cause an imminent or substantial
endangerment to health and welfare; the environment; a discharge that causes or contributes to a
violation of OCSD's permit limits; interference with the Brine Line; or an endangerment to
OCSD or Brine Line personnel. Failure to comply with the Emergency Suspension Order may
lead to Termination of Service.
14. Termination of Service - The General Manager may immediately terminate all wastewater
disposal services to any User in order to stop an actual or potential discharge which presents an
imminent or substantial endangerment to health and welfare of persons or the environment, or
which cause interference to the Brine Line or tributaries thereto, OCSD's POTW, or cause
OCSD to violate any condition of its NPDES permit. Service may also be terminated for Users
who fail to obtain a valid Wastewater Discharge Permit. If the User fails to terminate the
discharge to the Brine Line and OCSD's POTW, the General Manager shall take such steps as
deemed necessary, including immediate severance of sewer service lateral connections, to
prevent or minimize damage.
15. Annual Publication for Significant Noncompliance - The names of all Significant
Industrial Users (SIUs) which are found to be in significant noncompliance or SNC with
established requirements will be published annually in the largest daily circulating newspaper
within the jurisdiction of SAWPA or within the location of the IU in accordance with 40 CFR
403.8(0(2)(viii).
16. Administrative Complaint - The General Manager of SAWPA may issue an Administrative
Complaint to any User who violates the Ordinance, a Wastewater Discharge Permit, or an
Administrative Order. Administrative Complaints are used to assess civil liability and to propose
a civil penalty. The Administrative Complaint is served by personal delivery or certified mail on
the IU. It informs the IU served that a bearing is to be conducted within sixty(60) days after the
IU has been served. The hearing and waiver procedures are found in the Ordinance, Section
610.0.
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At SAWPA's discretion, Civil Penalties may be imposed in accordance with Government Code,
Section 54740.5(d)as follows:
o In an amount not exceeding $2,000.00 for each day an IU fails or refuses to furnish
technical or monitoring reports;
o In an amount not exceeding $3,000.00 for each day an IU fails or refuses to timely
comply with any compliance schedule established by the General Manager;
o In an amount not exceeding $5,000.00 per violation for each day for discharges in
violation of any waste discharge limitation, permit condition, or requirement issued,
reissued, or adopted by SAWPA;
o In an amount not exceeding $10.00 per gallon for discharges in violation of any
suspension, cease and desist, or other order(s) issued, reissued or adopted by the General
Manager.
Any user aggrieved by a final order issued by SAWPA, under the Administrative Complaint,
may obtain review of the order of the Commission in the Superior Court by filing a petition for
writ of mandate within thirty(30) days following the service of a copy of said order.
17. Civil Liability - Civil liability may be assessed to those Ns as deemed appropriate by
SAWPA's General Manager and Legal Counsel. SAWPA's Legal Counsel is authorized to
petition the Superior Court to impose, assess, and recover a sum,not to exceed $25,000.00 a day
for each violation. The General Manager of SAWPA may also seek to recover reasonable
attorney fees, court costs, and all other costs associated with the enforcement activities.
18. Criminal Penalties - Criminal provisions are included for any User that willfully or knowingly
violates provisions of the Ordinance, Orders, or Permit. If convicted, the User is guilty of a
misdemeanor which includes punishment by a fine not to exceed $1,000.00 per day or
imprisonment for not more than six months, or both, for each violation.
19. Supplemental Enforcement Actions - The General Manager may decline to issue or reissue
a Wastewater Discharge Permit for cause, unless the User files a satisfactory performance bond
payable to SAWPA, in a sum not to exceed a value determined by the General Manager to be
necessary to ensure consistent compliance.
The General Manager may decline to issue or reissue a Wastewater Discharge Permit for cause,
unless the User first submits proof of liability insurance in a sufficient amount to restore or
repair damage to the Brine Line or tributaries thereto or OCSD's POTW.
Water supply severance may also be used in response to a violation or continued violations by an
IU as described in Ordinance Section 615.0.C.
C. CRITERIA FOR DETERMINING APPROPRIATE ENFORCEMENT ACTIONS
The previous two sections of this Chapter described the types of violations likely to occur and the
range of enforcement responses available to SAWPA. This section presents the criteria used in
determining the most appropriate response for each violation. In general, all enforcement responses
are determined by the following criteria: magnitude of the violation, duration and/or frequency of
the violation, effect on the environment or public health, effect on the Brine Line or tributaries
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thereto, effect on OCSD's POTW and their compliance status, the IU's compliance history, and the
good faith efforts of the IU to return to compliance.
1. Magnitude of the Violation - Violations must be evaluated against the potential or
actual threat created by the noncompliance. While some violations are isolated and
insignificant others, even as a single isolated event, require higher level enforcement
because of the magnitude of the impact created by the violation.
2. Duration and/or Frequency of the Violation - Regardless of the magnitude, the
duration of the violation must be considered in determining the enforcement response.
Escalating enforcement actions are available to discourage repeat (frequent) or long
duration violations.
3. The Effect of the Violation on Public Health or the Environment- The actual or
potential effect of a violation on public health or the environment is a significant factor in
determining the appropriate level of response. Enforcement responses needed to correct
violations that endanger public health or the environment is elevated to a higher level of
significance in order to correct the situation in a timely manner. The response includes
provisions for recovering costs incurred by SAWPA or OCSD as a result of the
noncompliance.
4. The Effect of the Violation on the Brine Line, OCSD's POTW, or Agency
Personnel - Violations which jeopardize the Brine Line, OCSD's POTW, or agency
personnel requires a level of response that minimizes the extent of the damage and
returns the User to compliance immediately. The response includes provisions for
recovering costs incurred by SAWPA or OCSD as a result of the noncompliance.
5. Compliance History of the IU - In determining the appropriate level of enforcement
response, the compliance history of the IU is taken into consideration. This history of
compliance also includes the IU's efforts in maintaining pretreatment equipment and the
development and implementation of pollution prevention and waste minimization
programs.
6. Good Faith Efforts of the ILI to Eliminate Noncompliance - Efforts by the IU to
eliminate noncompliance me factored into the enforcement response decision. Good faith
efforts is defined in the Clean Water Act (No. 95-14, Vol.3) as prompt and vigorous
pollution control measures undertaken by the discharger which shows that extraordinary
efforts (not a"business-as-usual"approach)have been made to achieve compliance.
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U. PERSONNEL RESPONSIBILITIES
Specific personnel have been identified for implementing the various enforcement activities and
responses. The General Manager of SAWPA has delegated responsibilities for each of the
enforcement responses as identified in Section B of this Chapter. The following abbreviations are
used in the ERP and Guide to indicate designated personnel:
AA: Administrative Assistant
IN : Inspector
OM: Eng. &Operations Manager
EN: Engineer/Permit Writer
MP: Manager of Permitting& Pretreatment
GM: General Manager
LC: Legal Counsel
SAWPA and the Member/Contract Agencies should designate the specific positions by job title or
classification that are assigned the responsibilities listed above. Table 8 found at the end of the ERP
should be completed for that designation to be documented. The designation should be byjob title
and not the person's name.
E. ENFORCEMENT RESPONSE TIMELINESS
Enforcement responses must be implemented as soon as violations we identified during the
screening process. Table 1 presents the guidelines established by SAWPA to ensure timely
responses to all noncompliance. The timelines are intended as guidelines and as a target for
responses under normal situations. As such, the actual response time, depending upon extenuating
circumstances, may be shorter or longer. SAWPA recognizes that unforeseen circumstances may
interfere in the implementation of the enforcement response which may result in the completion of
the required response beyond a time period otherwise anticipated or set forth in Table 1. An
example or overview of progressive response to noncompliance is illustrated in Figure 2 — ERP
Overview.
Santa Ana Watershed Project Authority 20 ERP
October 15, 2013
Table I: ERP and Guide Timeframes
Enforcement Response Implementation Guidelines
Enforcement Response Im lementation Guidelines
Goal
work days) From
Informal Notices 5 Days Date the violation was identified
Correction Notice 5 Days Dale the violation was identified
Written Warning 10 Days Dale the violation was identified
Compliance Follow-up Inspection 30 Days Date the violation was identified
Compliance Audit 90 Days Date the NOV was transmitted
MPIO 10 Days Date the violation was identified
NOV 15 Days Date the violation was identified
Violation Meeting 30 Days Dale of compliance follow-up inspection
Consent Order 30 Days Date of Compliance Meeting
Compliance Order 30 Days Date of Compliance Meeting
Complaint to Recover Incurred Costs 90 Days Date when harm identified
Cease and Desist Order 10 Days Date IU fails to submit required permit application
5 Days Date IU's permit expired
2 Days Dale IU's permit suspended
1 Day Date when IU was known to have caused harm
1ODays Date for other appropriate unspecified violations
Show Cause Hearing 60 Days Dale of Violation Meeting
Suspension Order 1 Day Dale of Findings
Permit Revocation 30 Days From Hearing Date
Physical Termination of Service 10 Days Dale when IU notified of unpermilted discharge
10 Days Date when IU failed to comply with administrative
mandate
10 Days Date for other appropriate unspecified conditions
Notify Industry of SNC Status 10 Days Date from which SNC Status verified
Published during 1st Quarter of each Calendar
SNC Publication Annually Year
Administrative Complaint/Fine 60 Days Date from NOV
Civil Action to Recover Civil
Penalties 90 Days Date from NOV
The tables that follow summarize the anticipated violations, enforcement responses and the
personnel responsible for implementing the enforcement action(s). The guidance listed in each
table provides the necessary remedies to ensure a consistent approach with escalating
enforcement actions being implemented by progressively higher levels of autbority.
Santa Ana Watershed Project Authority 21 ERP
October 15, 2013
ENFORCEMENT RESPONSE PLAN AND GUIDE
Table 2: Unauthorized Discharge Violations
Nature of
Violation Circumstances Range of Enforcement Response Personnel
Discharging .No Harm to Brine Line or ►NOV with Notice to submit permit
without OCSD application IN,EN
a Permit ►Cease&Desist Order OM,MP
►Administrative ComplainVFine OM,MP,LC
►Physical Termination of Service IN/OWIAP,LC,GM
.Harm to Brine Line or OCSD ►NOV with Notice to submit permit
application IN,EN
►Cease&Desist Order OM,MP
►Complaint for Recovery of SAWPA
Incurred Costs MP,LC
►Administrative Complaint/Fine OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
.No Harm to Brine Line or ►NOV with Notice to submit permit
Failure to Inform OCSD application IN,EN
Change of
Ownership ►Cease&Desist Order OM,MP
►Adminislrotive Complaint Fine OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
.Harm to Brine Line or OCSD ►NOV with Notice to submit permit
application IN,EN
►Cease&Desist Order OM,MP
►Complaint for Recovery of SAWPA
Incurred Costs MP,LC
►Administrative ComplaintlFine OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
Discharging with .Itl fails to renew permit on ►Cease&Desist Order OM,MP
Expired Permit time after proper notice- ►Administrative Complaint/Fine OM,MP,LC
Discharge has not caused
harts to Brine Line or OCSD ►Physical Termination of Service IN/OWMP,LC,GM
.IIJ fails to renew permit on ►Cease&Desist Order OM,MP
►Complaint for Recovery of SAWPA
time after proper notice- Incurred Costs MP,LC
Discharge has mused harm ►Administrative CDmplaintlFine OM,MP,LC
to Brine Line or OCSD ►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
.No Harm to Brine Line or
Discharging with OCSD ►Cease&Desist Order OM,MP
Suspended Permit ►Administrative CDmplaintlFine OM,MP,LC
►Permit Revocation Proceedings IN/OhllMP,LC,GM
.Harm to Brine Line or
OCSD ►Cease&Desist Order IN,EN
►Administrative ComplainUCivil Penalties OM,MP,LC
►Complaint for Recovery of SAWPA
Incurred Costs OM,MP,LC
Santa Ana Watershed Project Authority 22 ERP
October 15, 2013
Table 2: Unauthorized Discharge Violations (Cont'd)
Nature of
Violation Circumstances Range of Enforcement Response Personnel
Discharging with .Harm to Bnne Line or OCSD ►Permit Revocation Proceedings IN/OM/MP,LC,GM
Suspended Permit
(Cont') ►Criminal Penalties
.No Harm to Brine Line or
Discharging with OCSD ►Cease&Desist Order/Court Injunction IN/OWMP,LC,GM
Revoked Permit II-Administrative Complaint/Civil Penalties OM,MP,LC
.Hann to Brine Line or
OCSD ►Court Injunction IN/OWMP,LC,GM
►Administrative ComplainUCivil Penalties OM,MP,LC
►Complaint for Recovery of SAWPA
Incurred Costs OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
Santa Ana Watershed Project Authority 23 ERP
October 15, 2013
Table 3: Violations of Discharge Limits
Nature of Violation Circumstances Range of Enforcement Response' Personnel
Permit Limit *Isolated or first violation within ►Written Warning,NOV AA, IN,OM
Eaceerlance a six-month period-Minor ►Compliance Follow-up Inspection&Vedfcation IN
Violation
.Isolated or rest violation within III NOV AA, IN,OM
a six month period-Major ►Compliance Follow-up Inspection&Verification IN
Violation ►Compliance Audit IN,OM
►Compliance Meeting IN.OM,MP
►ConsenNCompliance Order OM,MP
►NOV with monetary penalty
oRecuning,2 or more within MPIO AA,IN,OM
a six-month period,Major or ►Compliance Follow-up Inspection&Verification IN
Minor ►Compliance Audit IN,OM
►Violation Meeting IN.OM,MP
►Consent/Compliance Omer IN.Olvll
BMP .Isolated or first violation within ►Written Warning,NOV AA,IN,OM
Requirements Not Met a six-month period-Minor ►Compliance Follow-up Inspection&Verification IN
Violation
*Isolated or first violation within ►NOV AA,IN,OM
a six month period-Major ►Compliance Follow-up Inspection&Verification IN
Violation ►Compliance Audit IN,OM
►Compliance Meeting KOMI
►Consent/Compliance Order OM,MP
oRecuning,2 or more within ►NOV AA,IN,OM
a six-month period,Major or ►Compliance Follow-up Inspection&Verification IN
Minor ►Compliance Audit IN,OM
►Violation Meeting IN.OM,MP
►Consent/Compliance Order IN.OM,MP
Slug Load .Isolated or first violation within ►Issue Cease&Desist Order OM,MP
Discharge a six-month period-No Ham ►Compliance Follow-up Inspection&Verification IN
to Brine Line or OCSD ►Administrative ComplaintlFlne OM,MP,LC
*Isolated or first violation within ►Issue Cease&Desist Order OM,MP
a six-month period-Harm ►Compliance Follow-up Inspection&Verification IN
to Brine Line or OCSD ►Complaint for Recovery of SAWPA Incurred Costs MP,LC
►Administrative Complairil l Penalties Civil LC
'h6Ynrhuk tronemry rms orperetrs at SARPAY deactorn
Santa Ana Watershed Project Authority 24 ERP
October 15, 2013
Table 3: Violations of Discharge Limits(Cont'd)
Nature of Violation Circumstances Range of Enforcement Response 2 Personnel
Slug Load .Retuning,2 or more within ►Cease&Desist Order OM,MP
Discharge
(Coot') a six-month period-No Hann ►Compliance Follow-up Inspection&Verification IN
to Brine Line or OCSD ►Permit Suspension Proceedings OM/MP LC,GM
►Atlministmtive ComplainUFine OM,MP,LC
.Retuning,2 or more within ►Cease&Desist Order OM,MP
a six-month period-Harm ►Compliance Fallow-up Inspection&Verification IN
to Brine Line or OCSD ►Permit Suspension Proceedings OM/MP LC,GM
►Complaint for Recovery of SAWPA Incurred Costs MP,LC
►Atlministmtive ComplainUFine OM,MP,LC
Surveillance .IU in Violation of Discharge ►Cease&Desist Order OM,MP
(Downstream) Limits-Minor ►Compliance Meeting IN.OM,MP
Sampling ►Atlministmtive ComplainUFine OM,MP,LC
►Issue Compliance/Consent Order OM,MP
.IU in Violation of Discharge ►Cease&Desist Order
Limits-Me or ►Com Iiamce Meeting IN.OM,MP
.IU in Violation of Discharge ►Administrative Complaint/Fine OM,MP,LC
Limits-Major ►Permit Suspension Proceedings OM,MP,LC,GM
►Issue Compliance/Consent Order OM,MP
Permit Limit Exceedance .First Violation-Major or Minor ►Written Warning,NOV AA,IN,OM
While Under Compliance ►Issue Cease&Desist Order OM,MP
or Consent Order ►Compliance Follow-up Inspection&Verification IN
.Recuring,2 or more within ►NOV AA,IN,OM
the duration of the Compliance ►Administrative ComplainUFine OM,MP,LC
or Consent Order ►Compliance Follow-up Inspection&Verification IN
►Permit Suspension Proceedings OM,MP LC,GM
2 hhy Srhrdr at SARPAY d¢cretvm
Santa Ana Watershed Project Authority 25 ERP
October 15, 2013
Table 4: Violations of Self-Monitoring Requirements
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Perform •First Occurrence ► NOV to Submit SMR within 10 days AA,IN
Self-Monitoring
•Subsequent Occurrences ►NOV with Written Warning of Administrative AA,IN
Fine/SNC Noffication/Publication
► SNC Notifcation/Publication OM,MP
►Administrative Complaint/Fine OM,MP,LC,GM
Failure to Submit .Report is past Due(10 Days) ►Informal Notice or Written Warning to Submit SMR within 10 days AAIN
Self-Monitoring
Report .Report is past Due(10 Days) ►Issue Written Warning of Administrative AA,IN
past Informal Late Notice Fine/SNC Notification/Publication
*Report is past Due(10 Days) ► SNC NotificationiPublication OM,MP
past Written Warning
*Failure to Submit SMR ►Administrative Complaint/Fine OM,MP,LC,GM
(130 Days)late from tat Notice
Deficient SMR- .Initial Failure-SMR is incomplete ►Notify IU immediately regarding deficiencies and AA,IN
Incomplete/Incorrect or has incorrect information,is that report will be considered past due if revised
not signed by authorized person SMR is not submitted within 10 days from the
orindicate incorrect monitoring original due date
procedures(Resampling Required)
.Subsequent Violation(s) ►Issue NOV OM,MP
Failure to Resample •Report is past due(10 Days) ►Issue Written Warning IN,OM
Following a Self-
Monitoring Violation .Report is past due(30 Days) ►SNC Notification/Publication OM,MP
►Administrative Complaint/Fine OM,MP,LC,GM
Repeated Failure to .Second Violation ►Issue Written Warning IN,OM
Self-Monitor
Correctly .Subsequent Repeal Violation ►Administrative Complaint/Fine OM,MP,LC,GM
Intentional Falsification.First Occurrence ►Issue Notice Informing lU of Allegafon OM,MP
of Self-Monitoring
Reports •Subsequent Occurrences ►Administrative Complaint/Fine OM,MP,LC,GM
Santa Ana Watershed Project Authority 26 ERP
October 15, 2013
Table 4: Violations of Self-Monitoring Requirements(Coil
Nature of Violation Circumstances Range of Enforcement Response Personnel
►Pmmil Revocation Proceedings IN/OM/MP,LC,GM
Failure to Report .First Occurrence ►Issue NOV-Requiring submission of all OM,MP
All Self-Monitoring unreported!results within 45 days-Warning of
Results(selective Administrative fine/SNC Publication if not resolved
reporting)
*Subsequent Occurrences ►Issue NOV-Requiring submission of all OM,MP,LC
unreported results within 45 days-Warning of
Administrative fine/SNC Publication if not resolved
►Administrative Complent/Fine OM,MP,LC,GM
►SNC NotificaborrPublication I OM,MP
Santa Ana Watershed Project Authority 27 ERP
October 15, 2013
Table 5: Violations of Permit Reporting Requirements
Nature of Violation Circumstances Range of Enforcement Response' Personnel
Failure to Comply .Report is Past Due(10 Days) ►Correction Notice and IN,OM
with Flow Meter SNC Publication if Report Late by 45+Days
Data Reporting
Requirements .Report is Past Due(30 Days) le SNC Notlflcatl0NPubllcdtion OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report .Report is Past Due(10 Days) ►Correction Notice and IN,OM
Production Data or SNC Publication if Report Late by 45+Days
Changesin
Production ►SNC Notification/Publication OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report *First-Time Violation ►Issue NOV OM,MP
Process Changes
.Subsequent Violations ►Issue NOV for Repeat Violation OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report .Fiat-Time Violation ►Issue NOV OM,MP
Batch Discharge
.Subsequent Violations ►Issue NOV for Repeat Violation OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report .First-Time Violation ►Issue NOV OM,MP
Spills or Slug Loads
.Subsequent Violations ►Issue NOV for Repeat Violation OM,MP
►Administrative Complaint/Fine OM,MP,LC
h6yhclude xemigofmmedry fines orperiri at SARPAY discretion.
Santa Ana Watershed Project Authority 28 ERP
October 15, 2013
Table 6: Violations of Administrative Mandates
Nature of
Violation Circumstances Range of Enforcement Response Personnel
Failure to Comply *IU does not comply with ►Compliance Inspection-Verification IN
with Monitoring all Provisions of the MPIO but ►Increase SeH-Monitoring Requirements OM,MP
Production is net in SNC ►Consent or Compliance Order OM,MP
Information Order ►Administrative Complaint/Fine OM,MP,LC
(MPIO)
►NOV with Notice to Comply with Discharge
*Failure results in SNC Status Limits IN,EN
►Administmtive ComplainVFine OM,MP,LC
►SNC NotXication/Publication OM,MP
►Pemlit Suspension Proceedings OM/MP,LC,GM
►NOV
Failure to Comply •Missed Milestone in Schedule ►Monetary fines and penalties OM,MP
with Consent
Order
*Failure to Submit Reports
Required by the Consent Order ►NOV OM/MP
►Warning Notice for SNC Publication for
Continued Failure
► Monetary fines and penalties
.Failure to Comply with ►Administmtive ComplainVFine OM,MP,LC
Consent Order Provisions ►SNC NotificationiPublication OM,MP
(30 days past due) ►Permit Suspension Proceedings OM/MP,LC,GM
Failure to Comply *Missed Milestone in Schedule ►NOV OM, MP
with Compliance ►Monetary fines and penalties
Order
*Failure to Submit Reports ►NOV OM/MP
►Waming Notice for SNC Publication for
Continued Failure
Required by the Consent Order ► Monetary fines and penalties
*Failure to Comply with ►Administrative Complaint/Fine OM,MP,LC
Consent Order Provisions ►SNC NoticationIPublication OM,MP
(30 days past due) ►Permit Suspension Proceedings OM/MP,LC,GM
Failure to Comply *IU Continues to Discharge in ►Issue NOV for Failure to Comply with OM,MP
with Cease&Desist Violation of Limits-No Hann to Cease&Desist Order
Order Brine Line or OCSD ►Compliance lnspecfion-Verification IN
►Increase SeH-Monitoring Requirements OM,MP
►Atlministmtive ComplainVCivil Penalties OM,MP,LC
►Permit Suspension Proceedings IN/OM/MP,LC,GM
*IU Continues to Discharge in ►Issue NOV for Failure to Comply with OM,MP
Violation of Limits-Ham to Cease&Desist Order
Brine Line or OCSD ►Administrative Complaint/Civil Penalties OM,MP,LC
►Complaint for Recovery of SAWPA Incurred
Costs DM,MP,LC
Santa Ana Watershed Project Authority 29 ERP
October 15, 2013
Table 6: Violations of Administrative Mandates(Cont'd)
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Comply olU Continues to Discharge in ►Permit Revocation Proceedings IN/OMIMP,LC,GM
with Cease B Desist Violation of Limits-Hann to ►Criminal Penalties
Order(Cont') Brine Line or OCSD(Cont')
Failure to Comply .IU does not Comply with ►Issue NOV for Failure to Comply with OM,MP
with Permit Directives of the Suspension Permit Suspension or Revocation Order
Suspension or or Revocation Order ►Administrative Complaint/Civil Penalties OM,MP,LC
Revocation Order ►Physical Termination of Service IN/OM/MP,LC,GM
►Complaint for Recovery of SAWPA Incurred
Costs OM,MP,LC
►Criminal Penalties
Santa Ana Watershed Project Authority 30 ERP
October 15, 2013
Table 7: Violations of Ordinance or Special Permit Conditions
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Implement *Initial failure-Initiated action ►Issue Correction Notice with New Compliance IN
any Required Action but missed due date(s) Dates
Need to: tnaUll .Repealed Failure-Missed ►Issue NOV with Notice to Complete in 30-days OM,MP,LC
Treatment or Spill Correction Notice Compliance
Containment a Dates
Representative *Complete Failure-Did Not ►Compliance Meeting IN.OM,MP
Sample Point or initiate actions or failure to ►Administrative ComplainVFine OM,MP,LC
Flow Monitoring complete within 30-days after ►Consent/Compliance Order IN.OM,MP
Equipment NOV Issued
Failure to Submit .Required Submittal Past Due ►Issue Written Warning of Administrative Fine IN,OM
Required Drawings A SNC Publication if not Resolved in 30Eays
B Information
*Complete Failure-Did Not ►SNC NotNcation/Publication OM,MP
Submit Required Information ►Administrative ComplainVFine OM,MP,LC
within 30-days of Written
Warning
Failure to Comply *Initial failure-No Qualified ►Issue Correction Notice with New Compliance IN
with Wastewater Pretreatment System Operator Dates
Treatment Operator Employed
Requirement
*Continued Failure-Does Not ►Issue NOV with Notice to Complete in 30-days OM, MP. LC
Employ Qualified Treatment
System Operator within
Time Frame Established in
Correction Notice
*Complete Failure-Does Not ►Administrative Complaint/Fine OM,MP,LC
Employ Qualified Treatment
System Operator within 30-
Days of NOV
Failure to Comply *First-time Violation ►Issue Written Warning with Compliance Deadlines IN,OM
with Record-Keeping ►Compliance Follow-up InspectionNerification IN
Requirements
*Failure to Correct Problem ►Issue NOV Requiring Correction within 30-Days IN,OM
Failure to Comply *Initial Violation-Detected ►Issue NOV Requiring Immediate Correction IN,OM
with Prohibitions During Inspection ►Compliance Follow-up InspectionNerification IN
*Failure to Correct Problem ►Issue NOV Requiring Immediate Correction IN,OM
►Compliance Audit/Inspection IN
►Comipllance Meeting IN,OM,MP
Santa Ana Watershed Project Authority 31 ERP
October 15, 2013
Table 7: Violations of Ordinance or Special Permit Conditions (Cont'd)
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Comply .Failure to Correct Problem ►Consent or Compliance Order OM,MP
with Prohibitions ►Administretive ComplainVFine OM,MP,LC
Entry Denial *initial Refusal to Allow ►Written Notice-Informing lU of SAWPA Authority IN,OM
Inspection of Facility to Conduct Inspections/Sampling
*Subsequent Denial ►Permit Revocation Proceedings OM/MP,LC,GM
Failure to Submit -
Initial Failure ►Issue NOV Requiring Immediate Correction IN,OM
Permit Application
.Repeatedly Ignores Notice to ►Physical Termination of Service OM,MP,LC,GM
Submit Application
Santa Ana Watershed Project Authority 32 ERP
October 15, 2013
ERP OVERVIEW PROCESS
FLOW DIAGRAM
Figure
Santa Ana Watershed Project Authority 33 ERP
October 15, 2013
Figure 2—ERP Overview
SANTA ANA WATER PROJECT AUTHORITY
ENFORCEMENT RESPONSE GUIDE (OVERVIEW)
4 Ili
Minor
Violation
Parchums
Vb41on9
Y.
Major w
Violation
Written
Warning
Correction
Notice
Where the Violation Causes or
Contributes to an Actual Hazard or Recusirgfor
Endangerment to Health and Welfare or same Pallulaern
the Environment; Interferes with Y.
Treaanent Operations;Causes OCSD to
Violate its NPDES Permit;or the User Notice of No
Fails to Obtain a Valid Wastewater Violation
Discharge Permit
End
Where Violation has the Potential to Threaten
SAWPA or OCSD's Facilities.Staff,or the Public
Suspension Order -Or Me User Continues to Discharge without a
Valid Permit
Cease and Desist Consent Order Compliance Ober
Order
Termination
of Service
Show
Cause
SPECIAL NOTE: Hearing
This Response Guide Shows Me Typical
Progression of Escalating Enforcement-
The Enforcement Action Ceases at Me
Step Where the IU Achieves Compliance :W.ste Discharge Administrative
mit Revocation Complaint Civil Liabilities Criminal Penalties
■ Joint Enforcement between SAWPA and Member/Contract Agency
Santa Ana Watershed Project Authority -34- ERP
October 15, 2013
Table 8: Personnel Responsibilities
ENFORCEMENT RESPONSE PLAN PERSONNEL ASSIGNMENT BY ROLE
Agency: Date Completed:
Code General Title Agency Job Title
AA Administrative Assistant
IN Inspector
OM Engineering&Operations
Manager
EN Engineer/Permit Writer
MP Manager of Permitting&
Pretreatment
GM General Manager
LC Legal Counsel
Santa Ana Watershed Project Authority -35- ERP
October 15, 2013
FM
Pretreatment Program
Enforcement Response Plan
October 15, 2013
Table of Contents
1.0 Introduction~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~3
/\. Implementation 0[Program............................................................................................................3
B. CVDb.Vl Authority............................................................................................................................3
C. ERP Objectives...............................................................................................................................4
D. Member and Contract Agencies~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~ 5
2.0ERP- Overview~~~.~~.~~.~~^^. ~^.^.^ ^~^.^.^. ~^.^.^ ~.^.^.^. ~^.^.^ ^~^.^^.6
A. Pretreatment Program Elements .....................................................................................................6
B. Enforcement Response PlaD-Determination of Response.......................6
C. Carrying out of Enforcement~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~..7
D. Enforcement Closure......................................................................................................................7
E. Significant Non- .......... ............ ............ ......7
3.0ERP Screening step............................................................................................................................... 8
A. Implementation 0{Enforcement Actions.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~ 8
4.0 Violation Types................................................................................................................................... [A
A. Administrative Violations............................................................................................................. }0
l. Minor Administrative Vi0{ati0DS.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. 10
2. Major Administrative Violations.............................................................................................. 10
B. Violations of Discharge Limitations............................................................................................. 11
}. Minor Violations....................................................................................................................... }{
2. Maj0l\/i0}Wti0DS.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. |i
C. Unclassified Violations................................................................................................................. 1/
D. Separate Violations....................................................................................................................... 11
5.0 Basis for ERP & Guide....................................................................................................................... }2
A. Violation Categories~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~. |2
l. Unauthorized Discharges.......................................................................................................... 12
2. E%ceeJ8DceVf Discharge Limits .............................................................................................. l2
3. Violation 0fSelf-Monitoring Requirements............................................................................. }3
4. Violation 0{Permit Reporting Requirements........................................................................... 13
5. Violation 0[Administrative Mandates...................................................................................... 13
6. Violation VfOrdinance and Permit Conditions........................................................................ l3
B. Range of Enforcement Responses ~~.~.............................~~. }4
|. Informal Notice~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. |4
2. Written Warning.~~......~~...~...... ...... ........ ...... ...... 14
3. Correction Notice...................................................................................................................... l4
4. Information Order ......................... }5
5. Notice 0{Violation(N()l/).~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. 15
6. Violation Meeting..................................................................................................................... [5
7. Consent Order........................................................................................................................... l5
8. Compliance Order..................................................................................................................... l5
9. Civil Penalty Order.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~. 16
10. Cease and Desist Order......................................................................................................... [6
11. Show Cause Hearing.... ......,.,., ............ ............ ..... l6
12. Wastewater Discharge Permit Revocation............................................................................ l6
13. Emergency Suspension{}Oltr.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. 16
14. Termination 0[Service ...~~.~~.~~.~~.~. ~^.~~ ~.~ ~~. ~~^~^ ^~^.^. [7
15. Annual Publication for Significant Noncompliance............................................................. l7
Santa Ana Watershed Project Authority 1 ERP
October 15, 2013
16. Administrative Complaint..................................................................................................... 17
17. Civil Liability........................................................................................................................ 18
18. Criminal Penalties................................................................................................................. 18
19. Supplemental Enforcement Actions..................................................................................... 18
C. Criteria for Determining Appropriate Enforcement Actions........................................................ 18
1. Magnitude of the Violation....................................................................................................... 19
2. Duration and/or Frequency of the Violation............................................................................. 19
3. The Effect of the Violation on Public Health or the Environment........................................... 19
4. The Effect of the Violation on the Brine Line, OCSD's POTW,or Agency Personnel........... 19
5. Compliance History of the HJ................................................................................................... 19
6. Good Faith Efforts of the HJ to Eliminate Noncompliance...................................................... 19
D. Personnel Responsibilities............................................................................................................ 20
E. Enforcement Response Timeliness...............................................................................................20
List of Figures
Figure 1.1 —Pretreatment Program Regulatory Structure..........................................................5
Figure 3.1 —Violations Type Overview.............................................................................8
Figure2—ERP Overview............................................................................................34
List of Tables
Table I —ERP and Guide Implementation Timefirames...........................................................21
Table 2—Unauthorized Discharge Violations........................................................................22
Table 3—Violation of Discharge Limits.............................................................................24
Table 4—Violation of Self-Monitoring Requirements............................................................26
Table 5—Violation of Permit Reporting Requirements..........................................................28
Table 6—Violation of Administrative Mandates..................................................................29
Table 7—Violations of Ordinance or Special Permit Conditions..............................................31
Table 8—Personnel Responsibilities...............................................................................35
Santa Ana Watershed Project Authority 2 ERP
October 15, 2013
1 . 0 INTRODUCTION
A. IMPLEMENTATION OF PROGRAM
The Santa Ana Water Project Authority (SAWPA) Commissioners and the corresponding Member
and Contract Agencies (see Section 1.O.D) are committed to effectively enforcing the 40 CFR 403
Pretreatment Regulations and the agreements with Orange County Sanitation District(OCSD)by:
o Establishing and adopting an ordinance which regulates the use and quality of discharges
permitted to the Inland Empire Brine Line;
o Administering a permitting program to regulate industrial wastewater discharges from
Industrial Users(IU's);
o Monitoring and tracking compliance through inspection of IU facilities and sampling
industrial wastewater discharges;
o Evaluating and screening the results of inspection and sampling to identify pretreatment
program violations;
o Consistently responding to pretreatment program violations to ensure long-term compliance;
and
o Requiring IUs, as necessary, to treat their industrial waste and/or implement Best
Management Practices (BMP's) prior to discharge in order to meet the established
limitations.
The general procedures for implementing the above items we outlined in SAWPA's Pretreatment
Program Policy Manual and Procedures Documents. Ordinance No. 7, Article 6, Section 601.0
(Enforcement Response Plan), states that, "To the extent required by law or agreement, SAWPA
shall use an Enforcement Response Plan (ERP), as required by 40CFR 430.8(f) (5) and adopted by
resolution, to coordinate progressive enforcement actions against Users and persons in
noncompliance with this Ordinance." This document serves as the Enforcement Response Plan
(ERP).
B. CONTROL AUTHORITY
The ERP provides guidelines to ensure consistent and reasonable enforcement responses to
noncompliance with the Ordinance and permits issued to IUs. OCSD owns and operates the
Publicly Owned Treatment Works (POTW) to which the Brine Line discharges and has been
issued the National Pollution Discharge Elimination System (NPDES) permit by the Santa Ana
Regional Water Quality Control Board (SARWQCB), and therefore serves as the Control
Authority in accordance with the provisions established by the Federal Pretreatment
Regulations (40 CFR 403). The key to an effective ERP is to establish clear guidelines, with
flexibility where it is needed, and procedures with clew lines of authority for carrying out the
primary purpose and intent of the ERP which is to consistently meet water quality goals and
compliance standards established by Federal, State, and local regulatory agencies.
A Memorandum of Understanding between County Sanitation District No. 1 of Orange County(now
known as Orange County Sanitation District,OCSD)and the SAWPA was entered into on April 1,
1991 (1991 MOU). The 1991 MOU contains specific language related to retention of powers,water
quality,permitting,inspection,monitoring,enforcement, and reporting processes related to
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October 15, 2013
wastewater discharges originating in the Upper Watershed of the Santa Ana Regional Interceptor
Line(now known as the Inland Empire Brine Line or Brine Line).
The 1991 MOU, Section 6.C, states that SAWPA,each Member Agency and each Contract Agency
are assigned the responsibility to develop, implement, and enforce a Pretreatment Program and
assume all obligations set forth in Title 40, CFR Part 403.
SAWPA has a Multijurisdictional Pretreatment Agreement(MJPA)with the Member Agencies and
the Contract Agencies to define the overall roles and responsibilities of all parties. The MJPA is
being revised(2013)to include SAWPA issuing and executing dual signatory permits with the
corresponding Member or Contract Agency to all dischargers.
In terms of 40 CFR 403,the RWQCB of the State of California's Environmental Protection Agency
is the Approval Authority, and OCSD is the Control Authority. Per Section LE of the 1991 MOU,
SAWPA retains the power to exercise jurisdiction and control in accordance with OCSD's ordinance
related to the quality requirements to be met by all dischargers of wastewater tributary to OCSD's
treatment and disposal facilities. SAWPA is considered a Delegated Control Authority and with its
Member Agencies and Contract Agencies through the MJPA and Ordinance No. 7, administer the
Program by performing permitting, inspections,monitoring,enforcement, and reporting duties as
stated in the 1991 MOU.
The 1991 MOU between OCSD and SAWPA(Section 6.C) stipulates that each Member Agency and
all other Contract Agencies that discharge to the Brine Line are to enter into an agreement with
SAWPA that acknowledges their responsibility to develop, implement, and enforce an industrial
pretreatment program and all obligations in 40 CFR 403.
The implementation of this ERP by SAWPA, Member Agencies, and Contract Agencies allows for
compliance with the 1991 MOU and 40 CFR 403.
C. ERP OBJECTIVES
The ERP works in conjunction with the Pretreatment Program Policy Manual, Procedures Document
and Standard Operating Procedures (SOPs) to effectively administer the pretreatment program
requirements. The overall pretreatment program provides a systematic way of determining whether
IUs are complying with requirements specified in the control mechanisms and legal authorities. The
ERP stipulates how and when to respond to noncompliance. All approved pretreatment programs are
required by federal regulation 40 CFR 403.8(t)(5) to develop and implement an effective ERP. The
ERP establishes progressive enforcement measures and may include a range of administrative
penalties associated for each level of enforcement. The consistency in enforcement response (e.g.
How Enforcement Actions are Implemented) is assured through the ERP. The ERP is designed to
meet the following objectives:
o Identify (in conjunction with the monitoring and inspection portion of the Pretreatment
Program) and investigate instances of noncompliance;
o Establish enforcement responses that are appropriate in relation to the nature and severity of
the violation and the overall degree of noncompliance; and
o Provide a guide to encourage uniform application of enforcement responses for comparable
levels and types of violations and to ensure adequate, consistent, and timely enforcement
actions.
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D. MEMBER AND CONTRACT AGENCIES
Member Agencies are agencies that are part of SAWPA joint powers authority and part of the
SAWPA Pretreatment Program through a multijurisdictional agreement while Contract Agencies are
part of the SAWPA Pretreatment Program through the same multi-jurisdictional agreement without
being SAWPA members under the joint powers authority.
SAWPA's five member agencies are:
• Eastern Municipal Water District
• Western Municipal Water District
• Inland Empire Utilities Agency
• San Bernardino Valley Municipal Water District
• Orange County Water District(not part of the Pretreatment Program)
As of September 2013,the Contact Agencies included in the SAWPA Pretreatment Program are San
Bernardino Municipal Water Department,Yucaipa Valley Water District and Jurupa Community
Services District(JCSD).
Regardless of the affiliation with SAWPA both Member and Contract Agencies have a role in the
implementation of this ERP. Figure 1-1 illustrates the relationship between, OCSD, SAWPA,
Member Agencies, and Contract Agencies.
FIGURE I-1. PRETREATMENT PROGRAM REGULATORY STRUCTURE
Approval Authority
Control Authority
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Auhority
Contract
Agencies
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2 . 0 ERP - OVERVIEW
A. PRETREATMENT PROGRAM ELEMENTS
SAWPA's pretreatment program is administered through the Pretreatment Program Policy Manual
and the Procedures Documents. The Program is a network of several interdependent elements of the
Pretreatment Program Policy Manual and the Procedures Documents. Below is a general description
of the particular elements interface with enforcement.
1. The Legal Authority (Ordinance and Local Limits resolution) establishes the general
program requirements and the legal authority for the pretreatment program; defines
discharge limitations and prohibitions; and establishes and defines IU classifications; and
associated general monitoring and reporting requirements.
2. The permit contains specific IU requirements related to monitoring and reporting,
discharge limitations, and establishes approved sampling location(s) and frequency for
sampling wastewater discharges and monitoring flow rates.
3. Inspections are conducted to observe operation of the facility and ensure compliance.
Routine inspections are comprehensive evaluations of the IUs' manufacturing processes
and pretreatment equipment and monitoring devices. Other types of inspections can be
performed to verify compliance.
4. IU self-monitoring and sampling conducted by the delegated control authority is used to
provide a means to confirm compliance with the established limitations stated in the
permit and legal authority.
5. Results review/compliance screening confirms compliance with the established
limitations. Review of the results from the self-monitoring and sampling are compared
against the established limitations. In addition,required reports from the IU are reviewed
against established criteria, including timeliness.
Typically, when non-compliance is identified, it is compared to requirements established by
regulation, the legal authority, or permit requirements. Non-compliance is typically identified during
inspections or monitoring(sampling,reporting, etc.)results review/compliance screening.
B. ENFORCEMENT RESPONSE PLAN-DETERMINATION OF RESPONSE
If violations or other discrepancies are identified during Inspections or the Results
Review/Compliance Screening processes appropriate personnel evaluate the type of enforcement
response needed by utilizing the ERP. The ERP provides an enforcement response plan and guide to
assist in determining the appropriate enforcement response. These enforcement response
implementation guidelines are provide in Tables 1-7 located at the end of the document. The ERP
identifies the appropriate response based upon the:
o Nature,
o Frequency,
o Magnitude,
o Duration,
o Potential Impact, and
o Good Faith Efforts by the Violator to Eliminate the Noncompliance
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C. CARRYING OUT OF ENFORCEMENT
Once the appropriate enforcement action is identified, the implementation is assigned to specific
personnel that have been identified in the ERP to have the authority to take that level of action. The
ERP also stipulates the time frame for taking required actions.
D. ENFORCEMENT CLOSURE
Depending on the nature of the enforcement action, in some cases verification or follow-up is
required. Minor/administrative enforcement action may be self-closing (e.g.,provide the report with
all the attachments). While other enforcement actions can involve installation of new equipment that
must be tested, etc. Verification can include additional sampling or inspections.
E. SIGNIFICANT NON-COMPLIANCE
SAWPA and the Member/Contract Agencies are responsible for identifying,tracking and addressing
significant non-compliance by IUs as a component of this ERP. Significant Non-Compliance (SNC)
will be determined on a fiscal year defined as July 1 through June 30 to coincide with OCSD's
annual reporting. Publication of the SNC as required by Pretreatment Program requirements will be
lead by SAWPA.
SNC is defined in 40CFR403.3(1)as follows:
1. Chronic violations of wastewater discharge limits,defined here as those in which 66 percent or more of
all the measurements for each pollutant parameter taken during a 6-month period exceed(by any
magnitude)a numeric pretreatment standard or requirement,including instantaneous limits,as defined by
40 CFR 403.3(I)
2. Technical Review Criteria(TRC)violations,defined here as those in which 33 percent or more of all the
measurements for each pollutant parameter taken during a 6-month period equal or exceed the product of
the numeric pretreatment standard or requirement including instantaneous limits,as defined by 40 CFR
403.3(I)multiplied by the applicable TRC(TRC=1.4 for BOD,TSS, fats,oil,and grease and 1.2 for all
other pollutants except pH)
3. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(I)(daily
maximum,long-term average, instantaneous limit,or narrative standard)that the POTW determines has
caused, alone or in combination with other dischargers,interference or pass through(including
endangering the health of POTW personnel or the general public)
4. Any discharge of a pollutant that has caused imminent endangerment to human health,welfare,or to the
environment or has resulted in the POTW's exercise of its emergency authority under paragraph
(0(1)(vi)(B)of 40 CFR 403.8 to halt or prevent such a discharge
5. Failure to meet,within 90 days after the schedule date,a compliance schedule milestone contained in a
local control mechanism or enforcement order for starting construction,completing construction,or
attaining final compliance
6. Failure to provide,within 45 days2 after the due date,required reports such as baseline monitoring reports,
90-day compliance reports,periodic self-monitoring reports,and reports on compliance with compliance
schedules
7. Failure to accurately report noncompliance
8. Any other violation or group of violations,which can include a violation of best management practices,
that the POTW determines will adversely affect the operation or implementation of the local pretreatment
program.
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3 . 0 E R P SCREENING STEP
A. IMPLEMENTATION OF ENFORCEMENT ACTION%
The violations and discrepancies identified during the screening process are evaluated using the
ERP. The ERP is used to:
o Determine the appropriate enforcement steps (initial and follow-up);
o Establish staff responsibilities for implementing the enforcement action(s); and
o Designate time frames for progressive actions.
a. Categorizing Various Types of Violations. The first step in developing the ERP was to
prepare a list of typical violations. Categorizing the violations facilitates the organization
of noncompliance into smaller subsets that allows for consistent treatment of all
violations that fall within a specified area of concern. The organization also allows for a
systematic guide to resolving noncompliance using a step-wise escalated enforcement
approach. The first major differentiation comes from the segregation of noncompliance
events into administrative violations, discharge quality violations, and unclassified (all
other) violations as defined in Chapter 4, Section A. Each category is then subdivided
into major and minor violations. Figure 3-1 provides an overview this concept.
Figure 3-1.Violation Types Overview
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b. Range of Enforcement Responses. To be effective, enforcement steps must produce the
desired result — compliance. As such, each instance of noncompliance is handled with
escalating enforcement remedies. Progressively more severe consequences occur when
initial attempts are unsuccessful. Enforcement responses range from verbal (informal)
warnings through written notices, administrative orders, permit revocations, civil actions,
and criminal penalties. Because of the severe consequences associated with some of the
administrative orders, SAWPA encourages timely responses to all instances of
noncompliance. A concerted effort is made by the pretreatment program staff to resolve
instances of noncompliance in a fair and equitable manner.
As stated in Chapter 2, the criteria for determining appropriate enforcement actions is
related directly to the magnitude, duration and frequency of violation(s); the impact on
public health, the environment, the Brine Line and OCSD facilities; the compliance
history of the N; and the good faith efforts of the IU to eliminate the noncompliance.
Chapter 5, Section B below provides a comprehensive discussion of each enforcement
response option.
Certain significant violations, because of the impact on public health and welfare, the
environmental, or equipment operated by SAWPA or OCSD, produce an initial elevated
enforcement response that is appropriate for the level of threat created by the
noncompliance. These judgments are made at the sole discretion of the General Manager.
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4 . 0 VIOLATION TYPES
This Chapter describes the three general areas of violation (Administrative, Discharge Limit, and
other Unclassified). Each general area of violation is further subdivided into major and minor
classifications. Examples are listed in each area to illustrate specific activities that enable SAWPA
to classify, according to significance,the various types of violations.
A. ADMINISTRATIVE VIOLATIONS
Administrative violations are described in Article 6, Section 602.0 of Ordinance No. 7, and are
generally directly related to a failure to report in a timely manner or take a specified action (or take
an inappropriate action).
1. Minor Administrative Violations — Most minor administrative violations are
determined through records review or when due dates are missed. The Minor
Administrative Violations include,but are not limited to:
a. Submission of incomplete reports or questionnaires;
b. Late Reports or failure to submit questionnaires by scheduled due date;
c. Missing a compliance milestone date without prior notification to SAWPA;
d. Failure to conduct sampling including self-monitoring when required;
e. Failure to notify SAWPA of a violation of permit conditions within one (1) working
day of the discovery of the violation; or
f. Failure to pay required fees, penalties, or charges within forty-five (45) calendar days
from the due date.
2. Major Administrative Violations — Major administrative violations, in general, are
those violations that are related to recurring or prolonged noncompliance with reporting
requirements or payment of required fees. Examples of Major Administrative Violations
include,but are not limited to:
a. Failure to respond to previous requests for information or to administrative orders;
b. Missing a compliance date by more than forty-five(45) days;
c. Falsification of documents or attempting to mislead SAWPA or OCSD in any
manner;
d. Failure to cooperate with SAWPA or contracted employees in the course of
performing their assigned duties;
e. A pattern of minor administrative violations;
L Refusal to allow entry to authorized SAWPA or contracted employees, in the course
of performing their job, onto User's property;
g. Failure to produce records or accurately report noncompliance;
h. Failure to submit required reports (self-monitoring, baseline monitoring, 90-day
compliance report, Compliance Schedule progress reports) or submitting such report
more than forty-five(45) days late ;
i. Failure to pay, within sixty (60) calendar days of the due date, any required fee,
penalty or charge as noticed by SAWPA;
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j. Intentional discharge of a prohibited waste by a Liquid Waste Hauler into the Brine
Line or tributaries thereto; or
k. Wastewater discharge without a valid Wastewater Discharge Permit after notification
that a valid permit was not currently in place.
B. VIOLATIONS OF DISCHARGE LIMITATIONS
Discharge violations occur when a limit, either specified in the Wastewater Discharge Ordinance or
the IU permit, has not been achieved(refer to Article 6, Section 603.0 of Ordinance No. 7).
1. Minor Violations — Minor discharge violations are defined as those that, either alone or
in combination with similar User discharge violations, pose,as determined by the General
manger, no significant threat to the public health, safety or welfare, the environment,
Brine Line or tributaries thereto, OCSD's POTW or to any SAWPA employee or
contractor.
2. Major Violations — Major discharge violations include, but are not limited to the
following:
a. Significant noncompliance (SNC) as defined in 40 CFR 403.3(1); see Section 3.E
above;
b. Discharges which, either alone or in combination with other discharges pose, as
determined by the General Manager, a significant threat to the public health, safety or
welfare, the environment, safe and efficient operation of Brine Line or tributaries
thereto, OCSD's POTW or to any SAWPA employee or contractor;
c. Cause or contribute to the additional treatment costs incurred by SAWPA or a
violation of OCSD's NPDES permit, or cause or contribute to pass through,
interference, or other known damages;
d. Discharging regulated pollutants to the Brine Line or tributaries thereto without a
current discharge permit;
e. A pattern of minor discharge violations;
f. Failure to correct a minor discharge violation within a specified time period; or
g. Tampering with or purposely rendering inaccurate any monitoring device, method or
record required to be maintained pursuant to the Wastewater Discharge Ordinance.
C. UNCLASSIFIED VIOLATIONS
The General Manager reserves the right and shall have the discretion to treat any violation that is not
otherwise classified, as a minor or major violation. The General Manager shall consider the
magnitude of the violation, its duration, and its effect on receiving waters, the Brine Line or
tributaries thereto, OCSD's POTW, the health and safety of SAWPA employees, contractors, Users,
and the general public. The General Manager shall also evaluate the User's compliance history, good
faith,and any other factors deemed relevant. (See Article 6, Section 604.0 of Ordinance No. 7).
D. SEPARATE VIOLATIONS
Any User found to be in violation of SAWPA's Ordinance shall be charged with a separate violation
for each day the same violation exists. Wastewater discharge pollutant violations shall be considered
an individual violation for each pollutant in violation(See Article 6, Section 605.0 of Ordinance No.
7).
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5 . 0 BASIS FOR ERP & GUIDE
The following types and patterns of violations represent those which are likely to occur. This
preliminary list establishes an appropriate and consistent enforcement response and provides
guidance for unclassified violations through the precedence set for similar types of classified
violations. This Chapter first describes the different types of violations and then presents the range
of enforcement responses as illustrated in Figure 5-2 found at the end of the ERP.
A. VIOLATION CATEGORIES
The types of violations are organized in six discrete categories: Unauthorized Discharges, Discharge
Limit Violations, Self-Monitoring Requirements, Permit Reporting Requirements, Violations of
Administrative Mandates, and Violations of Ordinance or Permit Conditions. Specific criteria (e.g.
deadlines for reporting, magnitude of violation,etc.)are described in Tables 2-7.
1. Unauthorized Discharges — All violations in this category are for discharges from an
unpermitted source; however the violation can occur under different circumstances. The
enforcement action for each case is dependent upon the harm caused or contributed to by
the violation. The following violations may occur and enforcement responses are
prepared for:
a. Discharging without a permit — The IU may be unaware of the requirements or is
aware but has not obtained a wastewater discharge permit previously. For most of the
SAWPA service area this is an unlikely occurrence for the Brine Line in that direct
dischargers must physically make a connection to the Brine Line and indirect
dischargers must haul their waste to a Collection Station that verifies the discharger
has a permit. For the JCSD service area, illegal or illicit connections, or existing
connections to the collection system are plausible; and Ns connecting without a
wastewater discharge permit may take place.
b. Failure to inform change of ownership—Changes in ownership requires a new permit.
The change in ownership may also change the nature of the discharge.
c. Discharging with an expired permit—Each IU is given sufficient notification to apply
for renewal of a permit. Unauthorized discharge occurs when a permit expires and
the IU continues to discharge.
d. Discharging with a suspended permit.
e. Discharging with a revoked permit— In this category the IU has been notified of the
revocation and may be subjected to a higher level of enforcement relative to the
others above.
2. Exceedance of Discharge Limits— General, specific, and prohibited discharge
standards and limitations are expressed in the IU permit and in the Wastewater Discharge
Ordinance. Any exceedance of those specified limits falls into this category. Violations
to discharge limits may be either major or minor violations depending on the magnitude,
frequency of occurrence, and the effect. The exceedance can be detected during any of
the following:
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a. Routine sampling(self-monitoring or delegated control authority monitoring)
b. Slug load discharge
c. Surveillance sampling
d. Compliance sampling(Under Compliance or Consent Order)
Enforcement responses are provided for: minor discharge violations, major discharge
violations, and recurring discharge violations.
3. Violation of Self-Monitoring Requirements — All [Us that self-monitor have
requirements for scheduled monitoring and reporting of the results. Violations which
may occur and for which enforcement responses have been prepared include:
a. Failure to sample as described in the self-monitoring requirements of the permit
b. Failure to submit self-monitoring report within specified time frame
c. Submitting an incomplete or deficient self-monitoring report
d. Failure to resample following a violation based on self-monitoring results
e. Repeated failure to self-monitor correctly
f. Intentional falsification of self-monitoring reports
g. Selective Reporting
4. Violation of Permit Reporting Requirements - Each IU permits contains specific
reporting requirements. Violations which may occur and for which enforcement
responses have been prepared include:
a. Failure to accurately report effluent flow monitoring data
b. Failure to accurately report process flow monitoring data
e. Failure to accurately report process changes
d. Failure to accurately report batch discharge
e. Failure to accurately report spills and slug loads
5. Violation of Administrative Mandates — These violations are caused when an IU
fails to respond to previously issued mandates, directives, administrative orders,
compliance schedule agreements, etc. Violations which may occur and for which
enforcement responses have been prepared include:
a. Failure to comply with a Correction Notice
b. Failure to comply with a Written Warning
c. Failure to comply with a Monitoring/Production Information Order(MPIO)
d. Failure to comply with a Notice of Violation
e. Failure to comply with a Consent Order
f. Failure to comply with a Compliance Order
g. Failure to comply with a Civil Penalty Order
h. Failure to comply with a Cease and Desist Order
f. Failure to comply with a Permit Revocation Order
6. Violation of Ordinance and Permit Conditions - These violations refer to an IU's
failure to comply with Ordinance or Permit conditions regarding record keeping,
maintenance of pretreatment equipment, BMPs, interfering or denying reasonable access
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to the facility, Ordinance prohibitions, etc. Violations which may occur and for which
enforcement responses have been prepared include:
a. Failure to install or maintain required BMPs, pretreatment equipment, spill
containment, representative sample point, or flow monitoring equipment
b. Failure to maintain records
c. Failure to comply with Ordinance prohibitions
d. Failure to allow reasonable access for the purpose of inspection
B. RANGE OF ENFORCEMENT RESPONSES
A range of enforcement responses has been developed to ensure that reasonable and effective
responses match the urgency for correcting the noncompliance. SAWPA pretreatment program
personnel will follow the provisions of this Enforcement Response Plan and the Wastewater
Discharge Ordinance to determine the appropriate steps to take when resolving noncompliance
issues. The following enforcement actions represent the range of responses available to SAWPA for
eliminating noncompliant activities. Nothing in any of the following enforcement actions shall be
construed to limit any authority of SAWPA to issue any other order or actions which are deemed
necessary to protect Orange County Sanitation District's Treatment Plant, Brine Line, personnel, the
environment, or public health or safety. The following enforcement responses, except for Informal
Notices and Correction Notice me included in Ordinance No. 7, Section 605.0.
1. Informal Notice — An Informal notice is for minor infractions only and may be verbal or
written. The intent is to point out a problem and encourage compliance without taking formal
compliance actions. The notice may come via telephone, e-mail, informal meetings, during an
inspection, or with a reminder letter. All informal notices are documented and retained in case
the IU fails to respond.
2. Written Warning - A Written Warning shall be given to a User identified to have a minor
administrative violation of this Ordinance or permit condition or requirement. The written
warning shall be served personally or by certified mail upon the User, and the written warning
will state the provisions violated, the facts alleged to constitute the violation and may include a
correction notice at the discretion of the General Manager.
3. Correction Notice. A correction notice shall be given to a User to require correction of minor
violations noted during an inspection by the General Manager of the User's facility and may be
issued in conjunction with a written warning.
1. Compliance time extensions may be granted to Users who fail to correct minor violation
required by a correction notice,upon showing of good cause by such User.
2. For purposes of this Section, "good cause" means an unforeseeable and unavoidable
event or series of events, over which User had no control, which prevented or
significantly impaired the User's ability to comply with the correction notice.
A Correction Notice may require a written response within ten (10) business days of receipt;
User shall provide a written explanation to the General Manager of the violation, including
specific actions taken to correct the violation. Submission of such a response in no way relieves
the User of liability for any violations occurring before or after receipt of the written warning
and/or correction notice.
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4. Monitoring/Production Information Order (MPIO) - This type of enforcement response is
warranted when an IU sample result, regardless of who collected the sample, indicates
consecutive violations for the same pollutant or if determined to be in SNC. The MPIO may
include the requirement for fourteen (14) consecutive production days of flow monitoring and
sampling for the pollutant(s) in violation. The MPIO is applicable and may be issued to
categorical users which have production based discharge limits.
5. Notice of Violation (NOV) — The written NOV is issued to an IU that has violated, or
continues to violate, any provision of this Ordinance, related resolution, an individual
Wastewater Discharge Permit or any order issued under this Ordinance. The NOV shall be
served personally or by certified mail upon the IU, and the NOV will state the provisions
violated, the facts alleged to constitute the violation and may include any proposed corrective
actions or monitoring. Within ten (10) business days of the receipt of the NOV, the IU shall
provide a written explanation of the violation, a plan for the satisfactory correction and
prevention thereof, including specific required actions. Submission of such a response and plan
in no way relieves the IU of liability for any violations occurring before or after receipt of the
NOV. .
6. Violation Meeting-This meeting is required when an IU failed to achieve compliance after
issuance of a NOV,or violation(s)resulting in SNC status. The purpose of the meeting is to
determine the appropriate next step in the enforcement process. Options include drafting a
Compliance Order, a Consent Order, or to determine if an extension in the compliance schedule
is warranted. The meeting also offers the User an opportunity to propose solutions or file an
appeal.
7. Consent Order - The General Manager may enter into an agreement with a violating IU that
contains a mutually agreed upon compliance schedule with interim compliance milestones for
correcting noncompliance within a specified time period, for payment of damages, penalties,
fines, or other remedies. The purpose of the Consent Order between SAWPA and the IU is to
allow the IU who has demonstrated a willingness to correct violations a voice in the development
of their Enforcement Compliance Schedule Agreement (ECSA). No element of ECSA shall
exceed nine (9) calendar months in duration.
S. Compliance Order — A Compliance Order shall be issued to an IU that has violated or
continues to violate this Ordinance, the User's Wastewater Discharge Permit, or any other order
issued under this Ordinance. The Compliance Order is to be issued to the IU responsible for the
violation(s)which shall specify the provisions violated and the facts constituting the violation(s),
and shall direct that adequate treatment facilities, devices, or other related appurtenances be
installed and properly operated by a specified time period. Compliance Orders may also contain
such other requirements deems reasonably necessary and appropriate to assure timely
compliance with this Ordinance and to address the noncompliance. Such Order may require the
installation of pretreatment technology, additional self-monitoring, management practices,
adherence to a compliance schedule with milestones, submission of action plans, appearance by
the IU at a specific time and place for a compliance meeting, or other measures necessary to
achieve and maintain compliance. The Compliance Order is developed by the General Manager
without comment from the User and may include a civil penalty pursuant to Ordinance Section
610.H.
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If no public hearing on the alleged violation(s) has been previously conducted, the alleged
violating IU may either submit a written explanation or other response to the Order or request the
General Manager to conduct either an informal meeting or a hearing. Such submission or
request shall be in writing and filed with the General Manager no later than ten (10) calendar
days after receipt of the Order. The request shall not stay the Order.
A Compliance Order may be enforced by an Administrative Complaint under Ordinance Section
610 or by court action.
9. Civil Penalty Order - This Order is issued by the General Manager or SAWPA Counsel. The
Order is used to assess penalties as required by the Ordinance and to cover other costs incurred
by SAPWA in the investigation, monitoring, administrative, legal, enforcement, cleanup and
repairs which are related to the rU's violation(s). This Order may be issued independently or
included with any other Administrative Order.
10. Cease and Desist Order - Cease and Desist Orders are issued to gain immediate compliance
from an IU when violations pose a threat to the Brine Line or tributaries thereto, OCSD's
POTW, SAWPA employees or contractors, the environment, or the public. Cease and Desist
Order may also be issued to an IU who continue to discharge wastewater to the Brine Line or
tributaries thereto, without a valid Wastewater Discharge Permit or in violation of such permit.
The Cease and Desist Order shall include the deadline for suspending the violating discharge or
condition and shall include pertinent facts that support the Cease and Desist Order. Issuance of a
Cease and Desist Order shall not be a bar against, or a prerequisite for taking any other action
against the IU.
11. Show Cause Hearing - An IU which has violated, or continues to violate, any provision of this
Ordinance, an individual Wastewater Discharge Permit, or any Order issued under this
Ordinance, or any other pretreatment standard or requirement adopted by resolution or otherwise,
may be required to appear before the General Manager and show cause why the proposed
enforcement action should not be taken. Notice shall be served on the IU specifying the time and
place for the meeting,the proposed enforcement action,the reasons for such action,and a request
that the IU show cause why the proposed enforcement action should not be taken. The notice of
hewing shall be served personally or by certified mail at least thirty (30) days prior to the
hearing. The hearing shall be in the nature of a meet and confer meeting. A show cause hearing
shall not be a bar against, or prerequisite for,taking any enforcement action against the TU.
12. Wastewater Discharge Permit Revocation - A permit may be revoked for any violation of
any provision of the Ordinance. The violations can include: falsification of required information,
refusing to allow entry to facility for the purpose of inspection, failure to re-apply for a
wastewater discharge permit, failure to pay required fees or charges, or for other reasons deemed
appropriate to protect the interests of SAWPA. Upon determination that there are reasonable
grounds for permit revocation, the General Manager may issue a permit revocation notice
(written and sent by certified mail) with a minimum notification of fifteen (15) days. The
General Manager shall make a hearing available to the User. The show cause hearing as to why
the revocation should not be issued. See the Show Cause Hearing section above for additional
information.
13. Emergency Suspension Order - The General Manager may immediately issue a Suspension
Order of the User's discharge, after notice to the User, in response to an actual or threatened
Santa Ana watershed Project Authority 16 ERP
October 15, 2013
discharge which reasonable appears to be present, or cause an imminent or substantial
endangerment to health and welfare; the environment; a discharge that causes or contributes to a
violation of OCSD's permit limits; interference with the Brine Line; or an endangerment to
OCSD or Brine Line personnel. Failure to comply with the Emergency Suspension Order may
lead to Termination of Service.
14. Termination of Service - The General Manager may immediately terminate all wastewater
disposal services to any User in order to stop an actual or potential discharge which presents an
imminent or substantial endangerment to health and welfare of persons or the environment, or
which cause interference to the Brine Line or tributaries thereto, OCSD's POTW, or cause
OCSD to violate any condition of its NPDES permit. Service may also be terminated for Users
who fail to obtain a valid Wastewater Discharge Permit. If the User fails to terminate the
discharge to the Brine Line and OCSD's POTW, the General Manager shall take such steps as
deemed necessary, including immediate severance of sewer service lateral connections, to
prevent or minimize damage.
15. Annual Publication for Significant Noncompliance - The names of all Significant
Industrial Users (SIUs) which are found to be in significant noncompliance or SNC with
established requirements will be published annually in the largest daily circulating newspaper
within the jurisdiction of SAWPA or within the location of the IU in accordance with 40 CFR
403.8(0(2)(viii).
16. Administrative Complaint - The General Manager of SAWPA may issue an Administrative
Complaint to any User who violates the Ordinance, a Wastewater Discharge Permit, or an
Administrative Order. Administrative Complaints are used to assess civil liability and to propose
a civil penalty. The Administrative Complaint is served by personal delivery or certified mail on
the IU. It informs the IU served that a bearing is to be conducted within sixty(60) days after the
IU has been served. The hearing and waiver procedures are found in the Ordinance, Section
610.0.
Santa Ana Watershed Project Authority 17 ERP
October 15, 2013
At SAWPA's discretion, Civil Penalties may be imposed in accordance with Government Code,
Section 54740.5(d)as follows:
o In an amount not exceeding $2,000.00 for each day an IU fails or refuses to furnish
technical or monitoring reports;
o In an amount not exceeding $3,000.00 for each day an IU fails or refuses to timely
comply with any compliance schedule established by the General Manager;
o In an amount not exceeding $5,000.00 per violation for each day for discharges in
violation of any waste discharge limitation, permit condition, or requirement issued,
reissued, or adopted by SAWPA;
o In an amount not exceeding $10.00 per gallon for discharges in violation of any
suspension, cease and desist, or other order(s) issued, reissued or adopted by the General
Manager.
Any user aggrieved by a final order issued by SAWPA, under the Administrative Complaint,
may obtain review of the order of the Commission in the Superior Court by filing a petition for
writ of mandate within thirty(30) days following the service of a copy of said order.
17. Civil Liability - Civil liability may be assessed to those Ns as deemed appropriate by
SAWPA's General Manager and Legal Counsel. SAWPA's Legal Counsel is authorized to
petition the Superior Court to impose, assess, and recover a sum,not to exceed $25,000.00 a day
for each violation. The General Manager of SAWPA may also seek to recover reasonable
attorney fees, court costs, and all other costs associated with the enforcement activities.
18. Criminal Penalties - Criminal provisions are included for any User that willfully or knowingly
violates provisions of the Ordinance, Orders, or Permit. If convicted, the User is guilty of a
misdemeanor which includes punishment by a fine not to exceed $1,000.00 per day or
imprisonment for not more than six months, or both, for each violation.
19. Supplemental Enforcement Actions - The General Manager may decline to issue or reissue
a Wastewater Discharge Permit for cause, unless the User files a satisfactory performance bond
payable to SAWPA, in a sum not to exceed a value determined by the General Manager to be
necessary to ensure consistent compliance.
The General Manager may decline to issue or reissue a Wastewater Discharge Permit for cause,
unless the User first submits proof of liability insurance in a sufficient amount to restore or
repair damage to the Brine Line or tributaries thereto or OCSD's POTW.
Water supply severance may also be used in response to a violation or continued violations by an
IU as described in Ordinance Section 615.0.C.
C. CRITERIA FOR DETERMINING APPROPRIATE ENFORCEMENT ACTIONS
The previous two sections of this Chapter described the types of violations likely to occur and the
range of enforcement responses available to SAWPA. This section presents the criteria used in
determining the most appropriate response for each violation. In general, all enforcement responses
are determined by the following criteria: magnitude of the violation, duration and/or frequency of
the violation, effect on the environment or public health, effect on the Brine Line or tributaries
Santa Ana Watershed Project Authority 18 ERP
October 15, 2013
thereto, effect on OCSD's POTW and their compliance status, the IU's compliance history, and the
good faith efforts of the IU to return to compliance.
1. Magnitude of the Violation - Violations must be evaluated against the potential or
actual threat created by the noncompliance. While some violations are isolated and
insignificant others, even as a single isolated event, require higher level enforcement
because of the magnitude of the impact created by the violation.
2. Duration and/or Frequency of the Violation - Regardless of the magnitude, the
duration of the violation must be considered in determining the enforcement response.
Escalating enforcement actions are available to discourage repeat (frequent) or long
duration violations.
3. The Effect of the Violation on Public Health or the Environment- The actual or
potential effect of a violation on public health or the environment is a significant factor in
determining the appropriate level of response. Enforcement responses needed to correct
violations that endanger public health or the environment is elevated to a higher level of
significance in order to correct the situation in a timely manner. The response includes
provisions for recovering costs incurred by SAWPA or OCSD as a result of the
noncompliance.
4. The Effect of the Violation on the Brine Line, OCSD's POTW, or Agency
Personnel - Violations which jeopardize the Brine Line, OCSD's POTW, or agency
personnel requires a level of response that minimizes the extent of the damage and
returns the User to compliance immediately. The response includes provisions for
recovering costs incurred by SAWPA or OCSD as a result of the noncompliance.
5. Compliance History of the IU - In determining the appropriate level of enforcement
response, the compliance history of the IU is taken into consideration. This history of
compliance also includes the IU's efforts in maintaining pretreatment equipment and the
development and implementation of pollution prevention and waste minimization
programs.
6. Good Faith Efforts of the ILI to Eliminate Noncompliance - Efforts by the IU to
eliminate noncompliance me factored into the enforcement response decision. Good faith
efforts is defined in the Clean Water Act (No. 95-14, Vol.3) as prompt and vigorous
pollution control measures undertaken by the discharger which shows that extraordinary
efforts (not a"business-as-usual"approach)have been made to achieve compliance.
Santa Ana Watershed Project Authority 19 ERP
October 15, 2013
U. PERSONNEL RESPONSIBILITIES
Specific personnel have been identified for implementing the various enforcement activities and
responses. The General Manager of SAWPA has delegated responsibilities for each of the
enforcement responses as identified in Section B of this Chapter. The following abbreviations are
used in the ERP and Guide to indicate designated personnel:
AA: Administrative Assistant
IN : Inspector
OM: Eng. &Operations Manager
EN: Engineer/Permit Writer
MP: Manager of Permitting& Pretreatment
GM: General Manager
LC: Legal Counsel
SAWPA and the Member/Contract Agencies should designate the specific positions by job title or
classification that are assigned the responsibilities listed above. Table 8 found at the end of the ERP
should be completed for that designation to be documented. The designation should be byjob title
and not the person's name.
E. ENFORCEMENT RESPONSE TIMELINESS
Enforcement responses must be implemented as soon as violations we identified during the
screening process. Table 1 presents the guidelines established by SAWPA to ensure timely
responses to all noncompliance. The timelines are intended as guidelines and as a target for
responses under normal situations. As such, the actual response time, depending upon extenuating
circumstances, may be shorter or longer. SAWPA recognizes that unforeseen circumstances may
interfere in the implementation of the enforcement response which may result in the completion of
the required response beyond a time period otherwise anticipated or set forth in Table 1. An
example or overview of progressive response to noncompliance is illustrated in Figure 2 — ERP
Overview.
Santa Ana Watershed Project Authority 20 ERP
October 15, 2013
Table I: ERP and Guide Timeframes
Enforcement Response Implementation Guidelines
Enforcement Response Im lementation Guidelines
Goal
work days) From
Informal Notices 5 Days Date the violation was identified
Correction Notice 5 Days Dale the violation was identified
Written Warning 10 Days Dale the violation was identified
Compliance Follow-up Inspection 30 Days Date the violation was identified
Compliance Audit 90 Days Date the NOV was transmitted
MPIO 10 Days Date the violation was identified
NOV 15 Days Date the violation was identified
Violation Meeting 30 Days Dale of compliance follow-up inspection
Consent Order 30 Days Date of Compliance Meeting
Compliance Order 30 Days Date of Compliance Meeting
Complaint to Recover Incurred Costs 90 Days Date when harm identified
Cease and Desist Order 10 Days Date IU fails to submit required permit application
5 Days Date IU's permit expired
2 Days Dale IU's permit suspended
1 Day Date when IU was known to have caused harm
1ODays Date for other appropriate unspecified violations
Show Cause Hearing 60 Days Dale of Violation Meeting
Suspension Order 1 Day Dale of Findings
Permit Revocation 30 Days From Hearing Date
Physical Termination of Service 10 Days Dale when IU notified of unpermilted discharge
10 Days Date when IU failed to comply with administrative
mandate
10 Days Date for other appropriate unspecified conditions
Notify Industry of SNC Status 10 Days Date from which SNC Status verified
Published during 1st Quarter of each Calendar
SNC Publication Annually Year
Administrative Complaint/Fine 60 Days Date from NOV
Civil Action to Recover Civil
Penalties 90 Days Date from NOV
The tables that follow summarize the anticipated violations, enforcement responses and the
personnel responsible for implementing the enforcement action(s). The guidance listed in each
table provides the necessary remedies to ensure a consistent approach with escalating
enforcement actions being implemented by progressively higher levels of autbority.
Santa Ana Watershed Project Authority 21 ERP
October 15, 2013
ENFORCEMENT RESPONSE PLAN AND GUIDE
Table 2: Unauthorized Discharge Violations
Nature of
Violation Circumstances Range of Enforcement Response Personnel
Discharging .No Harm to Brine Line or ►NOV with Notice to submit permit
without OCSD application IN,EN
a Permit ►Cease&Desist Order OM,MP
►Administrative ComplainVFine OM,MP,LC
►Physical Termination of Service IN/OWIAP,LC,GM
.Harm to Brine Line or OCSD ►NOV with Notice to submit permit
application IN,EN
►Cease&Desist Order OM,MP
►Complaint for Recovery of SAWPA
Incurred Costs MP,LC
►Administrative Complaint/Fine OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
.No Harm to Brine Line or ►NOV with Notice to submit permit
Failure to Inform OCSD application IN,EN
Change of
Ownership ►Cease&Desist Order OM,MP
►Adminislrotive Complaint Fine OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
.Harm to Brine Line or OCSD ►NOV with Notice to submit permit
application IN,EN
►Cease&Desist Order OM,MP
►Complaint for Recovery of SAWPA
Incurred Costs MP,LC
►Administrative ComplaintlFine OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
Discharging with .Itl fails to renew permit on ►Cease&Desist Order OM,MP
Expired Permit time after proper notice- ►Administrative Complaint/Fine OM,MP,LC
Discharge has not caused
harts to Brine Line or OCSD ►Physical Termination of Service IN/OWMP,LC,GM
.IIJ fails to renew permit on ►Cease&Desist Order OM,MP
►Complaint for Recovery of SAWPA
time after proper notice- Incurred Costs MP,LC
Discharge has mused harm ►Administrative CDmplaintlFine OM,MP,LC
to Brine Line or OCSD ►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
.No Harm to Brine Line or
Discharging with OCSD ►Cease&Desist Order OM,MP
Suspended Permit ►Administrative CDmplaintlFine OM,MP,LC
►Permit Revocation Proceedings IN/OhllMP,LC,GM
.Harm to Brine Line or
OCSD ►Cease&Desist Order IN,EN
►Administrative ComplainUCivil Penalties OM,MP,LC
►Complaint for Recovery of SAWPA
Incurred Costs OM,MP,LC
Santa Ana Watershed Project Authority 22 ERP
October 15, 2013
Table 2: Unauthorized Discharge Violations (Cont'd)
Nature of
Violation Circumstances Range of Enforcement Response Personnel
Discharging with .Harm to Bnne Line or OCSD ►Permit Revocation Proceedings IN/OM/MP,LC,GM
Suspended Permit
(Cont') ►Criminal Penalties
.No Harm to Brine Line or
Discharging with OCSD ►Cease&Desist Order/Court Injunction IN/OWMP,LC,GM
Revoked Permit II-Administrative Complaint/Civil Penalties OM,MP,LC
.Hann to Brine Line or
OCSD ►Court Injunction IN/OWMP,LC,GM
►Administrative ComplainUCivil Penalties OM,MP,LC
►Complaint for Recovery of SAWPA
Incurred Costs OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
Santa Ana Watershed Project Authority 23 ERP
October 15, 2013
Table 3: Violations of Discharge Limits
Nature of Violation Circumstances Range of Enforcement Response' Personnel
Permit Limit *Isolated or first violation within ►Written Warning,NOV AA, IN,OM
Eaceerlance a six-month period-Minor ►Compliance Follow-up Inspection&Vedfcation IN
Violation
.Isolated or rest violation within III NOV AA, IN,OM
a six month period-Major ►Compliance Follow-up Inspection&Verification IN
Violation ►Compliance Audit IN,OM
►Compliance Meeting IN.OM,MP
►ConsenNCompliance Order OM,MP
►NOV with monetary penalty
oRecuning,2 or more within MPIO AA,IN,OM
a six-month period,Major or ►Compliance Follow-up Inspection&Verification IN
Minor ►Compliance Audit IN,OM
►Violation Meeting IN.OM,MP
►Consent/Compliance Omer IN.Olvll
BMP .Isolated or first violation within ►Written Warning,NOV AA,IN,OM
Requirements Not Met a six-month period-Minor ►Compliance Follow-up Inspection&Verification IN
Violation
*Isolated or first violation within ►NOV AA,IN,OM
a six month period-Major ►Compliance Follow-up Inspection&Verification IN
Violation ►Compliance Audit IN,OM
►Compliance Meeting KOMI
►Consent/Compliance Order OM,MP
oRecuning,2 or more within ►NOV AA,IN,OM
a six-month period,Major or ►Compliance Follow-up Inspection&Verification IN
Minor ►Compliance Audit IN,OM
►Violation Meeting IN.OM,MP
►Consent/Compliance Order IN.OM,MP
Slug Load .Isolated or first violation within ►Issue Cease&Desist Order OM,MP
Discharge a six-month period-No Ham ►Compliance Follow-up Inspection&Verification IN
to Brine Line or OCSD ►Administrative ComplaintlFlne OM,MP,LC
*Isolated or first violation within ►Issue Cease&Desist Order OM,MP
a six-month period-Harm ►Compliance Follow-up Inspection&Verification IN
to Brine Line or OCSD ►Complaint for Recovery of SAWPA Incurred Costs MP,LC
►Administrative Complairil l Penalties Civil LC
'h6Ynrhuk tronemry rms orperetrs at SARPAY deactorn
Santa Ana Watershed Project Authority 24 ERP
October 15, 2013
Table 3: Violations of Discharge Limits(Cont'd)
Nature of Violation Circumstances Range of Enforcement Response 2 Personnel
Slug Load .Retuning,2 or more within ►Cease&Desist Order OM,MP
Discharge
(Coot') a six-month period-No Hann ►Compliance Follow-up Inspection&Verification IN
to Brine Line or OCSD ►Permit Suspension Proceedings OM/MP LC,GM
►Atlministmtive ComplainUFine OM,MP,LC
.Retuning,2 or more within ►Cease&Desist Order OM,MP
a six-month period-Harm ►Compliance Fallow-up Inspection&Verification IN
to Brine Line or OCSD ►Permit Suspension Proceedings OM/MP LC,GM
►Complaint for Recovery of SAWPA Incurred Costs MP,LC
►Atlministmtive ComplainUFine OM,MP,LC
Surveillance .IU in Violation of Discharge ►Cease&Desist Order OM,MP
(Downstream) Limits-Minor ►Compliance Meeting IN.OM,MP
Sampling ►Atlministmtive ComplainUFine OM,MP,LC
►Issue Compliance/Consent Order OM,MP
.IU in Violation of Discharge ►Cease&Desist Order
Limits-Me or ►Com Iiamce Meeting IN.OM,MP
.IU in Violation of Discharge ►Administrative Complaint/Fine OM,MP,LC
Limits-Major ►Permit Suspension Proceedings OM,MP,LC,GM
►Issue Compliance/Consent Order OM,MP
Permit Limit Exceedance .First Violation-Major or Minor ►Written Warning,NOV AA,IN,OM
While Under Compliance ►Issue Cease&Desist Order OM,MP
or Consent Order ►Compliance Follow-up Inspection&Verification IN
.Recuring,2 or more within ►NOV AA,IN,OM
the duration of the Compliance ►Administrative ComplainUFine OM,MP,LC
or Consent Order ►Compliance Follow-up Inspection&Verification IN
►Permit Suspension Proceedings OM,MP LC,GM
2 hhy Srhrdr at SARPAY d¢cretvm
Santa Ana Watershed Project Authority 25 ERP
October 15, 2013
Table 4: Violations of Self-Monitoring Requirements
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Perform •First Occurrence ► NOV to Submit SMR within 10 days AA,IN
Self-Monitoring
•Subsequent Occurrences ►NOV with Written Warning of Administrative AA,IN
Fine/SNC Noffication/Publication
► SNC Notifcation/Publication OM,MP
►Administrative Complaint/Fine OM,MP,LC,GM
Failure to Submit .Report is past Due(10 Days) ►Informal Notice or Written Warning to Submit SMR within 10 days AAIN
Self-Monitoring
Report .Report is past Due(10 Days) ►Issue Written Warning of Administrative AA,IN
past Informal Late Notice Fine/SNC Notification/Publication
*Report is past Due(10 Days) ► SNC NotificationiPublication OM,MP
past Written Warning
*Failure to Submit SMR ►Administrative Complaint/Fine OM,MP,LC,GM
(130 Days)late from tat Notice
Deficient SMR- .Initial Failure-SMR is incomplete ►Notify IU immediately regarding deficiencies and AA,IN
Incomplete/Incorrect or has incorrect information,is that report will be considered past due if revised
not signed by authorized person SMR is not submitted within 10 days from the
orindicate incorrect monitoring original due date
procedures(Resampling Required)
.Subsequent Violation(s) ►Issue NOV OM,MP
Failure to Resample •Report is past due(10 Days) ►Issue Written Warning IN,OM
Following a Self-
Monitoring Violation .Report is past due(30 Days) ►SNC Notification/Publication OM,MP
►Administrative Complaint/Fine OM,MP,LC,GM
Repeated Failure to .Second Violation ►Issue Written Warning IN,OM
Self-Monitor
Correctly .Subsequent Repeal Violation ►Administrative Complaint/Fine OM,MP,LC,GM
Intentional Falsification.First Occurrence ►Issue Notice Informing lU of Allegafon OM,MP
of Self-Monitoring
Reports •Subsequent Occurrences ►Administrative Complaint/Fine OM,MP,LC,GM
Santa Ana Watershed Project Authority 26 ERP
October 15, 2013
Table 4: Violations of Self-Monitoring Requirements(Coil
Nature of Violation Circumstances Range of Enforcement Response Personnel
►Pmmil Revocation Proceedings IN/OM/MP,LC,GM
Failure to Report .First Occurrence ►Issue NOV-Requiring submission of all OM,MP
All Self-Monitoring unreported!results within 45 days-Warning of
Results(selective Administrative fine/SNC Publication if not resolved
reporting)
*Subsequent Occurrences ►Issue NOV-Requiring submission of all OM,MP,LC
unreported results within 45 days-Warning of
Administrative fine/SNC Publication if not resolved
►Administrative Complent/Fine OM,MP,LC,GM
►SNC NotificaborrPublication I OM,MP
Santa Ana Watershed Project Authority 27 ERP
October 15, 2013
Table 5: Violations of Permit Reporting Requirements
Nature of Violation Circumstances Range of Enforcement Response' Personnel
Failure to Comply .Report is Past Due(10 Days) ►Correction Notice and IN,OM
with Flow Meter SNC Publication if Report Late by 45+Days
Data Reporting
Requirements .Report is Past Due(30 Days) le SNC Notlflcatl0NPubllcdtion OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report .Report is Past Due(10 Days) ►Correction Notice and IN,OM
Production Data or SNC Publication if Report Late by 45+Days
Changesin
Production ►SNC Notification/Publication OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report *First-Time Violation ►Issue NOV OM,MP
Process Changes
.Subsequent Violations ►Issue NOV for Repeat Violation OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report .Fiat-Time Violation ►Issue NOV OM,MP
Batch Discharge
.Subsequent Violations ►Issue NOV for Repeat Violation OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report .First-Time Violation ►Issue NOV OM,MP
Spills or Slug Loads
.Subsequent Violations ►Issue NOV for Repeat Violation OM,MP
►Administrative Complaint/Fine OM,MP,LC
h6yhclude xemigofmmedry fines orperiri at SARPAY discretion.
Santa Ana Watershed Project Authority 28 ERP
October 15, 2013
Table 6: Violations of Administrative Mandates
Nature of
Violation Circumstances Range of Enforcement Response Personnel
Failure to Comply *IU does not comply with ►Compliance Inspection-Verification IN
with Monitoring all Provisions of the MPIO but ►Increase SeH-Monitoring Requirements OM,MP
Production is net in SNC ►Consent or Compliance Order OM,MP
Information Order ►Administrative Complaint/Fine OM,MP,LC
(MPIO)
►NOV with Notice to Comply with Discharge
*Failure results in SNC Status Limits IN,EN
►Administmtive ComplainVFine OM,MP,LC
►SNC NotXication/Publication OM,MP
►Pemlit Suspension Proceedings OM/MP,LC,GM
►NOV
Failure to Comply •Missed Milestone in Schedule ►Monetary fines and penalties OM,MP
with Consent
Order
*Failure to Submit Reports
Required by the Consent Order ►NOV OM/MP
►Warning Notice for SNC Publication for
Continued Failure
► Monetary fines and penalties
.Failure to Comply with ►Administmtive ComplainVFine OM,MP,LC
Consent Order Provisions ►SNC NotificationiPublication OM,MP
(30 days past due) ►Permit Suspension Proceedings OM/MP,LC,GM
Failure to Comply *Missed Milestone in Schedule ►NOV OM, MP
with Compliance ►Monetary fines and penalties
Order
*Failure to Submit Reports ►NOV OM/MP
►Waming Notice for SNC Publication for
Continued Failure
Required by the Consent Order ► Monetary fines and penalties
*Failure to Comply with ►Administrative Complaint/Fine OM,MP,LC
Consent Order Provisions ►SNC NoticationIPublication OM,MP
(30 days past due) ►Permit Suspension Proceedings OM/MP,LC,GM
Failure to Comply *IU Continues to Discharge in ►Issue NOV for Failure to Comply with OM,MP
with Cease&Desist Violation of Limits-No Hann to Cease&Desist Order
Order Brine Line or OCSD ►Compliance lnspecfion-Verification IN
►Increase SeH-Monitoring Requirements OM,MP
►Atlministmtive ComplainVCivil Penalties OM,MP,LC
►Permit Suspension Proceedings IN/OM/MP,LC,GM
*IU Continues to Discharge in ►Issue NOV for Failure to Comply with OM,MP
Violation of Limits-Ham to Cease&Desist Order
Brine Line or OCSD ►Administrative Complaint/Civil Penalties OM,MP,LC
►Complaint for Recovery of SAWPA Incurred
Costs DM,MP,LC
Santa Ana Watershed Project Authority 29 ERP
October 15, 2013
Table 6: Violations of Administrative Mandates(Cont'd)
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Comply olU Continues to Discharge in ►Permit Revocation Proceedings IN/OMIMP,LC,GM
with Cease B Desist Violation of Limits-Hann to ►Criminal Penalties
Order(Cont') Brine Line or OCSD(Cont')
Failure to Comply .IU does not Comply with ►Issue NOV for Failure to Comply with OM,MP
with Permit Directives of the Suspension Permit Suspension or Revocation Order
Suspension or or Revocation Order ►Administrative Complaint/Civil Penalties OM,MP,LC
Revocation Order ►Physical Termination of Service IN/OM/MP,LC,GM
►Complaint for Recovery of SAWPA Incurred
Costs OM,MP,LC
►Criminal Penalties
Santa Ana Watershed Project Authority 30 ERP
October 15, 2013
Table 7: Violations of Ordinance or Special Permit Conditions
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Implement *Initial failure-Initiated action ►Issue Correction Notice with New Compliance IN
any Required Action but missed due date(s) Dates
Need to: tnaUll .Repealed Failure-Missed ►Issue NOV with Notice to Complete in 30-days OM,MP,LC
Treatment or Spill Correction Notice Compliance
Containment a Dates
Representative *Complete Failure-Did Not ►Compliance Meeting IN.OM,MP
Sample Point or initiate actions or failure to ►Administrative ComplainVFine OM,MP,LC
Flow Monitoring complete within 30-days after ►Consent/Compliance Order IN.OM,MP
Equipment NOV Issued
Failure to Submit .Required Submittal Past Due ►Issue Written Warning of Administrative Fine IN,OM
Required Drawings A SNC Publication if not Resolved in 30Eays
B Information
*Complete Failure-Did Not ►SNC NotNcation/Publication OM,MP
Submit Required Information ►Administrative ComplainVFine OM,MP,LC
within 30-days of Written
Warning
Failure to Comply *Initial failure-No Qualified ►Issue Correction Notice with New Compliance IN
with Wastewater Pretreatment System Operator Dates
Treatment Operator Employed
Requirement
*Continued Failure-Does Not ►Issue NOV with Notice to Complete in 30-days OM, MP. LC
Employ Qualified Treatment
System Operator within
Time Frame Established in
Correction Notice
*Complete Failure-Does Not ►Administrative Complaint/Fine OM,MP,LC
Employ Qualified Treatment
System Operator within 30-
Days of NOV
Failure to Comply *First-time Violation ►Issue Written Warning with Compliance Deadlines IN,OM
with Record-Keeping ►Compliance Follow-up InspectionNerification IN
Requirements
*Failure to Correct Problem ►Issue NOV Requiring Correction within 30-Days IN,OM
Failure to Comply *Initial Violation-Detected ►Issue NOV Requiring Immediate Correction IN,OM
with Prohibitions During Inspection ►Compliance Follow-up InspectionNerification IN
*Failure to Correct Problem ►Issue NOV Requiring Immediate Correction IN,OM
►Compliance Audit/Inspection IN
►Comipllance Meeting IN,OM,MP
Santa Ana Watershed Project Authority 31 ERP
October 15, 2013
Table 7: Violations of Ordinance or Special Permit Conditions (Cont'd)
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Comply .Failure to Correct Problem ►Consent or Compliance Order OM,MP
with Prohibitions ►Administretive ComplainVFine OM,MP,LC
Entry Denial *initial Refusal to Allow ►Written Notice-Informing lU of SAWPA Authority IN,OM
Inspection of Facility to Conduct Inspections/Sampling
*Subsequent Denial ►Permit Revocation Proceedings OM/MP,LC,GM
Failure to Submit -
Initial Failure ►Issue NOV Requiring Immediate Correction IN,OM
Permit Application
.Repeatedly Ignores Notice to ►Physical Termination of Service OM,MP,LC,GM
Submit Application
Santa Ana Watershed Project Authority 32 ERP
October 15, 2013
ERP OVERVIEW PROCESS
FLOW DIAGRAM
Figure
Santa Ana Watershed Project Authority 33 ERP
October 15, 2013
Figure 2—ERP Overview
SANTA ANA WATER PROJECT AUTHORITY
ENFORCEMENT RESPONSE GUIDE (OVERVIEW)
4 Ili
Minor
Violation
Parchums
Vb41on9
Y.
Major w
Violation
Written
Warning
Correction
Notice
Where the Violation Causes or
Contributes to an Actual Hazard or Recusirgfor
Endangerment to Health and Welfare or same Pallulaern
the Environment; Interferes with Y.
Treaanent Operations;Causes OCSD to
Violate its NPDES Permit;or the User Notice of No
Fails to Obtain a Valid Wastewater Violation
Discharge Permit
End
Where Violation has the Potential to Threaten
SAWPA or OCSD's Facilities.Staff,or the Public
Suspension Order -Or Me User Continues to Discharge without a
Valid Permit
Cease and Desist Consent Order Compliance Ober
Order
Termination
of Service
Show
Cause
SPECIAL NOTE: Hearing
This Response Guide Shows Me Typical
Progression of Escalating Enforcement-
The Enforcement Action Ceases at Me
Step Where the IU Achieves Compliance :W.ste Discharge Administrative
mit Revocation Complaint Civil Liabilities Criminal Penalties
■ Joint Enforcement between SAWPA and Member/Contract Agency
Santa Ana Watershed Project Authority -34- ERP
October 15, 2013
Table 8: Personnel Responsibilities
ENFORCEMENT RESPONSE PLAN PERSONNEL ASSIGNMENT BY ROLE
Agency: Date Completed:
Code General Title Agency Job Title
AA Administrative Assistant
IN Inspector
OM Engineering&Operations
Manager
EN Engineer/Permit Writer
MP Manager of Permitting&
Pretreatment
GM General Manager
LC Legal Counsel
Santa Ana Watershed Project Authority -35- ERP
October 15, 2013
Santa Ana Watershed Project
Authority
11615 Sterling Ave.
SAWPA Riverside, CA 92503
(951)354-4220
SAWPA Pretreatment Program
Procedures
January 15, 2014
Preface: This document is applicable to the operation of the SAWPA
Pretreatment Program upon approval and implementation. Existing permits
etc. will be revised to be consistent with this document upon expiration or
revision for other purposes. This is based on SAWPA Ordinance No. 7 and
the corresponding ERP.
Page Intentionally Blank
SAWPA PRETREATMENT PROGRAM
Procedures
TABLE OF CONTENTS
Tableof Contents....................................................................................................................................I
SAWPAApproval Page.......................................................................................................................A
1.0 INTRODUCTION.....................................................................................................................1-1
1.1 Background................................................................................................................1-1
1.2 Purpose of Pretreatment Program Procedures Guidance..................................1-4
1.3 Brine Line Pretreatment Program Characteristics...............................................1-4
1.4 Document Format......................................................................................................1-5
1.5 Procedures Guidance Update.................................................................................1-6
2.0 Definitions &Acronyms......................................................................................................2-1
3.0 Program Overview................................................................................................................3-1
3.1 Control Authority— Orange County Sanitation District........................................3-1
3.2 SAWPA.......................................................................................................................3-1
3.3 Agencies and Agency Descriptions........................................................................3-2
4.0 Agency Programs & Legal Authorities..........................................................................4-1
4.1 Memorandum of Understanding (MOU)................................................................4-1
4.2 Agency Multijurisdictional Pretreatment Agreement............................................4-1
4.3 Ordinance (Legal Authority).....................................................................................4-1
4.4 Local Limits ................................................................................................................4-2
4.5 Enforcement Response Plan (ERP).......................................................................4-2
4.6 Other Brine Line Related Legal Authorities...........................................................4-2
4.7 Confidentiality............................................................................................................4-2
5.0 Permitting.................................................................................................................................5-1
5.1 Review Process for Program Related Documents..............................................5-3
5.1.1 Permit Review and Issuance Process Overview.........................................5-3
5.2 General Permit Preparation Process.....................................................................5-5
5.2.1 Permit Application.............................................................................................5-6
5.2.2 Permit Duration..................................................................................................5-6
5.2.3 Permit AmendmenttModification.....................................................................5-7
5.2.4 Permit Renewal and Expiration Date Extension ..........................................5-7
5.2.5 Permit Revocation and Termination of Service............................................5-8
5.2.6 Permit Transfers................................................................................................5-9
5.2.7 Permit Development.........................................................................................5-9
5.2.7.1 Permittees from Outside SAWPA's Brine Line Service Area.............5-10
5.2.72 Reclaimable Wastewater...........................................................................5-11
5.2.7.3 Side Stream Discharges............................................................................5-13
5.2.7.4 Stormwater Discharges to the Brine Line...............................................5-14
5.2.7.5 Permittee Classification.............................................................................5-15
5.2.7.6 Middle-Tier Categorical Industrial User (MTCIU) and Non-Significant
Categorical Industrial User (NSCIU)........................................................5-17
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5.2.7.7 Discharge Requirements...........................................................................5-17
5.2.7.8 Monitoring Requirements..........................................................................5-20
5.2.7.9 Notification and Reporting Requirements...............................................5-23
5.2.7.10 Special and General Conditions...............................................................5-25
5.2.8 Fact Sheet Development................................................................................5-26
5.2.9 Permit Review and Issuance.........................................................................5-26
5.3 Review Process for Program Related Documents............................................5-27
5.3.1 Permit Review and Issuance Process.........................................................5-27
5.3.2 Permit Revocation and Appeals ...................................................................5-28
5.4 Direct Discharger Permits......................................................................................5-28
5.5 Indirect Discharger Permits...................................................................................5-29
5.5.1 Collection Station Permits..............................................................................5-29
5.5.2 Emergency Permits.........................................................................................5-29
5.6 Special Purpose Discharge Permits.....................................................................5-30
5.7 Liquid Waste Hauler Permits.................................................................................5-30
5.7.1 LWH Permit Application .................................................................................5-30
5.7.2 LWH Permit Duration......................................................................................5-31
5.7.3 LWH Permit Amendment/Modification.........................................................5-31
5.7.4 LWH Permit Renewal .....................................................................................5-31
5.7.5 LWH Permit Termination................................................................................5-32
5.7.6 LWH Permit Transfers....................................................................................5-32
5.7.7 LWH Permit Development.............................................................................5-32
5.8 Temporary Discharge Permits ..............................................................................5-33
5.9 Permit Templates....................................................................................................5-34
6.0 Inspection................................................................................................................................6-1
6.1 1991 MOU Considerations......................................................................................6-1
6.2 Scope and Purpose of Inspections.........................................................................6-2
6.3 Inspection Frequencies............................................................................................6-3
6.4 Inspection Types.......................................................................................................6-4
6.4.1 Routine................................................................................................................6-4
6.4.2 Compliance ........................................................................................................6-4
6.4.3 Permit..................................................................................................................6-5
6.4.4 Facility Closure..................................................................................................6-5
6.4.5 Industrial Waste Surveys.................................................................................6-6
6.4.6 Other Discharge Permittee Inspections.........................................................6-7
6.5 Inspection Safety.......................................................................................................6-7
6.6 Inspection Conduct...................................................................................................6-7
6.7 Inspection Documentation .......................................................................................6-9
6.8 Liquid Waste Hauler Inspections............................................................................6-9
6.9 Inspection Scheduling & Tracking........................................................................6-10
7.0 Discharge Monitoring..........................................................................................................7-1
7.1 Discharge Monitoring Overview..............................................................................7-1
7.2 OCSD Monitoring in the SAWPA Service Area....................................................7-2
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7.3 SAWPA Monitoring and Metering Station (SMMS) .............................................7-2
7.4 Discharge Sampling..................................................................................................7-3
7.4.1 Sampling Criteria...............................................................................................7-3
7.4.2 Pollutant Sampling and Analytical Methods..................................................7-4
7.4.3 Sample Frequency............................................................................................7-6
7.5 Enhanced Compliance Monitoring .........................................................................7-7
7.6 Emergency Sampling ...............................................................................................7-7
7.6.1 Monitoring Point(s)............................................................................................7-8
7.6.2 Sample Type......................................................................................................7-8
7.6.2.1 Composite Samples.....................................................................................7-9
7.6.22 Grab Samples ...............................................................................................7-9
7.6.3 Sample Volume, Container Type and Preservation ..................................7-10
7.6.4 Sample Equipment Selection, Cleaning and Maintenance ......................7-10
7.6.5 Chain-of-Custody............................................................................................7-10
7.6.6 Analysis Detection Limits...............................................................................7-11
7.6.7 Sampling Quality Assurance/Quality Control (QA/QC).............................7-11
7.6.7.1 Sampling QA/QC........................................................................................7-11
7.6.72 Minimum QA/QC Sampling.......................................................................7-12
7.6.7.3 Laboratory QA/QC......................................................................................7-12
7.7 Sample Collection...................................................................................................7-13
7.8 Sampling Equipment Security...............................................................................7-13
7.9 Collection of Flow Data ..........................................................................................7-13
7.10 Laboratory Data Processing..................................................................................7-13
7.11 Best Management Practices (BMP) Compliance Verification..........................7-14
7.12 Self-Monitoring Compliance Report Review.......................................................7-14
8.0 SAWPA Data Management System................................................................................8-1
9.0 Enforcement and Compliance Tracking.......................................................................9-1
9.1 SAWPA Response to Non-Compliance.................................................................9-1
9.2 Agency Response to Non-Compliance..................................................................9-1
10.0 Reporting................................................................................................................................10-1
10.1 Reporting Overview................................................................................................ 10-1
10.2 General Reporting and Correspondence to OCSD........................................... 10-1
10.2.1 Monthly Reports .............................................................................................. 10-3
10.2.2 Quarterly Reports............................................................................................ 10-4
10.2.3 Semi-Annual Report....................................................................................... 10-5
10.2.4 Annual Report.................................................................................................. 10-6
10.2.5 Orange County Line, Meter S-01 Data or SAWPA Monitoring and Metering
Station (SMMS)............................................................................................... 10-7
10.2.6 Special Monitoring Reporting........................................................................ 10-8
10.2.7 Enforcement Correspondence...................................................................... 10-8
10.2.8 Master Permittee List...................................................................................... 10-9
10.3 Reporting from Agencies and Other Entities to SAWPA.................................. 10-9
10.4 Public Notice of SNC.............................................................................................. 10-9
SAWPA Pretreatment Program Procedures
January 15,2014 iii
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10.5 Other Notification to the Public ...........................................................................10-10
10.6 Notification and Reporting by IUs.......................................................................10-10
10.7 Special Reporting — Load Rejection at Collection Station..............................10-10
11.0 Document Management....................................................................................................11-1
11.1 Records Retention .................................................................................................. 11-1
11.2 Policy and Procedures Manual Modifications..................................................... 11-1
11.3 Enforcement Response Plan Updates................................................................. 11-2
11.4 Multijurisdictional Pretreatment Agreement, Ordinance and Local Limits
Updates.................................................................................................................... 11-2
11.5 Records Management............................................................................................ 11-3
11.5.1 Wastewater Discharge Permits..................................................................... 11-3
11.5.2 Liquid Hauler Permits..................................................................................... 11-4
11.5.3 Agency Originated Permits............................................................................ 11-5
11.5.4 Program Documentation................................................................................ 11-5
11.5.5 OCSD Correspondence................................................................................. 11-5
11.5.6 Pretreatment Program Databases................................................................ 11-5
11.5.7 Monitoring Data Files...................................................................................... 11-6
12.0 Program Management.......................................................................................................12-1
12.1 Program Oversight and Quality Control............................................................... 12-1
12.2 Program Communications..................................................................................... 12-1
12.3 SAWPA Audit of Agency Programs...................................................................... 12-2
12.4 OCSD Audit of SAWPA Program ......................................................................... 12-4
12.5 Personnel Resources............................................................................................. 12-4
12.5.1 Organization..................................................................................................... 12-4
12.5.2 Staff Minimum Qualifications and Training ................................................. 12-5
12.6 Pretreatment Program Equipment........................................................................ 12-9
12.7 Financial.................................................................................................................... 12-9
12.7.1 Budget............................................................................................................... 12-9
12.7.2 Cost Recovery System................................................................................... 12-9
12.8 Change Management...........................................................................................12-10
SAWPA Pretreatment Program Procedures
January 15,2014 iv
SAWPA PRETREATMENT PROGRAM
Procedures
APPENDICES
Appendix 1-1 1991 Memorandum of Understanding
Appendix 1-2 1996 Wastewater Treatment and Disposal Agreement
Appendix 1-3 1972 Wastewater Interceptor Capacity Agreement
Appendix 14 Multijurisdictional Pretreatment Agreement between SAWPA and
EMWD, IEUA, SBVMWD, WMWD, JCSD, and SBMWD
Appendix 1-5 Ordinance No. 7
Appendix 2-1 Enforcement Response Plan
Appendix 3-1 Permit Review Process
Appendix 4-1 Resolution 2011-13
Appendix 12-1 SAWPA Pretreatment Management and Oversight Overview
Appendix 12-2 SAWPA Pretreatment Program Staff Minimum Qualifications
FIGURES
Figure 1-1 Pretreatment Program Regulatory Structure
Figure 3-1 SAWPA Service Area Map with Agency Boundaries
Figure 5-1 Brine Line Collection Station Map
TABLES
Table 5-1 Permit Issuance Timeline Guidance
Table 5-2 Permit Duration by Type
Table 5-3 Estimated Reclaimable Flow
Table 54 Facility Stormwater Information Summary
Table 6-1 Inspection Frequency by Permit Category
Table 7-1 Sample Frequency Permit Category
Table 10-1 Pretreatment Report Requirements and Due Dates
SAWPA Pretreatment Program Procedures
January 15,2014 v
SAWPA PRETREATMENT PROGRAM
// Procedures
SAWPA APPROVAL PAGE
SAWPA Pretreatment Program Procedures Approved for Use and Distribution By:
aa-
1/15/2014
Celeste CantO Date
General Manager
SAWPA Pretreatment Program Procedures
January 15,2014 A
SAWPA PRETREATMENT PROGRAM
Procedures
1 .0 INTRODUCTION
1.1 Background
The Inland Empire Brine Line (Brine Line), a regional brine line, is designed to
convey 30 million gallons per day (MGD) of high salinity wastewater from the
upper Santa Ana River basin to Orange County Sanitation District (OCSD) for
treatment prior to disposal. Wastewater is discharged to the Brine Line through
direct connection to the line or through hauled waste that is discharged to the
Brine Line at Collection Stations (indirect discharge). Figure 3-1 illustrates the
Brine Line Service Area, the Member Agency boundaries and the locations of the
Brine Line Collection Stations. The non-reclaimable wastewater consists of
desalter concentrate and industrial wastewater. Domestic wastewater is also
received on a limited and generally temporary basis. To date over 73 miles of
the Brine Line have been completed. The most recent extension, 23 miles in
length (Reach V), was completed in 2001. The upstream extension (Reach IV D
and IV E) was completed in 1995 to the City of San Bernardino Wastewater
Treatment Plant. Reach IV A serves the Chino Basin area and Reach IV B
serves the southwestern portion of the City of Riverside. In the early 2000's
Eastern Municipal Water District constructed a lateral from inside their service
area to Reach V of the Brine Line. Yucaipa Valley Water District (YVWD) has
recently completed construction of a Brine Line extension from San Bernardino to
their service area. The extension should be operational in 2013.
A Memorandum of Understanding (MOU) between County Sanitation District
No. 1 of Orange County now (OCSD) and the Santa Ana Watershed Project
Authority (SAWPA) was entered into on April 1, 1991. The 1991 MOU (Appendix
1-1) contains specific language related to retention of powers, water quality,
permitting, inspection, monitoring, enforcement, and reporting processes related
to wastewater discharges originating in the Upper Watershed of the Santa Ana
Regional Interceptor Line (Brine Line). Prior to the 1991 MOU, SAWPA, and
OCSD had two Agreements dated April 12, 1972, entitled "Assignment Waste
Water Treatment, and Disposal Agreement" and "Waste Water Interceptor
Capacity Agreement." In 1996, an agreement was signed that superseded the
1972 Wastewater Treatment and Disposal Agreement (see Appendix 1-3).
Through the 1991 MOU Section 6.C, SAWPA, and each Member and Contract
[Other] Agency have the responsibility to develop, implement, and enforce an
Industrial Pretreatment Program (Program) and assume all obligations set forth
in Title 40, CFR Part 403. Further, SAWPA has partnered with Jurupa
Community Services District (JCSD) and San Bernardino Municipal Water
Department (SBMWD) (contract Agencies per the MOU) for the conduct of a
Program with their service areas. SAWPA has entered into a Multijurisdictional
Pretreatment Agreements (MJPA) with the Agencies, whereby they agree to
SAWPA Pretreatment Program Procedures
January 15,2014 1-1
SAWPA PRETREATMENT PROGRAM
Procedures
jointly implement the Program within their service area. Roles and
responsibilities of each organization are defined in the MJPA (Appendix 1-4).
In terms of 40 CFR 403, the Santa Ana Regional Water Quality Control Board
(SARWQCB) of the State of California's Environmental Protection Agency is the
Approval Authority, and OCSD is the Control Authority. Per Section 1.E of the
1991 MOU, SAWPA retains the power to exercise jurisdiction and control in
accordance with OCSD's ordinance related to the quality requirement to be met
by all dischargers of wastewater tributary to OCSD treatment and disposal
facilities. SAWPA is considered a Delegated Control Authority and with its
Member and Contract Agencies through the Multijurisdictional Pretreatment
Agreements and Ordinance No. 7, including any successors thereto, administer
the Program by performing permitting, inspections, monitoring, enforcement, and
reporting duties as stated in the 1991 MOU. All references to Ordinance No. 7 in
this document include any successors thereto (Appendix 1-5).
SAWPA does not have an NPDES Permit issued by the approval authority that
specifies the requirements of the Program. Instead, SAWPA is a Delegated
Control Authority of OCSD.
In addition to regulating the dischargers to the Brine Line, SAWPA regulates
liquid waste haulers that transport wastewater to the Brine Line through the
issuance of Liquid Waste Hauler permits.
SAWPA Pretreatment Program Procedures
January 15,2014 1-2
SAWPA PRETREATMENT PROGRAM
Procedures
FIGURE 1-1. PRETREATMENT PROGRAM REGULATORY STRUCTURE
Approval Authority
Control Authority
Designated Control
Authority tr//
Contract
Agencies
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oirsa6inai,eu °OS wW o:ena mairen f
of tal Wrtx �nduatil umn p�1�9e IMutWal uses �r Vea�s
INuslrel Users Indrseial Users
pmalnduslaal
ue.rs ona Inaufibly
Uewe mans
IMugryl User
SAWPA Pretreatment Program Procedures
January 15,2014 1-3
SAWPA PRETREATMENT PROGRAM
Procedures
1.2 Purpose of Pretreatment Program Procedures Guidance
The first purpose of this document is to serve as the SAWPA Pretreatment
Program Guidance Document. As the Pretreatment Program Guidance
Document, it contains the procedures used by SAWPA to implement the various
elements of the Pretreatment Program. This is a consolidation of Program
information that provides a reference and useful resource for those implementing
the Program and for those assigned to evaluate its effectiveness. Secondly, this
document also serves to delineate the activities of SAWPA and its Member and
Contract Agencies to ensure effective implementation of all Program elements
and reduce duplication of effort, while maintaining effective control of industrial
wastewater discharges to the Brine Line from direct and indirect discharge
sources. Figure 1-1 provides an overview of the relationship between the various
main Program elements and the relationship with the Member and Contract
Agencies.
Other related documents include the Pretreatment Program Policies and the
Enforcement Response Plan.
1.3 Brine Line Pretreatment Program Characteristics
The SAWPA Pretreatment Program differs from traditional Publicly Owned
Treatment Works (POTW) Pretreatment Programs in several ways. First, the
Brine Line is a special purpose conveyance line, rather than the traditional sewer
collection system that delivers wastewater or sewage to a POTW for treatment
and disposal. Normally, industries discharging to a POTW use the sewer
collection system to convey the wastewater to the POTW for additional treatment
and disposal combined with domestic sewage from residential and commercial
users. In order to directly use and discharge to the Brine Line, industrial
dischargers must be located within a reasonable distance from the Brine Line
and install a new physical connection. Reasonable distance is a key factor
influencing the cost consideration to connect to the Brine Line directly.
In addition, industries without a physical connection are allowed to obtain permits
to discharge to the Brine Line through a series of Collection Stations operated by
the Member Agencies. These industries (or generators) are categorized as
indirect connections and are permitted, inspected, and monitored by following the
same procedures as direct connection dischargers. The liquid waste haulers that
transport the wastewater from the specific permitted generators (indirect
connection) are also permitted. The Member Agency Collection Stations where
the wastewater is discharged into the Brine Line are also permitted by SAWPA.
Access to the collection stations is controlled, and therefore reduces the risk for
unknown, uncontrolled discharges from waste haulers.
SAWPA Pretreatment Program Procedures
January 15,2014 1-4
SAWPA PRETREATMENT PROGRAM
r , Procedures
1.4 Document Format
This document has been prepared to describe the major pretreatment program
elements such as permitting, inspections and monitoring. It offers clarification
and implementation guidance due to the interrelated aspects of the existing
agreements and Program requirements between OCSD, SAWPA, Member
Agencies, Contract Agencies and other entities.
Section 1 — Introduction provides an overview of the SAWPA's Pretreatment
Program and the Program's organization.
Section 2 — Definitions & Acronyms provides definitions of key terms and
acronyms.
Section 3 — Program Overview provides a general Pretreatment Program
overview including the general responsibilities of the various organizations and
participating parties.
Section 4 — Agency Programs & Legal Authorities describes the Program
components and legal authority documents associated with the operation of the
SAWPA Pretreatment Program and the Brine Line. Those documents include
the MOUs/Agreements with OCSD, the Multijurisdictional Pretreatment
Agreement with the Member and Contract Agencies, the SAWPA Ordinance,
SAWPA's Local Limits, the SAWPA Enforcement Response Plan, and other
Brine Line related documents. This section also describes the rights of a
business to request confidentiality of information (whether the request comes
during the application process, inspection process or reporting process). In
addition, it describes how any confidential information should be treated.
Section 5 — Permitting describes SAWPA's permitting process in more detail than
that described in Ordinance No. 7. General information is included with respect
to the application, permit duration, permit renewal, permit development, permit
termination, and fact sheet development. The unique aspects of the Direct
Connect Discharge Permits that SAWPA issues, Emergency Discharge Permits,
and Liquid Waste Hauler Permits are described. SAWPA does not operate a
Collection Station, the Member Agencies (or other agency through agreement)
operate the Collection Stations.
Section 6 — Inspection describes SAWPA's inspection program and activities
including the minimum inspection frequency for facilities by type of facility.
Section 7 — Discharge Monitoring describes SAWPA's monitoring activities,
including system monitoring, monitoring by Agencies, self-monitoring, and
SAWPA monitoring of Agency-owned facilities. In addition, this section describes
SAWPA Pretreatment Program Procedures
January 15,2014 1-5
SAWPA PRETREATMENT PROGRAM
Procedures
the review of received laboratory reports and Permittee's self-monitoring reports.
Details include an overview of sample types, chain-of-custody and quality control.
Section 8 — SAWPA Data Management System describes SAWPA's data
management system. The specifics SAWPA's implementation will be included
upon completion of deployment of the EnfoTech iPACS system. The detailed
procedures will be produced by the software provide, EnfoTech, and presented in
a separate document.
Section 9 — Enforcement and Compliance Tracking describes the overall
enforcement procedures that are detailed in the Enforcement Response Plan
(ERP) as a separate document and the Ordinance.
Section 10 — Reporting describes SAWPA's reporting activities and related
document management. Included in this section is publication of SNC.
Section 11 — Document Management describes in more detail document
management including records retention and updates to existing documents (e.g.
ERP).
Section 12 — Program Management describes program oversight, quality control,
SAWPA's management of program improvement and deficiencies.
1.5 Procedures Guidance Update
This procedures guidance document will be subject to period review and updates
not to exceed two (2) years. SAWPA will initiate the comprehensive review, if
needed, with input from Member and Contract Agencies.
SAWPA will manage the periodic revisions by identifying and tracking specific
changes, additions or deletions during the operation of the Program with Member
and Contract Agencies. Specific Change Management applicable to this
document is provided in Section 12.7.
Procedural updates that require immediate implementation to effectively manage
the Program will be prepared and distributed to all affected parties, along with
any required training, as soon as practical. These immediate updates will be
communicated using a variety of methods depending on the nature of the
procedure and may include revised or new Standard Operating Procedures,
technical memoranda, etc.
SAWPA Pretreatment Program Procedures
January 15,2014 1-6
SAWPA PRETREATMENT PROGRAM
Procedures
2.0 DEFINITIONS & ACRONYMS
Refer to SAWPA Ordinance No. 7 for additional definitions. Only definitions
directly relevant to this document are included.
Agencies
Means Member Agencies and Contract Agencies as defined herein.
Approval Authority
Approves Control Authority's Pretreatment Program and inspects said Program to
ensure adequacy and effectiveness. The State of California Environmental
Protection Agency Regional Water Quality Control Board — Region 8 (Santa Ana)
serves in this capacity for OCSD.
Best Professional Judgment (BPJ)
Generally used to clarify that permit requirements are derived through staff's or the
permit writer's best professional judgment and common practice. BPJ is commonly
applied to determine requirements when limitations or standards are not available or
to make determinations based on all available information and any unique factors
relating to the issue.
Categorical Industrial User (CIU)
Categorical User shall mean all industrial users subject to National Categorical
Pretreatment Standards promulgated by the EPA in accordance with Section 307 (b)
and (c) of the Clean Water Act (33 U.S.C:1317) and as listed by the EPA under the
appropriate subpart of 40 CFR Chapter I, Subchapter N, as it exists and as it may be
amended.
Code of Federal Regulations (CFR)
The CFR is the codification of the general and permanent rules and regulations
(sometimes called administrative law) published in the Federal Register by the
executive departments and agencies of the Federal Government of the United
States.
Contract Agency or Agencies
Contract agencies for SAWPA include Jurupa Community Services District, San
Bernardino Municipal Water Department, or any other public agency that
subsequently contracts with SAWPA for pretreatment program implementation
purposes.
Control Authority
Control Authority as defined by 40 CFR 403.3(f) is the POTW if the POTW's
submission for its pretreatment program has been approved in accordance with
SAWPA Pretreatment Program Procedures
January 15,2014 2-1
SAWPA PRETREATMENT PROGRAM
Procedures
requirement for 40 CFR 403.11. All references in this document to Control Authority
are referring to OCSD.
Delegated Control Authority
Is the transfer and delegation of roles and responsibilities by the Control Authority to
SAWPA, and through an executed multijurisdictional pretreatment agreement, the
participating Member and Contract Agencies for implementation of the Pretreatment
Program to perform permitting, inspections, monitoring, enforcement, and reporting
duties as stated in the 1991 MOU.
Direct Connection
A connection to the Brine Line that requires a permit. A direct discharger or user
having a direct connection to the Brine Line is generally issued a Direct Connect
Permit. The only exception includes Special Purpose Dischargers. They are issued
a Special Purpose Discharge Permit.
EMWD
Eastern Municipal Water District
Enforcement Response Plan (ERP)
The ERP describes the progressive enforcement procedures of the Program. The
ERP is a required of any approved pretreatment program (Appendix 2-1).
IEUA
Inland Empire Utilities Agency
Indirect Discharger, User, or Generator
An Indirect Discharger, User, or Generator is any Industrial User that contracts a
truck, tanker, or vacuum truck service or similar means to transport wastewater for
disposal to the Brine Line or tributaries from a site, facility, or company that has no
direct connection to the Brine Line or tributaries.
Industrial User(IU)
Industrial User shall mean all persons, entities, public or private, industrial,
commercial, government, or institutional that discharge or cause to be discharged,
industrial wastewater into the Brine Line or its tributaries or any other sewer system
owned and operated by SAWPA or its Agencies. IU's that do not meet the definition
of a Significant Industrial User may be referred to as Non-Significant Industrial
Users.
JCSD
Jurupa Community Services District
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Joint Powers Authority (JPA)
A JPA is an entity permitted under the laws of some states, whereby two or more
public authorities (e.g. local governments, or utility or transport districts) can operate
collectively. SAWPA is a JPA.
Local Limit
Specific prohibitions or pollutant limitations or parameters that are developed by a
POTW or other regulated entity, such as OCSD, in accordance with 40 CFR
403.5(c). SAWPA has in turn adopted its own Local Limits, which are at least as
stringent of the OCSD Local Limits. If not otherwise specified, reference to Local
Limits means the SAWPA adopted Local Limits.
LWH
Liquid Waste Hauler
Member Agency
Member Agencies for SAWPA include: Inland Empire Utilities Agency (IEUA),
Eastern Municipal Water District (EMWD), Western Municipal Water District
(WMWD), San Bernardino Valley Municipal Water District (SBVMWD or Valley
District), and Orange County Water District (OCWD). For purposes of Pretreatment
Program implementation and this document, Member Agencies excludes OCWD.
MGD
Million gallons per day
Middle-Tier Categorical Industrial User (MTCIU) (40 CFR 403.12(e) (3) (i)-(iii)]
A classification that a Control Authority may apply to certain IUs, if their discharge of
categorical wastewater does not exceed any of the following:
1. 10.01 percent of the design dry-weather hydraulic capacity of the POTW, or
5,000 gallons per day (gpd), whichever is smaller, as measured by a continuous
effluent flow monitoring device unless the IU discharges in batches, and
2. percent of the design dry-weather organic treatment capacity of the POTW.
3. 30.01 percent of the MAHL for any pollutant for which approved local limits were
developed by a POTW.
The Control Authority must also demonstrate that the CIU has not been in significant
noncompliance for any time in the past two years, and that the CIU does not have
daily flow rates, production levels, or pollutant levels that vary so significantly that
decreasing the reporting requirement for the IU would result in data that are not
representative of conditions occurring during the reporting period.
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MOU
Memorandum of Understanding
NPDES Permit
A National Pollutant Discharge Elimination System permit is the regulatory document
issued by either the EPA or approved State agency. The permit is designed to
control the discharge of pollutants from point sources into waters of the U.S.
OCSD
Orange County Sanitation District
Ordinance
The legal authority document that contains rules and regulations pertaining to
wastewater discharges to the Brine Line.
Periodic Compliance Report
A report submitted by each significant industrial user regulated under the local
pretreatment program. The report indicates the nature and concentration of
pollutants in the effluent which are limited by applicable pretreatment standards. In
addition, the periodic report must indicate a record of measured or estimated
average maximum daily flows for the reporting period.
Publicly Owned Treatment Works (POTW)
A sewage (or wastewater) treatment works which is owned by a state, municipality,
city, town, special sewer district or other publicly owned or financed entity, as
opposed to a privately owned (industrial) treatment facility. This definition includes
all devices, equipment, pipes, and systems used in the transmission, storage,
treatment, recycling and reclamation of municipal sewage, biosolids, or industrial
wastewater.
Pretreatment
Pretreatment shall mean the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of the pollutant properties in wastewater
prior to, discharging such pollutants into the Brine Line or tributaries thereto. The
reduction or alteration may be obtained by physical, chemical, or biological
processes; process changes; or by any other means, except dilution.
Pretreatment Facility
Pretreatment Facility shall mean any works or device for the treatment or flow
limitation of wastewater prior to discharge to the Brine Line or tributaries thereto.
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Reclaimable Wastewater
Is defined as domestic wastewater, industrial wastewater or other wastewater
containing TDS levels below the local POTW discharge limitation that renders it
suitable for discharge and reclamation.
SARWQCB
Santa Ana Regional Water Quality Control Board. This board is a part of the State
of California's Environmental Protection Agency.
SAWPA
Santa Ana Watershed Project Authority
SAWPA Service Area
The total area within the jurisdictional boundaries of SAWPA's Member Agencies,
excluding any area within the County of Orange (1996 Agreement).
SBMWD
San Bernardino Municipal Water Department.
SBVMWD, Valley or Valley District
San Bernardino Valley Municipal Water District. Also referred to as Valley District or
Valley.
Side Stream
A wastewater or industrial wastewater originating from an unexpected or
unanticipated source or process, not included in the discharger's Wastewater
Discharge Permit Application may be considered a side stream and may be subject
to special approval requirements, including a review by OCSD, prior to being
included in an amended Wastewater Discharge Permit. A wastewater or industrial
wastewater identified as part of an industrial process and included as a discharge in
the permit application and the Permit is not defined as a side stream.
Significant Industrial User(SIU)
SIU shall mean all industrial users subject to:
1. Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I,
Subchapter N, except those designated as NSCIUs; and
2. Any other industrial user that:
• Discharges an average 25,000 gallons per day (gpd) or more of process
wastewater to the Brine Line or tributaries thereto (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters);
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• Contributes a process wastestream that makes up five (5) percent or more
of the average dry weather hydraulic or organic capacity of OCSD's
POTW; or
• Is designated as an SIU by the General Manager on the basis that the
industrial user has a reasonable potential for adversely affecting the Brine
Line or tributaries thereto or OCSD's POTWs or for violating any
pretreatment standard or requirement.
Significant Noncompliance (SNC)
An industrial user is in SNC if its violation(s) meet one or more of the following
criteria:
1. Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of all the measurements for each pollutant
parameter taken during a six-month period exceed (by any magnitude) a numeric
Pretreatment Standard or Requirement, including instantaneous limits as defined
by 40 CFR 403.3(1);
2. Technical Review Criteria (TRC) violations, defined as those in which thirty-three
percent (33%) or more of all the measurements for each pollutant parameter
taken during a six-month period equal or exceeds the product of the numeric
Pretreatment Standard or Requirement including instantaneous limits, as defined
by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC equals 1.4 for BOD,
TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
3. Any other violation of a Pretreatment Standard or Requirement as defined by 40
CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or
narrative standard) that the POTW determines has caused, alone or in
combination with other discharges, Interference or Pass Through (including
endangering the health of POTW or SAWPA personnel or the general public);
4. Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment, or has resulted in the POTW's or SAWPA's
exercise of emergency authority under paragraph 403.8(f)(1)(vi)(B) to halt or
prevent such a discharge;
5. Failure to meet, within ninety (90) days after the schedule date, a compliance
schedule milestone contained in a local control mechanism (discharge permit) or
enforcement order for starting construction, completing construction, or attaining
final compliance;
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6. Failure to provide within forty-five (45) days after the due date, required reports,
such as baseline monitoring reports, 90-day compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance;
8. Any other violation(s) or group of violations, which can include a violation of Best
Management Practices, that the POTW or SAWPA determines will adversely
affect the operation and/or implementation of the SAWPA's pretreatment
program or the Brine Line or POTW or tributaries thereto.
Stormwater, Storm Water or Stormwater Runoff
Includes water or wastewater generated when precipitation from rain and snowmelt
events flows or accumulates over land or impervious surfaces and does not
percolate into the ground.
Total Dissolved Solids or TDS
Shall mean the total amount of all inorganic and organic substances dispersed within
a volume of water or wastewater that pass through a laboratory filter and dried to a
specified temperature in accordance with approved laboratory methods.
Wastewater
Shall mean the used water and water carried waste from user that is discharge to a
sewer. Storm water, surface water, and ground water infiltration may also be
included in this definition.
WMWD
Western Municipal Water District
YVWD
Yucaipa Valley Water District
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3.0 PROGRAM OVERVIEW
3.1 Control Authority — Orange County Sanitation District
OCSD pursuant to applicable laws, regulations and permits, including statues
and regulations of the United States Environmental Protection Agency (EPA),
and the State Water Resources Control Board (SWRCB) is required to
promulgate and enforce industrial source controls through an approved
pretreatment program (1991 MOU, Recital No. 4). OCSD is the owner and
operator of the wastewater treatment system and holds NPDES Permit
CA0110604, Order No. R8-2012-0035, and has adopted an Ordinance (currently
Ordinance No. 39) that sets certain quality requirements which must be met by
all dischargers to OCSD, including the wastewaters originating in the Upper
Basin. OCSD's Ordinance requirements are to protect the sewerage system, the
marine environment, meet OCSD's NPDES permit requirements of EPA,
Regional Water Quality Control Board (RWQCB) and the SWRCB, and all other
applicable provisions of the law (1991 MOU, Recital No. 5).
SAWPA's ordinance sets forth the water quality requirements which must be met
by all dischargers of wastewaters in the Upper Basins which are tributary to the
treatment and disposal facilities of OCSD (1991 MOU, Recital No. 6).
3.2 SAWPA
SAWPA is a Joint Powers Authority (JPA), classified as a Special District under
State of California law. Five agencies make up SAWPA. The Member Agencies
include the five largest water agencies in the Santa Ana River Watershed, which
include:
• Eastern Municipal Water District
• Inland Empire Utilities Agency
• San Bernardino Valley Municipal Water District
• Western Municipal Water District
• Orange County Water District
SAWPA, through the 1991 MOU with OCSD has the primary responsibility for
implementation of Pretreatment Program responsibilities in the Upper Watershed
of the Brine Line.
Per the 1991 MOU (Section 6.C), SAWPA and its Member Agencies have the
responsibility to develop, implement and enforce an industrial pretreatment
program and assume all obligations in 40 CRF 403. The same section of the
' Upper Basin is defined as the Santa Ana River Watershed upstream of OCSD's service area(1991
MOU, Recital No.1.
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MOU allows for SAWPA to enter into interjurisdictional agreements with other
agencies, which discharge to the Brine Line, to set the obligations to develop and
implement a pretreatment program. The agencies that are part of the SAWPA
pretreatment program through interjurisdictional or multijurisdictional
pretreatment program agreements and not members of SAWPA's JPA are
known as Contract Agencies.
Member Agencies and Contract Agencies (also known as Agencies) support
SAWPA's Program implementation in activities that include: permitting,
inspections, enforcement, reporting, etc. SAWPA consolidates the program
information and communicates program activities to OCSD.
SAWPA implements the Program through a Multijurisdictional Pretreatment
Agreements with the Member Agencies and Contract Agencies, and through
wastewater discharge permits with dischargers.
SAWPA also issues permits to Liquid Waste Haulers that transport wastewater
from facilities categorized as Indirect Dischargers that dispose of permitted
wastewater to Collection Stations where the wastewater is discharged to the
Brine Line. Collection Stations are owned and operated by Member and Contract
Agencies.
SAWPA conducts system monitoring (water quality and flow) at the Orange
County Line, meter S-01 for the purposes of billing between SAWPA and OCSD
in accordance with OCSD MOU Section 5.C.
SAWPA provides required reports to OCSD. Refer to Section 10 in this
Guidance for the details of the frequency and content of the reports provided to
OCSD.
3.3 Agencies and Agency Descriptions
SAWPA's Pretreatment Program is comprised of Member Agencies and Contract
Agencies (together Agencies) that are part of the Pretreatment Program, which
are listed below. The location of each agency is included in the map provided in
Figure 3-1.
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FIGURE 3-1. AGENCY BOUNDARIES SERVICE AREA MAP
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Eastern Municipal Water District (EMWD)
The EMWD headquarters is located in Perris, CA and serves the eastern portion
of the watershed in Riverside County, as well as portions of the Santa Margarita
Watershed, south of the Santa Ana.
EMWD has a 542-square mile service area that hosts a population of about
395,000. Major communities include Moreno Valley, Hemet, San Jacinto, Perris,
Sun City, Menifee, Winchester, Temecula, Murrieta, and Murrieta Hot Springs. In
addition to its some 135,000 retail customers, EMWD wholesales water through
seven local water agencies.
EMWD provides service for Direct and Indirect Dischargers. EMWD owns,
operates, and maintains a lateral (Non-Reclaimable Waste Line (NWL)) that
feeds into Reach V of Brine Line from the EMWD service area. In addition,
EMWD operates an un-manned Collection Station for indirect dischargers.
Inland Empire Utilities Agency (IEUA)
The IEUA headquarters is located in Chino Hills, CA and serves portions of the
western watershed in San Bernardino County. The Inland Empire Utilities
Agency covers 242-square miles with its headquarters in Chino Hills, CA. IEUA
distributes imported water, provides industrial/municipal wastewater collection
and treatment services, and other related utility services to more than 850,000
people. The Agency's service area includes the Cities of Chino, Chino Hills,
Fontana, Montclair, Ontario and Upland, as well as the Cucamonga Valley Water
District and the Monte Vista Water District.
IEUA provides service for Direct and Indirect Dischargers. IEUA owns, operates
and maintains a two-mile lateral that is connected to the upper portion of Reach
IV-A of the Brine Line. IEUA operates an automated Collection Station for
indirect dischargers.
San Bernardino Valley Municipal Water District (Valley District)
The Valley District serves most of the northern and eastern reaches of the
watershed in San Bernardino County and is headquartered in the city of San
Bernardino. Its service area covers approximately 325 square miles with a
population of about 600,000 that includes the cities and communities of San
Bernardino, Colton, Loma Linda, Redlands, Rialto, Bloomington, Highland, Grand
Terrace, and Yucaipa.
The Valley District provides service for Direct and Indirect Dischargers. The
Indirect Dischargers typically utilize the manned Collection Station located in and
operated by the San Bernardino Municipal Water Department. Contract
Agencies within the Valley District's service area that discharge to the brine line
include:
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• San Bernardino Municipal Water Department
The SBMWD is located in San Bernardino, Ca and provides water and
wastewater services for the cities of San Bernardino, Highland, Loma Linda,
and portions of unincorporated San Bernardino County. Potable water is
supplied to more than 175,000 residents of San Bernardino from 60 wells
located within the Bunker Hill Groundwater Basin while the SBMWD Water
Reclamation Plant (WRP) provides wastewater treatment services to residents
of San Bernardino, Highland, Loma Linda, and unincorporated areas of San
Bernardino County. In addition to wastewater treatment services for local
residents, the SBMWD WRP also operates a manned Collection Station for
local businesses for the discharge of brine wastewater to the Brine Line. The
Brine Line Collection Station is invaluable to the local business community as
an alternative for the discharge of high strength brine wastewater which cannot
be discharged to the SBMWD WRP.
• Yucaipa Valley Water District (YVWD)
YVWD is currently constructing a Brine Line extension from San Bernardino to
their service area. The extension should be operational in 2014. SAWPA will
have a Multijurisdictional Pretreatment Agreement with YVWD and provide the
oversight of YVWD and any dischargers to the Brine Line from YVWD.
Western Municipal Water District (WMWD)
The WMWD headquarters is located in Riverside, CA and serves the western
Riverside County portion of the watershed, as well as portions of the Santa
Margarita Watershed, south of the Santa Ana.
The WMWD district consists of a 510-square mile area of western Riverside
County, with a population of nearly one-half million people. Western is in the
heart of the Santa Ana Basin and within its District is the communities of Jurupa,
Rubidoux, Riverside, Norco, Corona, Elsinore Valley, and Rancho California.
WMWD provides service for Direct and Indirect Dischargers. WMWD operates
an automated Collection Station for Indirect Dischargers. While the Stringfellow
Facility is located within WMWD's service area, SAWPA issues the Special
Purpose Discharge permit.
• Jurupa Community Services District (JCSD)
Jurupa Community Services District (JCSD) has a sanitary sewer line
connection to the Brine Line that includes discharges of domestic, commercial
and industrial sources. JCSD partners with SAWPA in the implementation of
the Pretreatment Program and oversees any dischargers to the Brine Line from
JCSD. JCSD's service area connected to the Brine Line is managed through
direct connect permits for each of the laterals that connect to the Brine Line and
a Multijurisdictional Pretreatment Agreement.
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4.0 AGENCY PROGRAMS & LEGAL AUTHORITIES
4.1 Memorandum of Understanding (MOU)
A Memorandum of Understanding (1991 MOU) between County Sanitation
District No. 1 of Orange County (now OCSD) and the Santa Ana Watershed
Project Authority (SAWPA) was entered into on April 1, 1991. The 1991 MOU
contains specific language related to retention of powers, water quality,
permitting, inspection, monitoring, enforcement, and reporting processes related
to wastewater discharges originating in the Upper Watershed of the Santa Ana
Regional Interceptor Line, now referred to as Brine Line by SAWPA. Prior to the
1991 MOU, SAWPA, and OCSD had two Agreements dated April 12, 1972,
entitled "Waste Water Treatment, and Disposal Agreement" and "Waste Water
Interceptor Capacity Agreement." In 1996, an agreement was signed that
superseded the 1972 Wastewater Treatment and Disposal Agreement. Section
16 of this Agreement also indicates that nothing in the 1996 agreement affects
the terms of the 1991 MOU. In addition, there is a specific agreement related to
the regulation of the discharge from the Stringfellow Pretreatment Facility.
Additional information regarding SAWPA's policies derived from the above noted
MOU and Agreement can be found in SAWPA's Policy Document.
4.2 Agency Multijurisdictional Pretreatment Agreement
SAWPA and all Agencies have an approved Multijurisdictional Pretreatment
Agreement (MJPA) that clarifies the roles and responsibilities of all Agencies
regarding the use of the Brine Line and related Pretreatment Program
implementation. Additional information regarding SAWPA's policies derived from
the MJPA can be found in SAWPA's Policy Document. The MJPA is approved by
SAWPA's Commission and the Agency's corresponding governing bodies.
Modifications require a public hearing and approval by the governing bodies of
the participating agencies. Modifications to the MJPA may be initiated by any of
the signatories by contacting SAWPA's General Manager. Section 9 of the MJPA
should be consulted for specific direction on amendments and modifications.
4.3 Ordinance (Legal Authority)
SAWPA adopted a wastewater ordinance (Ordinance No. 1, in May 1982) and
has revised the Ordinance numerous times since then. The current ordinance is
Ordinance No. 7, adopted by the SAWPA Commission on October 15, 2013 (See
Appendix 1-5). The Ordinance is updated to be consistent with 40 CFR 403
regulations, MOU(s), Agreements, OCSD's Ordinance No. 39, and OCSD's
POTW NPDES Permit Order No. R8-2012-0035, as needed and superseded.
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4.4 Local Limits
SAWPA Resolution 2011-13 includes the Local Limits and Best Management
Practices associated with Brine Line Operation (See Appendix 4-1). The
technical basis for the Resolution is included with the Resolution adoption
SAWPA Commission files. The local limits are maintained to be consistent with
OCSD's requirements and any special operation and maintenance concerns for
the Brine Line. These local limits form the basis for the limits specified in Permits
issued by SAWPA along with additional local limits or requirement prescribed by
the Agencies, if needed. The SAWPA Local Limits are reviewed every five (5)
years and updated as required. Any changes to SAWPA's Local Limits are
reviewed by OCSD to verify they afford the same quality requirements as OCSD
Ordinance No. 39 and/or local limits.
4.5 Enforcement Response Plan (ERP)
SAWPA originally adopted an ERP in 2004 and has revised it since then as
needed. The ERP details the prescribed response to violations of SAWPA's
Ordinance and Permits. Additional information on the ERP can be found in
Section 9, Enforcement. Updates to the ERP are described in Section 11.3.
4.6 Other Brine Line Related Legal Authorities
SAWPA adopts, by resolution, a pricing structure for the Brine Line. This
resolution is periodically updated. Resolution 2011-11 establishes the purchase
price for treatment and disposal capacity rights. Resolution 2013-05 establishes
the rates for discharge to the Brine Line. These Resolutions can be found on the
SAWPA website. Member and Contract Agencies may adopt additional or
different fee and rate resolutions as needed.
4.7 Confidentiality
Information and data on a User obtained from reports, surveys, wastewater
discharge permit applications, individual wastewater discharge permits, and
monitoring programs, and from inspection and sampling activities, shall be
available to the public without restriction, unless the User specifically requests,
and is able to demonstrate to the satisfaction of SAWPA and/or Member or
Contract Agency and/or OCSD that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade
secrets under applicable State law.
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5.0 PERMITTING
Permitting of dischargers to the Brine Line is described in MOU Section 2 and
Ordinance No. 7, Article 4. SAWPA currently issues four types of permits Direct
Connect Permits, Indirect Connect Permits, Special Purpose Discharge Permits, and
Liquid Waste Hauler Permits. Special Purpose Discharge Permits are issued to
Users with a Special Purpose Discharge as defined in Ordinance No. 7, 103 for
wastewater discharges that may include storm water runoff, groundwater, and other
similar sources of wastewater. Temporary and Emergency Permits may apply to
Users granted permission to discharge to the Brine Line for a shorter time period
with a temporary operation or emergency discharge. In addition, permits may be
further classified as issued to Industrial Users and Significant Industrial Users.
Significant Industrial Users include Categorical Industrial Users as defined in
Ordinance No. 7. SAWPA issues the permits within the SAWPA service area,
including permits to Member and Contract Agencies that operate a Brine Line
Collection Station. Collection Stations are located throughout the SAWPA service
area as shown in Figure 5-1.
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FIGURE 5-1. COLLECTION STATION MAP
Inland Empire Brine Line Collection Stations
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In general, Permits are issued by SAWPA or co-signed by SAWPA and the
corresponding Member and Contract Agencies (where the permittee is located).
Specifically, SAWPA solely administers and issues the Permits for:
1. Member and Contract Agency owned facilities, including Brine Line Collection
Stations and Direct Connection permits for desalters and groundwater treatment
facilities, and those that are in place for emergency discharges from POTWs or
sewer collection systems.
2. Liquid Waste Haulers.
3. Special Purpose Discharge Permits.
4. Other Permits, such as the Permit issued to the Stringfellow Facility.
SAWPA, Member Agencies and Contract Agencies share in the administration of the
day-to-day permitting, inspection, monitoring, and enforcement functions of the
Program with management and oversight of the Member and Contract Agencies
provided by SAWPA. An overall description of the overarching roles and
responsibilities of all the parties can be found in the multijurisdictional pretreatment
agreement and the SAWPA Policy Manual. A more detailed accounting of each
party's roles and responsibilities in permitting functions are provided below.
5.1 Review Process for Program Related Documents
5.1.1 Permit Review and Issuance Process Overview
Permits are initially prepared and drafted by SAWPA and/or Member/Contract
Agencies based on the information and data obtained as part of the pre-
permitting or permit renewal process (described below).
SAWPA is the lead in quality control and oversight of all permits prepared and
drafted by Member and Contract Agencies. All SAWPA prepared permits
(issued to Member and Contract Agencies) undergo internal peer review and
under certain circumstances may undergo outside peer review by one of the
Member or Contract Agencies not associated with the actual permit and/or a
specialized Pretreatment Program consultant hired by SAWPA. Peer review
by Member and Contract Agencies provides a third party, independent review
of the permit and an opportunity for the exchange of information and ideas
regarding the interpretation of requirements, rules and regulations, and
foments consistency across the Program.
Permits and their associated Fact Sheets may undergo one or more rounds of
revisions and comments between SAWPA and the originating Member or
Contract Agency to ensure accuracy and consistency with current policies,
agreements, procedures, the Ordinance, and 40 CFR 403 regulations.
Permits or Permit modifications developed by the Member and Contract
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Agencies are sent to SAWPA for review and approval. Permits or Permit
modification may also be initiated and undertaken by SAWPA.
OCSD's role in permitting is to participate in the review of proposed Permits,
and all Permit renewals or modifications in terms or conditions of Permits
(1991 MOU Sections 2.A and 2.E). Upon completion of the review and
approval by SAWPA (and/or peer review by third parties), the proposed
Permits are forwarded to OCSD to determine their concurrence or exception
to any proposed permit conditions, or their wish to include any additional
limitations or provisions.
Section 2.A of the 1991 MOU indicates that OCSD reviews the application in
addition to the proposed Permit. Based on informal agreements and current
practices between OCSD and SAWPA, the Fact Sheet developed by SAWPA
and/or the Member or Contract Agency satisfies the application requirement
stated in the MOU. The proposed Permit and Fact Sheet concurrence or
exception response from OCSD to SAWPA is provided using an established
transmittal form provided via email from OCSD Source Control.
The LWH Permits are prepared by SAWPA and contain detailed information
with respect to the vehicles used and the generators served. The initial
Permit and Permit renewal are reviewed by OCSD as described above. LWH
Permit amendments that modify or update vehicle information for already
permitted generators need not be submitted for review by OCSD prior to the
issuance of the Permit amendment.
The following are the procedures relative to preparation of Permits (or other
documents) based on Section 2.A of the 1991 MOU and SAWPA Ordinance.
These guidelines account for the number of calendar days allotted for timely
review by SAWPA and OCSD of permits.
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Table 5-1. Permit Issuance Timeline Guidance
7�W-
Its Calendar days
(prior to Permit
expiration or
ffective date
SAWPA/ Permittee/ Permit application 120 days
Agency Applicant
Permittee/ SAWPA/ Submit completed permit 90 days
Applicant Agency application
SAWPA/ Reviewing Draft permit &fact sheet 45 days
Agency Party'
Reviewing Party SAWPA/ Finalize comments, quality 35 days
Agency control
SAWPA OCSD Draft permit &fact sheet 35 days
OCSD SAWPA Provide concurrence, 20 days
comments, denial
SAWPA OCSD Respond to comments or 15 days
denial, if needed
OCSD SAWPA Provide concurrence, 8-10 days
comments, denial, if needed
SAWPA Permittee Issue permit 5-7 days
Notes to Table 5-1.
Note 1: Reviewing Party is a peer reviewer for the permit and fact sheet based on who originates it (e.g.
SAWPA prepared permits and fact sheets may be peer reviewed for quality control purposes by a Member
Agency, Contract Agency or SAWPA consultant.
Note 2: OCSD review and provide concurrence (or exception and request for additional data or
information)within 10 business days of receipt of Permit and Permit Fact Sheet(per MOU).
Note 3: If additional data or information is requested from SAWPA, OCSD to provide concurrence (or
refusal)within 5 business days(per MOU).
Upon issuance of a Permit or Permit amendment by SAWPA, electronic files
(Adobe pdf) of the approved and signed Permit and Fact Sheet (as
applicable) are made available to all Member and Contract Agencies and to
OCSD per the established data and document management procedures. The
Master Permittee List maintained by SAWPA is updated and provided to
OCSD as established in the data and document management procedures. .
In accordance with MOU Section 2.E, Permits (new, renewals, amendments,
etc.) shall be provided to OCSD within fifteen (15) days of issuance.
5.2 General Permit Preparation Process
SAWPA maintains a Master Permittee List of all Permits issued by SAWPA and
the Member and Contract Agencies. This list contains information relative to the
Agency preparing the permit, the Permittee's name and address, the permit's
issuance, effective and expiration date, the type of permit, and other data that is
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useful to the operation of the Pretreatment Program. The Master Permittee List
is made available to all Member and Contract Agencies and OCSD through
established data and document management systems (See Sections 8 and 10).
The subsections below describe the general requirements associated with Direct,
Indirect, Special Purpose Discharge, Emergency and Temporary permits. The
liquid waste hauler permits are described in Section 5.7. The general
requirements associated with Indirect Discharge permits are included in Section
5.5. The Member and Contract Agencies can prepare and recommend Direct,
Indirect, Special Purpose, Emergency, and Temporary Discharge permits for
SAWPA's approval and issuance. A uniform format for applications, permits, and
fact sheets has been developed by SAWPA and all permits must include at least
the requirements specified in Ordinance No. 7 Article 4.
Member or Contract Agencies may be permitted as Dischargers or Users of the
Brine Line for facilities that include POTW emergency overflows or bypass,
groundwater desalters, etc. Member and Contract Agency Permits are prepared,
issued, and signed by SAWPA.
5.2.1 Permit Application
SAWPA uses the same application form for the Direct and Indirect Connect
Permits, Special Purpose Discharge Permits, Emergency, and Temporary
Permits. This application is consistent with Ordinance No. 7, Section 402.D.
Note the permit application must be certified by a duly authorized
representative of the company. The requirements for a duly authorized
representative are included in 40 CFR 403.12(I). There are provisions for
delegation of the signatory authority; however, the delegation must be on file
with SAWPA. The authorized representative must sign the application. A
signature 'Yor" the authorized representative is not acceptable.
SAWPA has a separate permit application form for LWHs to accommodate
the unique information required to process a permit for this type of discharger.
5.2.2 Permit Duration
Ordinance No. 7, Section 403.0 includes the normal permit duration to be
used. Permit duration should generally not exceed the duration stated in
OCSD Ordinance 39. The permit types or"classes"for OCSD permits are not
necessarily the same as SAWPA's and may present some challenges in
correlating the stated duration. The summary below should provide clear
guidance to permit duration. Most importantly, 40 CFR 403 states the
maximum duration for a Permit should be five (5) years. SAWPA permit
durations are normally for the duration stated as follows, for:
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Table 5-2. Permit Duration by Type
Permit Type Duration
SIU and Special Purpose Two 2 Years
lu Three 3 Years
Liquid Was Hauler Two 2 Years
Temporary Six 6 Months
The Ordinance does not specify the maximum duration for temporary permits,
but generally SAWPA anticipates issuing them for a period of six (6) months,
unless specifically approved and/or extended by SAWPA's General Manager.
See also Section 5.8 below.
5.2.3 Permit Amendment/Modification
Ordinance No. 7, Section 406.0 describes instances where modifications to
the permit may be warranted. Any permit modifications that require changes
by the Permittee must include a reasonable time schedule for compliance.
Depending on the nature of the change, the complete permit can be reissued
with the transmittal letter detailing the changes made or by reissuing modified
Permit pages included with the transmittal letter. In the case of issuing
modified Permit pages, the pages shall be marked with the revision dates.
These modifications are recorded as Permit amendments in the data and
document management system2. Refer to Section 5.1.1 for expectations
relative to providing permit amendments/modifications to SAWPA and/or
OCSD for review.
5.2.4 Permit Renewal and Expiration Date Extension
Ordinance No. 7, Section 405.0 discusses permit renewal. Permit Renewal is
accomplished by request from the Permittee through the completion and
submittal of a permit application. The Permittee is required to submit a new
application 90 days prior to the expiration of the existing permit. It is
acceptable for a Permittee to reference drawings etc. of the original
application if they have not changed. However, certification of the permit
application by a duly authorized representative is required. Approximately
120 days prior to the expiration date of a Permit, SAWPA and/or the Member
Agency will contact the Permittee and provide a new permit application form.
Refer to Section 5.1.1 for expectations relative to permit review by SAWPA
and/or OCSD.
Section 405 of Ordinance No. 7 provides a means by which a permit can be
extended if an application has been received and deemed complete by the
Member/Contract Agency and/or SAWPA, and SAWPA or the
Member/Contract Agency cannot finalize the permit renewal prior to the
2 Currently SAWPA's OnBase
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expiration date. If this provision is to be used, SAWPA's General Manager
should be notified at least ten (10) days in advance of the permit expiration,
such that OCSD and others can be notified. Permit extensions are generally
for thirty (30) days, but may be provided for a longer period if deemed
appropriate by SAWPA's General Manager. A letter shall be issued to the
Permittee by SAWPA documenting the new expiration date. This letter will be
treated as a permit amendment.
5.2.5 Permit Revocation and Termination of Service
A permit can be revoked for a variety of reasons if the User is in violation of
any of the provisions of the Ordinance, including but not limited to:
• Falsification of information
• Refusing right of entry
• Failure to reapply for the Permit
• Failure to pay required permit fees or charges
• Discharging in violation of the local limits
Additional guidance regarding violations and other conditions that may result
in permit revocation can be found in SAWPA's ERP.
Upon Permit revocation, SAWPA will issue a letter to the IU documenting that
the permit is revoked. The Ordinance specifies that the General Manager
must provide a minimum notice of the revocation (written and sent by certified
mail) of fifteen (15) calendar days. The General Manager must also make
available a hearing to the User to plead their case regarding the permit
revocation.
Member and Contract Agencies will communicate with SAWPA in advance of
any Permit revocation, prepare the data and information that supports the
revocation, and coordinate the issuance of the revocation letter to the IU.
SAWPA will reflect the permit revocation in the permit tracking system (e.g.,
database) with a revised expiration date that corresponds with the permit
revocation date. SAWPA will update the Master Permittee List to reflect that
the permit is inactive. A permit that has been inactive cannot be made active
again without a new application and a new permit being issued.
SAWPA will notify all Member and Contract Agencies of Permit revocation.
If a Permittee notifies SAWPA or a Member/Contract Agency that they intend
to close the facility and terminate the Permit, SAWPA and/or the
Member/Contract Agency should evaluate if a specific "Closure Plan" is
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required from the Permittee, and make plans for a closure inspection(s). For
direct connect permits a "plug' may be inserted, the line severed, or other
method used to secure the Brine Line lateral and prevent any unauthorized or
unpenmitted discharges. It is recommended that approximately six (6) months
after closure, an inspection be performed to ensure that the plug/severance
has not been removed and illegal discharges are not occurring. In addition, a
periodic CCTV inspection of the Brine Line would detect if a direct connection
was reinstated without obtaining a Permit.
Termination of service is undertaken when a User fails to comply with a
suspension order or there is an imminent or substantial endangerment to the
health or welfare of persons or the environment, or if there is reason to
suspect a discharge may cause interference to the Brine Line, tributaries of
the Brine Line, OCSD's POTW, a violation of OCSD's NPDES permit, etc. as
stated in Ordinance No. 7, Section 608.0. Termination of services includes
the physical termination or severance of the sewer service lateral connection
or connection to the Brine Line or tributaries. This action ensures protection
under serious conditions. The cost of terminating and reinstating services are
generally paid by the User.
5.2.6 Permit Transfers
In accordance with Ordinance No. 7, Section 407.0, a Permit cannot be
transferred or assigned to a new user or owner or to different premises. It is
void or terminated if any transfer or assignment is performed. A new permit
application must be submitted and a new permit issued.
5.2.7 Permit Development
A permit is developed based on the information obtained, including the
application, Permittee file, and pre-permit inspection. Permit templates have
been developed for the most common permit types issued by SAWPA,
including a Direct Discharge Permit, Indirect Discharge Permit, LWH Permit,
and Collection Station Permit. Section 6.3.4 describes the minimum that
should be examined during a pre-permit inspection. The permit writer should
examine the available permit application and file information and then inspect
the facility to obtain any additional data or information or confirm the
information. The 1989 EPA Industrial User Permitting Guidance Manual,
2011 EPA Introduction to the National Pretreatment Program (833-B-11-001),
and the 2012 EPA Industrial User Permitting Guidance Manual (833-R-12-
001A) provide a reference for permit development and classification. Other or
subsequent EPA Permitting Guidance Manuals may be available and provide
additional direction and clarification. Ordinance No. 7, Section 402.0 H
delineates at minimum what must be specified in the permit.
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52.7.1 Permittees from Outside SAWPA's Brine Line Service
Area
The 1996 Agreement between OCSD and SAWPA does not allow the
discharge of any wastewater originating from outside the SAWPA Brine Line
service area (defined by the jurisdictions of the Member Agencies) without
written approval from OCSD.
To permit any User from outside the SAWPA Brine Line service area,
permission must be obtained from the SAWPA Commission and OCSD's
General Manager (See Ordinance No. 7, Section 413.0).
This approval is separate and distinct from the Permit approval. Permit writers
should exercise additional scrutiny and investigate dischargers that present
reasonable suspicion of being located or having operations generating
wastewater outside SAWPA's service area.
OCSD agreed during the 2012-2013 Remedial Plan that waste, waste
materials or waste products from outside the SAWPA service area used in a
process as input or raw materials are not considered to render a facility
ineligible to receive a capacity or permit approval by SAWPA. Therefore,
special and distinct approval would not be required for this specific situation.
This condition applies to: DFA (4B-08-S63) previously Golden Cheese
Company of California (S-13).
A number of facilities were operational prior to the 1996 Agreement and
considered by SAWPA and OCSD to be "grandfathered" from the outside
SAWPA Brine Line service area are special condition.
The following direct connection permits existed prior to 1996 and are
therefore "grandfathered" and do not require consideration by OCSD or re-
approval during permit renewal:
1. Rubidoux Community Services District - Anita B. Smith Nitrate Removal
Facility (4D-96-S29)
Previously - Rubidoux Community Services District (DS-031)
2. California Rehabilitation Center (4B-94-S19)
3. Corona Energy Partners (4B-93-S20)
4. Arlington Desalter (4B-93-S22)
5. JCSD Hamner (4D-95-S24)
6. JCSD Etiwanda (4D-95-S28)
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7. Green River Golf Club (4-94-S25)
8. California Institute for Women (4D-95-S26)
Additional vigilance is required by SAWPA and Member/Contract Agencies in
order to not allow, without prior written consent of OCSD, capacity to any
User who has been declined wastewater service by OCSD for the inability to
meet OCSD's Ordinance requirements, prohibitions or discharge limits [1996
Agreement, Section C.5 (b)]. A person that was declined service by OCSD
may request wastewater discharge capacity from SAWPA. The User's
request for capacity would trigger a separate request (from the permitting
process) and approval from OCSD.
Permit writers should exercise additional scrutiny of dischargers that may be
located (or planning to relocate) or that have operations or discharges being
generated outside SAWPA's service area. OCSD is responsible for notifying
SAWPA of any terminated wastewater services that it has reason to believe
will seek capacity rights in the SAWPA service area.
52.72 Reclaimable Wastewater
In accordance with the 1996 Agreement, Section 7, SAWPA shall, in good
faith, make reasonable efforts to minimize direct and indirect reclaimable
wastewater discharges.
The 1996 Agreement includes a definition of reclaimable wastewater as
follows: "the liquid or solid waterborne wastes of such character as to permit
satisfactory disposal, within the Santa Ana River Watershed". As noted in
Section 2 of this document, the definition of reclaimable wastewater applies
to: domestic wastewater, industrial wastewater or other wastewater
containing TDS levels below the local POTW discharge limitation that renders
it suitable for discharge and reclamation by the POTW.
In order for SAWPA to demonstrate its good faith and reasonable efforts to
minimize reclaimable wastewater discharges to the Brine Line, inspectors and
permit writers need to assess facility conditions during the permit review of
wastewater generating processes and routine inspections to ensure additional
waste streams have not been added to the Brine Line discharge without being
documented by SAWPA or Member/Contract Agencies. In addition, most
facilities have a Waste Minimization Plan that would minimize the potential for
reclaimable wastewater discharge to the Brine Line.
SAWPA and the Member/Contract Agencies will make reasonable efforts to
document the existence and any changes in reclaimable wastewater during
permit renewal inspection for those identified in 2013 to have existing
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sources. New and other existing permitted facilities will be evaluated during
permit inspections to verify reclaimable wastewater sources and any
changes.
Permit writers and inspectors should document any changes to the
reclaimable wastewater in the Permit, Permit Fact Sheet and data
management system (as applicable) to ensure accurate accountability and
reporting by SAWPA to OCSD. SAWPA and Member/Contract Agencies
should make reasonable efforts to identify and recommend to Permittees
measures (or BMPs) to minimize reclaimable wastewater (e.g. dual plumbing
systems, dry housekeeping methods, low flush toilets).
In some cases, reclaimable wastewater discharges were approved prior to
the 1996 Agreement and currently meet the "good faith and reasonable effort"
standard to minimize the discharge to the Brine Line. This policy was verified
during the 2012-2013 Remedial Plan. The reclaimable wastewater exempt
SAWPA Permittees include the three JCSD sewer collection systems
connections or laterals to the Brine Line (Hamner, Wineville and Etiwanda).
These laterals include commercial and industrial zoned areas that are
anticipated to continue to have development or redevelopment of existing
parcels and as a result changes and additions of Permittees. Fluctuations in
the types and numbers of Permittees within the JCSD service area is
anticipated to include fluctuations in the volume of reclaimable wastewater
(mostly anticipated from sanitary sources).
The reclaimable wastewater Permittees identified through the Remedial Plan
as meeting the 1996 Agreement are:
• JCSD Hamner
• JCSD Wineville (including Adesa Los Angeles)
• JCSD Etiwanda
• Chino Basin Desalter Authority (Chino II)
• Chino Basin Desalter Authority (Chino 1)
• Dairy Farmer of America Distilled Water Plant
• Corona Energy Partners
• Stringfellow Pretreatment Facility
• Green River Golf Club
• Roger D. Teagarden Ion Exchange WTP (Etiwanda)
• WGE (Etiwanda)
• Metal Container Corporation (Etiwanda)
• Del Real Foods (Etiwanda)
• WOA Co. (Etiwanda)
• Magnolia Foods (Etiwanda)
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Quantification of the flows for comparison and annual evaluation purposes are:
Table 5-3. Estimated Reclaimable Flow
rmittee 2013 Estimated
Reclaimable Flow (gpd)
Chino Basin Desalter AuthorityChino II 45
Chino Basin Desalter AuthorityChino I 60
Dairy Farmers of America Distilled Water Plant 75
Corona EnergyPartners 150
Stringfellow Pretreatment Facility150
Green River Golf Club 4,500
JCSD Hamner meter connection 33,000
JCSD's Wineville meter connection 32,000
Adesa Los Angeles—discharge through Wineville 2,625
JCSD's Etiwanda meter connection 77,000
Roger D. Tea garden Ion Exchange WTP—dischar a through Etiwanda 30
WGE—discharge through Etiwanda 183
Metal Container Corp—dischar a through Etiwanda 1,466
Del Real Foods—discharge through Etiwanda 4,680
W.O.A. Cc —discharge through Etiwanda 183
Magnolia Foods—discharge through Etiwanda 525
The following dischargers are slated to cease discharges to the Brine Line in
the near future:
Discharger Transfer to Sanitary Sewer Year
Chino Development Corp. 2015
California Institute for Woman 2015
California Rehabilitation Center 2014
The only other case were reclaimable wastewater may be discharged to the
Brine Line is where emergency permits have been issued for wastewater
system facilities (e.g. sewer pump station) that would only be utilized under
specified emergency conditions.
52.7.3 Side Stream Discharges
The definition of a side stream is defined in Section 2 above in accordance
with the 2013 Remedial Plan and discussions between SAWPA and OCSD to
clarify the applicability of the 1996 Agreement requirement (Section C.5.(f))
indicating that certain side streams (from water treatment facilities) shall
obtain written authorization from OCSD prior to commencing discharge.
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A process waste stream or unexpected waste stream not included in the
discharger's Wastewater Discharge Permit Application may be considered a
side stream and may be subject to special approval requirements, including a
review by OCSD, prior to being included in an amended Permit. The
identification of side streams by inspectors/permit writers is anticipated to take
place when a Permittee has wastewater or industrial wastewater originating
from an unexpected or unanticipated source or process not originally
proposed in the permit application and not included in the Permit. This may
take place without notification to SAWPA and/or the Member/Contract
Agency, although not allowed by the Ordinance (Section 518.0) or Permit
conditions. SAWPA and/or Member and Contract Agencies may also learn
about a proposed side stream from a new or existing discharger seeking
authorization or a Permit amendment. Side streams should be documented
during an inspection and assessed to determine if they will be incorporated as
a process waste stream or can be classified as a side stream due to the non-
routine and unique conditions of its origin. The permit Fact Sheet is to be
used to document the identified side stream, how it was handled and
approved, and if it is to be considered a process stream in the Permit
amendment. All wastewater or industrial wastewater identified as part of an
industrial process and included as a discharge in the permit application and in
the Permit is not defined as a side stream.
52.7A Stormwater Discharges to the Brine Line
Stormwater is defined in Section 2 above and included in Ordinance No. 7.
The 1996 Agreement, Section C.28 states that stormwater to the Brine Line is
not authorized and that SAWPA needs to take all reasonable steps necessary
to ensure there are no discharges of stormwater to the Brine Line.
The stormwater policy for SAWPA allows the discharge to the Brine Line if
documented in the permit and if they take place under the following
conditions:
1. The surface area that discharges stormwater is less than 150 square feet,
or
2. There are operational controls in place to minimize discharges (i.e.
valves/drains can be closed/plugged).
In 2013, as part of the Remedial Plan and discussion between OCSD and
SAWPA, SAWPA defined a Stormwater Policy and established that
stormwater intrusion is not an issue in the Brine Line (commonly known as I&I
for infiltration and intrusion). There are only three permitted facilities were
stormwater is allowed to enter the Brine Line in accordance with the 1996
Agreement and current OCSD conditions of approval. Per the Remedial Plan
Table 5-4 lists the facility that have implemented operational controls to
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minimize the flow/volume and as such not subject to further operational
controls.
Table 5-4 Fac ity Stormwater Information Summary
Facility Year in Estimated Area 2013 Estimated Flow
service (sq.ft.) Yearly total/daily (gals)
The Chino Basin Post-1996 1,200 13,465/36.9
Desalter Authority
(Chino 1)
Dairy Farmers of Pre-1996 3,400 38,150/ 104.5
America Distilled Water
plant
Corona Energy Partners Pre-1996 1,750 19,636/53.8
Permit writers and inspectors should document any changes to the
stormwater volume/flows from the above listed facilities to verify conditions
and changes. SAWPA and the Member/Contract Agencies will document
during permit inspections the changes in stormwater flows/volumes from new
and renewed permitted facilities. SAWPA and Member/Contract Agencies
should make reasonable efforts to identify and recommend to Permittees
measures (or BMPs) to minimize stormwater to the Brine Line (e.g. cover,
berms, controls). The findings should be documented in the Permit, Permit
Fact Sheet and data management system (as applicable) to ensure accurate
accountability and reporting by SAWPA to OCSD.
52.7.5 Permittee Classification
One of the first steps in Permit development is to determine if the Permittee
meets the definition of a Significant Industrial User (SIU) as defined in
Ordinance No. 7 and within the definition of an SIU whether the Permittee is a
Categorical Industrial User (CIU) and subject to Categorical or Pretreatment
Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N. This
classification will dictate additional discharge limitations and monitoring
requirements.
If an IU has been determined to be a CIU, the applicable Categorical or
Pretreatment Standards for the specific process or operation generating the
discharge(s) must be included in the Permit. The Pretreatment Standards are
very specific to processes or operations that dictate specific standards,
discharge limits, and other requirements (e.g. specific list of regulated TTOs).
In addition the Pretreatment Standards can be distinct based on the start date
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of operations or other criteria that needs to be consulted and verified during
the pre-permit and permit renewal inspection. The Pretreatment Standards
can be found in either a subsection of the particular regulation entitled
Pretreatment Standards for Existing Sources (PSES) or a subsection entitled
Pretreatment Standards for New Sources (PSNS). Thus, a determination of
the Permittee's classification as an Existing Source or New Source must be
made as part of the pre-permit inspection and issuance process, and during
permit reissuance. The information in EPA's memorandum entitled "New
Source Dates for Direct and Indirect Dischargers" issued on September 28,
2006 can be used to determine if a CIU is an existing or a new source. Note
that the determination of new or existing may vary depending on the specific
Pretreatment Standard and the date the regulation was adopted by EPA.
Therefore, existing and new is applied differently based on the specific
operations or process of the discharger or proposed Permittee.
The permit writer must conduct an evaluation of the General Provisions for
the Source Category(ies) being considered, including the Applicability and
General Definitions in order to verify each industrial process (including zero
discharge or off-site discharge or disposal of process waste streams) and
clearly and specifically associate each of the processes waste streams with
the appropriate pretreatment category or subcategory. The permit writer
needs to take into account that the facility or operation's managers or
Permittee's representative may describe or label a process by a different
name that does not clearly correspond to a categorical process as named by
the Pretreatment Standard. The permit writer must verify each process and
confirm with the Permittee's representative the definition provided in the
pretreatment category or subcategory.
In some cases, the 40 CFR applicable to a promulgated industrial category
may state that an existing (or new) source subject to a particular subpart must
comply with 40 CFR 403 - General Pretreatment Regulations only, with no
other Pretreatment Standards specified (e.g., Plastic Molding and
Pharmaceutical Research). In these cases, the permit writer should review
the facility against the other criteria specified in the definition of an SIU. If the
facility does not meet any of the other SIU criteria, the facility will still receive
a wastewater discharge permit and denote the applicable Pretreatment
Standard category; however, the limits will only be associated with Local
Limits. In these cases it is important to verify any other prohibitions or
certification requirements that may apply (not related to discharge limitation)
such as the absence of certain organic compounds. SAWPA tracks the
specific Pretreatment Standard category that corresponds to these types of
facilities in case EPA initiates or finalizes new standards that may require a
re-inspection and permit amendment.
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If an IU has been determined to be an SIU for reasons other than being a
CIU, the Permit will include the adopted SAWPA Local Limits (refer to Section
4.4)
Special consideration should be given to facilities that accept waste from
other facilities. There are specific considerations that may make a facility a
Centralized Waste Treatment Facility (CWT). The June 2001 EPA Small
Entity Compliance Guide, "Centralized Waste Treatment Effluent Limitations
Guidelines and Pretreatment Standards (40 CFR 437)" includes useful
information.
52.7.6 Middle-Tier Categorical Industrial User (MTCIU) and
Non-Significant Categorical Industrial User (NSCIU)
Reserved.
SAWPA has not adopted the Middle-Tier Categorical Industrial User (MTCIU)
definition by EPA as proposed by the Streamlining Rule per (40 CFR
403.12(e)(3)(i)-(iii) or the Non-Significant Categorical Industrial User (NSCIU)
per 40 CFR 403.3(v)(2).
For information only, under this option the permit writer would consider
recommending that SAWPA and OCSD issue a modified permit to a CIU that
meets the specific exemption criteria if the User qualifies and presents
reasonable justification for the classification. SAWPA and OCSD would have
to adopt the MTCIU option for this permitting approach to be available.
52.7.7 Discharge Requirements
If the Permittee is classified as a CIU, the Pretreatment Standard will typically
prescribe the constituents to be monitored or required certifications. In
addition to the CIU constituents, those constituents listed in the SAWPA Local
Limits must be included in the Permit. If the Pretreatment Standard has a
constituent that is also included in the SAWPA Local Limits, both will be listed
in the permit. End-of-pipe Local Limits will be compared to end-of-process
Categorical Standards, and the most stringent will be stated as the discharge
limit in the Permit. It should be noted that in these cases a violation of a more
stringent Categorical Limit may or may not result in a violation of the Local
Limit as well. In some cases the Categorical Discharge Limits are associated
with averages versus the typical Daily Maximum. For example, a
Pretreatment Standard can include limits that are calculated using a 4-day
average (40 CFR 413).
Permit Writers and Inspectors should also verify any discharge conditions that
may lead to dilution of the regulated waste stream. Dilution cannot be allowed
and cannot be used to meet compliance with local or categorical limits. Any
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dilution that cannot be eliminated or is discharged through a monitoring point
should be considered in the determination of the final discharge limitations in
the Permit.
In certain Pretreatment Standards, monitoring for Total Toxic Organics is
specified unless a Toxic Organic Management Plan (TOMP)/Solvent
Management Plan (SMP) has been reviewed and approved. Other
Pretreatment Standards include a list (not always the same from category to
category) of Priority Pollutants subject to different requirements or
certifications. The Pretreatment Standards for the category or subcategory
must be reviewed to determine if monitoring alternatives or certification
requirements are applicable. The permit writer may use discretion to include
the TOMP/SMP certification based on information provided in the permit
application, inspection findings, historical monitoring data, and other relevant
information. The Permit Fact Sheet should outline the recommendations and
support the Permit's conditions or requirements.
This does not preclude the permit writer from concluding that a Permittee
must monitor for TTOs to verify compliance with SAWPA local limits. The
Permit Writer must specify in the Fact Sheet the decision(s) to select specific
monitoring requirements and the applicable discharge limitations.
SAWPA TTO list includes:
• Benzene
• Toluene
• Chloroform
• Ethylbenzene
• Trichloroethene
• Methylene chloride
• Tetrachloroethene
• 1,1,1-Trichloroethene
In all CIU/SIU permitting cases, it is desirable for Permit limits, sampling, and
reporting to be based on specific regulated process limits. When this cannot
be accomplished, EPA regulations allow for the use of the following
techniques:
a) Best Management Practices (BMPs)
In some Permits, BMPs may be incorporated for certain IUs where the
BMPs have been developed by the Pretreatment Program, or are required
by Categorical Regulations.
For the Brine Line, BMP requirements have been developed for IUs with
Flow volumes greater than 5,000 gpd (7-day average) that cannot achieve
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consistent compliance with the Local Limit Daily Average Concentration
during any Month (Monthly Average) for DOC and BOD. The basis for
inclusion of BMP requirements in the permit for DOC and BOD should be
clearly stated in the Fact Sheet.
b) Combined Waste Stream Formula (CWF)
The CWF allows for the establishment of Permit limits from combined
regulated processes. Should it be used, the Permit Writer should refer to
available detailed EPA explanations for its use in the Guidance Manual for
the Use of Production-Based Categorical Pretreatment Standards and the
Combined Waste Stream Formula (September 1985). The basis for
application of the CWF should be clearly stated in the Fact Sheet and the
basis of the ratios used should be clearly described.
c) Flow Weighted Average (FWA)
This allows for the use of an FWA in establishment of Permit limits. The
basis for utilization of FWA should be clearly stated in the Fact Sheet and
the basis of the ratios used should be clearly described.
d) Production Based Standards
Some Categorical or Pretreatment Standard limits are established on the
basis of production units and should be evaluated under such criteria.
Documentation detailing how the production-based standards were
determined should be provided in the Fact Sheet. Note that if self-
monitoring is performed, information relative to production will likely be
required and must be submitted with the self-monitoring analytical results.
Production based standards may require the use of long-term production
data to determine the limits. For example, guidance for metal forming
generally recommends one-year's production data. Permit Writers should
consult the standard and guidance document for direction.
e) Flow and Capacity Limitations
Flow limitations are also included in the permit and are generally based on
the treatment and disposal capacity that has been purchased. The
documentation associated with the purchased capacity should be
reviewed to obtain this information and should be referenced in the Fact
Sheet. Capacity should be verified during routine and permit reissuance
inspections and against flow monitoring reporting data on an annual basis
to determine any short- or long-term capacity projections and requirement
to purchase additional capacity.
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52.7.8 Monitoring Requirements
This section provides a general overview of monitoring requirements
to be included in Permits. Additional details regarding discharge
monitoring and sampling requirements are provided in Section 7 and
should be consulted to determine Permit specific discharges
monitoring.
Location
The following should be considered in selecting the Monitoring Location or
Point/s:
a) The Monitoring Points should be chosen so that a representative sample
can be taken. For CIUs, it is desirable to sample process waste prior to
mixing with domestic or other waste streams. For certain CIUs, multiple
monitoring points may have to be specified to accomplish the monitoring
required by the Categorical Standard (e.g., self- monitoring for Cyanide in
accordance with 40 CFR 433 — Metal Finishing Point Source Category).
b) When a discharger is subject to Categorical Standards, samples must be
taken prior to combining with a "dilute" or "unregulated" wastestream;
otherwise, the combined wastestream formula (CWF) must be used.
Refer to Section 5.2.7.7. Permit writers should consult the specific
Categorical Standard for the industry being permitted, including
subcategories to determine what process waste streams are considered
dilute or unregulated since they can vary.
c) If possible, a Monitoring Points should be chosen where flow
measurements can be taken.
If a representative Monitoring Point is not available, the discharger can be
required to make modifications to the facility to install one at the direction of
SAWPA and/or the Member and Contract Agency.
Once selected, the Monitoring Points must be specified in the Permit. The
specification should be definitive. If a facility map is included in the permit,
the monitoring point should be specified, if possible. In addition, the facility
map showing the general location and a picture of the Monitoring Point should
be included in the fact sheet.
As much as possible, modified or new Monitoring Points should be labeled
distinctly from historical or existing Monitoring Points if the change has
resulted from modifications to processes, production type, etc. The new
monitoring location allows SAWPA and Member/Contract Agencies to
preserve a historical record for each distinct Monitoring Point.
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Constituents to be Monitored
The discharge limitations for constituents (pollutants) and requirements will be
specified by the Categorical Standard limits and SAWPA's Local Limits, not
all the Local Limit constituents have to be monitored. The Permit Writer
should carefully review the available information regarding the processes at
the IU, as well as any available laboratory results to determine what Local
Limit constituents should be monitored. It is not unusual for an initial Permit
to require monitoring for all the Local Limit constituents to establish a baseline
for each constituent that can be evaluated later to determine what
constituents can be excluded for monitoring based on the historical data. The
basis for inclusion or exclusion of any constituents specified in the discharge
requirements should be clearly documented in the Fact Sheet. SAWPA may
elect to have additional constituents monitored as a part of a special or
system-wide study. Constituent monitoring selection must be verified during
inspections and Permit reissuance.
The Permit Writer should take into consideration all available data and
information to arrive at the decision of whether self-monitoring by the
Permittee is going to be allowed, whether the Delegated Control Authority is
going to perform all monitoring, or a combination of self-monitoring and
Delegated Control Authority monitoring is most appropriate. The
determination should be documented in the Fact Sheet and the selection
verified at minimum during permit reissuance.
Freguencv
Minimum monitoring frequencies in 40 CFR 403 specify that all SIUs
(including CIUs), must submit reports every six (6) months. Thus, it is
inferred that for all SIUs the self-monitoring frequency will be at least semi-
annual. The Permit reporting requirements, should note that if there is no
discharge and therefore no monitoring the Permittee shall certify to this fact to
satisfy the semi-annual monitoring and reporting requirements. The Permit
may include a reporting form specifically for the purpose of reporting a no
discharge condition.
Section 8.4 of the EPA Industrial User Permitting Guidance Manual provides
items that should be considered when developing the monitoring frequencies.
Special consideration should be given to increase monitoring frequency for
batch dischargers, for example. The Permit Writer should also consider the
frequency specified for similar dischargers and take into account the flow rate,
the compliance history, and similar criteria when developing or reviewing the
frequency.
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For example, a Direct Discharger whose only discharge is for emergency
purposes may have a monitoring frequency specified as "during each
discharge event' with clarification that if the discharge lasts longer than a
specified time period an established frequency goes into effect (e.g. Weekly
for discharges lasting more than a week). If the Permittee is not an SIU, the
frequency is determined by the Permit Writer based on the similar criteria
applied to an SIU (flow, compliance history, etc.).
In all cases the Delegated Control Authority monitoring frequency must be at
least annual. The basis for the frequency or changes to the frequency of both
Delegated Control Authority and self-monitoring should be clearly stated in
the Fact Sheet and in the data management system, as applicable.
Sample Type
The Permit Writer should make a conscious decision on whether the sample
type is a time or flow composite, or a grab sample. Whatever the decision, it
should be documented in the Fact Sheet. Considerations include:
40 CFR 136 regulations prescribe the type of sampling required for each
pollutant. For example: volatile organics, cyanide, total phenols, oil &
grease, sulfide, and pH must be sampled using a grab sampling
procedure, whereas metals, BOD and TSS usually require composite
sampling techniques.
Where the industrial discharge has fluctuations throughout the day, the
Permit should stipulate that all pollutants that are sampled using a
composite method should be collected over the complete period of time
the facility is in operation, up to a maximum 24-hour period. In addition,
the composite samples collected should be representative of all of the
regulated wastewater discharged by the SIU over the total sampling
period. The minimum number of required aliquot samples used to make
up a composite sample should be included in the Permit, if applicable. For
composite sampling, the Pretreatment Program uses time-proportional
composite sampling techniques or a series of grab samples that are
ultimately mixed together to form the final composite. The specific
sampling method required should be indicated in the Permit for each
pollutant requiring monitoring.
If the process is a batch process and the tank is well mixed to the
satisfaction of the Permit Writer, a single grab sample may be appropriate
in place of a composite sample. The Permit Writer should justify the use
of single grab samples in place of composite samples or vice versa in the
Fact Sheet.
Where a specific pollutant can only be sampled using a grab technique,
the Permit Writer should consider if more than one grab sample should be
taken throughout the sampling event. 40 CFR 136 allows for individual
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grab samples for cyanide, total phenols, and sulfide samples to be
separately composited in the laboratory or in the field. Volatile organics
and Oil & Grease samples may be composited in the laboratory. The
Permit Writer should document all details justifying the use of single or
multiple grab samples in the Permit Fact Sheet.
• 40 CFR 136 has provisions to specify methods other than those in 40 CFR
136 that involve approval by the Control Authority etc. To date, there have
not been any alternate methods approved for utilization by Brine Line
dischargers. If circumstances dictate a special, alternate or modified
sampling, preservation or analysis for a specific Permittee, the Permit
Writer should provide the reasoning in the Permit Fact Sheet.
Flow
Ordinance No. 7, Section 505.0 specifies that continuous flow monitoring is
required for all Direct Connect Dischargers and will be included in all Direct
Connect and Special Purpose Discharge Permits. Minimum specifications for
flow metering equipment provided in the above listed Ordinance section shall
be consulted to verify the equipment meets the requirements. Also, the
minimum Ordinance specifications should be provided to a Permittee when
metering equipment is being installed or replaced.
Routine and Permit renewal inspections should be used to verify the flow
metering equipment, calibration records, and condition of the equipment for
compliance with the Ordinance and Permit requirements. Any deficiencies
should be noted and addressed in a timely manner and in accordance with
SAWPA's ERP, if applicable. The Permit Fact Sheet is used to document flow
meter information, facts and any relevant changes.
52.7.9 Notification and Reporting Requirements
Ordinance No. 7 Section 520.0 specifies requirements associated with the
following special reports or plans:
Submittal of a Facility Waste Management Plan, may include a:
• Toxic Organic Management Plan (TOMP),
• Slug Discharge Prevention Control Plan (SDPCP),
• Pretreatment System Operations and Maintenance Manual,
• Hazardous Materials and Hazardous Waste Management Plan,
• Waste Minimization/Pollution Prevention Plan (WM/PP),
• Emergency Contact List, and
• Contingency Plan.
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Permit Writers should refer to Ordinance No. 7, Section 520.0 for additional
information regarding the specific provisions and requirements for the above
noted documents or plans. Applicable plans should be specified in the Permit
and submission of new/revised plans specified by a due date.
For example, a TOMP may not be required if the facility is not associated with
the Categorical Pretreatment Standards that allow TOMPs.
A Solvent Management Plan (SMP) is considered equivalent to TOMPs when
referenced in the CFRs for this purpose, and an SMP would be listed.
The requirement for the IU to have to submit a Slug Discharge Prevention
Control Plan should be specified in the Permit. If it has been determined that
one is required, then the basis should be described in the Fact Sheet. The
basis for all the decisions on what reports are required/contents of the Facility
Management Plans should be specified in the Fact Sheet.
Report due dates included in the Permit should consider the reports that must
be sent to SAWPA/OCSD.
For Self-Monitoring, provisions should be included for certifications of no
discharge/monitoring if there was no discharge during the reporting period.
If the Permittee is to conduct self-monitoring, a Compliance Report form
should be included with the Permit.
Reports submitted to SAWPA and/or the Member or Contract Agency shall be
certified in accordance with the requirements specified in 40 CFR 403. The
required certification statement should be specified in the Permit. In addition,
certain types of reports required by 40 CFR 403 must be signed by a qualified
professional, in addition to the authorized representative of the facility (e.g.,
Baseline Monitoring Reports).
Additional reporting requirements that may be applicable to a Permittee vary
depending on the conditions. Most standard and minimum reporting
requirements will be included in the Permit as generated by the data
management system. The most common reporting requirements are listed
below. The Permit Writer should consult Article 5 of Ordinance No. 7, for
additional and minimum reporting requirements.
• Reporting changes and/or modifications to operations include equipment
and/or processes that affect the quantity or quality of the wastewater
discharged (Ordinance No. 7, Section 518.0).
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• Reporting flow exceedances and pollutant violations (Ordinance No. 7,
Section 501.0.M and 501.0.K, respectively).
• Reporting potential problems (Ordinance No. 7, Section 522.0)
• Submission of technical reports, contingency plans or discharge reports,
BMRs, Compliance Reports, or reports on continued compliance
• Reports on Compliance with Categorical Pretreatment Standard
Deadlines, if applicable
• Notification of slug or accidental discharges and significant changes in
volume or characteristics of pollutants discharged
• Notification to SAWPA of on-site spills
52.7.10 Special and General Conditions
The Permit will contain sections for Special and General Conditions. The
General Conditions include the following items specified in Ordinance No. 7
Section 402.0.H and are included in the SAWPA Permit template(s) and/or
generated by the data management system as directed by the Permit Writer:
• General Prohibitions
• Civil Penalties
• Criminal Penalties
• Enforcement
• Duty to Comply (See also Ordinance No. 7, Section 404.0)
• Severability
• Prohibition on Permit Transfer/Change of Ownership
• Schedule of Penalty Fees
• Inspection and Monitoring Access
• Records Retention
A special condition is included that describes how the Permittee is to go about
appealing provisions of the Permit. This condition includes compliance with a
Permit that is in effect during the appeal process.
Special conditions are included in the Permit template and may be included in
the Permit regarding the maintenance of the lateral connecting to the Brine
Line, demarcation of the location of the lateral, as well as installation,
maintenance and ownership of flow monitoring equipment.
Based on the 1996 Agreement, a special condition is included in the Permit to
ensure that no wastewater is disposed of that has its origin outside the
SAWPA service area, unless SAWPA and OCSD written approval (separate
from the Permit review) has been obtained. See Section 5.2.7.1. above for
additional details regarding this special condition.
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5.2.8 Fact Sheet Development
The purpose of a Fact Sheet is to capture the most critical and important
information about the facility and the processes generating the permitted
waste stream. It also documents the decision making process regarding the
requirements and Categorical Standards contained in the Permit, if
applicable. The Fact Sheet also serves as a mean to capture information
obtained from conducting inspections and monitoring at a given facility. The
SAWPA Fact Sheet has a specific format (see current Fact Sheet Template).
Member and Contract Agencies shall utilize the SAWPA format unless the
facility and the information to be capture necessitate it. In this case the Fact
Sheet must also contain the SAWPA items at a minimum. Most of the Fact
Sheet and Permit information comes directly from the permit application;
however, other information is obtained from site inspection(s) at the pre-
permitting stage, reviews of federal categories to determine if and which
categorical standards apply, information related to determining the
appropriate location(s) for collecting representative samples; determining
appropriate pollutants of concern; etc. Information relative to the
determination of which Facility Management Plan documents are required
should be included in the Fact Sheet. The information in the Fact Sheet
should be written such that another individual can clearly understand the
conclusions relative to the requirements included in the Permit. The Fact
Sheet should also provide thorough documentation that will allow a new
inspector or other party to have a clear understanding of the facility and
processes.
The Permit Fact Sheet should include all diagrams, photos, flowcharts and
other relevant information (in appendices) that support the requirements and
conditions in the Permit.
The Permit Fact Sheet is an integral part of the Permit issuance or renewal
process and is provided with the draft Permit to the peer reviewing team.
5.2.9 Permit Review and Issuance
The Permit Writer should provide the draft Permit, Permit Fact Sheet, pre-
inspection or inspection report, and associated application to an independent
knowledgeable person to perform an independent review of the Permit.
Preferably this first peer review is conducted within the Permit Writer's
organization or agency before it is sent to SAWPA/OCSD for review. The
peer review should preferably be accomplished by a supervisory level person,
if the supervisor is knowledgeable of pretreatment program and the Brine Line
requirements.
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Refer to Section 5.3 below for the details of the SAWPA/OCSD review and
SAWPA Permit issuance processes. Once the Permit is signed and issued,
the Permit and associated Fact Sheet are filed and shared as described in
this document under Section 8 for Data Management and Section 11 for
Compliance Tracking'.
Refer to Section 5.1.1 and Table 5.1 for expectations for how many days in
advance of the effective date, permits should be issued.
5.3 Review Process for Program Related Documents
5.3.1 Permit Review and Issuance Process
MOU Sections 2.A and 2.E outline the OCSD requirements for their review of
permits, and renewal, modification or changes in terms or conditions of
permits. Permits or Permit modifications developed by the Member and
Contract Agencies are sent to SAWPA for review and approval. Permits or
Permit modification may also be undertaken by SAWPA. Permits prepared by
SAWPA are peer reviewed by either a Member or Contract Agency or a
specialized consultant.
Permits and their associated Fact Sheets may undergo one or more rounds of
revisions and comments between SAWPA and the originating Member or
Contract Agency to ensure accuracy and consistency with current policies,
agreements, procedures, the Ordinance, and 40 CFR 403 regulations.
Permits or Permit modifications developed by the Member and Contract
Agencies are sent to SAWPA for review and approval. Permits or Permit
modification may also be initiated and undertaken by SAWPA.
Upon completion of the Permit (and Fact Sheet) review and approval by
SAWPA, the Permit package (includes the Fact Sheet) is forwarded to OCSD
to determine their concurrence or exception to any proposed permit
conditions, or the need the inclusion of any additional limitations or provisions.
Section 2.A of the MOU indicates that OCSD reviews the application in
addition to the Permit. Based on informal agreements and current practices
between OCSD and SAWPA, the Fact Sheet developed by SAWPA and/or
the Member/Contract Agency satisfies the application requirement stated in
the MOU. The Permit and Fact Sheet concurrence or exception response
from OCSD's Source Control to SAWPA is provided using an established
transmittal form via email.
'Currently, Permits and Fact Sheets are imported to OnBase and the OCSD SharePoint site and updates
are made by SAWPA to the relevant databases and Master Permittee List. Once the old permit has
expired,the documents are archived and/or made inactive in the database or listings.
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The LWH Permits contain detailed information with respect to the vehicles
used and the generators served. The initial Permit and Permit renewal are
reviewed by OCSD as described above. LWH Permit amendments that
modify or update vehicle information or already permitted generators
need not be submitted for review by OCSD prior to issuance.
Appendix 3-1 depicts the Permit Review Process.
Upon issuance of a Permit or Permit amendment by SAWPA electronic files
(Adobe pdf) of the approved Permit and Fact Sheet are imported to SAWPA's
data management system. SAWPA can in turn upload the documents to
OCSD's SharePoint site. There are separate user instructions on how to
import to OnBase and how to perform the OCSD upload. In addition to the
upload to OCSD's SharePoint site, upon Permit or Permit amendment
issuance, the Master Permittee List maintained by SAWPA is updated and
uploaded to OCSD's SharePoint site. In accordance with MOU Section 2.E,
Permits (new, renewals, amendments, etc.) shall be forwarded to OCSD
within 15 days of issuance. The expectation is that the Permits will be
uploaded to SharePoint within 5 days of import to OnBase. The goal is for
the Member Agency and/or SAWPA to import the permit to OnBase within 5
days of issuance.°
5.3.2 Permit Revocation and Appeals
SAWPA's Ordinance present several appeal procedures (Section 619.0) for a
variety of actions, including Permit revocation (Section 607.0). The Ordinance
authorizes the General Manager to revoke a Permit for a variety of reasons
including violation of the provisions of the Ordinance or if the user has failed
to pay any user fee or penalty. Additional details are also found in Section
5.2.5 of this document.
5.4 Direct Discharger Permits
A Direct Discharger Permit is issued to a facility physically connected to the Brine
Line and includes those dischargers that are connected to the Brine Line via
laterals owned and operated by an agency (e.g., JCSD). Direct Discharger
Permits may be issued to various types of permittees, CIUs, SIUs, and IUs as
long as they meet the requirements in the Ordinance and have provided
information to demonstrate they qualify to be issued a Wastewater Discharge
Permit. Generally, Direct Dischargers have processes that generate high TDS
wastewater and are precluded from discharging to the local POTW or POTW
collections system. POTWs in the Brine Line Service area have restrictions on
Current Data and File Management procedures and systems described here are anticipated to change
and subject to revision when SAWPA and the Member/Contract Agencies adopt a Pretreatment Program
Management System.
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TDS in order to allow for beneficial reclamation or recycling of treated wastewater
(effluent). The Brine Line is the ideal disposal option for these waste streams and
beneficial to the watershed.
5.5 Indirect Discharger Permits
An Indirect Discharge Permit is issued to a facility not physically connected to the
Brine Line due to the distance from it or because the cost to build the connection
or lateral is prohibitive based on operations, production, etc. Indirect Discharge
Permits may be issued to various types of permittees, CIUs, SIUs, and Us as
long as they meet the requirements in the Ordinance and have provided
information to demonstrate they qualify to be issued a Wastewater Discharge
Permit. Generally, Indirect Dischargers have processes that generate high TDS
wastewater and are precluded from discharging to the local POTW or POTW
collections system. POTWs in the Brine Line Service area have restrictions on
TDS in order to allow for reclamation use of the treated wastewater.
5.5.1 Collection Station Permits
The Brine Line has four Collection Stations throughout the service area that
are owned and operated by the agencies. These Collection Stations may be
manned or unmanned and used by Indirect Dischargers to dispose of
wastewater from their permitted facilities through the use of a permitted Liquid
Waste Hauler. The Collection Stations are issued Direct Connect Permits by
SAWPA to the Agencies that own the facility. Permits are issued to facilitate
the implementation of Ordinance requirements, protect the Brine Line and
enforce Liquid Waste Hauler permit requirements and conditions. SAWPA
adopted Local Limits are applicable to all Collection Station dischargers.
A requirement for the Collection Stations to randomly sample the Indirect
Dischargers associated with that Collection Station shall be included in
Collection Station Permits. The Permit should also clearly describe the
sampling point to be considered at the collection station (e.g., hose from the
truck, sample port on hard piped section of the collection station hook-up to
the truck, special considerations for samples that must be grab samples, etc.)
5.5.2 Emergency Permits
A facility may request a direct connect discharge permit to discharge to the
Brine Line only in case of an emergency). A typical example is a sanitary
sewer pump station or wastewater treatment plant. The emergency discharge
may include domestic waste. Emergency Permits must include provisions for
self-monitoring during each discharge event (e.g., during the first day of
discharge and then weekly, if the discharge lasts longer than ten (10) days)
and reporting within thirty (30) days of termination of the discharge or
quarterly if the discharge is longer than ninety (90) days. The Permit Writer
has discretion, based on the type of discharge and other information
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regarding the Permittee, to define the self-monitoring requirements including
the frequency and the constituents. The basis for the determination should be
documented in the Permit Fact Sheet.
5.6 Special Purpose Discharge Permits
Ordinance No. 7 defines a Special Purpose Discharge as a wastewater
discharge to the Brine Line or tributaries thereto, that has origins from unpolluted
water, storm water runoff, groundwater, treated groundwater, subsurface
drainage or other similar source of wastewater. The Ordinance requires that this
type of discharge obtain a Special Purpose Discharge Permit. The format of the
Special Purpose Discharge Permit may be slightly different from the Direct or
Indirect Discharge Permit, however the considerations for determining discharge
requirements, monitoring frequencies, etc. apply to the development of a Special
Purpose Discharge Permit in the same manner as described for Direct and
Indirect Connect Permits. Permit Fact Sheets are developed by the Permit
Writer for all Special Purpose Discharge Permits to provide any specific
information regarding the conditions of the discharge, source of the wastewater
and all relevant information regarding the requirements or any special monitoring
and reporting. The Permit Writer should consult with his/her agency and/or
SAWPA to determine the best permitting approach or what Permit template is
most closely suited for the type of facility or discharge being permitted.
To date, the only Special Purpose Discharge Permit issued within the SAWPA
service area authorizing discharge to the Brine Line is for the Stringfellow
Pretreatment Facility. A specific agreement exists between OCSD and SAWPA
for this discharge. The Stringfellow permit is prepared and issued by SAWPA.
The contents of the Special Discharge Permit must meet the requirements
specified in Ordinance No. 7, Section 402.D.
5.7 Liquid Waste Hauler Permits
In 2011, SAWPA began to issue Liquid Waste Hauler (LWH) Wastewater
Discharge Permits (instead of the agencies owning the Collection Stations) to
streamline the process and facilitate the use of alternate Brine Line Collection
Stations. Liquid Waste Hauler Permits designate the allowed Collection Stations
were authorized discharges take place in accordance with Ordinance No.7
Sections 410.0 and 509.0.
5.7.1 LWH Permit Application
SAWPA has developed a Liquid Waste Hauler Permit Application and
Instructions. This application is consistent with Ordinance No. 7 Section
410.0.
Liquid Waste Haulers must include proof of insurance with the application.
Careful review of the insurance certificates should be made to verify that the
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specific insurance requirements, including endorsements are included and
the insurance has not expired.
Note that the permit application must be certified by a duly authorized
representative of the company. The requirements for a duly authorized
representative are included in 40 CFR 403.12(1) and Ordinance No. 7, Section
103.13. There are provisions for delegation; however, the delegation must be
provided in writing and must be on file with SAWPA.
5.7.2 LWH Permit Duration
As noted in Section 5.2.2., Permit Duration, SAWPA issues LWH Permits for
duration of no more than two (2) years.
5.7.3 LWH Permit Amendment/Modification
Ordinance No. 7, Section 406.0 describes instances where modifications to
the permit may be warranted. The Permittee is to be provided at least thirty
(30) days' notice to the effective date of any permit modifications. Any permit
modifications that requires changes by the permittee shall include a
reasonable time schedule for compliance. The thirty (30) days does not apply
if the Permittee has requested the change (e.g., add vehicle, add new
generator).
In the case of Liquid Waste Haulers, an amendment may be issued to update
the listing of vehicles used or generators that the Hauler is approved to haul.
In these cases, SAWPA may issue a simple Permit page amendment listing
the additional approved vehicles or generators. If the change is more
extensive, SAWPA will generally reissue the complete permit with the cover
letter detailing the main changes made, if appropriate. See Section 5.1.1 for
an overview of the permit renewal process.
5.7.4 LWH Permit Renewal
Ordinance No. 7, Section 405.0 discusses permit renewal. Permit Renewal is
accomplished by completion of a new application and a request for renewal.
Approximately 120 days prior to the expiration date of a Permit, SAWPA will
contact the LWH and provide a new application. The Permittee is required to
submit a completed application within ninety (90) days of Permit expiration.
For LWH Wastewater Discharge Permit renewals, it is acknowledged that the
insurance certificates for the new permit duration may not be issued until just
prior to permit issuance.
Section 405 of Ordinance No. 7 provides a means by which a permit
expiration date can be extended if an application has been received and
SAWPA requires more time to process the permit renewal prior to expiration.
If this provision is used, the General Manager should be notified at least ten
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(10) days in advance of the permit expiration, such that OCSD and others can
be contacted.
5.7.5 LWH Permit Termination
A Permit can be terminated or made inactive for a variety of reasons,
including but not limited to, lapsed insurance, permit revocation from
enforcement activities, request by the Liquid Waste Hauler or by failure to
renew the permit. Upon Permit termination, SAWPA will issue a letter to the
Permittee documenting that the Permit is terminated.
For the purposes of notifying Member Agencies that may be accepting waste
from a particular LWH, upon termination of a LWH Wastewater Discharge
Permit, a notification is generated by SAWPA and distributed system-wide. A
permit that has been inactive cannot be made active again without a new
application and a new permit.
5.7.6 LWH Permit Transfers
In accordance with Ordinance No. 7, Section 407.0, transfer or assignment of
a Wastewater Discharge Permit issued to a LWH is not permitted. A new
permit application would have to be submitted and a new permit issued.
5.7.7 LWH Permit Development
The requirements for the LWH Permit are described in Ordinance No. 7,
Section 410.0. SAWPA has developed a permit template for the LWH
Permits that meets the requirements of Section 410.0. This template includes
provisions for Pollutant Limitations, Monitoring Requirements, Discharge
Requirements including manifesting, listing of permitted vehicles to be used,
listing of generators from whom they are permitted to haul, ability to inspect,
and ability to enforce as well as specifying the insurance the company must
keep in force.
In most rases, the development of the permit is transferring information from
the application. The Permit Writer should consult the Master Permittee List
when completing the sections that include the generators from which the
hauler will be permitted to haul. The Permit Writer should use the Permittee
names and information from the Master Permittee List and not rely solely on
the application.
The Permit Writer should provide the draft permit and associated application
to an independent knowledgeable person to perform an independent review
of the permit, before it is sent to OCSD for review. Section 5.1.1 describes
the review and approval process.
The LWH Permit is unique in that it lists the vehicles a Permittee may use and
the generators for which the Permittee is allowed to haul. These items may
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change during the duration of a Permit. If a Permittee requests to add/or
delete vehicles or generators, the Permittee should provide an update to the
original application with the same certification statement and signature as the
original application. The information will be evaluated and an amendment
may be issued. In addition, if a generator's permit is terminated, SAWPA may
issue an amendment to delete that generator from the Hauler's permitted
generators.
Because the LWH Permit is an operational type permit, a fact sheet is not
required.
5.8 Temporary Discharge Permits
Ordinance No. 7 defines a Temporary Discharger user as those industrial users
which have a temporary need to discharge domestic wastewater to the Brine
Line or tributaries thereto. The temporary period shall be from one to one
hundred eighty (180) days or a time period established by the General Manager.
The Ordinance requires that this type of user obtain a Temporary Discharge
Permit. These permits are subject to the requirements of Ordinance No. 7
Section 4 (application, permit, inspection, monitoring etc.). The format of a
Temporary Discharge Permit is generally the same as the Direct Discharge
Permit. Because the nature of the discharge is only domestic wastewater, only
the SAWPA Local Limits should be applied. The Permit Writer should ensure
that the industrial discharge from the User is clearly separated from the domestic
discharge. Fact Sheets will be developed for all Temporary Discharge Permits.
Temporary Discharge Permits will be reviewed and approved as described in
Section 5.1.1 above. If the situation were to arise that a Direct Discharge user
had a temporary need to discharge its domestic wastewater to the Brine Line, an
amendment to the Direct Discharge permit could be issued. The Permit Writer
must document the reclaimable wastewater in the revised Permit and Permit Fact
Sheet.
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5.9 Permit Templates
SAWPA and the Member/Contract Agencies have developed a common Direct
and Indirect Discharger/Generator Permit Application, LWH Permit Application,
various Permit Templates, and a Permit Fact Sheet. SAWPA and each
Member/Contract Agency may modify the permit template based on specific
discharger needs and permit special conditions or requirements, but the
deviations will need to be carefully documented and justified. Each Permit must
meet the minimum requirements of Ordinance No. 7, Section 402.0 H. Permit
sections that are not applicable to a Permittee should be marked as Reserved
and not deleted.
The SAWPA and Member/Contract Agency Fact Sheets shall be prepared using
the SAWPA Fact Sheet Template. Additional sections or information may be
included in the Permit Fact Sheet to help document special or unique conditions
for a facility, process or Permit, but must sections should not be deleted. Not
applicable may be stated for a Permit Fact Sheet section that is not relevant.
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6.0 INSPECTION
Inspection of proposed and existing Permittees is a routine and essential component
of a successful and effective Pretreatment Program. Inspections may also take place
to investigate possible illegal activities or use of the Brine Line.
Inspection requirements are primarily outlined by 40 CFR 403, other EPA related
guidance documents and the Control Authority's POTW permit. In addition,
SAWPA's agreements with OCSD (Control Authority) as outlined below.
Ordinance No. 7, Section 502 includes requirements associated with inspection of
facilities (e.g., grant access, make records available)that the IU must meet.
6.1 1991 MOU Considerations
The 1991 MOU, Section 4.A requires that SAWPA maintain an inspection
program and document inspections with a written report. The MOU specifies that
the inspections must be conducted in accordance with the State of California
Pretreatment Program Implementation Guidance manual. This document as
specified does not exist. Inspections are conducted in accordance with the 1994
EPA Industrial User Inspection and Sampling Manual for POTW's and other
related guidance including EPA's Introduction to the National Pretreatment
Program (EPA-833-B-11-001; June 2011).
MOU Section 4.8 requires that SAWPA immediately notify OCSD of any
discharge that presents an imminent danger to the public health, safety or
welfare, or which threatens to interfere with the operation of the OCSD sewerage
system. These conditions may be identified as a result of inspection activities.
MOU Section 4.0 describes general quantity and frequency of inspections. The
section indicates that the number and timing of inspections should be based
upon the volume of the discharge, the nature of the discharge, status of
compliance etc. The section goes on to state that in no event shall the
inspections of each [permitted] discharger be done less than twice annually or
less than the minimum number required by Federal regulation. Title 40 CFR 403
requires at least annual inspections. MOU Section 4.D describes the process
OCSD will pursue if it desires to initiate an inspection of any discharger to the
Brine Line.
As described in MOU Section 4.C, OCSD may, at its discretion, participate in any
SAWPA and/or Member/Contract Agency inspection. OCSD may initiate an
inspection at its discretion. Except in the case of an emergency, OCSD shall
provide SAWPA twenty-four (24) hour advance notice in order to afford SAWPA
(and Member/Contract Agencies) the opportunity to have a representative
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present during the inspection. Any inspections conducted with OCSD should be
recorded in writing and an inspection report/documentation provided to SAWPA.
6.2 Scope and Purpose of Inspections
SAWPA and Member/Contract Agencies conduct a variety of inspections to
ensure compliance with the Pretreatment Program requirements. The scope and
conduct of inspections may vary slightly based on the type of Wastewater
Discharge Permit issued (CIU, SIU, IU) and the type of facility or Permittee such
as Direct Connect and Special Purpose Discharge Permittees. Inspection of
Liquid Waste Haulers is different from that of the discharge Permittees due to the
nature of their operation and LWH Wastewater Discharge Permit conditions.
The purpose of conducting inspections is to provide a means to:
1. Determine or confirm the type of operation, wastewater or industrial
wastewater generating activities, and permit conditions and requirements
2. Develop a professional relationship with the discharger
3. Determine Permittee's compliance with Pretreatment Rules and Regulations
including the Ordinance, Wastewater Discharge Permit and Local and
Categorical Limits
4. Identify possible pollutants of concern
5. Confirm suspected discharge violations
6. Assess the pretreatment system operation and maintenance
7. Provide information to support enforcement action
8. Verify correction of problems
9. Maintain information on IUs
10. Evaluate existing plans, including Slug Discharge Prevention Control Plan,
Toxic Organic Management Plan, etc.
The types of inspections are described in Section 6.4 below. The descriptions
include the minimum frequency required and the basis for that frequency.
Section 6 describes the requirements associated with reporting the results of
inspections to OCSD.
Inspections may also be warranted when a Permittee notifies SAWPA or an
Agency of a change in process, treatment or operations to evaluate if the
modifications result in a change in permit category (e.g. IU now an SIU) or a
change in permit's categorical standards.
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6.3 Inspection Frequencies
Inspection frequencies recommended here are based on the 1991 MOU and 40
CFR 403 that set the minimum number per year (also see Section 6.1).
Table 6.1 established by the above noted requirements, set the expected
minimum inspection frequencies to be conducted by SAWPA and
Member/Contract Agencies for consistency across the SAWPA service area.
Table 6-1 Inspection Frequency b Permit CategorV
Permittee Category Minimum Ins ections per Year
IU One 1
Clu Two 2
Non-CIU SIU One 1
LWH (all types) at Collection Station or One (1)
Generator's site
Temporary Once, if less than 6 months
Twice if Ion er than 6 months in one year
Special Purpose 1. Varies
2. Stringfellow—Two 2
SAWPA and the Member/Contract Agencies are responsible for tracking and
evaluating completion of the required minimum number of inspections per year.
Additional inspections may be warranted and are highly recommended for
Permittees that are experiencing non-compliance, have minor changes (non-
operational) such as the industry contact person changing, or as determined by
SAWPA and/or the Member/Contract Agency.
Additional inspections may be prompted by more significant events and are
expected to take place promptly, such as, significant non-compliance, major
violations, spills or other discharge events, and enforcement activities.
An increase in the inspection frequency should consider:
1. the industrial user's potential to adversely affect the Brine Line operations;
2. the type and/or concentration of pollutants;
3. the volume of the discharge);
4. the type(s) of control methods and/or pretreatment equipment needed by the
industry; and
5. the quantity and nature of material stored at the facility and its associated or
risk regarding accidental spills.
The Permit Writer should recommend an increased inspection frequency during
permit renewal based on a review of the data and information on file. The
recommendation if it deviates from that recommended in Table 6.1 above should
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be documented in the Permit Fact Sheet. The SAWPA and/or Member/Contract
Agency supervisor (approving the draft Permit) should evaluate and confirm the
recommendation. The inspection frequencies are logged and tracked in the
SAWPA pretreatment program database.
6.4 Inspection Types
6.4.1 Routine
Routine inspections are comprehensive evaluations of the Permitte's
manufacturing processes and pretreatment equipment and monitoring
devices. The routine inspections include an interview with Permittee
representatives; and depending on the facility may also include an inspection
of the Permittee's sampling location, review of hazardous material/waste
handling records, review of BMP implementation (as applicable), review of
sampling procedures and implementation (as applicable), visual inspection of
the pretreatment and manufacturing processes that pertain to wastewater
generation and visual inspection to determine if stormwater may enter the
Brine Line connection. All routine inspections are documented on inspection
forms and uploaded to the SAWPA pretreatment program database. Routine
inspections are generally not scheduled unless the type of facility requires
special arrangements (e.g. security clearance). Routine inspections may be
combined with compliance inspections (see below) as long as the inspection
verifies items that would normally be covered had it not been combined and
the inspection form documents the details of each inspection component.
6.4.2 Compliance
A compliance inspection is generally in response to a violation or event that
requires field verification such as the replacement of a pH meter. This
inspection follows essentially the same process as described for routine
inspections except with an emphasis on the area of concern. The inspection
typically requires a verification of any required modifications in process or
procedures that may have contributed to the non-compliance. All compliance
inspections are documented on the inspections form and input to the SAWPA
pretreatment program database.
Compliance inspections are conducted on a demand basis and may be
scheduled or unscheduled depending on the precipitating events for the
compliance issue. Typically, these types of inspections are not counted
towards the periodic inspection frequency. Exceptions may be made
depending on the number of inspections conducted during the reporting year.
The compliance inspection is appropriate after a series of repeat violations to
correct the non-compliance or to continue evaluating progress towards
correcting non-compliance. The purpose is to take a more critical look at the
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adequacy of pretreatment processes, waste management practices, pollution
prevention options, etc. Routine inspections may be combined with
compliance inspections (see below) as long as the inspection verifies items
that would normally be covered had it not been combined and the inspection
form documents the details of each inspection component.
6.4.3 Permit
These inspections are conducted prior to development of the initial permit and
prior to renewal of a permit. The renewal inspection can be considered a
periodic inspection for the purposes of satisfying the periodic inspection
frequency.
This inspection is a comprehensive site and manufacturing process survey
designed to verify permit application information, sample point suitability,
processes both generating industrial wastewater or wastes, determining
appropriate determination of any categorically regulated industrial
process(es), review of stormwater sources and management practices,
including any discharges to the Brine Line, review of hazardous
waste/material handling practices, BMPs (as applicable) and procedures,
personnel (or significant changes in personnel) responsible for maintaining
compliance, etc. All pre-permit inspections are documented on the
inspections form and input to the SAWPA pretreatment program database.
6.4.4 Facility Closure
A facility closure inspection should be conducted whenever possible to
ensure proper disposal of wastes and wastewater as the industrial facility or
operation is shut-down. If advance notice of eminent facility closure is
provided, it is advisable to conduct a pre-closure inspection or meeting to
advise the Permittee on how to manage the closure with respect to the
Ordinance and Permit conditions. The authorized industrial representative
should be present at this inspection, if feasible. A closure plan may be
advisable and may be required of the Permittee to ensure proper
management and disposal of existing stock materials/products, spent
materials, washdown and decommissioning. A final facility closure inspection
may include verifying the connection point to the Brine Line is close, secure or
disconnected to prevent any illegal disposal and to preclude a new owner or
facility occupant from initiating use. After a facility has closed it is a good
practice, if possible, to notify the building owner that a new operation
discharging to the Brine Line will require a new permit and to periodically visit
the facility to verify occupancy. This type of inspection should use the
inspection form.
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6.4.5 Industrial Waste Surveys
Federal regulations require the identification and location of all industrial
dischargers or users that might be subject to the pretreatment program as
part of effective implementation.
General Pretreatment Regulations do not specify how the industrial waste
survey is to be conducted or implemented, it is clear that it was originally
intended to identify all dischargers when the regulation was first implemented
and subsequently to allow for upkeep of the industrial discharger inventory or
list.
The SAWPA Brine Line is unique in its function and operation, and very
different from a traditional sewer collection system and POTW. In that
respect, the conduct of an industrial waste survey is also unique but designed
to effectively implement this pretreatment program requirement by tailoring it
to the conditions.
Therefore, SAWPA performs regular inspection of the Brine Line to ensure that
there are no illegal connections; including condition inspections using Closed
Circuit Television (CCTV) survey equipment of the lines and inspections as part
of the Sanitary Sewer Management Plan (SSMP) programs to prevent overflows
and spills. Both of these activities include a check for illegal connections. The
results will be documented as part of Brine Line Operation and Maintenance
activities.
In addition, the Jurupa Community Services District or JCSD as a SAWPA direct
discharger and Contract Agency will conduct industrial user surveys of its service
areas associated with the Brine Line connections at Hamner, Wineville (including
Adesa Los Angeles) and Etiwanda. The purpose of the targeted surveys will be
to identify any new or modified facilities and users discharging to JCSD's
collection system and subsequently to the Brine Line.
JCSD will employ the traditional industrial user survey methods that include:
review of water and sewer billing records, requests for sewer lateral connections,
internet business directories, business license records, and field observations
and investigations, as applicable.
An unauthorized user or discharger will be inspected to determine compliance
actions including termination of service (Ordinance Section 608.0),
emergency suspension (Ordinance Section 611.0) and other remedies as
presented in SAWPA's Enforcement Response Plan (ERP). The inspector
should also determine the user's timeline for completion and submission of a
completed Wastewater Discharge Permit application as required by the
Ordinance and ERP.
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6.4.6 Other Discharge Permittee Inspections
Inspection of Temporary Discharge Permittees should be determined using
the criteria stated above in Section 6.3. All other inspection and
documentation requirements apply, including the preparation of a Permit Fact
Sheet. Permit conditions and requirements shall be at the discretion of the
Permit Writer based on the application information and data, and the findings
during the inspection. Due to the temporary nature of the discharge (<180
days) at least one inspection shall be made during the duration of the permit
(in addition to the pre-permit inspection).
There are times when an inspector or other personnel from a Member or
Contract Agency or SAWPA may need to visit a Permittee. These are
typically to gather specific information or provide correspondence etc. These
inspections are recorded on the inspection form but are not counted towards
satisfying the periodic inspection frequency if they are administrative in
nature.
6.5 Inspection Safety
The safety procedures defined by the Agency conducting the inspection and the
safety procedures of the facility where the inspection is being conducted shall be
adhered to, whichever is more stringent. The inspector should be prepared and
have industrial safety shoes, hardhat, hearing and eye protection, and safety
shoes available for any inspection to be conducted. Inspectors may use
Permittee supplied safety equipment (typically disposable hearing protection).
6.6 Inspection Conduct
Below is a general discussion with respect to the conduct of an inspection. This
discussion is written as if a pre-permit inspection is going to be conducted.
Conduct of the other inspection types require similar steps, but are more focused
on specific issues, changes, compliance, etc.
Inspection preparation is very important. The first step is to establish the
purpose and scope of the inspection. Review all pertinent background
information applications, questionnaires, Baseline Monitoring Reports,
compliance history, and federal guidelines, if appropriate. Prepare any
documents and equipment necessary. If necessary, coordinate with the
laboratory or sampling technician if samples are to be collected.
When you arrive at the facility, always conduct yourself in a professional manner,
and discuss inspection objectives clearly during the introduction. Determine with
the Permittee representative if photography is permissible. The inspector must
follow safety procedures in accordance with any manufactures' specifications
and follow safety procedures established by the industrial user. Inspectors are
responsible for having the necessary safety and personal protection equipment
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required to access the facility and conduct the inspection in a safe manner. If
special equipment or precautions are needed at any facility, the inspector should
enter the information in the SAWPA data management system and in the Permit
Fact Sheet for future reference.
Consent to enter the premises is a Permit condition and Ordinance No. 7,
Section 502.0. If permission to enter is denied, the inspector should make an
attempt to obtain the reasons or cause behind the denial, explain the ordinance
and permit condition, and then proceed to contact their Agency and SAWPA
immediately, as applicable. This is a violation of the Permit and Ordinance No. 7;
Section 503.0 has means to remedy the situation. Inspectors may sign visitor
logs or sign-in sheets, provided no language can be construed as a waiver or
release that relieves the facility of responsibility for injury or limits the rights of the
Pretreatment Program to use data obtained during the inspection. No separate
waivers or releases should be signed by the inspector. If this situation arises, the
inspector should contact the Agency's supervisor and SAWPA for guidance.
During the inspection, the inspector or Permit Writer should:
• Collect as much information as possible. Do a complete inspection of the
industry starting from the beginning where materials arrive to where the
wastewater is discharged. Concentrate on the processes that create the
discharge to the Brine Line.
• Determine if the applicant has any federally regulated categorical processes.
• Ask questions about the facility, hours, and days of operation, etc., chemicals
used in the process and any by-products produced. Compare this to what
was provided in the application.
• If not provided in the application, draw a line sketch of the facility and process
flows.
• Look for chemical containment areas, review hazardous waste records, and
look for floor drains. Look for evidence of spills.
• Determine if a Slug Discharge Prevention Control Plan is required (validate
determination every two years). Title 40 CFR 403 requires this determination
for all SIUs.
• Determine if the facility will be required to install a sampling box and/or if
there are any combined waste streams that will require additional calculations
and possibly follow up inspections. Verify that the proposed monitoring
location is representative of the permitted discharge and flow.
• For Direct Discharge and Special Purpose Discharge Permits, determine
where the flow meter is installed (or will be installed for new permits).
• For Direct Discharge and Special Purpose Discharge Permits, determine the
location of the lateral and the location of the connection to the Brine Line.
• If the facility collects samples for laboratory analysis, review sample
procedures and review sampling equipment calibration. Note that a written
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plan must be submitted and approved before hand for a facility to collect its
own samples.
If the facility contracts with a vendor (laboratory or consultant) to collect
samples, review the contract and provisions. Request vendor procedures.
• Request confirmation that Laboratory has valid certification.
• Review monitoring data and compare to what has been provided. If
questions arise relative to monitoring data validity, the inspector can collect
independent samples.
• For initial permit determine which pieces of the Facility Management Plan
documents (e.g., Hazardous Materials, Toxic Organic Management Plan,
Slug Control, and operations and maintenance manual) will be required. For
general inspections determine if required submittals have been made and if
changes have been made since the last inspection.
If a facility operates pretreatment equipment, review personnel qualifications
and training.
• Review IU records for completeness and accuracy.
When closing and finishing the inspection, ask for any additional information.
Answer any questions that the IU may have. Review inspection notes and inform
industry contact of any possible follow-up actions. If requested provide copy of
inspection form to the IU.
Complete the inspection report and include findings and any deficiencies. The
report should be factual, accurate, and complete. Remember the information
may be used for an enforcement action or permit renewal. Inspection results
should be recorded in the SAWPA Pretreatment Program Database and filed
within ten (10) business days of completion of the inspection. Refer to Section
4.7 regarding Permittee claims of confidentiality.
6.7 Inspection Documentation
All inspections, regardless of the type or purpose, are documented using a permit
inspection form or comparable report. The inspection form or report is part of the
Permittee's file and record and should be placed in the hardcopy file and/or
incorporated into the SAWPA Pretreatment Program Database.
6.8 Liquid Waste Hauler Inspections
Liquid Waste Haulers are inspected on an annual basis (see Section 6.3). The
routine inspection form is used and supplemented, as necessary. The focus of
the inspection is the record keeping, compliance with the permit, cleaning
procedures to prevent cross-contamination, and validity of the information
provided in the permit. Liquid Waste Haulers can be subject to additional
inspections depending on performance and sample results from the random
Collection Station sampling.
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6.9 Inspection Scheduling & Tracking
Inspection scheduling should consider the nature of the inspection, the activities
of the facility and the availability of knowledgeable personnel at the facility.
Inspection should be scheduled such that the minimum frequency specified in
this section is met. An overall inspection schedule for the fiscal year should be
made and the actual completion of the routine inspections tracked using the
SAWPA Pretreatment Program Database. All inspections should be recorded in
the SAWPA Pretreatment Program Database.
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7.0 DISCHARGE MONITORING
7.1 Discharge Monitoring Overview
Discharge monitoring is conducted to verify compliance with permit conditions,
the Ordinance, and discharge limitations, both local and categorical limits, as
applicable.
In general, two types of discharge monitoring take place. Monitoring can be
performed through sample collection and pollutant testing conducted by the
Permittee; referred to as self-monitoring. Also, compliance monitoring is
performed by the Delegated Control Authority' as described in the Permit Fact
Sheet. The Delegated Control Authority is SAWPA but compliance monitoring
may be conducted by SAWPA or the Agency. Agencies will conduct the
Delegated Control Authority monitoring on behalf of SAWPA based on the
service area and the location of the Permittee. The general monitoring
arrangements including roles and responsibilities are defined through the
Multijurisdictional Pretreatment Agreement between SAWPA and the Agencies,
and the SAWPA Policy Manual.
Monitoring requirements are specified in the discharger's Permit based on the
information and data evaluated by the Permit Writer during Permit issuance.
Specific discharge monitoring recommendations should be included in the Permit
Fact Sheet to document any pollutant additions or exceptions as well as the
monitoring frequency. The Permit should reflect the recommendations made by
the Permit Writer.
SAWPA currently contracts with qualified vendors the monitoring activities
assigned to the Delegated Control Authority for the permits issued by SAWPA to
Agencies, but can also elect to conduct the monitoring using SAWPA staff. In
some cases, personnel from another SAWPA Pretreatment Program Agency
may assist SAWPA with sampling of another Agency (e.g., WMWD staff may
conduct sampling of an EMWD desalter facility) if the need arises. In general,
Agencies may either use their own staff to perform the Delegated Control
Authority monitoring and/or qualified vendors.
Depending on several factors, the Delegated Control Authority (SAWPA or the
Agency) can perform all the routine self-monitoring on behalf of a discharger.
Regardless of the self-monitoring policies and practices of an Agency, SAWPA
clearly specifies self-monitoring requirements in the Permit. An Agency that
elects to conduct all monitoring activities, including the self-monitoring, shall
communicate it to SAWPA and is obligated to conduct all self-monitoring as
s Delegated control Authority can refer to SAWPA or a SAWPA Agency.
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specified in the Permit in addition to the mandatory Delegated Control Authority
monitoring (see Table 7-1 for minimum frequencies).
Self-monitoring by the Permittee can be accomplished in a variety of ways. The
Permittee can collect the samples and deliver them to an ELAP State certified
laboratory for analysis. Alternatively, the Permittee can contract with a vendor to
collect the samples and the vendor delivers them to an ELAP State certified
laboratory. Lastly, the laboratory can provide the sample collection and analysis
services. If the Permittee elects to have its own personnel collect the samples or
use a vendor, rather than using a contract laboratory, a written SOP must be
submitted to and approved by the Agency and/or SAWPA. The written plan must
contain the information stated in Ordinance No. 7, Section 501.0.P. The written
plan may be specified as a permit condition or required separately if sampling
choices and arrangements by the Permittee change or are proposed to change.
During renewal and routine inspections, inspectors should verify the sample
collection methods and personnel used by the Permittee. This may also be
verified during self-monitoring data review and acceptance of self-monitoring
reports by reviewing the chain-of-custody.
All sampling procedures and adherence to them by sampling personnel will be
reviewed on a periodic basis, as part of the Program's Audit process and quality
control procedures.
7.2 OCSD Monitoring in the SAWPA Service Area
If OCSD requires specific wastewater quality data, in accordance with MOU
Section 3, OCSD is to request the information from SAWPA, first. If OCSD is
going to perform monitoring in the SAWPA service area, it is to inform SAWPA
twenty-four (24) hours in advance, expect in emergency rases. Any results of
monitoring by OCSD shall be provided to SAWPA within fifteen (15) days of
receipt.
SAWPA may elect to obtain a split sample (a portion of the sample collected that
is comparable to the original) from OCSD for analysis by SAWPA's contract
ELAP certified laboratory.
7.3 SAWPA Monitoring and Metering Station (SMMS)
SAWPA conducts flow metering and water quality monitoring to satisfy
requirements in the 1991 MOU, Section 5.0 at the established SAWPA
Monitoring and Metering Station (SMMS).
Previously monitoring of the discharge has been conducted at other locations,
including the Orange County Line, also known as the Meter S-01 or Green River
Station. The MOU requires monthly monitoring at the designated SMMS.
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Additional studies may be performed by SAWPA for a variety of purposes
including evaluating the condition of the Brine Line.
7.4 Discharge Sampling
Monitoring activities are a very important component the Pretreatment Program
and the general elements of a Permittee compliance monitoring program are
included in the following sections. Permit Writers and inspectors should also refer
to SAWPA SOPS that provide more details, if applicable.
Sampling personnel are required to be familiar with this section and to implement
SAWPA's SOPs if specified.
7.4.1 Sampling Criteria
An effective pretreatment program must include the ability to collect and
analyze wastewater samples to evaluate compliance with applicable
pretreatment standards by all users. A secondary goal is to indirectly verify
the quality of self-monitoring data (or the discharge), adequacy and
representativeness of sampling locations and support enforcement actions.
The National Pretreatment Program requires that sampling and analysis be
performed in accordance with the techniques prescribed in 40 CFR 136 and
amendments thereto. Title 40 CFR 403.12.(b)(5)(v) states, "Where 40 CFR
136 does not contain sampling or analytical techniques for the pollutant in
question, or where the Administrator determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analysis shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures,
including procedures suggested by the POTW or other parties, approved by
the Administrator's. Administrator is generally considered the EPA Regional
Administrator.
The following shall be considered when defining both the Permittee's self-
monitoring and the Delegated Control Authority monitoring requirements for a
Permittee:
• Sampling Parameters/Analytical Method
• Sample Frequency
• Monitoring Point(s)
• Sample Type
• Sample Volume/Sample Container/Preservation
• Sample Equipment Selection/Cleaning/Maintenance
• Chain-of-Custody
Note—any further reference to the techniques prescribed in 40 CFR 136 includes the disclaimer regarding 40 CFR
136 not specifying a method or the Administrator determining that 136 methods are inappropriate.
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• Analysis Detection Limits
• Sampling Quality Assurance/Quality Control (QA/QC)
• Laboratory QA/QC
The above sampling criteria and other factors should be taken into account by
the inspector and/or Permit Writer when assessing the appropriateness and
feasibility of the self-monitoring and Delegated Control Agency sampling
recommendations. For example, a sample collected using a composite
technique may not be appropriate for a batch that is estimated to take two (2)
hours to discharge. In this case a composite of 14 grabs taken during the
two-hour period may be considered representative of the discharge. The
options need to be examined against any categorical limit definitions that
specify the sampling period or technique to accommodate all the
requirements. Therefore, expanding on the example above, a grab sample is
the indicated method for oil and grease and that would be different from the
other parameters sampled (using a grab-composite sample type).
7.4.2 Pollutant Sampling and Analytical Methods
The sampling requirements for any specific pollutant will be included in the
Permit. All sampling and analysis must be performed in accordance with 40
CFR 136 and amendments thereto, unless otherwise specified in an
applicable Categorical Pretreatment Standard and as included in the Permit.
The pollutant sampling requirements may dictate the analytical method and
vice versa.
Flow monitoring by a Permittee is considered part of self-monitoring. The
requirements for flow monitoring are specified in the Permit and generally
involve totalizing flow meters.
The following is general guidance on sampling parameters:
1. Categorical Industrial Users (CIUs)
The pollutants to be monitored depend on the specific EPA categorical
standards for the industry based on the processes and operations. For
CIUs, the pollutants to be monitored are found in the applicable sections
of 40 CFR, Parts 405-471 and the limits apply at the "end of process." In
addition to required Categorical Standards for CIUs, Local Limits for other
pollutants may be included in the Permit at SAWPA's discretion. Refer to
Section 5.2.7.5 for additional information.
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2. Local Limits
The pollutants for which Local Limits and Best Management Practices
have been established are included in SAWPA Resolution 2011-13.
SAWPA Local Limits are derived and updated from OCSD's Local Limits
and may include other pollutants considered by SAWPA to be of concern
for Brine Line operation and management. SAWPA Local Limits are
applicable to the "end of pipe" discharge from the Permittee's facility and
the specific pollutants to be monitored are included in the Permit. The
pollutants are selected depending on their presence and concentration as
determined by initial sample collection and other information obtained by
the Permit Writer, and at SAWPA's discretion.
3. Conventional Pollutants
In accordance with SAWPA Resolution No. 2012-06, IU service fees are in
part based on actual discharge strength for BOD and TSS. There are also
Local Limit and Best Management Practices requirements for conventional
pollutants. These limits are contained in Resolution 2011-13. For the
purposes of billing and include BOD, TSS, and hardness that are to be
monitored at the designated monitoring point.
4. Temperature, pH and Flow
Generally, readings for temperature, pH, and flow should be collected
every time a sample is collected.
5. Pollutant Monitoring Waiver or Exemption
The monitoring waiver in 40CFR 403.12(e)(2) is to authorize CIUs, subject
to categorical Pretreatment Standards, to forego sampling. If the Permit
Writer would like the option to issue waivers to CIUs for sampling
categorical Pretreatment Standard constituents he/she would need to
follow the specific process in 40 CFR and verify the specific language in
the sub-category. (This is an optional streamlining rule addition).
Per 40 CFR the monitoring waiver is not needed for Local Limits. The
Permit Writer decides the Local Limits constituents that are applicable to
an IU or non-categorical SIU. The constituent selection process or
justification should be documented in the Permit Fact Sheet. The EPA
Industrial User Permitting Guidance Manual (September 1989) describes
this process (see pages 7-6, 7-7 and 11-3). Therefore, SAWPA and/or the
Agencies have the right to require a non-categorical SIU or IU to only
monitor for certain parameters based on the BPJ of the permit writer.
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7.4.3 Sample Frequency
The frequency of sampling by the Permittee is always prescribed in each
individual permit. Refer to Section 5.2.7.8 for information regarding the
recommended Permittee self-monitoring frequency.
Minimum sampling of the SIU's effluent is required at least once per year per
40 CFR 403.8(f)(2)(v). SAWPA's minimum sampling frequencies are specified
in Table 7.1.
If the Agency conducts the monitoring in-lieu of the Permittee, at the
frequency specified in the Permit then that sampling would satisfy the
requirements of 40 CFR 403.8(f)(2)(v) that indicate random sampling and
analysis of SIUs by SAWPA/Agency is required at least once a year.
Each regularly discharging direct connect permitted user will be sampled at
least once a year by the Agency. In the case of the "emergency permits," the
Permittee shall sample the effluent as described in the permit. If the
emergency discharge lasts longer than 96 hours, the Delegated Control
Authority shall make every effort to obtain an independent sample of the
discharge.
Depending on the compliance history, suspicion of illegal discharge, etc., the
Delegated Control Authority monitoring frequency may be increased. When
deemed necessary for compliance purposes, unannounced sampling may
occur.
Table 7-1 Sample Frequency the Permit Category
Permittee Category Minimum Self-Monitoring Minimum Agency
Frequency Compliance Sampling
Frequency
IU Annual Annual
clu Quarterly Quarter)
Non-CIU SIU Semi-annual Semi-annual
LW H (all types)at Collection Not specified, not required Semi-Annual/Random
Station or Indirect discharger site
Temporary Once, if less than 6 months One sample per year
Twice if longer than 6
months in one year
Special Purpose Varies, as specified in the As recommended by the
Permit Permit Writer based on BPJ
Emergency Varies, as specified in the Annual
Permit
Others Varies Annual
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For Indirect Dischargers, because the actual discharge of waste into the Brine
Line occurs at the Collection Station, additional sampling shall be taken. At a
minimum, two samples a year should be taken for all parameters listed in the
monitoring section of the permit at the IU facility. In addition, at least one sample
a year should be taken for all parameters listed in the monitoring section of the
permit at the primary Collection Station. This sample collection at the Collection
Station is to account for any contamination that may be introduced by the waste
hauler. This random sampling at the Collection Station is in addition to any
minimum sampling (pH) routinely conducted by the Collection Station. Sampling
at the Collection Station can be considered the self-monitoring included in the
Permit. Delegated Control Authority sampling is conducted by the Agencies at all
Collection Stations. SAWPA may also conduct sampling at Collections Stations
at its discretion. Inspection and sampling at a Collection Station may result in a
load being rejected by the Agency. This action may result in the Agency issuing
an enforcement action and prompts a system-wide notification to all agencies
and Collection Stations to prevent disposal of the rejected load in the SAWPA
service area.
7.5 Enhanced Compliance Monitoring
Monitoring performed at a permitted facility for enhanced compliance purposes or
surveillance is managed on a case-by-case basis and tailored to the investigation
goals. The parties involved may also vary, but may or may not include
involvement by Agency staff.
Enhanced compliance monitoring is always managed in accordance with
SAWPA procedures, SAWPA's ERP, 40 CFR 403, and all applicable
requirements and regulations. In general, all enhanced compliance monitoring is
assessed against the applicable Permit limits and if non-compliance occurs,
enforcement in accordance with the ERP shall be initiated. It should be noted
that instances may arise when other regulatory limits may apply (e.g. hazardous
waste).
Monitoring conducted as part of an investigation or other enforcement action
(e.g. search warrant) may be limited to a limited number of SAWPA and Agency
staff. In some cases, SAWPA and the Agency may be involved in monitoring
activities lead by other investigating agencies (e.g. District Attorney's office) and
subject to the investigating agency's policies and procedures.
Reporting of enhance compliance, investigative or surveillance monitoring is
described in Section 10.2.6.
7.6 Emergency Sampling
There may be times when additional emergency sampling is necessary due to
conditions in the Brine Line. SAWPA and/or Agency personnel shall be briefed
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on the procedures to follow in case of emergencies. Emergency contact
information, including telephone numbers for Agency staff should be available to
ensure timely response to the incident. Applicable reports are to be filled out to
document the incident.
SAWPA and the Agencies track the completion of all required Agency sampling,
any additional or supplemental sampling and the required self-monitoring events
in SAWPA's Pretreatment Data Management System.
7.6.1 Monitoring Point(s)
Monitoring points are listed as the sampling locations for all outfalls listed in
the permit. Monitoring points may be classified as "end of pipe" to determine
compliance with local limits or "end of process' to determine compliance with
categorical limits. Permit Writers should provide an explanation of the
monitoring point(s) in the Permit Fact Sheet regarding the type of limitations
that apply.
7.6.2 Sample Type
In general, two types of samples are collected, composite or grab samples.
The sample type is listed in the Permit and is at the discretion of the Permit
Writer, but must consider the requirements for the type of pollutant and the
categorical standards, if applicable.
The Permit Writer should provide an explanation of the sample type if it
deviates from that established in 40 CFR 136, or for any unusual monitoring
location or discharge.
SAWPA's Sample Collection SOP should be consulted for additional
information on sample types and procedures.
Composite samples are preferred for compliance monitoring, unless the
pollutant requires grab samples. Grab samples may also be required under
the following circumstances:
• Batch discharges
• Characterizing extremes of wastewater quality
• Industries suspected of discharging slug loads
A single grab sample should not be used to determine compliance with a daily
average limit, unless there is no other practical means of obtaining a daily
average discharge sample. For example, a batch may be representative of
daily operations and comparable to the "average' discharge had it not been
held in a tank. Sampling this batch is performed by a grab sample (type of
sample) but is representative of a cumulative discharge over a defined period
of time (daily, 4 days, etc.).
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7.6.2.1 Composite Samples
Types of composite samples include:
• Time-Proportional
• Flow-Proportional
Note that composite samples may be accomplished by an automated
sampling device or a series of samples collected as grabs and composited
either in the field or in the laboratory.
The ultimate goal is to collect the most representative sample of the
discharge based on the limits being assessed for compliance with the most
feasible and reasonable sampling methodology or technique. Where
appropriate, composite samples should be used to sample for compliance
with Categorical Standards.
Time-Proportional Composite Sampling:
Time-Proportional Composite Sampling is composed of constant volume
discrete sample aliquots collected at constant time intervals.
Flow-Proportional Composite Sampling:
For Flow-Proportional Sampling the time between samples is constant, and
the volume of each sample is proportional to the flow at that given moment in
time (i.e., the volume of the sample varies over time as the flow changes).
Discrete and Non-Discrete Composite Sampling:
Discrete and Non-Discrete Composite Sampling may be applied to either
Time- or Flow-Proportional sampling. Discrete Composite Sampling refers to
the collection of a composite sample in distinct aliquots, usually 24 bottles in
an automated sampler. Non-Discrete refers to the collection of a composite
sample in one single container with an automated sampler.
7.6.22 Grab Samples
Grab sample is a sample taken from a waste stream without regard to the
flow and over a period of time not to exceed fifteen (15) minutes.
The following common parameters should be collected as grab samples:
• Polar and Non-Polar Oil and Grease (Method 1664A)
• Residual Chlorine
• Total Phenol
• Sulfide
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Cyanide
• Volatile Organics
Temperature
pH
Other parameters may require grab samples. 40 CFR 136 should be
reviewed to ensure the correct sample types are being used.
7.6.3 Sample Volume, Container Type and Preservation
The volume of sample collected depends on the type and number of analysis
to be conducted. Consideration also needs to be given to the type of
container, preservation, and holding time. All sample volumes must be
sufficient to meet the requirements of 40 CFR 136 and amendments thereto.
Sufficient sample volume is crucial to the laboratory's ability to perform the
analytical test. Container types, sample preservation, and holding times are
to be in accordance with 40 CFR 136 and amendments thereto (provided in
Table II of 40 CFR 136). If necessary, the analyzing laboratory may be
consulted.
7.6.4 Sample Equipment Selection, Cleaning and Maintenance
In order to ensure that the samples collected are not contaminated, selection
of the proper equipment and proper maintenance (cleaning) of the equipment
is paramount. Specific guidance and be found in the Industrial User
Inspection and Sampling Manual (EPA, 1994) for POTWs. In addition, a
certified laboratory can provide additional information. If a sample collection
vendor is used, both the sample collection procedures and the equipment
cleaning procedures should be reviewed.
7.6.5 Chain-of-Custody
A Chain-of-Custody (COC) form must be completed for each sample or set of
samples taken. At the time the sample is turned over to the laboratory, the
person relinquishing the sample and the person receiving the sample must
sign the COC. Any additional sample custody transaction shall also be
recorded on the COC unless they take place within a secure work
environment. A copy of the COC must be included and kept with the
laboratory's analytical results report and in the Permittee's file (paper copies
of laboratory results will eventually be replace by electronic versions that are
stored in the document management portion of SAWPA's data management
system).
The COC should include the following information:
• Signature and printed name of all persons handling the sample
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• Description of the Monitoring Point
• Flow meter reading at the start and completion of the sample event (as
applicable)
• pH and temperature?
• Date and time the sample was taken for grab samples and/or start and
end date and times for composite samples
• Date and time the sample changed hands
Type of sample collected (grab or composite)
Autosampler ID number, if applicable (stationary samplers may not need
to be specifically identified)
Sample Container/Preservatives used
Indication if ice was used, autosampler is a refrigerated unit or comparable
notation
Analytical methods used or required
Indication if additional security measures (i.e., custody seals) were
employed.
7.6.6 Analysis Detection Limits
It is important to communicate with the ELAP certified laboratory to ensure
that the analysis performed has the appropriate (lowest) detection limits
possible. The detection limits must be below the limits specified in the Permit.
In some cases, obtaining a lower detection limit may require the laboratory to
use a more sensitive or alternative analytical method than what was originally
requested. Any modifications to analytical methods should be approved and
documented.
7.6.7 Sampling Quality Assurance/Quality Control (QA/QC)
This section presents an overview of Sampling QA/QC. Additional details are
found in SAWPA's Sampling QA/QC SOP.
7.6.7.1 Sampling QA/QC
Sampling QA/QC is to ensure the quality of the sampling equipment and field
measurements. The required elements of sampling QA/QC program include
the following:
a) Identifying the analytical methodology for each regulated pollutant.
b) Documentation or justification of selected analytical and sampling
methods.
7 pH and Temperature measurements are routinely recorded in the field and noted in the COC. Other
parameters may also be measured in the field and would be recorded on the COC.
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c) Procedures to calibrate and maintain equipment, plus frequency of
calibration.
d) Performance evaluation of the following areas:
• Qualification of sampling personnel
• Appropriate Monitoring Points
• Sampling techniques
• Flow measurement procedures
• Use of QA/QC samples to evaluate validity of data and cleanliness of
sampling equipment
• Completeness of data, data records, processing and reporting
• Personnel training
Sampling QA/QC ensures sampling equipment dependability and accuracy of
field measurements and laboratory analytical results. The following should be
implemented to ensure sampling QA/QC:
a) Calibration plan for all equipment.
b) Documentation of equipment calibration dates and maintenance dates.
c) Collection of the following types of QA/QC samples:
• Duplicate samples
• Equipment blanks
• Field blanks
• Preservation blanks
The procedures and documentation provided as part of procurement for
sampling services by a contractor or laboratory should be reviewed prior to
issuing a contract.
7.6.72 Minimum QA/QC Sampling
A minimum of one (1) QC sample is required per year per permittee. One
equipment blank, field blank, and preservation blank may be used for multiple
Permittees if sampled during the same day.
7.6.7.3 Laboratory QA/QC
QA/QC procedures for laboratories are part of the laboratories' Standard
Operating Procedures. The QA/QC procedures should be provided by the
laboratory and reviewed to assure high quality and reliability of the laboratory
results. The following types of QC samples should be collected and analyzed
to determine the confidence and validity of the reported analytical data:
a) Duplicate samples
b) Method blanks
c) Split Samples
d) Spiked samples
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Further discussion of QA/QC can be found in the "Industrial User Inspection
and Sampling Manual for POTWs." This is an EPA document published in
April 1994. Typically, the laboratory QA/QC is reviewed during the
laboratory's State ELAP certification process.
7.7 Sample Collection
Sample collection is described in detail in SAWPA's Sample Collection
SOP.
This section presents additional guidance for Sampling Technicians, Permit
Writers, Inspectors and other Pretreatment Program staff.
7.8 Sampling Equipment Security
Sampling personnel should ensure sample integrity by implementing security
measures to prevent tampering of the equipment and samples. Sampling
personnel are to maintain custody of the sample at all times and take all
reasonable measures to prevent unauthorized access to samples by securing
and/or locking the auto sampler. Handling and access to samples should only be
by SAWPA/Agency personnel.
7.9 Collection of Flow Data
Flow data may be collected for billing and for compliance purposes.
For billing purposes, monthly flow data is collected for the direct dischargers. In
some cases, the data is collected by the IU and reported on the Self-Monitoring
Compliance Report form or comparable, as stated in the Permit. In other cases,
the flow data is obtained by SAWPA or the Agency. The flow data is generally
collected on the last day Friday of the month with exceptions. The flow for the
indirect dischargers is recorded at the Collection Station where the discharge
occurs. Flow data is recorded and applied by SAWPA and Agencies for billing
purposes based on their billing methods and systems.
For compliance purposes, flow data can assist in determining if dilution is taking
place and to calculate compliance with mass-based or other special limits. For
example, the BOD mass limitation of 15,000 Ibs/day.
7.10 Laboratory Data Processing
Laboratory data reports are provided to SAWPA/Agency directly by the contract
laboratory for Delegated Control Authority monitoring. The report is reviewed for
noncompliance with Permit requirements, discharge limitations (local can
categorical), sample holding times, detection limits, laboratory errors, and
analysis method used. All analysis performed should be in accordance with 40
CFR 136. A copy of the Chain of Custody should be attached to the analysis
report. The laboratory QA/QC analysis may be included, if requested. The
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QA/QC can provide insight into any flags on the laboratory results. If included,
the QA/QC analysis should not be separated from the report.
If any noncompliance is identified, the Permittee will be notified of the
noncompliance and enforcement actions and verification re-sampling will be
initiated as required by the ERP. Data from the laboratory may be received as
an electronic file (Excel or comparable) and transferred to the data management
system for review. Laboratory data may also be received in a report that may be
delivered electronically, but is non-transferrable (pdf) that requires manual data
entry. In either case, laboratory data is reviewed, approved, and filed in the
industry's permit file or as a document in the data management system.
Information that supports billing is collected and provided to SAWPA and/or the
Agency billing department on a monthly basis or as required by the Agency's
protocols.
SAWPA's data management system will provide a means to ensure adequate
review of laboratory reports is performed.
7.11 Best Management Practices (BMP) Compliance Verification
SAWPA has BMP requirements for Dissolved Organic Carbon (DOC) and
Biochemical Oxygen Demand (BOD) with specific action levels in mg/L. The
current action levels can be found in the Local Permit Limits resolution (2011-13
or subsequently adopted revisions).
7.12 Self-Monitoring Compliance Report Review
The Permittee is required to perform self-monitoring and sampling results are
submitted to SAWPA or the Agency on a Self-Monitoring Compliance Report
Form or comparable (as noted in the Permit) and must be received by the due
date stated in the Permit. These reports are referred to as Self-Monitoring
Reports (SMRs). In addition, supplemental data required by the Permit must be
submitted together with the Self-Monitoring Compliance Report form.
SMR laboratory data will be reviewed as described in Section 7.10. In addition,
periodically the data should be compared to that of Agency compliance results
(sampling performed by the Delegated Control Authority). In addition to the
process described in Section 7.9, SMR or compliance data reports should be
reviewed for timeliness, completeness, appropriate certification statement, and
appropriate personnel signing the report. Review of other types of IU submittals
(e.g., Baseline Monitoring Reports) should include these elements, as well as
compliance with the requirements for that particular report. If any noncompliance
is detected that was not identified by the Permittee, the Permittee will be notified
of the noncompliance and enforcement actions and verification re-sampling will
be initiated as required by the ERP. Note the Permittee may also be cited for
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failing to notify the issuing agency of the violation. If the SMR contains
information that is pertinent to Billing, the information is passed on to the Billing
Department. The SAWPA Laboratory Report Review checklist includes items for
SMR review. Agencies shall ensure adequate review of SMRs and other reports
is performed to verify compliance and initiate enforcement actions.
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8.0 SAWPA DATA MANAGEMENT SYSTEM
SAWPA's Data Management System and the associated system specification and
operating procedures are located in the EnfoTech ipacs SOP Manual.
SAWPA Pretreatment Program personnel with access and assignments to view,
edit, maintain and manage the Data Management System shall be familiar with the
EnfoTech iPACS SOP Manual.
SAWPA and Agency staff shall maintain proficiency in the use of the SAWPA Data
Management System through a variety of training, self-study, and peer support
activities.
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9.0 ENFORCEMENT AND COMPLIANCE TRACKING
9.1 SAWPA Response to Non-Compliance
SAWPA has an approved ERP that outline progressive steps to resolve non-
compliances in collaboration with the Agencies. In addition, SAWPA and
Agencies may refer to the Enforcement SOP that provides supporting guidance
to implementing enforcement actions.
In accordance with the Section 7 of the 1991 MOU, OCSD may assume
enforcement duties against a discharger if SAWPA does not take appropriate
enforcement action acceptable to OCSD. This is interpreted to mean that
enforcement actions may not be acceptable if SAWPA deviates from the
approved ERP without documentation and justification acceptable to OCSD. The
ERP is periodically reviewed to determine if an update is required.
Specific protocols for enforcement actions by OCSD are provided in Section 7 of
the 1991 MOU.
9.2 Agency Response to Non-Compliance
All Agencies have adopted or incorporated SAWPA's ERP and as specified in
the Multijurisdictional Pretreatment Agreement (MJPA) between the Agencies
and SAWPA, the Agencies shall follow the ERP's progressive steps in resolving
non-compliance. It is established in the MJPA and the ERP that the Agencies
will initiate all minor violation actions and will delegate orjointly with SAWPA
implement major enforcement actions. In accordance with the existing MJPA,
SAWPA and OCSD have the authority to assume the lead enforcement agency
duties if an Agency does not follow the prescribed steps, or if their efforts do not
produce satisfactory compliance results.
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10.0 REPORTING
10.1 Reporting Overview
The 1991 MOU outlines SAWPA's reporting requirements (Section 5), including
communicating data and information on monitoring, inspection and enforcement
conducted or received by SAWPA. SAWPA will provide OCSD with data and
information upon request within a reasonable timeframe.
Reporting obligations are specifically listed in 1991 MOU Sections 5.A through
5.D as follows:
Monthly activity reports detailing the number and identification of new and
existing Permittees, inspections, enforcement actions, and monitoring data;
• Copies of Enforcement Correspondence;
• Monthly Flow and quality data for the discharge to the OCSD system at the
monitoring station located near the Orange County boundary line; and
Quarterly Report and Annual Report of summary of three items above.
One Semi-annual report is also provided each year for the time period July —
December. Additional reporting procedures by the Agencies to accomplish these
minimum requirements are also included in this section.
The following sections outline the procedures for reporting to comply with the
1991 MOU and any special data or information requests from OCSD or others.
10.2 General Reporting and Correspondence to OCSD
OCSD requires timely submittal of all Brine Line related Pretreatment Program
activities in order to remain up-to-date on Brine Line related program events and
to incorporate Brine Line information into OCSD's consolidated semi-annual and
annual reports required by OCSD's NPDES Permit. As such, SAWPA receives
monthly, quarterly, semi-annual, and annual reports from each Agency and
compiles this information with SAWPA specific information into an overall
SAWPA program report on a monthly, quarterly, semi-annual, and annual basis.
In addition, SAWPA completes a section of the OCSD Annual Report and
submits the information to OCSD with the SAWPA Program annual report. The
report due dates are provided in Table 10-1.
SAWPA requires that each Agency provide their reports prior to SAWPA's report
due date to OCSD to allow for report compilation, review and processing8.
e The information here is based on emails from Thomas E.Gaworski to Rich Haller on Jane 20,2012 and October 4,2012,
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Table 10-1. Pretreatment Report Re uirements and Due Dates
Report Period Type Date from Agency Date to QCSDA
to SAWPA from SAWPA
ul Monthly Au ust 24 September 1
u ust Monthl Se tember 24 October 1s
ul — Se tember 15 Quarterl October 24W November 15
ctober Monthly November 24 December 1s
November Monthly December 18 January 1s
ctober— December 2" Quarterly January 24 Februa 1
ul — December Semi-Annual Februa 13 Februa 20
JanuaryMonthlyFebrua 22" March 1s
February Monthly March 24 Aril 1
January— March 3 QuarterlyApril 24 Ma 1s
lkpril Monthly
May 24 June 1
May Monthly June 24 July 15
ril —June 4 Quarterl Jul 24 August 1'
July—June Annual September 13th September20th
The periodic Pretreatment Program reports from the Agencies to SAWPA and
from SAWPA to OCSD are certified to be accurate and factual using the
certification statement from 40 CFR 403.6(a)(2)(ii) as referenced in 40 CFR
403.12(1). A delegation letter from SAWPA's General Manager to OCSD
designating the Executive Manager of Engineering and Operations as an
acceptable duly authorized representative for SAWPA is on file with OCSD. The
General Manager or the Executive Manager of Engineering and Operations must
sign the reports. Signing "for" is not permissible.
In addition to the Pretreatment Program related reporting, flow and quality data
from the SAWPA Monitoring and Metering Station (SMMS) is provided to OCSD
(see Section 7.3). Any special monitoring is also reported to OCSD. In addition
to the periodic reports, MOD Section 5.13 requires that copies of enforcement
correspondence be provided; these documents (NOV and higher) are uploaded
to OCSD's SharePoint site. OCSD has requested that the SMR's associated
with Special Purpose Discharge Permits be provided to them. These SMR's are
provided via separate transmittal when received. In addition OCSD has
requested that the Master Permittee List be provided on a periodic basis by
uploading the document to SharePoint. Generally the updated list is provided in
March and September, upon completion of the contact list updates provided by
each Permittee as required in their Permit (due January and July).
MOD Section 10 requires notices and other communication to be in writing and
delivered in person, by electronic telecommunication or sent by registered mail,
etc. The 1996 Agreement Section 21, indicates all notices and communication
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shall be addressed to the General Manager (of OCSD or SAWPA) in writing and
shall be personally delivered or mailed registered or certified mail, return receipt
requested, and postage prepaid. Based on OCSD's verbal request, the primary
means of communication with OCSD is between OCSD's Source Control
Division and SAWPA's Executive Manager of Engineering and Operations or
Manager of Permitting and Pretreatment via email and by uploading of
documents via OCSD's SharePoint site.
The sections below describe the primary content of each of the reports provided
to OCSD.
10.2.1 Monthly Reports
MOU Section 5.A requires that SAWPA report on a monthly basis, the
number, and identification of new and existing Permittees, inspections,
enforcement actions, and monitoring data.9 Note that submittal of
monitoring data is not required by OCSD but can be made available upon
request or reinstituted at OCSD's request. Each Agency submits to
SAWPA a certified report containing the required information, including
any events or activities that occurred during the reporting period. The
overall monthly report is grouped by Agency with the SAWPA information
first and then the Agencies in alphabetical order.
The following content has been agreed upon between SAWPA and OCSD
for the monthly reports.
• SAWPA's cover letter may include a summary of events and activities
that occurred during the reporting period (e.g., Diversions, use of
temporary/emergency connections, and operational highlights (e.g., re-
lining, line cleaning, and special studies).
• Attachment tables with the reporting period and the corresponding
SAWPA and Agency involvement indicated.
• Attachment tables listing previous and current non-compliant industries
identified with basic facility information (e.g. address), the permit
number, permit expiration date, compliance status and a brief
description of the issue(s) and where the Permittee is in regard to
returning to compliance. A consistent set of compliance status codes
and legend to describe them is used.
• SAWPA includes a listing by Agency for all Permittees, including
LWHs, a description of the facility, the facility type as an SIU, CIU, IU,
or other, and all inspection information, not just for non-compliant Us.
Enforcement actions are summarized.
The requirements stated are based on"email from Thomas H.Gaworski to Rich Haller on June 20,2012.
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• Inspection summaries for the non-compliant industries include:
o Inspection Date
o Person contacted
o Inspector
o Inspection reason
o Inspection Type
o Narrative of what was done/discussed/required
• Violation and Enforcement Summary Report includes:
o Date of Non-compliance
o Dated Detected
o Date of Enforcement
o Violation Description
o Enforcement Action
o I Response Date
o I Response Details
o Compliance status/date
The monthly reports should include any unresolved non-compliance or
other action from the previous month until it has been resolved or
closed.
The required certification statement is included and signed by SAWPA.
In addition, less frequent but significant events and activities will be
included, such as any changes proposed or approved to this
Procedures document, the Ordinance, the Policy Manual, the ERP, or
Local Limits.
A monthly report is not required on the month that a Quarterly Report
is due (see Table 10-1).
A hard copy of the complete, compiled, monthly report is mailed to
OCSD. In addition, it is uploaded to the SAWPA Data Management
System and uploaded to the OCSD SharePoint site. A courtesy email
is provided to OCSD Source Control Division.
10.2.2 Quarterly Reports
In addition to the monthly report requirements listed above, the quarterly
reports are to include monitoring data listed by Permittee and by date.
Monitoring data for all dischargers includes:
• Date sampled
• Sample ID
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• Sample Type
• Sampling Party (Permittee or Delegated Control Authority)
• All Parameters
• Results (with units)
• Result Flags (analytical lab flags)
• Status (Compliance or Non Compliance)
• Permit Limits (Daily/Monthly)
All Permittees should be accounted for in the monitoring data. If a
Permittee did not have flow or monitoring for the reporting period, this
shall be annotated and explained.
Each Agency shall upload or enter the monitoring data for the Permittees
in their service area into the SAWPA Data Management System to
facilitate preparation of the quarterly reports.
There may be cases where the Permittee's monitoring data is not
available (lab analysis or lab report not finalized or delivered to
SAWPA/Agency) by the report due date. SAWPA/ Agencies will annotate
that the information is pending and will include the information in the next
quarterly report. This may also occur for self-monitoring BOD and TSS
data collected on a monthly basis. In many cases, required permit
information requested or self-monitoring samples collected during the third
month of the quarter may not be due from the Permittee until the following
month.
For quarterly reports, any unresolved violation from the previous quarter
should be continued and the status documented with corresponding
explanation. Similarly, any information and data pending in the current
quarter should be noted and included in the next and subsequent quarterly
report(s) until the violation has been resolved or closed.
A hard copy of the quarterly report is mailed to OCSD. In addition, it is
uploaded to SAWPA's Data Management System and uploaded to the
OCSD Share Point site. A courtesy email is provided to OCSD Source
Control Division.
10.2.3 Semi-Annual Report
The Semi-Annual report includes information from the monthly and
quarterly reports (i.e., Permittees, inspections, enforcement.), for the
period of July 1 through December 31. The monitoring information is not
included in the Semi-Annual Report. Information from the Agency's Semi-
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Annual reports is used to complete the text updates in the report outline
and format provided by OCSD.
The semi-annual reports should include a table/listing of any of the
following SAWPA and Agency events or activities that occurred during the
reporting period. These can be obtained from the monthly and quarterly
reports. However, the report writer should ensure that any
duplicates/carry overs are appropriately consolidated.
• Diversions
• Use of temporary/emergency connections
• Re-lining
• Line cleaning
• Special studies
• Other
10.2.4 Annual Report
The annual report contains all the information from the quarterly reports.
SAWPA generally submits the annual report to OCSD on September 20�
(plus or minus a couple of days if that date is on a weekend day). In
addition, 40 CFR 403.12 requires that the annual report include (SAWPA
substituted for POTW):
1. An updated list of the Industrial Users, including their names and
addresses or
a. A list of deletions and additions keyed to a previously submitted list.
A brief explanation of each deletion shall be provided.
b. This list shall identify which Industrial Users are subject to
categorical Pretreatment Standards and specify which Standards
are applicable to each Industrial User.
c. The list shall indicate which Industrial Users are subject to local
standards that are more stringent than the categorical Pretreatment
Standards.
d. SAWPA shall also list the Industrial Users that are subject only to
local requirements.
e. The list must also identify Industrial Users subject to categorical
Pretreatment Standards that are subject to reduced reporting
requirements under paragraph (e)(3), and identify which Industrial
Users are Non-Significant Categorical Industrial Users. (Not
Applicable to SAWPA)
2. A summary of the status of Industrial User compliance over the
reporting period;
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3. A summary of compliance and enforcement activities (including
inspections) conducted by SAWPA during the reporting period;
4. A summary of changes to SAWPA's pretreatment program that have
not been previously reported to the Approval Authority; and
5. Any other relevant information requested by the Approval Authority or
the Control Authority in accordance with the 1991 MOU and 1996
Agreement, including program budget and expenditure information
compiled by SAWPA that includes Agency budget data and
information.
The annual report is prepared per an outline and format provided by
OCSD. The overall listing in Item 1 is obtained from the listing in the
monthly reports. Information on new and terminated permits is included in
the annual report. The information relative to items b, c and d, must be
generated for the annual report. Item a is not applicable to any of the
SAWPA or Agency Permittees.
Items 2 and 3 are covered by the monthly, quarterly, and semi-annual
information, as long as the information is consolidated and summarized.
Item 4 is covered by the summary of activities included in the monthly,
quarterly, and semi-annual reports, as long as the information is
consolidated and summarized.
Item 5 typically includes the SNC publication.
In the future, the report will be at least partially generated from the
SAWPA Data Management System and streamline the process described
above.
10.2.5 Orange County Line, Meter 5-01 Data or SAWPA Monitoring and
Metering Station (SMMS)
MOU Section 5.0 requires that SAWPA report monthly flow and quality
data from "the monitoring station located near the Orange County
boundary line." SAWPA and OCSD have an agreement that this
information is to be provided on a quarterly basis. As of November 2013,
this is the Orange County Line, Meter 5-01 monitoring point. The location
has been modified over the years for a variety of reasons and from here
on will be generally called the SAWPA Monitoring and Metering Station
(SMMS). This information is provided separately from the Pretreatment
Reports. The SMMS information is submitted via email as soon as the
data is available at the end of each quarter. This report is not certified. In
the future this report is likely to be generated from the SAWPA Data
Management System.
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10.2.6 Special Monitoring Reporting
If SAWPA or any Agency undertakes any special study or monitoring
related to Brine Line operation, SAWPA will notify OCSD at least five (5)
days prior to the start of the study and provide the results of the special
study or monitoring to OCSD within thirty (30) days of the availability of the
final report.
Occasionally, SAWPA and/or an Agency may collect additional constituent
or pollutant data from Permittees that is related to an operational or
maintenance issue related to the Brine Line and/or OCSD's POTW. This
data may be reported as part of the discharger's compliance sampling
record or separately depending on the nature of the study and the type of
constituent.
Accelerated or supplemental Permittee compliance monitoring conducted
in addition to routine Delegated Control Authority monitoring related to an
investigation is managed in the same manner as routine compliance
monitoring. One example of an exception may be an investigation
conducted under a search warrant in collaboration with other investigative
agencies. In such case, the data and information may be considered
evidence and not subject to disclosure until released by the investigating
agency. In such case, parties including OCSD may be informed by the
investigating agency at its discretion. The data and information from these
cases is likely to be included in the SAWPA report(s) once available for
public release.
10.2.7 Enforcement Correspondence
MOU Section 5.B requires that copies of enforcement correspondence be
provided to OCSD. The information is conveyed via the OCSD
SharePoint site. The initial enforcement correspondence (Correction
Notice and higher) and any resolution documents will be uploaded to the
OCSD SharePoint site. It should be noted that informal enforcement (e.g.,
warning letters) may not have specific response or resolution response
letter requirement depending on the nature of the violation or deficiency.
There is no need to routinely include copies of enforcement in the periodic
reports. Copies of all the associated enforcement correspondence is
maintained with the issuing Agency and the SAWPA OnBase document
management system and eventually as part of the SAWPA Data
Management System. If additional information is desired, OCSD will
make a request of SAWPA.
The Agencies are responsible for importing lower level enforcement
correspondence to OnBase and SAWPA will then transfer the pertinent
information to OCSD's SharePoint site. The expectation is that within five
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(5) business days of the issuance of this type of correspondence, it will be
imported to the OCSD Share Point site. If OCSD requests additional
correspondence, it will be provided in a similar manner (i.e., Agency will
import to OnBase if not already there, SAWPA will upload to OCSD
SharePoint).
10.2.8 Master Permittee List
SAWPA maintains a Master Permittee List which contains pertinent
information on the permit holder, permit expiration, site contacts,
insurance for LWHs, etc. It is used to manage the timing of the permit
process, communications, etc. Maintaining current information is important
and updates are required when contact information is received from
Permittees in January and July each year and a new permit or
amendment is issued. The electronic file is located in OnBase and is
updated by SAWPA periodically. The Master Permittee List file is
uploaded to OCSD's Share Point site at least twice per year
(approximately in March and September), or as necessary.
10.3 Reporting from Agencies and Other Entities to SAWPA
SAWPA requires that the Agencies provide a certified report to SAWPA
containing the same information that is required to be submitted by SAWPA to
OCSD. SAWPA has on file, delegation letters for each of the Agencies.
For Billing purposes additional information is submitted to SAWPA separate from
the pretreatment reports. This includes individual load summaries from the
collection stations.
10.4 Public Notice of SNC
SAWPA is required to public annually publish a list of all IUs who are in SNC at
any time during the previous twelve (12) month reporting period (40 CFR
403.8(f)(2)(viii). The term Significant Noncompliance or SNC is included in the
Ordinance No. 7 and is applicable to all Significant Industrial Users (SIUs) or any
other IU that violates paragraph 3, 4, or 9 of the SNC definition. See the definition
of SNC in Section 2 for details.
SAWPA (for the Permits it issues under single signature) and the Agencies (for
the Permits issued under dual signature) shall evaluate the SNC status on a
quarterly basis and included in the quarterly reports to SAWPA.
SAWPA is responsible for verifying the SNC determination and leading and
coordinating with the lead Agency the resolution of non-compliance by the
Permittee. The implementation of the SAWPA Data Management System will
facilitate the management, communication and tracking of SNC.
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SAWPA's publication of the SNC notice should be completed in a timely manner
following completion of the annual report. A copy of the published notice is to be
included in the Pretreatment Program Annual Report, which is due to OCSD by
September 20 of each year (unless a revised deadline acceptable to SAWPA is
requested by OCSD). In accordance with 40 CFR 403, the public notice should
be published in the newspaper with the largest daily circulation in the area served
by the particular IU.
Information in the publication must include the following:
1. Name of IU in SNC
2. Type of criteria causing the SNC classification
3. Duration of SNC
4. Current status of the IU
The notice should be sufficient for the general public to identify significant
violators and the type of violations experienced. In addition, the publication
should include contact information for the public to obtain further details.
10.5 Other Notification to the Public
Other notifications to the public are generally issued when they impact the
Permittee or Permittee's permit conditions or requirements. Examples include
revisions to the Ordinance or Local Limits that include a public notice and an
opportunity for the public, including Permittees, to comment in accordance with
SAWPA Commission Policies and Procedures.
10.6 Notification and Reporting by IUs
Pursuant to 40 CFR 403.12, Us are required to provide written notification of any
waste discharges to the Publicly Owned Treatment Works (POTW), including the
Brine Line, that if disposed of, would be considered a hazardous waste under 40
CFR 261. The notification requirement is included in all Permits.
Numerous other reporting and notification requirements are included in the
Ordinance and in discharge permits, including spills, slug discharges, bypass,
etc. Please refer to SAWPA's Ordinance and permit templates for the latest
notification requirements applicable to Permittees.
10.7 Special Reporting — Load Rejection at Collection Station
Inspection and sampling at a Collection Station may result in a load being
rejected by the Agency. This action may result in the Agency issuing an
enforcement action and prompts a system-wide notification to all agencies and
Collection Stations to prevent disposal of the rejected load in the SAWPA service
area.
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11 .0 DOCUMENT MANAGEMENT
11.1 Records Retention
Retention of files for a minimum of three (3) years is required by 40 CFR
403.12(o)(2), unless extended by enforcement or legal action. SAWPA records,
files, etc. are retained in accordance with SAWPA's record retention policy.
SAWPA, in general, maintains electronic copies of the Pretreatment files and
does not purge the electronic files. The Agencies are required to retain records
in accordance with 40 CFR 403 and SAWPA's Ordinance as adopted by the
Agencies.
The three-year record retention policy applies to any evidence of review/approval
of documents by OCSD. SAWPA is responsible for retention of the evidence for
all issued Permits and related documents and the Agencies are responsible for
retention of the evidence for Agency prepared Permits and documents. This
record retention does not apply to draft or working copies of documents.
Additional details regarding record retention requirements are found in Ordinance
sections 501.0.1 and 504.0. Section 501.0.1 describes the requirement for IUs to
retain self-monitoring records for three (3) years unless extended during litigation
at the direction of the General Manager. Section 504.0 describes the required
records retention for all other documents including monitoring by all IUs for three
(3)years, unless records are part of litigation.
11.2 Policy and Procedures Manual Modifications
SAWPA reviews the Policy and Procedures Manuals at least annually to ensure
the information is current. If the review indicates that changes are needed, the
changes are drafted and submitted for review and approval.
Major changes will be communicated to each Agency for their input and
comments prior to being finalized and approved by SAWPA. The Agencies shall
provide timely input and recommendations for changes to SAWPA's Policy and
Procedures document to support effective and efficient implementation of the
Pretreatment Program.
All changes identified during the course of the year will be tracked and
documented by SAWPA's Manager of Permitting and Pretreatment. Any critical
or urgent changes that impact the operation and compliance of SAWPA's
Pretreatment Program (e.g., regulatory changes) will be communicated in writing
by SAWPA to the Agencies in a timely manner and implemented as directed by
SAWPA. The changes will then be transferred to the Policy and/or Procedures
documents, as needed, during the annual revision period.
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SAWPA will provide updates to OCSD on the changes to the Policy and
Procedures manual and an opportunity for input and comments as appropriate.
SAWPA reserves the right to incorporate OCSD's comments at its discretion.
OCSD will be informed of the revision activities through routine coordination
meetings (generally held on a quarterly basis) and formally through the quarterly
program update reports unless SAWPA determines that more expedited
communication is necessary. Communications follow the established procedures
described in Section 12.2.
Upon completion of the revisions, SAWPA will re-distribute the new pages or
sections to all Pretreatment Program staff for implementation by SAWPA and the
Agencies.
Minor modifications to the Policy Manual shall be reviewed and approved by
SAWPA's General Manager. Examples include typographical errors, clarification
language of existing policies, etc. Major modifications to the Policy Manual
require review by the General Manager and approval by SAWPA's Commission.
Major modifications include policy changes that increase or decrease financial
resource needs. In all cases, Policy Manual changes are initiated and discussed
by the Pretreatment Management Team.
Modifications to the Procedures document are initiated by the Manager of
Permitting and Pretreatment, reviewed and approved by the Executive Manager
of Engineering & Operations and/or the General Manager.
Additional information regarding SAWPA's Change Management practices is
found in Section 12.7.
11.3 Enforcement Response Plan Updates
SAWPA's ERP will be reviewed every two (2) years to ensure that information is
current. Major changes will be communicated to the Agencies for their input prior
to submitting to OCSD for review and comments in accordance with the 1991
MOU. The bi-annual review will be tracked by a memo to file, beginning in 2014.
The Agencies are required to provide recommendations to SAWPA of any
required changes that affect or may improve the implementation of enforcement
activities. The ERP is considered part of the Policy Manual and updates are
managed as noted above. Additional SOPS providing additional guidance may be
prepared or available, as needed.
11.4 Multijurisdictional Pretreatment Agreement, Ordinance and Local
Limits Updates
Refer to Section 4.2, 4.3, and 4.4 in this document for the details of the
Multijurisdictional Pretreatment Agreement, Ordinance, and Local Limits updates.
Revisions to these documents should trigger a review of the impacts to this
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document, the ERP, and any additional SOPs. If no changes to the Procedures
are required, a memo to file should be written stating that the review has been
performed.
11.5 Records Management
11.5.1 Wastewater Discharge Permits
SAWPA maintains electronic files for all SAWPA Wastewater Discharge
Permits and Special Purpose Permits issued to dischargers. The
electronic files associated with SAWPA permits are maintained in
OnBase. Historical Permits, applications etc. are designated as inactive in
OnBase. In the future, the permit records and files will be managed
primarily through the SAWPA Data Management System. Hardoopies of
files (duplicates of the electronic files) will be maintained by SAWPA and
the Agencies at their discretion. The Permittee file is generally organized
as follows:
1. The Permit Name is used as the primary file name.
a. Document Types (subfolders) are included for the following:
2. Permit, Permit Amendments, and OCSD Permit Review
Documentation. The 1991 MOU requires that OCSD review and
concur or provide comments on all SAWPA permits prior to issuance.
The Permit Review and Concurrence documentation is maintained
within the Permit tab or sub-folder. Associated correspondence may
include emails or letter providing permit comments and comment
resolution between SAWPA and OCSD, and SAWPA and the Agency.
3. Permit Fact Sheet.
4. Inspection Reports.
5. Enforcement. Includes all correspondence and documentation
associated with violations.
6. Correspondence and Miscellaneous. Correspondence includes e-
mail messages, telephone notes, written correspondence, etc.
Miscellaneous includes all reports delivered or submitted (i.e., BMR,
RCRA information; Facility Waste Management Plan; Slug Load
Control Plans; BMP plans, etc.).
7. Permit Application. The completed and signed application with all
supporting documentation.
The following documentation may also be included in the file as
appropriate but is anticipated to be primarily managed through
SAW PA's Data Management System:
8. Monitoring Data. Includes all laboratory analytical sheets including
QA/QC and chain of custody records; flow monitoring reports;
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complete Self-Monitoring Reports; Delegated Control Authority
monitoring laboratory reports.
The Permittee hardcopy folder and electronic files are kept as up to
date as possible. In general, items should be filed within five (5)
business days of receipt of task completion.
Historical information (e.g., initial application, BMR reports,
applications, monitoring data, and previous permits) is kept in the
same file if it is relatively recent or current information, or may be
transferred to an archived folder.
11.5.2 Liquid Hauler Permits
SAWPA maintains electronic files for all SAWPA Liquid Waste Hauler
Permits by Permittee. The electronic files associated with these permits
are maintained in OnBase. Historical Permits, applications etc. are
designated as inactive in OnBase. The Permittee file is organized as
follows:
1. Permit, Permit Amendments and OCSD Permit Review
Documentation. The 1991 MOU requires that OCSD review and
concur or provide comments on all SAWPA permits prior to issuance.
The Permit Review and Concurrence documentation is maintained
within the Permit tab or sub-folder. Associated correspondence may
include emails or letter providing permit comments and comment
resolution between SAWPA and OCSD, and SAWPA and the Agency.
2. Insurance Certificate.
3. Enforcement. Includes all correspondence and documentation
associated with violations.
4. Permit Application. The completed and signed application with all
supporting documentation.
5. Correspondence and Miscellaneous. Correspondence includes e-
mail messages, telephone notes, written correspondence, etc.
Miscellaneous includes all reports delivered or submitted.
The following documentation may also be included in the file as
appropriate but is anticipated to be primarily managed through
SAWPA's Data Management System:
1. Inspection Reports.
2. Monitoring Data. Includes all laboratory analytical sheets including
QA/QC and chain of custody records; flow monitoring reports;
complete Self-Monitoring Reports; Delegated Control Authority
monitoring laboratory reports.
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The hardcopy and electronic files are to be kept as up to date as
possible. In general, items should be filed within five (5) business days
of receipt or task completion.
11.5.3 Agency Originated Permits
The SAWPA documentation associated with permits originated by the
Agencies are kept electronically in the SAWPA Data Management
System. Hardcopy files are at the Agency's discretion. This includes any
permit preparation and review documentation, any enforcement
correspondence received from the Agency, Permits and the associated
Fact Sheets. These files are kept electronically by Permittee in OnBase or
the Agency's comparable system as a back-up, if needed.
11.5.4 Program Documentation
The current version of this document and the other Pretreatment
Documents are maintained electronically. Because changes to the Policy
Manual, ERP, Ordinance, Local Limits, MJPA, and MOU require
Commission approval, the documentation associated with these
documents is maintained in the Commission files. The Agencies are
required to maintain similar documentation for their program
documentation.
11.5.5 OCSD Correspondence
The files associated with interaction between OCSD and SAWPA are
maintained electronically. The interactions relative to individual permits or
program documents are maintained with the permit/program
documentation. Interactions with respect to the Local Limits, MOUs, or
Ordinance are maintained with the associated Commission documents.
The files are indexed in OnBase such that OCSD Pretreatment associated
correspondence (other than review of Permits/Program Documents),
reports to OCSD, OCSD Program Documents (OCSD Ordinance, EMS,
NPDES Permit), and OCSD sponsored Program Audits can be easily
retrieved and viewed.
11.5.6 Pretreatment Program Databases
The SAWPA Brine Line Data Managements System is described in
Section 8 and has its corresponding user manuals.
The Agencies are required to access and maintain all SAWPA permit-
related information, data and records in the SAWPA Data Management
System. Agencies may have available or use other data management
tools to compliment the management of the SAWPA Pretreatment
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Program, but may not use them in lieu of the SAWPA Data Management
System.
11.5.7 Monitoring Data Files
Flow and water quality data is maintained in the SAWPA Data
Management System.
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// Procedures
12.0 PROGRAM MANAGEMENT
The purpose of this section is to provide a framework that ensures that adequate
resources (personnel, equipment, and financial) are available to support the SAWPA
Pretreatment Program.
12.1 Program Oversight and Quality Control
SAWPA is responsible for the successful implementation of the Pretreatment
Program and serves as the Delegated Control Authority. SAWPA is assisted in
the implementation of program requirements by the Agencies as defined in the
Multi-jurisdictional Pretreatment Agreements. SAWPA directly performs program
activities for agency owned facilities and provides oversight and management of
agency activities. Further, program documents will undergo a review as part of a
QA/QC process. Program activities such as sample collection and inspections
will be periodically reviewed for conformance with program policies and
procedures to confirm standard procedures are implemented when directed.
12.2 Program Communications
SAWPA will coordinate activities among the agencies and facilitate
communications through periodic conference calls and meetings of the
Pretreatment Program Team. Communications with OCSD will be channeled
through SAWPA. Agencies are discouraged from communicating directly with
OCSD regarding Pretreatment Program day-to-day operations and
implementation issues. SAWPA is available to the Agencies to facilitate and
resolve issues, and if they require OCSD input, SAWPA will initiate and provide
the lead. Emergency communications will be as specified in the discharger's
permit and Agencies may have to communicate with OCSD in these cases to
minimize any damage to facilities, including OCSD's POTW, health and safety,
etc.
As noted in the SAWPA Policy Manual, effective communication between
SAWPA and Member/Contract Agencies is managed through a variety of
methods to accomplish the Pretreatment Program's goals and comply with 40
CFR 403, the 1991 MOU, MJPA and other agreements and requirements.
Similarly, effective communication is important in the implementation of the 1991
MOU between SAWPA and OCSD.
Communication between individuals conducting day-to-day operation,
implementation and management of the Pretreatment Program takes place via
phone call, email, and other written correspondence (e.g. technical memos).
SAWPA and Member/Contract Agencies shall record formal decisions and
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through program forms and reports (e.g. inspections, compliance actions, and
enforcement).
SAWPA has established two formal working groups composed of staff from
SAWPA and the Member/Contract Agencies to facilitate communication, the
exchange of information, to discuss program issues, challenges, improvements
and other actions, and make decisions to resolve or correct action items. The
Pretreatment Management Team is scheduled to meet quarterly or more
frequently, if needed, to discuss management level items. Examples include
policies, staffing, budget, compliance, audits, etc.
The Pretreatment Program Working Group are planned to take place on a
quarterly basis or more often if needed to facilitate coordination and
communication including the identification of problem areas, action items,
identification of modifications to procedures or documents, annual reporting
coordination, the formation of task teams and other related activities, etc. OCSD
has requested participation in the Pretreatment Working Group meetings.
The Pretreatment Management Team and the Pretreatment Program Working
Group may identify the need for a task team to complete specific action items.
Either group will select members of the task team and define the task, schedule,
and resources. Examples of task team activities include development or revision
of SOPs, forms, evaluating or developing training, etc.
SAWPA's Management Team will meet with OCSD representatives from the
Source Control Division on a quarterly basis, or more often if needed, to share
information and define any areas of concern for resolution. OCSD attendance
and participation in regularly scheduled SAWPA meetings will take place to
facilitate communication and effective program implementation, as needed.
The SAWPA Team organizational charts are provided in Appendix 12-1.
12.3 SAWPA Audit of Agency Programs
SAWPA will conduct once every two years or at a frequency it deems necessary
an audit of the Agencies to evaluate compliance with 40 CFR, Part 403,
SAWPA's Ordinance, Pretreatment Program Policies, Procedures Document and
ERP. SAWPA will issue a written record of the audit and its findings. Upon
issuance, Agencies shall respond to the audit findings and take any corrective
actions necessary to remedy any deficiencies found during the audit and
implement proactive measures to prevent a recurrence. For any longer duration
corrective action (over 90 days), a Corrective Action Plan shall be used to
establish and track interim milestones to meet the overall corrective action
schedule. At SAWPA's discretion, additional Agency audits or inspections may
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be conducted to evaluate any component or activity of the Pretreatment Program
performed by Agency.
Agency audits are documented by SAWPA and/or its agents. Prior to conducting
an Agency audit, a general Audit Plan is prepared. Because SAWPA and OCSD
review the technical merit or quality of the permits issued and amendments, and
the related program documents prior to issuance, the audits do not have a
detailed focus on these aspects of the Agencies' program. The scope of a
SAWPA conducted Agency audit includes some or all of the following:
• A review of the Agency's files for completeness (including consistency
between permit applications, permits, and fact sheets). This can be
accomplished by the auditor selecting a sampling of the permits issued in the
last six (6) months.
• A review of the Agency's governing documents (Ordinance, Local Limits,
Program Document, and ERP) for compliance with regulations as well as to
ensure that changes have not been made without proper SAWPA and OCSD
review or input.
• A review of the supporting documentation for reports submitted to SAWPA for
a select sample of Permittees (including review of a monitoring data and
inspection reports).
• Compliance with frequency and timeliness of permit processing, and permit
renewals
• Review of Sampling Procedures and Contracts
• A review of inspection and monitoring frequencies against the minimum
frequencies stated in this manual and in the permit for a select sampling of
Permittees.
• Compliance with ERP for enforcement actions (appropriate level, appropriate
response times).
• Compliance with IU notification requirements.
• Review of Agency IWS as it relates to ensuring that dischargers to the Brine
Line are permitted. Especially applicable to JCSD's laterals.
• Issues with Brine Line operation that may be caused by interferences,
collection system problems, illicit dumping, or worker health.
• Interface with other Agencies within the audited service area.
• Funding and personnel; are they adequate for the program.
• Training of personnel and availability of equipment.
• Typically SAWPA will conduct a joint inspection of a facility with the Agency.
• Discussion of current issues.
Because SAWPA reviews all Agency generated permits, a detailed review of the
permits and associated fact sheets is not required, however during the audit file
and record management may be reviewed.
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The audits are communicated in advance to better coordinate the visit and to
minimize disruption of the Agency's staff and program activities.
The results of the audit are communicated with the Agency and any areas for
improvement are identified with a timeline for completion, if needed. Follow-up
audits may be conducted if appropriate to verify completion of the action items or
resolution of any deficiencies.
12.4 OCSD Audit of SAWPA Program
OCSD will conduct periodic audits of the SAWPA Pretreatment Program
potentially timed to occur prior to an EPA audit.
12.5 Personnel Resources
12.5.1 Organization
The number of staff needed to manage the SAWPA Pretreatment
Program varies depending on several factors including size of the system,
number of Permitted Users, the number of Significant Industrial Users
(SIUs), number of industries sampled, and whether the Permitted Users or
the Delegated Control Authority performs the routine sampling. The
Agencies are responsible for providing the required personnel to support
the Pretreatment Program within the Agency service area. SAWPA may
augment staffing resource for specific tasks or assignments through
consultants. SAWPA provides all management oversight, leadership, and
administrative support for the Pretreatment Program led by the Manager
of Permitting and Pretreatment.
The current FTE (Full Time Equivalent) employees dedicated to the
Pretreatment Program are shown in Appendix 12-1. In addition to the FTE
employees assigned directly to the Pretreatment Program, SAWPA's
organizational structure includes several employees who provide support
to the Pretreatment Program on a defined basis. These include personnel
in the Engineering and Operations departments, the Executive Manager of
Engineering & Operations, administrative staff, and SAWPA's Attorney.
Laboratory services and sampling services are contracted. In general, the
Executive Manager of Engineering and Operations provides technical
review of Pretreatment Program related final products generated by
SAWPA.
The FTE salary/fees and expenses are part of SAWPA's budget and will
be financed as described in the cost recovery system. The Agencies are
responsible for financing their required FTEs.
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12.5.2 Staff Minimum Qualifications and Training
Staff Minimum Qualifications
This section describes SAWPA program-wide minimum qualification goals
for staff. Agencies are highly encouraged to take the minimum
qualifications into account in their hiring practices in order to achieve the
most qualified team of professionals. A summary of the minimum
qualifications is provided in Appendix 12-2. SAWPA will review at least
annually all staff working on the SAWPA Pretreatment Program, including
the Agencies, against the minimum qualifications listed below. If staff is
found to not meet the minimum qualifications, a corrective plan will be
prepared and implemented with a goal of 1 year to resolve any deficiency.
Education requirements may be offset by additional years of experience or
higher certification levels. Years of experience may be offset by higher
education. "In-Training" Staff is a recommended pathway for new staff to
become fully qualified for Brine Line role until minimum qualifications are
met; in these cases work is performed under direction of a fully qualified
person.
Inspector (Level I. Level 11) - Education requirements may be offset by
additional years of experience or higher certification levels. Years of
experience may be offset by higher education.
• Education: High school diploma or equivalent (Level 1) supplemented
by college level course work in chemistry, environmental science,
wastewater treatment, computer science or similar (Level 11)
• Experience/Certification: (Level 1) CWEA Environmental Compliance
Inspector Grade 1 or 2 years experience in environmental compliance
or work under the direct supervision of a fully qualified Inspector;
obtain Grade 1 certification within 1 year. (Level 11) CWEA
Environmental Compliance Inspector Grade 2 and 2 years experience
in environmental compliance.
• Duties: conducts inspections of industrial facilities to ensure
compliance with SAWPA's Pretreatment Program and all applicable
regulations. Performs industrial site inspections and prepares
inspection reports.
• Qualifications: knowledge of applicable federal, state, local water,
wastewater, and safety laws, regulations, and standards. Knowledge of
manufacturing processes as sources of industrial waste and their
effects on the wastewater treatment processes.
• Skills: Ability to prepare concise records, read and interpret drawings,
technical manuals, etc.,
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Fr Procedures
• Supervisor assessment - supervisor determines if qualified based
upon a combination of documented education and experience, and
direct observation of field performance.
Sampler - Education requirements may be offset by additional years of
experience or higher certification levels. Years of experience may be
offset by higher education.
• Education: High school diploma or equivalent (Level 1) supplemented
by college level course work in chemistry, environmental science,
wastewater treatment, computer science or similar (Level II)
• Experience/Certification: (Level 1) CWEA Environmental Compliance
Inspector Grade 1 or 2 years experience in environmental compliance
or work under the direct supervision of a fully qualified sampler; obtain
Grade 1 certification within 1 year. (Level 11) CWEA Environmental
Compliance Inspector Grade 2 and 2 years experience in
environmental compliance.
• Duties: conducts sampling of industrial facilities to ensure compliance
with SAWPA's Pretreatment Program and all applicable regulations.
Collects wastewater samples for lab and field testing, preserves
samples, performs Feld testing, and prepares documentation including
Chain of Custody.
• Qualifications: knowledge of applicable federal, state, local water,
wastewater, and safety laws, regulations, and standards. Knowledge of
manufacturing processes as sources of industrial waste and their
effects on the wastewater treatment processes.
• Skills: Ability to prepare concise records, read and interpret drawings,
technical manuals, etc.,
• Supervisor assessment - supervisor determines if qualified based
upon a combination of documented education and experience, and
direct observation of field performance.
Analyst - Education requirements may be offset by additional years of
experience or higher certification levels. Years of experience may be
offset by higher education.
• Education: High school diploma or equivalent supplemented by
college level course work in chemistry, environmental science,
wastewater treatment, computer science or similar
• Experience/Certification: 1 year experience as an analyst or work
under the direct supervision of a fully qualified analyst.
• Duties: analyzes PTP data, evaluates, make conclusions about
compliance with pretreatment regulations. Prepares PTP reports.
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• Qualifications: knowledge of applicable federal, state, local water,
wastewater, and safety laws, regulations, and standards. Knowledge of
manufacturing processes as sources of industrial waste and their
effects on the wastewater treatment processes. Knowledge of local
limits and categorical limits, permit requirements, sampling, CoC
forms, lab reports. Stays informed of changes to regulations and
requirements and implements changes.
• Skills: Ability to understand and use pretreatment program software
for analysis of water quality data. Ability to identify issues and propose
courses of action upon review of the ERP.
• Supervisor assessment - supervisor determines if qualified based
upon a combination of documented education and experience, and
direct review of completed work (draft permits)
Permit Writer Education requirements may be offset by additional years of
experience or higher certification levels. Years of experience may be
offset by higher education.
• Education: BA/BS Degree in Science, Environmental Science,
Engineering or similar field
• Experience/Certification: 1 year experience as a permit writer
• Duties: performs pre-permit inspections, reviews applications,
prepares Permit Fact Sheets and Permits for review. Reviews and
analyzes EPA regulations and reports for their impact on SAWPA.
Remains informed of major wastewater pretreatment issues and
regulations.
• Qualifications: knowledge of applicable federal, state, local water,
wastewater, and safety laws, regulations, and standards. Knowledge of
manufacturing processes as sources of industrial waste and their
effects on the wastewater treatment processes.
• Skills: Ability to prepare concise documents, read and interpret
drawings, technical manuals, etc.,
• Supervisor assessment - supervisor determines if qualified based
upon a combination of documented education and experience, and
direct review of documents prepared.
Manager of Permitting and Pretreatment (SAWPA. Agencies) - Education
requirements may be offset by additional years of experience or higher
certification levels. Years of experience may be offset by higher education.
• Education: BA/BS Degree in Science, Environmental Science,
Engineering or similar field (preferred) or college level course work in
chemistry, environmental science, wastewater treatment, computer
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science or similar (minimum) or additional years of Pretreatment
Program experience
• Experience/Certification: 5 years experience in pretreatment or
possession of a CWEA Environmental Compliance Inspector Grade III.
• Duties: directs the completion of Pretreatment Program activities:
Permitting, inspections, monitoring, enforcement, reporting. Manages
the activities of pretreatment staff. Performs work directly as required
to meet program needs. Reviews performance of work and completed
documents. Develops an annual work plan and budget input for
required resources. Coordinates with SAWPA's Manager of Permitting
and Pretreatment.
• Qualifications: knowledge of applicable federal, state, local water,
wastewater, and safety laws, regulations, and standards. Knowledge of
manufacturing processes as sources of industrial waste and their
effects on the wastewater treatment processes. Knowledge of program
requirements (40CFR403, program documents, etc.) and how to
complete the requirements.
• Skills: Ability to supervise staff in the conduct of pretreatment
activities. Ability to coordinate with permittees for routine and non-
routine matters.
• Supervisor assessment - supervisor determines if qualified based
upon a combination of documented education and experience, and
direct review of documents
Senior Management
Complete initial and recurring training as described below.
Training
Initial training - all personnel shall complete, within 6 months, the following
(1) EPA on-line webinar training courses: Introduction to the National
Pretreatment Program plus additional courses as applicable to the position
htti)://cfi)ub.ei)a.gov/nodes/pretreatment/pretreattraining.cfm and (2)
SAWPA pretreatment program specific training consisting of overview,
plus additional training specific to the applicable position.
Recurring Training is comprised of the following: (1) Training as required
for CWEA certification. Emphasis will be placed on cross-training among
the agencies. Training can be conducted as joint agency training to
maximize efficiency and quality; training events will be documented
including course content and attendees. (2) SAWPA pretreatment
program specific refresher training as required but at least every 18
months; consists of changes to regulations, program changes, results of
QA/QC reviews and audits, etc.
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It is imperative that Pretreatment Program Staff personnel be kept
informed at all times about existing, recently promulgated, and proposed
standards. Personnel may attend training throughout the year, such as
CWEA meetings and workshops to learn of any new regulations, methods,
and requirements. In addition, qualifications of consultants and vendors
are reviewed to ensure that they have adequate training/background.
In addition to formal training, personnel are encouraged to review any
changes to Title 40 CFR regulations and changes to OCSD pretreatment
related documents. SAWPA will provide periodic notices of changes to
agency pretreatment personnel.
SAWPA and Agency staff shall maintain proficiency in the use of the
SAWPA Data Management System. Training shall be conducted to
maintain proficiency as needed. A variety of methods can be used to
improve or increase proficiency including peer one-on-one training, the
self-study of the User's Manual, technical notices from SAWPA regarding
changes to the system, upgrades or other improvements, and periodic
organized training sessions lead by SAWPA and/or the software
developer, as needed.
12.6 Pretreatment Program Equipment
SAWPA contracts monitoring and laboratory services. Within those contracts is
the requirement to provide adequate equipment to perform the procured
services. The agencies (except Valley) perform monitoring. Valley contracts for
the collection of samples, currently contracting with WMWD. Laboratory services
are contracted except EMWD and IEUA which have their own labs.
12.7 Financial
12.7.1 Budget
At such time when SAWPA's overall budget is being prepared, the needs
for the Pretreatment Program are considered by the Executive Manager of
Engineering & Operations and presented to the Commission for approval.
The budget includes personnel costs, contracted services, and
equipment/material needs.
12.7.2 Cost Recovery System
It is the SAWPA's policy to assess all costs of the collection and treatment
of wastewater to all users in an equitable way. This includes costs
incurred by the Pretreatment Program. Refer to Ordinance No. 7, Section
304. Charges and fees include:
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• Operation and Maintenance Costs or User Charges
• Liquid Waste Hauler User Charges
• Waste water Discharge Permit Fees and Non-Compliance Charges
• Special Purpose Discharge Permit Charges.
In addition, Ordinance No. 7, Section 304, provides the means for SAWPA
to recover costs by adopting a resolution for such costs as:
• Developing, implementing and operating the Pretreatment Program
• Monitoring, inspection, surveillance and laboratory costs
• Reviewing Plans and construction inspections
• Wastewater discharge Permit application review
• Wastewater discharge Permit issuance
• Noncompliance and enforcement
• Wastewater Discharge Permits.
The User Fees are described in Resolution 2013-005 or successor
thereto. In addition to the User Fees, direct dischargers have to purchase
treatment and disposal capacity rights. These fees are described in
Resolution 2011-11 or successor thereto.
12.8 Change Management
Changes will be proposed, discussed and finalized through the Pretreatment
Program Working Group that allows for participation by all SAWPA Pretreatment
Program staff from all the Agencies. Changes may also originate externally from
OCSD based on changes in the agency's Ordinance, NPDES permit and
improvements in their program that may need to be reflected in SAWPA's
policies and/or procedures. Change is used here to mean modifications,
deletions and additions to the program components and activities.
Changes in SAWPA program documents may include:
• The Multijurisdictional Pretreatment Agreement
• SAWPA's Policy Manual
• SAWPA's Ordinance
• SAWPA's ERP
• SAWPA's Procedures document
• Standard Operating Procedures, as applicable
The SAWPA Manager of Permitting and Pretreatment will lead the compilation
and tracking of all proposed program document changes.
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Proposed changes will be discussed with the Pretreatment Management Team to
determine the approach, content, direction, resources, schedule and any other
issues related to the proposed document change. SAWPA's Manager of
Permitting and Pretreatment will lead the effort unless otherwise agreed upon by
the Pretreatment Management Team. The Pretreatment Management Team may
elect to designate a working group to prepare the draft changes and return
recommendations to the Pretreatment Management Team. The process to
effectively implement change management may vary depending on the issue, but
in general will go through the required and necessary peer, upper management
review, public input and Commission approval as required. For example,
Ordinance modifications and other Commission-approved documents require
public notification and input steps.
Minor changes to program documents may only require SAWPA General
Manager approval such as the Procedures document, but may be directed to
Agency General Managers for input and concurrence prior to being finalized at
the discretion of SAWPA's General Manager.
Approved changes to the Procedures document will be tracked through a
document revision notation process consisting of a log of changes, revision date
noted on the page footer for the pages with the effective changes. The log and
changed pages will be distributed to the Agencies. The latest version of the
document will be maintained on OnBase or comparable document management
system so it can be readily accessed.
Other documents, such as the Ordinance and Commission approved documents
are generally tracked by adoption of Resolutions or other formal Commission
adoption or approval mechanism. Changes will be documented in detail as part
of the Staff Report provided to the SAWPA Commission.
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Appendix 1 -1
1991 Memorandum of
Understanding
SAWPA Pretreatment Program Procedures
November 7, 2013
/ I
MEMORANDUM OF UNDERSTANDING
BETWEEN
SANTA ANA WATERSHED PROJECT AUTHORITY
AND
COUNTY SANITATION DISTRICTS OF ORANGE COUNTY
GOVERNING
QUALITY CONTROL OF WASTEWATERS DISCHARGED TO THE
SANTA ANA REGIONAL INTERCEPTOR
----------------------------------------------------------------
THIS MEMORANDUM OF UNDERSTANDING is made and entered into, to be
effective the 1st day of April, 1991, by and between:
SANTA ANA WATERSHED PROJECT AUTHORITY,
hereinafter referred to as "SAWPA";
AND
COUNTY SANITATION DISTRICT NO. 1 OF ORANGE
COUNTY, CALIFORNIA, for itself and as agent
for COUNTY SANITATION DISTRICT NOS. 2, 3, 5,
6, 7, 11, 13 and 14 of Orange County,
California, hereinafter referred to as
"CSDOC".
RECITALS
WHEREAS, CHINO BASIN MUNICIPAL WATER DISTRICT and CSDOC entered
into an Agreement on 12th day of April, 1972, entitled "Waste Water
Treatment and Disposal Agreement", a copy of which is attached
hereto as Attachment No. 1 and incorporated herein by this
reference, whereby CHINO BASIN MUNICIPAL WATER DISTRICT, also
referred to as "Upper District", was granted the right by CSOOC to
purchase up to 30 million gallons per day of treatment and disposal
rights for purpose of ocean disposal of non-reclaimable wastewaters
in the Santa Ana River Watershed upstream from CSDOC service area,
hereinafter sometimes referred to as "Upper Basin"; and
WHEREAS, said Agreement between CHINO BASIN MUNICIPAL WATER
DISTRICT and CSDOC was subsequently assigned to SAWPA On November
13, 1974, which assignment included all rights, title, and interest
in and to said Agreement; and
WHEREAS, said Agreement does set forth certain quality criteria Of
the waste water discharged by Upper District and stipulated that
a quality monitoring program for said waste water from Upper
District, acceptable to all parties, shall be established and all
costs thereof shall be borne by Upper District; and
1
WHEREAS, subsequent to execution of the 1972 Agreement, CSDOC,
pursuant to applicable laws, regulations and permits, including
statues and regulations of the United States Environmental
Protection Agency [EPA] and the State Water Resources Control Board
[SWRCB] , is required to promulgate and enforce industrial source
controls through an approved pretreatment program; and
WHEREAS, CSDOC, the owner and operator of the wastewater treatment
system and the holder of the NPDES permit, did on September 8,
1989, adopt a revised regulation in the form of an Ordinance
entitled "Wastewater Discharge Regulations" which sets forth
certain quality requirements which must be met by all dischargers
of wastewater tributary to the treatment and disposal facilities
of CSDOC, including the wastewaters originating in the Upper Basin,
in order to protect the sewerage system, the marine environment,
to meet the Districts' NPDES permit requirements of EPA, Regional
Water Quality Control Board [RWQCB] and the SWRCB, and to comply
with all other applicable provisions of law; and
WHEREAS, SAWPA did on June 12, 1990, adopt Ordinance No. 1
(Revised) entitled "An Ordinance Regulating the Availability and
Use of the Santa Ana Regional Interceptor". This Ordinance No. 1
contains similar provisions as CSDOC's Ordinance setting forth the
same quality requirements which must be met by all dischargers of
wastewaters in the Upper Basin which are tributary to the treatment
and disposal facilities of CSDOC. SAWPA's Ordinance No. 1 has been
reviewed by CSDOC which has determined that it meets, when
implemented, administered and enforced, the intent of administering
the Quality Criteria provisions contained in Paragraph 5 of the
aforementioned Agreement between SAWPA and CSDOC.
NOW, THEREFORE, SAWPA and CSDOC, in consideration of the mutual
promises contained in this Memorandum of Understanding, do hereby
agree as follows:
GENERAL
Section 1: Retention of Powers.
A. CSDOC 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 CSDOC the authority to regulate
and/or prohibit, by the adoption of ordinances or
resolutions, and by issuance of discharge permits, the
discharge of any waste, directly or indirectly, to
CSDOC's sewerage facilities. Said authority includes the
right to establish limits, conditions, and prohibitions;
to establish flow rates or prohibit flown discharged to
2
i
CSDOC-s sewerage facilities; to require the development
of compliance schedules for the installation of equipment
systems and materials by all users; and to take all
actions necessary to enforce its authority, whether
within or outside CSDOC-s boundaries, including those
users that are tributary to CSDOC or within areas for
which CSDOC has contracted to provide sewerage services.
B. Neither SAWPA nor CSDOC, by entering into this Memorandum
of Understanding, relinquishes to the other, any of its
independent statutory or other powers and
responsibilities relative to the provisions of sewer
service; promulgation, administration and enforcement of
waste discharge requirements; or operation of its
publicly-owned sewer facilities, nor by entering into
this Memorandum of Understanding, does either party
recognize any changes or modifications in the
aforementioned "Waste Water Treatment and Disposal
Agreement." However, by entering into this Memorandum
of Understanding, the Parties do agree to the cooperative
implementation of required powers and responsibilities
for insuring the quality of wastewaters tributary from
the Upper Basin to the treatment and disposal facilities
of CSDOC.
C. CSDOC and SAWPA further acknowledge and agree that
changes in the laws and regulations to which CSDOC and
SAWPA are bound, which have occurred subsequent to the
Agreement, require changes in the continuing operational
aspects of wastewater collection, treatment and disposal,
most notably the implementation of a comprehensive
industrial wastewater pretreatment program.
D. Neither the 1972 Agreements nor this Memorandum of
Understanding contemplates nor shall it be authorization
for any discharge by any user, to the sewer system of
SAWPA or CSDOC, of any waste which is subject to
regulation or prohibition under the terms of the Resource
Conservation and Recovery Act; Comprehensive
Environmental Response, Compensation and Liability Act
of 1980; Toxic Substances Control Act; California
Hazardous Substances Act; or the California Hazardous
Waste Control Law.
The parties acknowledge the existence of a separate
agreement between them authorizing and regulating the
discharge of wastewaters to CSDOC facilities from the
Stringfellow Pretreatment Facility. Those discharges are
governed by that agreement and are not subject to this
agreement.
3
E. Except as hereinafter provided, SAWPA shall continue to
exercise jurisdiction and control, as outlined in the
aforementioned "Waste Water Treatment and Disposal
Agreement", over all discharges located within SAWPA's
territorial boundaries in the Upper Basin that are
tributary and discharge to CSDOC's facilities. In
addition, SAWPA shall have:
1] The responsibility to issue Wastewater Discharge
Permits ("Permits") and to enforce violations of
Permit requirements;
2] The responsibility to monitor wastewater flows and
perform inspections at SAWPA's expense;
3] The responsibility to collect any non-compliance
fines, fees, user charges, taxes, capital recovery
fees, and other lawful charges as levied by SAWPA.
4] The responsibility to prepare and submit appropriate
Quarterly and Annual Reports pertaining to the
administration of Ordinance No. 1 and this
Memorandum of Understanding to the Environmental
Protection Agency, the Regional Water Control Board,
and CSDOC.
PERMITTING PROCESS
Section 2: Permitting Procedures
A. All direct and indirect dischargers seeking Santa Ana
Regional Interceptor (SARI) service from SAWPA in the
Upper Basin shall file with SAWPA a permit application
as set forth in SAWPA Ordinance No. 1. After SAWPA has
determined that the application is complete, SAWPA shall
develop the permit requirements and forward the permit
information and the permit to CSDOC for its review. The
permit will not be issued to the proposed discharger by
SAWPA until after CSDOC has reviewed the permit
application, the proposed permit requirements, and given
written concurrence to SAWPA. Said concurrence shall be
delivered to SAWPA within ten (10) business days after
receipt of the application by CSDOC. Such concurrence
shall not be unreasonably withheld by CSDOC.
4
If additional data or information is required by CSDOC,
or should CSDOC take exceptions to any of the proposed
permit conditions, or wish to include any additional
limitations or provisions, SAWPA shall be notified within
said ten (10) day period. CSDOC will provide its
concurrence or refusal within five (5) business days
after receiving SAWPA's response to CSDOC's request.
Special meetings between SAWPA and CSDOC, or SAWPA, CSDOC
and the proposed discharger may be necessary during the
permit review process. Such meetings can be requested
by any party, but shall be arranged by SAWPA. Requests
for additional data and/or information by CSDOC shall be
made by SAWPA to the discharge applicant.
B. SAWPA shall notify all existing holders of permits issued
by SAWPA of the conditions of their Ordinance No. 1 and
this Memorandum of Understanding, that they will be
required to replace such existing permits with Permits
issued in accordance with the provisions and procedures
established in Ordinance No. 1 and this Memorandum of
Understanding.
C. Any dischargers that are discharging to the SARI system
without a valid permit issued by SAWPA shall be required
to obtain a Permit under SAWPA's Ordinance No. 1. The
same procedures for the issuance of these Permits shall
be as set forth above in Section 2A above. Within thirty
(30) days of the effective date of this Memorandum of
Understanding, SAWPA shall notify all such known
dischargers of this requirement and demand compliance
within thirty (30) days thereafter.
D. SAWPA's and CSDOC's Ordinances provide each agency with
the authority to modify and change Permit conditions and
terms during the life of the Permit. Where Permit terms
and conditions are proposed to be modified and/or
changed, the Party proposing the change shall promptly
notify the other Party. SAWPA may elect to impose
discharge requirements more stringent than those of
CSDOC.
E. The same procedure as set forth in Section 2A above,
shall apply to renewal, modification or changes in terms
or conditions of permits. Copies of all permits, renewed
permits and modified permits, signed by SAWPA, shall be
forwarded to CSDOC within fifteen (15) days of issuance.
5
MONITORING. INSPECTION AND REPORTING PROCESS
Section 3: Monitoring
A. SAWPA shall have the primary responsibility for scheduled
and unscheduled monitoring of all direct and indirect
dischargers tributary to the SARI system. The
responsibility of SAWPA maintaining an adequate
monitoring program does not preclude CSDOC from obtaining
data through their own monitoring efforts. Should CSDOC
require specific wastewater quality data, CSDOC shall
first request the information from SAWPA.
B. SAWPA may request a self-monitoring program by the
discharger. Any such self-monitoring program shall be
set forth in the Permit requirements as established by
SAWPA and approved by CSDOC. SAWPA shall provide CSDOC
with copies of such discharger 9a self-monitoring results.
C. Each party shall provide the other with copies of reports
for all monitoring, sampling or laboratory testing which
it performs on dischargers in the Upper Basin, and agrees
to exchange all information as obtained.
D. Except in an emergency, any monitoring efforts to be
performed by CSDOC on any discharger in the Upper Basin
shall only be performed upon notification, as soon as
possible, to SAWPA, but not less than twenty-four (24)
hours in advance, in order to afford SAWPA an opportunity
to have a representative present. Such notice may be
given by telephone, confirmed in writing or by electronic
telecommunication (FAX) .
Section 4: Inspection
A. Inspection of each discharger to the SARI system shall
be the responsibility of SAWPA. SAWPA shall maintain and
implement an inspection program and shall document the
inspections with a written report. The inspections shall
be in accordance with the ..State of California
Pretreatment Program Implementation Guidance" manual.
B. SAWPA shall immediately notify CSDOC of any discharge
which presents an imminent danger to the public health,
safety or welfare, or which threatens to interfere with
the operation of the CSDOC sewerage system. Similarly,
CSDOC shall immediately notify SAWPA of any discharge
entering the CSDOC sewerage system from SAWPA which is
determined to present an imminent danger to the public
6
1 �
health, safety or welfare, or to the local environment,
or which threatens to interfere with the operations of
the CSDOC sewerage system.
C. The number and timing of inspections will depend upon the
volume of the discharge, the nature of the discharge,
status of compliance, etc. CSDOC will, at its option,
participate, with SAWPA, in any inspection. Such joint
routine inspections should be done on a-frequency to be
determined by SAWPA depending on the necessity of the
inspection to insure the quality of the discharge, but
in no event shall the inspections of each discharger be
done less than twice annually or less than the minimum
number required by Federal regulation.
D. Should CSDOC wish to initiate an inspection of any
discharger in the Upper Basin, it may do so as CSDOC may
deem necessary. Except in an emergency, CSDOC shall
notify SAWPA of its intent, as soon as possible, but not
less than twenty-four (24) hours in advance in order to
afford SAWPA an opportunity to have a representative
present during the inspection. Such notice may be given
by telephone, confirmed in writing or by electronic
telecommunication (FAX) .
Section 5: Reoortinc
A good communication and information exchange between SAWPA
and CSDOC is essential to promote and sustain a successful,
effective and efficient working relationship. It shall be the
practice that all data on all point sources relating to
discharge, quality, and other information produced as a result
of monitoring, inspection and enforcement conducted or
received by SAWPA on the Upper Basin dischargers shall be
communicated to CSDOC. Specifically, SAWPA will make
available to CSDOC the following reports:
A] Monthly activity report detailing the number and
identification of new and existing permittees,
inspections, enforcement actions, and monitoring
data,
B) Copies of Enforcement Correspondence,
C] Monthly flow and quality data for the discharge to
the CSDOC system at the monitoring station located
near the Orange County boundary line.
D] Quarterly Report and Annual Report of summary of
items (A) ,_ (B) , and (C) , above.
1 I
CSDOC shall advise SAWPA of any changes in the CSDOC
pretreatment requirements which will affect SAWPA.
ENFORCEMENT
Section 6: Primary Responsibility
A. SAWPA through its Ordinance No. 1 shall have the primary
responsibility for enforcing all SAWPA's waste discharge
policies and procedures relative to all Permit terms and
conditions.
B. SAWPA shall inform CSDOC of all dischargers who are in
non-compliance with any of the provisions of their
discharge permit or the SAWPA Ordinance No. 1 and what
action is to be taken by SAWPA to enforce the provisions
of SAWPA's Ordinance No. 1.
C. SAWPA acknowledges that it and each of its member
agencies has the responsibility to develop, implement
and enforce an industrial pretreatment program and assume
all obligations set forth in Title 40, Code of Federal
Regulations, Part 403 which includes notification to all
affected industrial users of pertinent categorical
standards and monitoring and reporting requirements
contained in 40 CFR 403.12 or included as part of the
categorical standard. SAWPA shall require all of its
member agencies and all other agencies who discharge to
the SARI system to enter into an interjurisdictional
agreement with SAWPA, setting forth the respective
obligations to develop and implement a pretreatment
program. SAWPA agrees that in the event of amendment(s)
to applicable Federal statutes or regulations, it will
amend its Ordinance to comply with the new Federal
requirements. CSDOC shall advise SAWPA of any changes
in the CSDOC pretreatment requirements which will affect
SAWPA.
D. CSDOC shall review SAWPA's Ordinance and amendments
thereto, and any interjurisdictional agreements
concerning discharge of waste to SARI for conformance
with 40 CFR Part 403. To ensure inclusion of all other
legal provisions mandated by law and this Agreement,
CSDOC shall periodically review the enforcement efforts
- of SAWPA, any member agency thereof, and any other agency
having discharge rights to the SARI system pursuant to
contract. with SAWPA to ascertain whether pretreatment
requirements are being diligently enforced.
8
To the extent SAWPA chooses to administer its own
pretreatment program, CSDOC may periodically review
SAWPA's pretreatment program activities to ensure that
SAWPA, any member agency thereof, and any other agency
having discharge rights to the SARI system pursuant to
contract with SAWPA is adequately administering its
pretreatment program in conformance with the Federal
Pretreatment Regulations (40 CFR 403) and all CSDOC
requirements.
If CSDOC determines that SAWPA, any of its member
agencies, or any of its contract agencies has failed or
has refused to fulfill any pretreatment requirements,
CSDOC may develop and issue a remedial plan containing
a description of the nature of the pretreatment
deficiencies, an enumeration of steps to be taken by
SAWPA, and a time schedule for attaining compliance with
all pretreatment requirements. Where SAWPA fails to
satisfy the terms of the remedial plan, CSDOC may, upon
thirty (30) days written notice, suspend all or part of
SAWPA's use of CSDOC facilities until such time as SAWPA
satisfies the terms of the remedial plan. In addition
to the actions above, CSDOC may seek injunctive relief
against SAWPA, any member agency thereof, any agency
having discharge rights to the SARI system pursuant to
contract with SAWPA and/or any user contributing to the
failure to comply with the remedial plan, and/or may
pursue other self-help remedies.
section 7: Enforcement Process by CSDOC
A. If SAWPA staff is unwilling or does not take appropriate
enforcement action against a discharger acceptable to
CSDOC, CSDOC with notification to SAWPA may cause
enforcement actions as follows:
1] CSDOC shall send Written notice to SAWPA, signed by
its General Manager or his designee, specifying that
a violation has or is occurring with respect to a
particular discharger in the Upper Basin. The
notice shall contain sufficient information to
substantiate the contention of CSDOC as to the
nature of the violation and to the inappropriate
enforcement action taken by SAWPA.
2] If the General Manager of SAWPA agrees with CSDOC,
then he shall forthwith undertake proceedings under
Article 6 of SAWPA's Ordinance Ro. 1.
9
I
3] If the General Manager of SAWPA disagrees with
CSDOC, he shall forthwith cause a hearing to be held
not more than 10 days after notice is received from
CSDOC. Said hearing shall be conducted by the SAWPA
Commission to determine whether a violation has or
is occurring and shall make findings and direct such
remedial action as it deems appropriate.
41 If CSDOC disagrees with the findings or the
enforcement/remedial action of SAWPA's Commission,
CSDOC may pursue such remedies as provided by law
or regulations.
51 Joint enforcement action against any discharger
violating its permit conditions may be taken when
agreed to by SAWPA and CSDOC.
B. Where a discharge to the CSDOC sewerage system reasonably
appears to present an imminent danger to the public
health, safety, or welfare, or presents or may present
an imminent danger to the environment, or threatens to
interfere with the operation of the CSDOC sewerage
System, CSDOC may immediately initiate steps to identify
the source of the discharge, and to halt and prevent said
discharge. In the event this is unable to be effected
successfully, CSDOC may suspend all or part of 'SAWPA's
use of CSDOC facilities as provided in paragraph 6 of
said "Waste Water Treatment and Disposal Agreement" until
such time as the danger has been abated. In addition to
the actions above, CSDOC may seek injunctive relief
against SAWPA, any member agency thereof, any agency
having discharge rights to the SARI system pursuant to
contract with SAWPA and/or any user .contributing to the
emergency condition, and/or may pursue other self-help
remedies.
Section 8: Indemnity
SAWPA shall indemnify CSDOC for all damages, fines, and costs
incurred by CSDOC imposed by a regulatory agency or a court
of competent jurisdiction as a result of waste discharge from
SAWPA, its member agencies or contract agencies. Said amounts
for indemnification shall include, but not be limited to
fines, fees, penalties, charges, or costs resulting from
injury to CSDOC personnel, damages to CSDOC facilities,
disruption of treatment processes or operations, degradation
of sludge quality, NPDES permit violations, and other air,
water, and sludge quality violations.
10
CSDOC shall indemnify SAWPA for all damages, fines, and
costs incurred by SAWPA imposed by a regulatory agency
or a court of competent jurisdiction as a result of waste
discharge from CSDOC, its member agencies or contract
agencies. Said amounts for indemnification shall
include, but not be limited to fines, fees, penalties,
charges, or costs resulting from injury to SAWPA
personnel, damages to SAWPA facilities, disruption of
treatment processes or operations, degradation of sludge
quality, NPDES permit violations, and other air, water,
and sludge quality violations.
AMENDMENTS AND MODIFICATIONS
Section 9: Amendments and Modifications
The terms of this Memorandum of Understanding may be amended
only by written agreement by both parties. This Memorandum
of Understanding shall be reviewed, and revised, if necessary,
at least every three years from the effective date.
This Memorandum of Understanding along with SAWPA-s Ordinance
No. 1 establishes procedures for the quality mohitoring
program as set forth in paragraph 5, "Quality Criteria" of
the aforementioned April, 1972 Agreement.
NOTICE
Section 10• Notice
Except as otherwise provided herein, all notices and other
communications required or permitted hereunder shall be in
Writing, shall be delivered in person, by electronic
telecommunication or sent by registered mail or certified
mail, return receipt requested, and shall be deemed received
upon personal delivery or seventy-two (72) hours after deposit
in the mail of the United States Postal Service in Orange or
Riverside Counties, which ever is appropriate, postage prepaid
and addressed as follows:
TO SAWPA: SANTA ANA WATERSHED PROJECT AUTHORITY
ATTENTION: GENERAL MANAGER
3600 TYLER STREET - SUITE 207
RIVERSIDE, CALIFORNIA 92503
11
TO CSDOC: COUNTY SANITATION DISTRICTS OF ORANGE COUNTY
ATTENTION: GENERAL MANAGER
P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
IN WITNESS WHEREOF, SAWPA and CSDOC have executed this Memorandum
of Understanding as of the day and year first above Written. ,
SANTA(—JANA WATEyR[SHEDD PROJECT AUTHORITY
By
Cha rma SAWPA opnission
COUNTY SANITATION DISTRICT NO. 1 OF ORANGE
COUNTY, CALIFORNIA, for itself and on behalf
of County Sanitation District Nos. 2, 3, 5, 61
7, 11/,, 13 a p 1/64 .0f Orange/ untyy, California
By
Chalrman, card of Directors
E
pro m
BySecrerd of Directors
APPROVED AS TO FORM:
THOMAS L. WOODRUFF,
DISTRI S COUNSEL .
By v
TFN:tw:R:3/7/91(1801N.SM)
12
SAWPA PRETREATMENT PROGRAM
Procedures
Appendix 1 -2
1996 Wastewater Treatment and
Disposal Agreement
SAWPA Pretreatment Program Procedures
November 7, 2013
WASTEWATER TREATMENT AND DISPOSAL AGREEMENT
THIS AGREEMENT is made and entered into, to be effective the 24th day of
July 1996, by and between COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5,
6, 7, 11, 13 and 14 OF ORANGE COUNTY, CALIFORNIA (collectively "Districts"), each
of which is a county sanitation district organized and existing pursuant to California Health &
Safety Code section 4700 et seq., and the SANTA ANA WATERSHED PROJECT
AUTHORITY ("SAWPA"), a joint powers agency organized and existing pursuant to California
Government Code section 6500 et seq.
A. DEFINITIONS
As used in this Agreement, the following terms shall have the meanings herein set forth:
(1) "Adjusted Capital Facilities Connection Charge" ("Adjusted CFCC"):
Shall mean District No. 2's charge for connection of a dwelling unit to District's sewerage
system, less the component amount in this charge for construction and rehabilitation of District's
collection facilities. Currently, the Capital Facilities Connection Charge is $2,350.00 and the
Adjusted Capital Facilities Connection Charge is $1,690.00.
(2) "Biochemical Oxygen Demand" ("BOD"): The measure of biodegradable
organic material in Wastewater as represented by the quantity of oxygen utilized over a period
of five days at 20 degrees centigrade and as determined by testing methods approved by the
United States Environmental Protection Agency ("EPA"), as set forth in 40 CFR Part 136, or
subsequent amendments thereto.
(3) "Chino Basin Municipal Water District" ("CBMWD"): CBMWD is a
municipal water district organized and existing pursuant to California Water Code section 71000
et seq.
(4) "Class I User": Any user who discharges Wastewater that:
(a) Is subject to Federal Categorical Pretreatment Standards;
(b) averages 25,000 gallons per day or more of regulated process
Wastewater;
(c) is determined by the Districts' General Manager to have a
reasonable potential for adversely affecting the Districts' operations
or for violating any pretreatment standard, local limit, or discharge
requirement; or
(d) may cause, as determined by the Districts' General Manager, pass
through or interference with the Districts' sewerage facilities.
WOODRUFF,SPRADLW&SMARn'
323191 I July 11, 1998
(5) "Disposal Costs": An amount which includes all costs incurred, directly
or indirectly, for treatment and disposal of Wastewater discharged from SAWPA's SARI Service
Area to Districts' facilities. These costs shall be calculated in the same manner as Districts'
charges for use for Class I Users less District No. 2's (1) operations and maintenance charge
for flow; and (2) debt service for flow, BOD and Suspended Solids. The parties acknowledge
that (1) the remaining BOD component of the Disposal Costs may ultimately be changed to a
Chemical Oxygen Demand component; and (2) the Disposal Costs may be adjusted annually by
the District No. 2 Board of Directors to reflect increases or decreases in the costs incurred by
District No. 2.
(6) "Districts"; Collectively, County Sanitation Districts Nos. 1, 2, 3, 5, 6,
7, 11, 13 and 14 of Orange County, California, which are parties to this Agreement and to the
Joint Ownership Operation and Construction Agreement dated March 10, 1971, superseded by
a revised Joint Agreement effective July 1, 1985 ("Joint Agreement"), and/or any amendments
or supplements thereto, and any Sanitation Districts that are formed after the effective date of
this Agreement and which become a party to the Joint Agreement, or if an agency reorganization
should occur, the successor agency/agencies to these County Sanitation Districts. Any act,
decision or forbearance by Districts shall be evidenced by action of a majority of the nine
Sanitation Districts. The term includes plural and/or possessive where appropriate.
(7) "District No. 2": County Sanitation District No. 2 of Orange County,
California, or if an agency reorganization should occur, the successor agency to District No. 2.
(8) "Districts' Ordinance": The Districts' ordinance entitled "Wastewater
Discharge Regulations", effective February 7, 1992, including any subsequent amendments
thereof or successor ordinances thereto.
(9) "Reclaimable Wastewater": Shall mean the liquid and solid waterbome
wastes of such character as to permit satisfactory disposal, within the Santa Ana River
Watershed.
(10) "MGD": Shall mean million gallons per 24 hour day.
(11) "Monthly Average Flow": The average rate of Wastewater flow which
passes through a flow meter during any calendar month, expressed in MGD.
(12) "Person": Shall mean any individual, partnership, firm, association,
corporation or public agency, including the State of California and the United States of America.
(13) "Santa Ana River Interceptor" ("SARI"): The interceptor sewer of District
No. 2, as shown on Exhibit "B" attached to the Waste Water Interceptor Capacity Agreement.
(14) "Santa Ana Watershed Project Authority (SAWPA)": The agency which
is responsible for developing and implementing long-range plans and projects for managing,
preserving, and protecting the quality of water supplies in the Santa Ana River Watershed. The
MODMFF,SP6ADLIN&SMART
323191 2 July 11, 1996
member agencies of SAWPA are presently CBMWD, Eastern Municipal Water District, Orange
County Water District, San Bernardino Valley Municipal Water District, and Western Municipal
Water District.
(15) "SAWPA's SARI Service Area": The total area within the jurisdictional
boundaries of SAWPA's member agencies, excluding any area within the County of Orange.
(16) "Suspended Solids": Any insoluble material contained as a component of
Wastewater and capable of separation from the liquid portion of the waste by filtration as
determined by EPA approved testing methods. Suspended solids are sometimes denoted herein
by "SS".
(17) "Treatment and Disposal Right": A right of SAWPA to deliver (through
the SARI to Districts' facilities) and an obligation of Districts to receive, treat and dispose of
a stated flow of Wastewater, expressed in terms of Monthly Average Flow.
(18) "Treatment and Disposal Right Charge" (hereinafter "Treatment Right
Charge"): Shall mean the charge applicable to the purchase of a 1 MGD increment of the
Treatment and Disposal Right. The Treatment Right Charge applicable upon execution of this
Agreement shall be as follows:
(Flow, gpol)/399 gpd x Adjusted CFCC x 42% +
(BOD, lbs/day)/0.83 Ibs/day x Adjusted CFCC x 26% +
(SS, lbs/day)/0.83 ibs/day x Adjusted CFCC x 32%
Current application of the Treatment Right Charge provides the following acquisition charge for
1 MGD increment of the Treatment and Disposal Right:
Flow (1 mgd) _ $1,778,947.00
BOD (320 mg/L = 2,669 lbs/day) _ $1,412,961.00
SS (270 mg/L = 2,253 lbs/day) _ $1,467299.00
TOTAL: $4,659,207.00
The Treatment Right Charge formula may be periodically adjusted by District No. 2 to reflect
(1) changes in the District No.2 Capital Facilities Connection Charge; (2) adjustments in the
allocations for District No. 2 costs for collection facilities; and (3) adjustments in the treatment
cost allocations for Flow, BOD and Suspended Solids discharged from SAWPA's SARI Service
Area to Districts' facilities; and (4) the actual BOD and Suspended Solids concentrations
discharged from SAWPA's SARI Service Area to Districts' facilities, to appropriately reflect
the Districts' treatment costs for these discharges.
'gpd - gallons per day
WOODRUFF.SPRAOLIN d SMAW
32318 1 3 Ju1V 11. 1986
(19) "Wastewater": Shall mean all liquid-carried wastes and wastewater of the
community, and shall include all wastewater from any producing, manufacturing, processing,
agricultural, or other similar operations.
(20) "Waste Water Interceptor Capacity Agreement": An agreement between
CBMWD and District No. 2, effective on April 12, 1972, and providing for the acquisition by
CBMWD of a 30 MGD interceptor capacity right in the existing and expanded interceptor
facilities of District No. 2.
B. RECITALS
1. Districts are authorized by statute to contract with any district or governmental
agency for the handling, treatment and/or disposal of Wastewater originating within or without
their boundaries, if, in the judgment of the Districts' Boards of Directors, it is for the best
interest of Districts to do so.
2. SAWPA is authorized by law to acquire, construct and operate facilities for the
collection, treatment and disposal of sewage and Wastewater, and is authorized to join with one
or more public agencies, private corporations, or other persons for the purpose of carrying out
any of its powers.
3. On April 12, 1972, Districts and CBMWD entered into the Waste Water
Treatment and Disposal Agreement ("1972 Agreement") through which CBMWD acquired the
right to acquire an ultimate Treatment and Disposal Right for 30 MGD of Wastewater flow to
Districts' facilities.
4. On November 13, 1974, CBMWD assigned and transferred to SAWPA all of
CBMWD's right, title and interest in the 1972 Agreement. To date, SAWPA has acquired a
Treatment and Disposal Right of S MGD.
5. The parties acknowledge that this Agreement provides a right to have Wastewater
flows, identified herein, treated and disposed of at Districts' facilities. As set forth in the
definition of "Treatment and Disposal Right', the parties contemplate that delivery of
Wastewater to Districts' treatment and disposal facilities will occur through the SARI. This
Agreement does not, however, provide SAWPA with any capacity rights for discharge of
Wastewater through the SARI. Except as set forth in Section 27 herein, capacity rights in the
SARI are governed solely by the Waste Water Interceptor Capacity Agreement.
6. SAWPA, including the Orange County Water District, and Districts are concerned
with the continuing development of a regional water quahty management program for SAWPA's
SARI Service Area, consistent with Federal and State.policies. The operation of the SARI for
the disposal of Wastewater is a significant component of this program.
WOODRUFF,9RRADLIN&SMART
32319 1 4 hh/11, 1898
7. The parties acknowledge that the discharge of Reclaimable Wastewater to the
SARI has occurred over time. It is the intent of the parties hereto that SAWPA will, in good
faith, make all reasonable efforts to minimize Reclaimable Wastewater discharges to the SARI.
8. It is in the best interests of Districts and SAWPA to enter into an agreement
whereby Wastewater originating in SAWPA's SARI Service Area upstream from Districts may
be disposed of through existing and expanded facilities of Districts,
C. COVENANTS
IN CONSIDERATION of the premises and of the covenants, rights and obligations
herein, the parties hereto covenant and agree as follows:
1. Treatment and Disposal Right,
(a) Grant of Right. Districts hereby grant and convey to SAWPA a Treatment
and Disposal Right, as hereinafter provided, effective at the times provided in subparagraphs (c)
and (d) hereof.
(b) Nature of Treatment and Disposal Right The right of SAWPA to deliver
Wastewater under the Treatment and Disposal Right shall not be deemed a right to use any
particular existing or expanded facility of Districts. Districts shall have sole discretion, as
between Districts and SAWPA, with regard to the manner of treatment and disposal of such
Wastewater,
(c) Quantity of Treatment and Dis=sal Right. An ultimate Treatment and
Disposal Right of 30 MGD Monthly Average Flow may be acquired by SAWPA in increments
as herein specified. It is acknowledged that SAWPA has previously acquired a Treatment and
Disposal Right of 8 MGD Monthly Average Flow. Concurrently with the execution of this
Agreement, SAWPA shall pay Districts, at the current Treatment Right Charge rate, for the
acquisition of an additional Treatment and Disposal Right of 1 MGD. Upon payment of these
funds to Districts, SAWPA shall have a total Treatment and Disposal Right of 9 MGD.
(1) The Districts' acknowledge that their connection charges are
presently the subject of an internal review which may lead to an adjustment of these connection
charges. If an adjustment of Districts' connection charges occurs which would have resulted in
a reduced charge for the initial Treatment and Disposal Right to be acquired by SAWPA
pursuant to Section 1(c), the Districts shall credit SAWPA for the difference in the actual and
reduced charge and shall apply the difference against the then-current obligations of SAWPA to
Districts under this Agreement.
(d) Effective Date and Term of Right. The effective date of the acquisition
of the subsequent increment(s)of the Treatment and Disposal Right acquired herein by SAWPA
shall he upon final payment of the sum herein specified therefor. The Treatment and Disposal
Right, including the existing right and any increased increment thereof, shall continue in effect
WOOOMFF.9Pa xw&}IY RT
323191 5 JUIV 11, 1996
until April 12, 2046. The Parties acknowledge that it is possible that, within the term of this
Agreement, consolidation or other fundamental changes may occur in the structural organization
of Districts and/or SAWPA. It is the intent of the Parties that the rigbts and obligations of this
contract will be binding on such changed organizations. It is contemplated that, at the end of the
term of this Agreement, on April 12,2046, SAWPA will, based upon the Districts' then current
governance structure, join the Districts as a co-equal participant in the Districts' Joint Ownership
Operation and Construction Agreement or any agreement which shall supersede or replace it.
Negotiations to this end shall be undertaken in good faith during the 45th year (2041) of this
Agreement. In consideration of the capital costs paid by SAWPA, there shall be no additional<—
_— initial capital cost to SAWPA for such joinder. In the event the Parties are not able to negotiate
appropriate joinder of SAWPA with the Districts on or before the end of the term of this
Agreement and SAWPA's perpetual right is not otherwise confirmed by contract extension, for
reasons other than the decision of SAWPA to abandon such right, the Districts shall repay to
SAWPA an amount equal to the then current value of SAWPA's owned Treatment and Disposal
Right in Districts' treatment and disposal system as defined by the formula in Definition (18)
"Treatment Right Charge" at page 3 of this Agreement.
2. CaRi:W Payments In order to grant SAWPA a Treatment and Disposal Right,
Districts have invested capital in treatment and ocean disposal facilities. In lieu of malting its
own capital investment in these physical facilities, SAWPA shall make the following payments
for the Treatment and Disposal Right:
(a) Q2asily Increments. Additional Treatment and Disposal Rights may be
acquired in increments of 1 MGD Monthly Average Flow. The purchase price therefor shall be
payable as follows:
(1) For Each 1 MGD Monthly Awe Flow Increment, SAWPA shall
pay a sum equal to Districts' then existing Treatment Right Charge for each 1 MGD Monthly
Average Flow increment of the Treatment and Disposal Right. SAWPA shall acquire additional
increments of the Treatment and Disposal Right as follows:
(A) Whenever SAWPA's Monthly Average Flow discharged to
Districts' facilities exceeds SAWPA's then existing Treatment and Disposal Right, SAWPA shall
acquire sufficient additional increments of the Treatment and Disposal Right so that SAWPA's
total Treatment and Disposal Right exceeds that Monthly Average Flow. (For example,
assuming SAWPA's existing Treatment and Disposal Right is 8 MGD and the Monthly Average
Flow from March 1 through March 31 is 10.001 MGD, SAWPA shall acquire three additional
1 MGD increments of the Treatment and Disposal Right).
(2) SAWPA may elect to pay for an additional increment(s) of the
Treatment and Disposal Right over a 10 year period. If SAWPA so elects, the payments shall
be made in 10 equal annual installments, which installments shall include a fixed rate of interest
at the rate for ten-year United States Treasury Bills plus 1%. This fixed rate of interest shall
be determined by reference to the interest rate established at the auction of ten-year United States
Treasury Bills occurring most recently before SAWPA's exceedence of its Monthly Average
WOODRUFF.SPAR UN 6.SMAW 6
323191
July 1I, 1896
Flow, The first installment shall be paid within 45 days of the date of Districts' invoice to
SAWPA. Each of the nine subsequent annual installments shall be paid no later than 45 days
following the anniversary date of the exceedence.
(A) If SAWPA elects to proceed by installment acquisition,
Districts shall recalculate the payment amount due for each annual installment using the average
BOD and Suspended Solids loadings for the one year period immediately preceding the date each
installment payment is due. The interest rate on each installment shall remain at the rate
originally fixed pursuant to Section 2(a)(2). No credit shall be provided to SAWPA on an
installment acquisition for any adjustment of Districts' connection charges except as specified
in Section I(c)(1).
(B) Upon SAWPA's written notice received by Districts at least
IS days in advance of the anniversary date of the initial exceedence, SAWPA may discontinue
the acquisition of the increment(s) of the Treatment and Disposal Right as of that anniversary
date. An acquisition may not be discontinued at any time other than on an anniversary date.
Upon discontinuance in accordance with this Section, SAWPA shall have no further obligation
to pay Districts for additional installments for the affected increment(s) of the Treatment and
Disposal Right and no further right to discharge in accordance therewith.
(C) If, following discontinuance of the acquisition of an
increment(s)of the Treatment and Disposal Right, SAWPA acquires an additional increment(s)
of the Treatment and Disposal Right pursuant to Sections 2(a)(1) or 2(a)(2), SAWPA shall
receive a credit toward the acquisition cost of the additional increment(s). The credit shall be
equal to 75% of the amount, excluding interest,previously paid by SAWPA pursuant to Section
2(a)(2) toward the earlier acquisition of the discontinued increment(s) of the Treatment and
Disposal Right. If the subsequent acquisition is an installment acquisition made pursuant to
Section 2(a)(2), the credit shall be applied to the first installment(s) to be paid by SAWPA for
the subsequent acquisition. The cost of the subsequent acquisition shall be at the Treatment
Right Charge rate applicable at the time of the initial payment for the subsequent acquisition,
plus interest as set forth in Section 2(a)(2).
(3) Districts shall provide to SAWPA an invoice stating the amount
due from SAWPA for the required capacity increment(s) and for any other amounts due pursuant
to this Agreement. Failure to provide a timely invoice does not negate SAWPA's obligation to
pay any amounts owed to the Districts.
3. Emerged Discharge, Notwithstanding the provisions of Section 2(a)(1)(A), if
due to an operational emergency SAWPA seeks to discharge in excess of its then-existing
Treatment and Disposal Right, SAWPA may do so for a period not to exceed ninety (90) days,
without incurring the obligation to acquire an additional increment(s) of the Treatment and
Disposal Right, provided that SAWPA fully complies with the provisions of this Section and all
other provisions of this Agreement.
WOODRUFF,SPRADLM&SM
32319 1 7 July 11, 1996
(a) Prior to or by the next business day following the commencement of the
emergency discharge, SAWPA shall provide written notice to Districts identifying the (1) nature
of the emergency requiring the excess discharge; (2) the anticipated duration of excess discharge;
and (3) the name of the SAWPA employee whom the Districts may contact for further
information.
(b) The Districts may impose on SAWPA such conditions on the excess
discharge as reasonably appropriate to protect the Districts' collection and treatment facilities.
(c) In addition to the payment of Disposal Costs for the entire daily flow,
SAWPA shall pay a surcharge on the flow exceeding SAWPA's then-existing Treatment and
Disposal Right. The surcharge shall be calculated applying the same rate which the Districts
are then applying to Districts' Class I Users for capacity purchases.
(d) If, upon expiration of the ninety (90) day period, SAWPA's Monthly
Average FIow continues to exceed SAWPA's then-existing Treatment and Disposal Right,
SAWPA shall immediately acquire additional increments of the Treatment and Disposal Right
sufficient to exceed SAWPA's Monthly Average Flow.
(e) As used in this Section 3, 'operational emergency" shall mean an
equipment breakdown or other malfunction which necessitates SAWPA's discharge in excess of
its then-existing Treatment and Disposal Right.
4. Payment of Disposal Costs. SAWPA shall pay Disposal Costs quarterly for the
measured and sampled flow of Wastewater discharged from SAWPA's SARI Service Area to
Districts' facilities. For purposes of such payment, the Districts will determine quarterly an
estimate of projected Wastewater discharges to.Districts in the succeeding calendar quarter, and
shall invoice the Disposal Costs accordingly. Annual adjustments, based an actual flow, BOD
and Suspended Solids shall be made by appropriate payment or refund after the close of each
of Districts' fiscal years. Disposal Costs shall be calculated at the same rate for all Treatment
and Disposal Rights, regardless of the acquisition date.
5. Quality Criteria. The quality of Wastewater discharged from SAWPA's SARI
Service Area into the Districts' facilities shall comply with all prohibitions and limits on
discharges and all other requirements set forth in the Districts' Ordinance, and any amendments
thereof or successor ordinances thereto. Except as hereinafter set forth in this Section 5(a),
compliance by SAWPA with all discharge limits contained in Districts' Ordinance shall be
measured at the Green River Metering Station near the point of connection between SAWPA and
Districts' facilities. Nothing herein shall alter the requirement that all users who discharge,
directly or indirectly, to the SARI shall comply with all discharge limits at their original point
of discharge to the sewerage system or that SAWPA, to ensure such compliance, is obligated
to act in accordance with the 1991 Memorandum of Understanding between Districts and
SAWPA, and any amendments thereof or successor Memorandum of Understanding thereto.
WOODMFF.S DLN &SMART
32319 1 $ My 11, 1995
(a) The Parties hereto acknowledge that the Districts are not presently
requiring SAWPA to meet any discharge limits measured in pounds per day, including but not
limited to the BOD discharge limit which is set forth in Districts' Ordinance. Districts reserve
the right to impose reasonable discharge limits measured in pounds per day on SAWPA,
measured at the location(s) acceptable to both Parries.
(b) SAWPA shall, upon Districts' request, furnish and periodically update a
list of all persons discharging Wastewater into SAWPA's system, together with a statement of
the approximate volume and quality of such discharges. It is not intended that this Agreement
will furnish SAWPA a competitive advantage in the location of industrial plants within
SAWPA's SARI Service Area or at a location tributary to the SARI. Accordingly, SAWPA shall
not without prior written consent of Districts, make capacity in its system available to any
person who was declined Wastewater service from Districts by reason of that person's inability
to meet the Districts' Ordinance requirements, prohibitions or discharge limits.
(c) A quality monitoring program for Wastewater discharged from SAWPA's
SARI Service Area to Districts, which program is acceptable to all parties shall be established
and maintained and all costs thereof shall be borne by SAWPA.
(d) Should the EPA, California Environmental Protection Agency, Regional
Water Quality Control Board or any other regulatory agency with authority over Districts
lawfully direct that the Districts further regulate SAWPA's discharge and/or activities, SAWPA
shall comply with such additional discharge limits and/or directives.
(e) SAWPA shall not discharge or allow the discharge of any sludge to the
SARI.
(f) The Districts may authorize the discharge to the SARI of certain side
stream flows from water treatment facilities located in SAWPA's SARI Service Area. No
discharge of side stream flows shall commence unless SAWPA has first obtained written
authorization, which shall not be unreasonably withheld, from Districts for the discharge, which
authorization may contain conditions and requirements acceptable to both Parties.
6. Quality Violations. SAWPA shall comply with all requirements, prohibitions and
discharge limits set forth in Districts' Ordinance. In the event the Wastewater delivered by
SAWPA into the Districts' facilities fails to comply with the requirements, prohibitions or
discharge limits of Districts' Ordinance, Districts reserve the right, upon twenty-four (24)
hours' notice, to suspend all or part of SAWPA's use of the Districts' facilities and to suspend
the exercise by SAWPA of all or part of its Treatment and Disposal Right until such time as
the Wastewater complies with Districts' Ordinance.
WOODRUFF,SPRAOLIN&SMART
32319 1 9 July 11, 1996
(a) In the event that SAWPA fails to comply with any requirements set forth.
in Districts' Ordinance, including but not limited to all discharge prohibitions or limits, SAWPA
shall be subject to enforcement actions pursuant to all applicable federal, state and local laws,
including but not limited to California Government Code section 54739 et seq. and Districts'
Ordinance, Article 6, Section 615, and any subsequent or successor section thereto. In addition,
SAWPA shall pay to Districts all reasonable costs of any damage to Districts' facilities caused
by the discharge of Wastewater from SAWPA's SARI Service Area to Districts' facilities.
These costs shall include but not be limited to any costs of repair, investigation and Districts'
administrative overhead.
7. Reclaimable Wastewater. SAWPA shall, in good faith, make reasonable efforts
to minimize direct or indirect Reclaimable Wastewater discharges to the SARI, which discharges
originate.in SAWPA's SARI Service Area.
8. Metering, SAWPA shall pay all costs, including but not limited to, equipment
costs, employee time and administrative overhead associated with maintaining, calibrating,
reading, testing, repairing, adjusting and, if it becomes necessary, replacing the recording and
totalizing flow meter at the Green River Metering Station. SAWPA shall also reimburse the
Districts for all costs associated with the installation, maintenance and repair of electronic/
telemetry equipment which allows the Districts to monitor flow through the Green River
Metering Station from other District facilities. Should the meter malfunction, flows shall be
estimated using the average flows of the three previous months until such time as the meter is
repaired. All repairs to the flow meter shall be accomplished by SAWPA within a reasonable
time.
9. Assi ng ment. This Agreement shall not be transferred or assigned by SAWPA
without the prior written consent of Districts, which consent shall not be unreasonably withheld;
provided, however, that nothing herein contained shall prevent SAWPA from designating for,
or allocating to, public agencies or other users within SAWPA's SARI Service Area upstream
from Districts, a portion of the Treatment and Disposal Right provided for herein, so long as
such action does not affect SAWPA's liabilities and obligations to Districts. SAWPA shall be
the public entity having primary responsibility for regional reallocation, in the area upstream
from Districts, of this Treatment and Disposal Right.
10. Fees/Charges. To the extent that Districts establish any fee for capital
assessments or any other fees adopted pursuant to California Healthand Safety Code section
5470 et seq., or other legislative authorization, which fees are not duplicative of the fees herein
and which are applicable to dischargers within Districts' service area, SAWPA shall be obligated
to pay such fees in the same manner as the dischargers within Districts' service area. For
purposes of this section, the term "fees" shall be synonymous with "charges".
11. Protection of Districts Facilities. SAWPA acknowledges that Districts' policy
.provides for the Wastewater flow from SAWPA's SARI Service Area to be sent to Districts'
Plant No. 2 treatment works in Huntington Beach due to the high levels of Total Dissolved
Solids in the Wastewater and the discharge from the Stringfellow Treatment Facility.
MODRUFF,3P6 Ml&SMART
323191 10 July 11, 1996
Furthermore, SAWPA acknowledges that when water reclamation occurs at Districts' Plant No.
1, Districts cannot accept the wastewater discharge from the Stringfellow Treatment Facility at
Plant No. 1. If Districts determine to repair or replace Districts' facilities or need to divert, on
a temporary basis, the flow received from SAWPA's SARI Service Area to Districts' Plant No.
1, Districts shall provide written notice to SAWPA of this determination to divert to Plant No.
1 as soon as reasonably practicable. In accordance with this notice, SAWPA shall,at its sole
expense, prevent the discharge of Wastewater to the SARI from the Stringfellow Treatment
Facility, or such other source of Wastewater within SAWPA's SARI Service Area that Districts
determine may adversely affect the operation of Districts' facilities during the diversion by
Districts of SAWPA flow to Districts' Plant No. 1. Nothing in this Section 11 is intended to
preclude the discharge from SAWPA's SARI Service Area of discharges consisting solely of
other wastewater brines. While the parties are presently unable to predict events which may lead
to diversions of the Wastewater flow from SAWPA's SARI Service Area to Districts' Plant No..
1, it is the parties' estimate that such diversions will not average more than ten (10).business
days annually. During such diversions, the Districts will provide a temporary discharge location
within the County of Orange for the discharge by SAWPA of the wastewater discharge from the
Stringfellow Treatment.Facility to Districts` facilities.
12. Acts of God. Neither party hereto shall be liable for failure to comply with any
term or condition of this Agreement by reason of flood, fire, earthquake or act of God;
provided, that due diligence is exercised to repair or replace facilities damaged and to perform
hereunder following such occurrence. Districts and SAWPA shall each pay their proportional
share of the net cost of such replacement, based upon the capacity held and used by each at such
time.
13. Arbitration. In the event of a dispute as to the construction, interpretation or
implementation of this Agreement or any rights or obligations hereunder, the issues in dispute
shall be submitted to arbitration. (California Code of Civil Procedure, Part 3, Title 9, §1280 et
seq.) For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement,
each party shall select an arbitrator and those two arbitrators shall select a third. Discovery may
be conducted in connection with the arbitration proceeding pursuant to California Code of Civil
Procedure, §1283.05. The arbitrator, or three arbitrators acting as a board, shall take such
evidence and make such investigation as deemed appropriate and shall render a written decision
on the matter in question. The arbitrator shall decide each and every dispute in accordance with
the laws of the State of California. The arbitrator's decision and award shall be subject to
judicial review for errors of fact or law in the Superior Court for the County of Orange, with
a right of appeal from any judgment issued therein.
14. Attorney Fees. Each party will pay its own costs and attorney fees associated
with any litigation or other proceeding concerning the provisions of this Agreement.
15. IM Agreement. The 8 MGD Treatment and.Disposal Right previously acquired
by SAWPA pursuant to the 1972 Agreement shall, upon the effective date of this Agreement,
be deemed to have been acquired by SAWPA pursuant to the terms of this Agreement. This
present Agreement supersedes all terms and conditions of the 1972 Agreement between
WOODRUFF.SPMMW S SMART
3231a 1 11 JWY 11, 1996
CBMWD and Districts, the rights and obligations of which Agreement were assigned by
CBMWD to SAWPA in 1974. The 1972 Agreement shall have no further effect as of the
effective date of this Agreement.
16. Inteeration. This Agreement represents the entire understanding of the parties as
to those matters contained herein. No prior or contemporaneous oral or written understandings
shall be of any force or effect with respect to those matters covered by this Agreement, except
that nothing herein shall affect the terms of the April 1, 1991 Memorandum of Understanding
between Districts and SAWPA.
17. Modifications. This Agreement shall not be changed, modified or supplemented
except in a writing signed by the parties hereto.
18. No Waiver. No delay or omission in the exercise of any right or remedy
available hereunder shall impair such right or remedy or be construed as a waiver. Any waiver
of any default or condition hereunder must be in writing and shall not be construed as a waiver
of any other default concerning the same or any other provision of this Agreement.
19. Headings. Headings of the Sections of this Agreement are inserted for
convenience only and shall not be deemed to constitute a part hereof.
20. Seve i ' , If any provision of this Agreement is determined to be invalid,
illegal or unenforceable, such provision shall be severable from the rest of this Agreement and
the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired by such determination.
21. Notices, All notices and other communications given hereunder shall be in
writing and shall be personally delivered or mailed by registered or certified mail, return receipt
requested, and postage prepaid, addressed as follows:
If to SAWPA: Santa Ana Watershed Project Authority
Attention: General Manager
11615 Sterling Avenue
Riverside, California 92503
If to Districts: County Sanitation Districts of Orange County
Attention: General Manager
P. O. Box 8127
10844 Ellis Avenue
Fountain Valley, California 92728-8127
22. Interpretation of Governing Law. This Agreement shall be construed as if
prepared by all parties hereto. The provisions of this Agreement shall be construed and enforced
in accordance with the laws of the State of California.
WOODRUFF,WMDLW&SM
32319 1 12 July 11, 1996
23. Counteroarts and Execution. This Agreement may be executed in multiple
counterparts, and each of which shall be deemed an original Agreement, and all of which
constitute one Agreement.
24. Limitation on Discharge. Except to the extent connections presently exist,
SAWPA shall not allow, directly or indirectly, the discharge to the SARI of any Wastewater
originating outside SAWPA's SARI Service Area, unless SAWPA first obtains Districts' written
approval of such discharge.
25. Termination. The terms of this Agreement shall expire on April 12, 2046.
26. Third Part+ Beneficiaries. No benefit to any third party is intended by this
Agreement.
27. SARI Capacity Rights. Nothing in this Agreement shall be deemed to create any
right of SAWPA to capacity in the SARI, nor any obligation of Districts to provide such -
capacity. Capacity rights for the SARI are set forth in the Waste Water Interceptor Capacity
Agreement, except that the second sentence in Section 8 (pages 6-7) of that Agreement shall be
amended to read as follows: "The flow level from SAWPA's SARI Service Area shall not
exceed SAWPA's then-current Treatment and Disposal Right acquired pursuant to the 1996
Wastewater Treatment and Disposal Agreement between SAWPA and the Districts and, in no
event, shall exceed the capacity right acquired pursuant to this Waste Water Interceptor Capacity
Agreement."
28, Stormwater Discharge . The parties hereto acknowledge that the discharge
of stormwater to the SARI is not authorized. SAWPA shall take all reasonable steps necessary
to ensure that neither public agencies nor private persons or entities discharge stormwater
directly or indirectly to the SARI.
29. Interest. In the event that SAWPA fails to make payment within forty-five (45)
days.from the date of any of Districts' invoices, SAWPA shall, pursuant to California Health
and Safety Code section 5473.10, pay interest at the rate of one and one half percent (11k%) per
month on charges and fees owed to Districts or District No. 2.
30, Changes in Fees/Charges. The parties acknowledge that Districts may adopt
fundamental changes inthe formulas used for assessing fees and charges to Districts' users. If
such fundamental changes are adopted, the parties agree to negotiate in good faith to establish
new equitable fees and charges applicable to the discharge from SAWPA's SARI Service Area
to Districts' facilities.
31. Meet and Confer. The parties shall meet and confer within one (1) year
following the effective date of this Agreement to determine whether the provisions of this
Agreement are functioning as anticipated and to attempt, in good Faith, to resolve any issues
arising during the implementation of this Agreement. The parties may meet at any other time
during the term of this Agreement toward the same end.
WOODIe1FF,SPRADLIN&SMART
31319 1 13 July 11. 1996
32. Notice Re Continuing GijamM On or before July 1 of each year during the term
of this Agreement, SAWPA shall provide written notice to the Districts allocating among
SAWPA's members the respective percentages of SAWPA's total liability to Districts for which
each SAWPA member agency is guaranteeing payment pursuant to the attached Continuing
Guaranty of Wastewater Treatment and Disposal Agreement. Each percentage.allocated shall
be deemed that member agency's pro rats share of SAWPA's financial obligations to the
Districts during the immediately succeeding year (July 1 - June 30). In no event shall the
combined percentages allocated in the written notice be less than 100% of SAWPA's total
liability to the Districts. SAWPA's timely delivery to the Districts of notice in compliance with
this Section is a material term of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
SANTA ANA WATERSHED PROJECT AUTHORITY
By: —--
Chairm , SAWPA Ifornmission
COUNTY SANITATION District NO. 1 OF ORANGE
COUNTY, CALIFORNIA, for itself and on behalf of
County Sanitation Districts Nos. 2, 3, 5, 6, 7, 11, 13 and
14of Orange County, California
By-ate.. Q ` ttttttQQQQ.
Chai7m 7, Board of Dt�.
By: 6-1 11
Secretary, B d oftrectors
APPROVED AS TO FORM:
THOMAS L. WOODRUFF,
Districts'y..,Counsel
By: ,���iwi jfUf`r .
WOODRUFF.3PRADt1N 6 SMART
323191 14 July 11. 1996
SAWPA PRETREATMENT PROGRAM
Procedures
Appendix 1 -3
1972 Wastewater Interceptor
Capacity Agreement
SAWPA Pretreatment Program Procedures
November 7, 2013
ASSIGNMENT
WASTE WATER INTERCEPTOR
CAPACITY AGREEMENT
WHEREAS, on April 12, 1972, the Chino Basin Muni-
cipal Water District, herein called "CBMWD", and County
Sanitation District No. 2 of Orange County, herein called
"CSDOC" , entered into an agreement entitled "Waste Water
Interceptor Capacity Agreement"; and - - -
WHEREAS, after execution of said Agreement, the
Santa Ana Watershed Project Authority, herein called "SAWPA",
was formed for the purpose of undertaking projects for water
quality control and protection and pollution abatement in
the Santa Ana River Watershed; and
` WHEREAS, it is in the public interest for CBMWD to `
assign to SAWPA all its right, title and interest in and to
said Agreement:
FOR VALUABLE CONSIDERATION, CBMWD does hereby
assign as follows:
1. ASSIGNMENT. CBMWD does hereby assign and
transfer to SAWPA all its right, title and interest in and
to that- certain -agreement entitled "Waste Water Interceptor,_ ••
Capacity Agreement" , dated April 12, 1972, a true and correct
copy of which is attached hereto and made a part hereof as
Exhibit "A" .
2. ACCEPTANCE. By accepting this assignment,
SAWPA agrees to assume and perform all obligations to be
performed by CBMWD under said Agreement and to indemnify and .
hold CBMWD harmless from any liability for performance or
nonperformance of such obligations.
3. DEFAULT BY SAWPA. If SAWPA shall fail to keep
any term, condition or covenantcontained in said Agreement ,
for a period of thirty (30) days after receipt by SAWPA of
written notice thereof by CSDOC, then SATIPA shall be deemed
to be in default thereunder. The thirty (30) day default -
. period shall be suspended in situations- if such default ,of - -
SAWPA is caused by civil or military disturbances or flood,
fire, earthquake or acts of God or any other circumstances
beyond the control of SAWPA.
If SAWPA should, after notice of such default,
fail to cure such default within said thirty (30) day period,
then CBMWD shall be obligated, upon written demand by CSDOC,
to assume and fulfill all obligations under said Agreement.
The curing of such default by CBMWD shall constitute a re-
- assignments by SAWPA�tp CBMWD of ell- its right; title and;. : -,c,:,� . ,:•;m:r•,.
interest in and to said Agreement and any and all legal and '
equitable right and interest of SAWPA in said Agreement
shall thereupon terminate. -
4. DATE. October 16, 1974
�2_
DATED: �� .�-✓ / 3 19�51'
CHINO BASIN PIUNN/ICIPAL WATER DISTRICT
President of Zge%
Board of Direct• rs
By
-.- . - ACCEPTANCE OF ASSIGNMENT
_ -- - - SAWPA does hereby accept the foregoing assignment,
_ ssume and perform all obligations to be performed
-
agreeEo. a '
by CBMWD under said Agreement therein mentioned and to in'
demnify and hold CDMWD harmless for any liability for per-
formance or nonperformance of such obligations.
i
DATED: / ✓ / 3 197
SANTA ANA WATERSHED PROJECT AUTHORITY
B , -
Chairman of the Cy fission
•• Secretary
-3-
v
COUNTY SANITATION DISTRICT
NO. 5 OF ORANGE COUNTY ,
-•yam 1 ' \ I ,
BX / 1 ' 1
_ Ch irman bf the
Boa o£ D�ectors•
BY p�t
S tary/ � i. in � ••
• -- - - -- TY ANIT TION DISTRICT - _ -
-- - N0. 6 F' ORANGE COUNTY - - -- - -
-
BY
Boar of•Di C' tors,
BY ;I
Sec at t I
CQbNTY ITATION.DISTIRTCT•
NO. 7 OF ORANGE COUNTY
BYdYn+.ecc,,-o ,C ',Zz:�.r.r�'di
'� Ch ''man of the
Boar of D• ectors
BY
S c etary.
U TY ANITATION DISTRICT -
0. 11 OF ORANGE COUNTY -
BY i t
Cha an ,o,f . the
Boar f DiY, ctors
BY
Se rgtary
-5-
CONSENT TO ASSIGNMENT
The undersigned Sanitation Districts hereby consent
to the foregoing assignment.
DATED: October 16 19 74 .
COUNTY SANITATION DISTRICT
NO. 1 OF ORANGE COUNTY( I
BY '
airman of the
Bo of� Di ' ctors
1 +
BY
.- S c etary
UNTY SANITATION DISTRICT
i NO. �Y OF ORANGE COUNTY
BY
Chairman at the,
Board of Directors
BY4�kNIATION_
fjeae—
Sry r
TX ISTRIdT
NO.:' 3 OF ORANGECOUNTY- .
BY 4, 1.
C airmah b the
Boar of Diiedtcrs• I
SY i t,
eg etary
-4-
SAWPA PRETREATMENT PROGRAM
Procedures
Appendix 1 -4
Multijurisdictional Pretreatment
Agreement
SAWPA Pretreatment Program Procedures
November 7, 2013
INLAND EMPIRE BRINE LINE
MULTIJURISDICTIONAL PRETREATMENT AGREEMENT
This Multijurisdictional Pretreatment Agreement (Agreement) is entered into as of
October 15,2013,between Santa Ana Watershed Project Authority (SAWPA) and the
agencies(Agencies)using the Inland Empire Brine Line(Brine Line).
I. RECITALS
WHEREAS,Chino Basin Municipal Water District(CBMWD)and County Sanitation
Districts of Orange County entered into a Wastewater Interceptor Capacity Agreement
on April 12, 1972 (1972 Agreement)by which a 30 MGD interceptor capacity right
was acquired by CBMWD. This capacity right was subsequently transferred from
CBMWD to SAWPA on November 13, 1974; and
WHEREAS, SAWPA and County Sanitation Districts of Orange County entered into a
Memorandum of Understanding on April 1, 1991 (1991 MOU)entitled"Governing
Quality Control of Wastewaters Discharged to the Santa Ana Regional Interceptor';
and
WHEREAS, SAWPA and County Sanitation Districts of Orange County entered into
an agreement on July 24, 1996,entitled"Wastewater Treatment and Disposal
Agreement"(1996 Agreement)defining the terms and conditions for purchase and use
of the County Sanitation Districts of Orange County's treatment and disposal facilities;
and
WHEREAS, Orange County Sanitation District(OCSD) is the successor-in-interest to
the County Sanitation District No. 2 of Orange County, California; and
WHEREAS, SAWPA owns and operates the Inland Empire Brine Line(Brine Line),
formerly known as the Santa Ana Regional Interceptor and as the Santa Ana River
Interceptor by OCSD,which discharges to OCSD treatment and disposal facilities;and
WHEREAS,OCSD owns and operates wastewater treatment and disposal facilities
and is designated by the state of California as a Control Authority per Tide 40,Code
of Federal Regulations, Part 403 (40 CFR,Part 403)to implement requirements of the
National Pretreatment Program (Pretreatment Program); and
Page 1 of 24
WHEREAS, SAWPA did on October 15,2013, adopt Ordinance No. 7(superseding
Ordinance No. 6)entitled"An Ordinance Establishing Regulations for the Use of the
Inland Empire Brine Line"in accordance with federal regulations, contracts and
OCSD's Ordinance; and
WHEREAS,permitted facilities located within SAWPA's SARI or Brine Line service
area (Dischargers)are contributing wastewater, which includes brine,industrial, and
domestic wastewater,to OCSD's wastewater disposal and treatment facilities under
the terms of the 1991 MOU and 1996 Agreement; and
WHEREAS,under the terms of the 1991 MOU,OCSD has authorized SAWPA as the
Delegated Control Authority to administer and conduct a Pretreatment Program in
accordance with the requirements as set forth in 40 CFR, Part 403 and SAWPA's
Ordinance No. 7 and any subsequent or successor ordinance thereto (SAWPA's
Ordinance); and
WHEREAS, Eastern Municipal Water District(EMWD), Inland Empire Utilities,
Agency(IEUA),Jurupa Community Services District(JCSD), San Bernardino Valley
Municipal Water District(Valley),San Bernardino Municipal Water Department
(SBMWD),Western Municipal Water District(WMWD), and Yucaipa Valley Water
District(YV WD) (collectively Agencies) are currently or will upon execution of this
Multijurisdictional Pretreatment Agreement(Agreement)be conducting portions of
SAWPA's Pretreatment Program; and
WHEREAS,under the terms of the 1991 MOU and 1996 Agreement, SAWPA and
each of the Agencies are required to enter into an interjurlsdictional,agreement setting
forth the respective obligations to develop, implement and enforce a pretreatment
program; and
WHEREAS, SAWPA and the Agencies intend to implement a unified and
standardized Pretreatment Program with identified roles and responsibilities, as
required by the 1991 MOU and 1996 Agreement. The Pretreatment Program will
ensure full compliance and efficient implementation with SAWPA's management and
oversight that is based on a set of uniform and consistent policies and procedures. This
Agreement will define the roles and responsibilities of the Agencies in implementing
the Pretreatment Program; and
WHEREAS,neither SAWPA nor Agency,by entering into this Agreement
relinquishes to the other,any of its independent statutory or other power and
responsibilities relative to the provisions of sewer service; promulgation,
Page 2 of 24
administration and enforcement of waste discharge requirements; or operation of its
publicly-owned sewer facilities. However,by entering into this Agreement SAWPA
and Agencies do agree to the cooperative implementation of required powers and
responsibilities for ensuring the implementation of the Pretreatment Program; and
WHEREAS,this Agreement supersedes all previous pretreatment agreements with
SAWPA in their entirety.
II. DEFINITIONS
As used in this Agreement, the following temts shall have these meanings:
A. Agency or Agencies shall mean the agencies with discharge rights to the Brine
Line: EMWD, IEUA, JCSD,Valley, SBMWD, WMWD, and YVWD. Each
Agency has a geographically defined service area. For purposes of the
responsibilities described in this Agreement,each Agency's service area excludes
the service area of another Agency that it geographically comprises.
B. Agency-Owned Facilities shall mean facilities owned entirely or partially by any
Agency including sewer system pipelines,treatment plants, and collection stations.
C. Enforcement Response Plan (ERP)shall mean a document that contains step-by-
step enforcement procedures developed and approved by SAWPA and followed by
SAWPA and Agency personnel to identify, document, and respond to violations by
a Discharger, an Industrial User(IU), Significant Industrial User(SRJ)or Liquid
Waste Hauler(LWH).
D. SA WPA's Pretreatment Program Policies,Enforcement Response Plan and
Procedures Document shall mean documents developed and approved by SAWPA
defining the Pretreatment Program requirements and policies applicable to
SAWPA and the Agencies to implement the 1991 MOU, 1996 Agreement and
SAWPA Ordinance.
E. SOP shall mean standard operating procedures. SOPS are part of SAWPA's
Procedures Document and provide Pretreatment Program implementation
guidance.
F. Discharger shall mean a facility which is directly connected to the Brine Line or
indirectly connected to the Brine Line disposing wastewater to the Brine Line or a
Page 3 of 24
Liquid Waste Hauler disposing of wastewater to the Brine Line at an Agency
Collection Station.
G. Permit shall mean a Wastewater Discharge Permit signed and issued by SAWPA.
H. Pemiittee shall mean a Discharger that has been issued a Permit signed by
SAWPA.
111. AGREEMENT
NOW,THEREFORE, Agencies and SAWPA,in consideration of the mutual promises
or performance contained in this Agreement,do hereby agree as follows:
SECTION 1. GENERAL
A. SAWPA, as the Delegated Control Authority, is responsible for the management,
oversight and administration of the Pretreatment Program for all Dischargers
tributary and discharging to the Brine Line throughout the Upper Santa Ana River
Watershed (SAWPA's service area).
B. SAWPA has primary responsibility for implementation of all aspects of the
Pretreatment Program including but not limited to permitting,monitoring,
inspection,enforcement, and reporting of all Dischargers within the SAWPA
service area. This responsibility also extends to the Agency-Owned Facilities
issued a Permit including Collection Stations, Desalters,Treatment Plants and ion
Exchange Plants that are tributary and discharging to the Brine Line.
C. Under the oversight of SAWPA,Agencies that have Dischargers tributary and
discharging to the Brine Line most fulfill the roles and responsibilities described in
this Agreement including SAWPA Delegated Control Authority activities related
to,but not limited to,permitting,monitoring, inspection, enforcement, and
reporting of all Dischargers within the Agency service area, except Agency-Owned
Facilities. Each Agency shall fully implement,and enforce within its boundaries,
all the necessary Pretreatment Program requirements as set forth in 40 CFR,Part
403, and SA WPA's Ordinance, Pretreatment Program Policies, and ERP.
Page 4 of 24
D. For Agency-Owned Facilities, the Agency must have a Permit and shall perform
self-monitoring,reporting, and all other requirements defined in the Permit issued
by SAWPA. SAWPA shall implement all other Pretreatment Program
responsibilities directly for permitted Agency-Owned Facilities.
E. SAWPA shall prepare the Pretreatment Program Policies, Procedures Document
and ERP to define the Pretreatment Program's policies,procedures and range of
enforcement response options,respectively.The Pretreatment Program Policies,
Procedures Document and ERP set forth the detailed policies and procedures for
consistent administration, implementation,and enforcement of the Pretreatment
Program by the Agencies; any deviation thereof, without the express approval of
SAWPA,is not permitted. In the event of a conflict between the Pretreatment
Program Policies and ERP,the more stringent requirement shall apply, as
determined by SAWPA's General Manager.
F. Immediate Cessation of Discharge-Where a discharge to the Brine Line
reasonably appears to present an imminent danger to public health, safety, or
welfare, or presents or may present an imminent danger to the environment or
threatens to interfere with the operation of the Brine Line or OCSD's sewerage and
disposal facilities, or could pass through or contaminate treatment plant sludge,or
prevent water reclamation,Agencies shall immediately initiate emergency action
to halt the discharge per the ERP and SAWPA Ordinance.
G. Local Limits- SAWPA will adopt pollutant specific local limits as stringent as
necessary to protect the regional water quality and treatment and disposal facilities.
The Agencies shall implement and enforce pollutant specific local limits as
specified in 40 CFR, Part 403, SAWPA's Ordinance, Pretreatment Program
Policies,Procedures Document and ERP for those Dischargers tributary to the
Brine Line within the Agency service area.
H. Agencies may adopt additional or more stringent local limits to protect the
Agency-Owned Facilities.
1. SAWPA is responsible for identifying and permitting Dischargers subject to the
Pretreatment Program. Agencies shall prepare and maintain an updated industrial
user inventory by identifying Dischargers requiring Permits in accordance with the
requirements set forth in 40 CFR,Part 403, SAWPA's Ordinance, and
Pretreatment Program Policies and Procedures Document.
Page 5 of 24
J. Agencies shall have in place the staffing and resources necessary, including
fanding, to fully plan,manage and execute the required SAWPA delegated work
described by the mandates of the Pretreatment Program specified in the 40 CFR,
Part 403, SAWPA's Ordinance,ERP, Pretreatment Program Policies, and
Procedures Document. If an Agency fails to take appropriate action in executing
its role and responsibilities in a timely manner as required by SAWPA, SAWPA
and the Agency shall meet and confer to identify the cause of the failure and/or
deficiency,identify corrective actions and establish a schedule to complete
identified corrective actions. SAWPA at its sole discretion may limit or terminate
the Agency's role and responsibilities in the implementation of delegated
Pretreatment Program work and may implement and perform the required actions
directly to ensure compliance at the Agency's cost. In this case, the Agency shall
reimburse SAWPA the costs of performing the tasks and additional administrative
charges incurred by SAWPA.
K. Audits of Agencies- SAWPA will conduct once every two years or at a frequency
it deems necessary an audit of the Agencies to evaluate compliance with 40 CFR,
Part 403, SAWPA's Ordinance, Pretreatment Program Policies,Procedures
Document and ERP. SAWPA will issue a written record of the audit and its
findings.Upon issuance,Agencies shall respond to the audit findings and take any
corrective actions necessary to remedy any deficiencies found during the audit and
implement proactive measures to prevent a recurrence. For any longer duration
corrective action (over 90 days),a Corrective Action Plan shall be used to establish
and track interim milestones to meet the overall corrective action schedule. At
SAWPA's discretion, additional Agency audits or inspections may be conducted to
evaluate any component or activity of the Pretreatment Program performed by
Agency.
L. Public Notice-Any required Pretreatment Program-related public notices shall be
approved by SAWPA prior to issuance.
M. Agency costs-Each Agency shall be responsible for bearing its own costs for the
conduct of the Pretreatment Program, and it is not envisioned that SAWPA will
reimburse any such Agency costs.
N. Prohibition of Discharge Service to Sources Outside of SAWPA Service Area—
Permitting of any access to the Brine Line for wastewater originating outside of the
SAWPA service area,by any Agency for any user,Discharger,or any other
governmental or private entity is prohibited without the prior written approval of
SAWPA and OCSD.
Page 6 of 24
O. Records and Data Management—Each Agency agrees to provide SAWPA with
access to all records compiled as part of the Agency's Pretreatment Program
activities related to all discharges tributary to the Brine Line. SAWPA is
implementing a Pretreatment Program Data Management System that will serve as
a commonly accessible repository for all data collected in implementing the
Pretreatment Program. The system will be accessible to SAWPA and the
Agencies. Each Agency shall ensure that all appropriate data is promptly loaded to
this Data Management System,verified for completeness and accuracy to ensure
Pretreatment Program management, implementation and reporting.
P. Restricted Discharges to the Brine Line-The discharge of stormwater is not
authorized except as allowed for in SAWPA's Ordinance. Agencies shall make
reasonable efforts to ensure that stomtwater is not discharged to the Brine Line by
any public or private entity and that direct or indirect discharges of reclaimable
wastewater are minimized.
Q. Remedies for Breach- SAWPA has the right to take actions identified in the
Ordinance including legal action,to enforce the terms of this Agreement. SAWPA
has the right to take action directly against noncompliant Dischargers in the event
that an Agency is unable or unwilling to do so.
R. Each Agency shall comply with, and assure Pretreatment Program compliance
with the 1991 MOU and the 1996 Agreement and any amendments or successors
to them through compliance with this Agreement,40 CFR Part 403, SAWPA's
Ordinance, Pretreatment Program Policies,Procedures Document, and ERP, and
any other policies or procedures required by SAWPA.
S. All non-emergency communications from Agencies directed at OCSD shall be
conducted through SAWPA.
SECTION 2. LEGAL AUTHORITY
A. SAWPA is a Joint Powers Authority(JPA)per Section 6500 of the State
Government Code and delegated a Control Authority by OCSD to administer the
implementation of the Pretreatment Program for all Dischargers tributary to the
Brine Line in accordance with the 1991 MOU and 1996 Agreement.
B. SAWPA adopted Ordinance No.7 on October 15, 2013,and intends to adopt a
revised ordinance to incorporate or address additional federal and regional
Page 7 of 24
Pretreatment program requirements,or make clarifications or other appropriate
changes. SAWPA will maintain sufficient legal authority to implement the
Pretreatment Program by amendments to the Ordinance as required. SAWPA will
prepare and conduct any public hearings and notices required for the development
and adoption of any ordinance revision.
C. Agencies shall adopt the SAWPA Ordinance without changes except those
otherwise non-substantive changes required to conform the ordinance to the
adopting Agency, and shall adopt subsequent amendments or successor ordinances
within 60 days of SAWPA's adoption. The Agency's adopted ordinance shall be
no less stringent than SAWPA's Ordinance.
D. Each Agency hereby designates SAWPA as its agent for the purposes of
implementation and enforcement of the Agency's ordinance, and SAWPA
designates each Agency as SAWPA's agent for purposes of implementing and
enforcing SAWPA's Ordinance,against Dischargers located in that Agency's
service area. SAWPA and any Agency may take any action under the other's
ordinance that could have been taken by the Agency,including the enforcement of
the Ordinance in courts of law.
E. If the authority of SAWPA to act as an agent for an Agency under this Agreement
is challenged by a Discharger,in a court of law or otherwise, the Agency shall take
any actions reasonably necessary to ensure the implementation and enforcement of
the Agency's ordinance and SAWPA Ordinance against a Discharger.
SECTION 3. PERMITTING
A. Each Agency shall implement, as delegated by SAWPA, all the permitting and
relevant policies and procedures defined and set forth by SAWPA including but
not limited to compliance with the SAWPA Ordinance,40 CFR, Part 403
requirements,Pretreatment Program Policies, ERP,Procedures Document, SOPS,
schedules and timelines, forms,document templates,records and document
management,data management,and quality control.
B. Each Agency shall require that all Dischargers in the Agency's service area that
are seeking or renewing a Permit shall obtain, complete, and file a permit
application with SAWPA or with Agency on behalf of SAWPA in accordance with
the provisions of the SAWPA Ordinance, Pretreatment Program Policies and
Procedures Document.
Page 8 of 24
C. Upon receiving a Permit application,an Agency shall be responsible for
conducting pre-permit inspection(s),preparing an accurate and concise draft
Permit Fact Sheet and a draft Permit,and all the relevant supporting documents,
submitting the draft Permit Fact Sheet and draft Permit to SAWPA for review,
responding to comments on the draft documents, and submitting the final Permit
and final Permit Fad Sheet to SAWPA. The Agency shall deliver the complete
draft Permit and draft Permit Fact Shed to SAWPA for review no later than 45
calendar days prior to the Permit expiration date and in accordance with the
requirements set forth in the SAWPA Ordinance,40 CFR 403, Procedures
Document, and Pretreatment Program Policies.
D. SAWPA will finalize the Permit and Permit Fact Sheet and will submit to OCSD
in accordance with the requirements outlined in the 1991 MOU to obtain OCSD's
Permit concurrence.
E. SAWPA will sign and issue Permits for all Dischargers tributary and discharging
to the Brine Line and provide Permit approval and SAWPA General Manager or
designee signature. Agencies may also sign permits for non-agency owned
facilities that are Dischargers to the Brine Line. This dual signature recognizes the
joint role SAWPA and the Agencies have in administering the Permit. Agencies
agree that under no circumstances will any Discharger or proposed Discharger be
allowed to discharge wastewater into the Brine Line without a Permit reviewed by
OCSD and approved, signed and issued by SAWPA.
F. SAWPA or Agency will deliver the fully executed Permit to the Discharger by or
prior to the effective date of the Permit.
G. For Agency-Owned Facilities,Agency will prepare and submit to SAWPA the
Permit application as required from all Dischargers. SAWPA will process the
permit application for Agency-Owned Facilities in the manner described above.
SAWPA will be the sole signatory on the Permit and will deliver the Permit to the
Agency.
SECTION 4. SAMPLING, INSPECTIONS AND MONITORING
A. Unless directed otherwise by SAWPA,Agencies shall perform all required
sampling,inspection,or monitoring specified by SAWPA to comply with the
Pretreatment Program requirements, SA WPA's Ordinance, Pretreatment Program
Policies, Procedures Document and ERP. The sampling, inspection and monitoring
may include but are not limited to sampling,inspection and flow monitoring of the
Page 9 of 24
Dischargers,data review and compliance assessment,enforcement follow-up,
compliance investigation, and sampling for billing purposes(currently BOD,TSS,
and hardness)or any other Pretreatment Program-related field work requested by
SAWPA. SAWPA's Pretreatment Policies and Procedures Document describe
certain required Permittee self-monitoring. An Agency may at its discretion
perform any required self-monitoring on behalf of the Discharger.
B. Agencies shall review all sampling,inspection;monitoring data such as sampling
data and pollutant analyses,inspection reports, self-monitoring data,flow metering
data, all other relevant information collected from each Discharger by Agencies for
compliance with Permit requirements and shall report to SAWPA on a periodic
basis as specified in the Pretreatment Program Policies and Procedures Document,
and upon SAWPA's request.
C. For Agency-Owned Facilities, SAWPA shall perform all required sampling,
inspection,or monitoring required to comply with the Pretreatment Program,
except that Agencies shall perform all self-monitoring as specified in the Permit.
The sampling,inspection and monitoring may include but is not limited to
sampling, inspection and flow monitoring of the Agency Owned Facilities'
discharge, enforcement follow-up,compliance investigation, and sampling for
billing purposes (currently BOD,TSS,and hardness).
D. SAWPA may,without notice to the Agency, conduct sampling and inspections of
any Discharger or at any discharge point located within the Agency's jurisdiction,
or at any point along the Brine Line, as it deems necessary. Except in an
emergency and for Agency-owned Facilities, SAWPA shall notify the Agency of
the intended sampling or inspection as early as possible but not less than 24 hours
in advance in order to afford the Agency an opportunity to have a representative
present. Such notice may be oral or written. SAWPA may direct that the
monitoring or inspection not he communicated to the Discharger.
E. Where a discharge to the Brine Line reasonably appears to present an imminent
danger to public health, safety,or welfare, or presents or may present an imminent
danger to the environment or threatens to interfere with the operation of the Brine
Line or OCSD sewerage system, SAWPA General Manager may immediately take
any necessary steps including but not limited to any sampling and inspection to
identify the source of the discharge and halt the discharge.
Page 10 of 24
SECTION 5. ENFORCEMENT
A. SAWPA is responsible for enforcing the Pretreatment Program's requirements
within the SAWPA service area. The Agencies' roles and responsibilities are
defined per requirements and guidelines set forth in the SAWPA Ordinance,
Pretreatment Program Policies,Procedures Document, and ERP, including but not
limited to screening and identifying the Pretreatment Program violations,issuing
appropriate enforcement actions and taking the necessary follow-up actions as
specified in the SAWPA Ordinance and ERP.
B. SAWPA and Agencies shall take appropriate enforcement corrective action per
SAWPA's Ordinance, Pretreatment Program Policies, and ERP to eliminate
Discharger non-compliance.
C. SAWPA grants Agencies the authority to initiate and manage enforcement.
activities in accordance with the SAWPA Ordinance and ERP and any other
appropriate policies where applicable. Where it deems necessary, SAWPA has the
authority at its sole discretion to take over any enforcement action against a non-
compliant Discharger. Agencies shall provide notification of recommended
enforcement actions and obtain SAWPA's approval and signature of General
Manager or designee for any enforcement actions associated with major violations
and persistent non-compliance as defined in the ERP.
D. SAWPA and Agencies will determine Significant Non-Compliance(SNC) as
defined by the requirements of 40 CFR,Part 403 and SAWPA's Ordinance for
Dischargers within Agency's service area. SAWPA will review and verify the
determination per the Pretreatment Program Policies,Procedures Document,and
ERP and will take appropriate action.
E. For Agency-Owned Facilities, SAWPA will determine Significant Non-
Compliance(SNC) as defined by the requirements of 40 CFR,Part 403 and
SAWPA's Ordinance and will take appropriate action.
F. In the event that an Agency fails to comply with any requirements set forth in the
SAWPA Ordinance, ERP, Policies and Procedures Document in its
implementation of the Pretreatment Program in accordance with 40 CFR 403,
SAWPA may direct the Agency to complete enforcement actions or SAWPA may
exercise its authority to execute its responsibilities at the Agency's expense.
SAWPA and the Agency shall meet and confer to identify the cause of the failure
and/or deficiency, identify corrective actions and establish a schedule to complete
Page 11 of 24
identified corrective actions to ensure compliance with Pretreatment Program
requirements. SAWPA at its sole discretion may limit or terminate the Agency's
enforcement role and responsibilities in the implementation of delegate
Pretreatment Program work and may implement and perform the required
enforcement actions directly to ensure compliance at the Agency's cost. In this
case,the Agency shall reimburse SAWPA the costs of performing the enforcement
tasks and additional administrative charges incurred by SAWPA.
G. SAWPA will take necessary actions or issue orders to Agencies to address any
enforcement action taken by OCSD,any regulatory agency,or third party due to
implementation of the Pretreatment Program. Agency shall pay to SAWPA all
reasonable costs,penalties or fees incurred by SAWPA as a result of the Agency's
failure to comply with the SAWPA Ordinance, Pretreatment Program Policies,
ERP and Procedures Document requirements. These costs shall include but not be
limited to any fees,penalties, cost of repair, investigation, and SAWPA's
administrative overhead.
H. For Agency-Owned Facilities,SAWPA will take action in accordance with its
Ordinance, ERP,Policies,Procedures Document and the Wastewater Discharge
Permit,for non-compliance with Permit requirements and conditions.
SECTION 6. REPORTING
A. Agencies shall maintain files of all Dischargers' pertinent information including
but not limited to permitting,sampling, inspection, flow monitoring, compliance
and enforcement documents as defined in the Pretreatment Program Policies,
Procedures Documents and ERP. Upon SAWPA's request, Agencies shall provide
to SAWPA full access to such files. Upon SAWPA notice of completion of its data
management system,Agencies shall upload to the data management system
necessary information as required by SAWPA.
B. Agencies shall manage files and data to allow SAWPA to prepare and submit
monthly,quarterly, semi-annual, and annual reports in a manner to meet the OCSD
reporting requirements and timeline including water quality,permitting, sampling,
inspection,enforcement, monitoring data, and other information as required by
SAWPA. Reporting requirements, schedules, and timelines are contained in the
Pretreatment Program Policies, Procedures Document and ERP.
Page 12 of 24
C. Certification of Report Information. Agencies shall certify reports provided to
SAWPA per 40 CFR Part 403, SAWPA's Ordinance, and Pretreatment Program
Policies requirements.
SECTION 7. INDEMNITY
A. Each Agency hereby indemnifies SAWPA for all damage, fines and costs incurred
by SAWPA as a result of wastewater discharge from the Agency's service area
including but not limited to fines,fees,penalties, charges,including those imposed
by OCSD, a regulatory agency,or a court of law,or costs incurred by SAWPA,
directly or passed through firm OCSD or any other entities,resulting from injury
to personnel, damage to facilities,disruption of treatment processes or operations,
degradation of sludge quality,NPDES permit violations, and other air,water, and
sludge quality violations.
B. SAWPA hereby indemnifies each Agency for all damages, fines and costs incurred
by the Agency, imposed by a regulatory agency or a court of competent
jurisdiction, arising out of the implementation of the Pretreatment Program and
due solely to the negligence of SAWPA, including but not limited to fines,fees,
penalties,charges or costs resulting from injury to agency personnel,damage to
agency facilities, disruption of treatment processes or operations, and other air and
water quality violations.
SECTION 8.NOTICE
Except as otherwise provided herein, all notices and other communications required or
permitted hereunder shall be in writing,and shall be delivered in person, electronic
telecommunication (e.g. E-mail or Fax),or sent by registered mail or certified mail,
return receipt requested,and shall be deemed received upon actual receipt or 72 hours
after deposit in the mail of the United States Postal Service,postage prepaid and
addressed as follows:
To SAWPA:
Santa Ana Watershed Project Authority(SAWPA)
Attention: General Manager
11615 Sterling Avenue
Riverside, CA 92503
(951)354-4220
(951) 785-7076 (fax)
Page 13 of 24
To Agencies:
Eastern Municipal Water District(EMWD)
Attention: General Manager
2270 Trumble Road
Perris, CA 92570
(951)928-3777
(951)927-6177(fax)
Inland Empire Utilities Agency(IEUA)
Attention: General Manager
6075 Kimball Avenue
Chino,CA 91710
(909) 993-1600
(909) 597-8875 (fax)
Jurupa Community Services District(JCSD)
Attention: General Manager
11201 Harrel Street
Jurvpa Valley,CA 91752
(951)685-7434
(951)685-1153 (fax)
Western Municipal Water District(WMWD)
Attention: General Manager
14205 Meridian Parkway
Riverside, CA 92518
(951) 571-7100
(951)571-0590(fax)
San Bernardino Municipal Water Department(SBMWD)
Attention: General Manager
300 N. D Street—5'n Floor
San Bernardino,CA 92418
(909) 384-5141
(909) 384-5158 (fax)
Page 14 of 24
San Bernardino Valley Municipal Water District(Valley)
Attention: General Manager
380 E. Vanderbilt Way
San Bernardino,CA 92408
(909)397-9200
(909)387-9247(fax)
Yucaipa Valley Water District(YVWD)
Attention: General Manager
P.O. Box 730
Yucaipa,CA 92399
(909) 797-5117
(909)797-6381 (fax)
SECTION 9. AMENDMENTS AND MODIFICATIONS
Except as provided in Section 10 below,the terms of this Agreement may be amended
only in writing executed by all of the signatories hereto. SAWPA and the Agencies
shall review and revise this Agreement as necessary at least once every three years
from the effective date. Notwithstanding amendments to this Agreement, compliance
with the Federal Clean Water Act(42 U.S.C. Section 1251 et. seq.) and rules and
regulations(40 CFR Part 403),including amendments thereto, is continuously
required.
SECTION 10.TERMINATION
This Agreement will remain in effect unless terminated by SAWPA or by all of the
Agencies. SAWPA may terminate this Agreement in its entirety or with respect to any
of the Agencies by providing 90 days written notice to the affected Agencies. Any
Agency may terminate its participation in this Agreement by providing 90 days written
notice to SAWPA. All benefits and obligations under this Agreement will cease as to
the terminating Agencies on the 91'day following such notice if the notice is not
earlier withdrawn.
Page 15 of 24
SECTION 11. SEVERABILITY
If any term of this Agreement is held to be invalid in any judicial action,the remaining
terms will be unaffected.
SECTION 12. RIGHTS AND RESPONSIBILTIES OF ORANGE COUNTY
SANITATION DISTRICT RETAINED
The parties to this Agreement understand and agree that OCSD retains its rights and
responsibilities as defined in the 1991 MOU and 1996 Agreement. This Agreement in
no way diminishes the effectiveness or reduces the scope of the 1991 MOU and 1996
Agreement.
Page 16 of 24
Inland Empire Brine Line
Multijurisdicdonal Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
EASTE M TPAL WATER DJS�1�T//off
BY
Name Philip p_ Paule
Title prawn hoard President
Date January 11 , 2014
Page 17 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof.this Agreement is executed as follows:
INLAND UTILITIES AGENCY
i
By
Name
Title `X"("\ Mo.'ro.4f.Y
Date �ko�,r 201n3
Page 18 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
JURUPA COMMUNITY SERVICES DISTRICT
By
Name Robert Craig
Title Board President
Date November 25, 2013
ATTEST:
Jul' FF-,13ba, Boar Secretary
Page 19 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
SAN BERNARD LEY MUNICIPAL WATER DISTRICT
B �_
Y
Name C. Patrick Milligan
Title. Board President
Date November 5 2013
II
I
Page 20 of 24
j
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
SAN BERNA��RDDIINO MUNICIPAL WATER DEPARTMENT
BY �LGH, G(�d�iA'06i—
cl
Name � .4dS Ade
��
Title (Mn(/XJ AAnAg h—
Date
�l
Page 21 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
SANTA ANA WATERSHED PROM T AUTHORITY
By
Name DO?:ALD D.GALLEANO
Title ACTING CHAIR
Date OCTOBER 15 2013
Page 22 of 24
Inland Empire Brine Line
Multijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
WESTERN MUNICIPAL WATER DISTRICT
BY �s
Name THOMAS P. EVANS
Title President
Date November 20. 2013
Page 23 of 24
Inland Empire Brine Line
Muliijurisdictional Pretreatment Agreement
In Witness Thereof,this Agreement is executed as follows:
YUCAIPA VALLEY WATER DISTRICT
By�
Name oseph B. Zoba
Title General Manager
Date December 10, 2013
Page 24 of 24
SAWPA PRETREATMENT PROGRAM
Procedures
Appendix 1 -5
Ordinance No. 7
SAWPA Pretreatment Program Procedures
November 7, 2013
Santa Ana Watershed Project Authority
ORDINANCE NO. 7
An Ordinance Establishing Regulations for the Use of the
Inland Empire Brine Line
formerly Santa Ana Regional Interceptor (SARI)
(Superseding Ordinance No. 6)
FrSAWPA
October 15, 2013
I ORDINANCE NO. 7
2
3 AN ORDINANCE OF THE SANTA ANA WATERSHED PROJECT AUTHORITY
4 ESTABLISHING REGULATIONS FOR THE USE OF THE
5 INLAND EMPIRE BRINE LINE
6 FORMERLY KNOWN AS
7 SANTA ANA REGIONAL INTERCEPTOR
8
9 BE IT ORDAINED BY THE COMMISSION OF THE
10 SANTA ANA WATERSHED PROJECT AUTHORITY
11 AS FOLLOWS:
12
13
14 PREAMBLE
15
16
17 ARTICLE 1
18 GENERAL PROVISIONS
19
20 101.0 Purpose and Policy
21 102.0 Authorization
22 103.0 Definitions
23 104.0 Administration
24 105.0 Notice
25 106.0 Confidentiality
26 107.0 Time Limits
27
28
29
30 ARTICLE 2
31 GENERAL PROHIBITIONS AND
32 LIMITATIONS ON DISCHARGES
33
34 201.0 Prohibited Waste Discharges
35 202.0 Dilution Prohibited as a Substitute for Treatment
36 203.0 Limitations on Groundwater, Surface Runoff, and Subsurface
37 Drainage
38 204.0 Limitations on Unpolluted Water
39 205.0 Limitations on Domestic Wastewater and Septage Waste
40 206.0 Limitations on Point of Discharge
41 207.0 Limitations on the Use of Grinders
42 208.0 Limitations on Biochemical Oxygen Demand(HOD)
43 209.0 Limitations on Infectious Waste Disposal
44 210.0 Limitations on Disposal of Waste Solutions and Sludges
45 211.0 Slug Discharges
46
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1
2 ARTICLE 3
3 WASTEWATER DISCHARGE CONTRACTS
4 USER CHARGES AND FEES
5
6 301.0 Introduction
7 302.0 Wastewater Discharge Contract Between SAWPA and a Member
8 Agency or Contract Agency
9 303.0 Wastewater Discharge Contracts Between a Member Agency and a
10 User of the Brine Line or Tributaries Thereto
11 304.0 User Charges and Fees
12
13
14
15 ARTICLE 4
16 WASTEWATER DISCHARGE PERMITS
17
18 401.0 Introduction
19 402.0 Wastewater Discharge Permits
20 403.0 Permit Duration
21 404.0 Duty to Comply
22 405.0 Permit Renewal,Extension and Fees
23 406.0 Permit Modifications
24 407.0 Permit Transfer or Assignment
25 408.0 Wastewater Discharge Capacity Contract Rights
26 409.0 Operational Emergency Discharge
27 410.0 Liquid Waste Hauler Permits
28 411.0 Collection Stations
29 412.0 Groundwater, Surface Runoff, and Subsurface Drainage
30 413.0 Wastewater from Outside the SAWPA Brine Line Service Area
31
32
33
34 ARTICLE 5
35 MONITORING,REPORTING,INSPECTION,
36 AND FACILITY REQUIREMENTS
37
38 501.0 Monitoring and Reporting
39 502.0 Inspection
40 503.0 Inspection Warrants
41 504.0 Record Keeping
42 505.0 Flow Measurement
43 506.0 Interceptor Requirements
44 507.0 Standard Interceptor Designs
45 508.0 Interceptor Maintenance
46 509.0 Liquid Waste Haulers
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1 510.0 Use of and Damage to SAWPA Equipment or Facilities
2 511.0 Separation of Domestic and Industrial Waste
3 512.0 Limitations on Wastewater Strength
4 513.0 Local Limits
5 514.0 Pretreatment of Industrial Wastewaters
6 515.0 Unauthorized Monitoring and Pretreatment Equipment
7 Modifications
8 516.0 Pretreatment Equipment Bypass
9 517.0 Prohibited Discharge of Recovered Pretreatment Waste
10 518.0 Industrial User Modifications
11 519.0 Spill Containment Systems
12 520.0 Facility Waste Management Plan
13 521.0 Federal Categorical Pretreatment Standards
14 522.0 Notice of Potential Problems to POTW
15 523.0 Written Responses
16 524.0 Falsifying Information
17
18
19 ARTICLE 6
20 ENFORCEMENT
21
22 600.0 Purpose and Scope
23 601.0 Enforcement Response Plan (ERP)
24 602.0 Administrative Violations
25 603.0 Violations of Discharge Limitations
26 604.0 Unclassified Violations
27 605.0 Separate Violations
28 606.0 Administrative Orders
29 607.0 Wastewater Discharge Permit Revocation
30 608.0 Termination of Service
31 609.0 Annual Publication Notice
32 610.0 Administrative Complaint
33 611.0 Emergency Suspension
34 612.0 Civil Liability for Violations
35 613.0 Criminal Penalties
36 614.0 Legal Action
37 615.0 Supplemental Enforcement Actions
38 616.0 Remedies Nonexclusive
39 617.0 Payment of Fees, Charges, and Penalties
40 618.0 Damage to Facilities or Interruption of Normal Operations
41 619.0 Appeals
42 620.0 Alternative Enforcement Procedures
43 621.0 Invalidity
44 622.0 Interpretation-Intent
45
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1 ARTICLE 7
2 SEVERABILITY
3
4 700.0 Severability
5 701.0 Effective Date
6 702.0 Judicial Review of Ordinance
7
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1 I. PREAMBLE
2
3 The Santa Ana Watershed Planning Agency was formed in 1968 to develop a long-range plan
4 for managing,preserving,and protecting the quality of the water supplies in the Santa Ana River
5 Basin. After development of the long-range plans,the Santa Ana Watershed Project Authority
6 (SAWPA) was formed to implement the Planning Agency's recommendations. SAWPA's
7 programs include the planning,financing,construction and operation of projects that relate to
8 the water quality and quantity in the Santa Ana River Basin.
9
10 Various federal, state and local regulatory agencies have established goals and standards to
11 assure that the highest quality water is made available to the people in the Santa Ana River
12 Basin. In order to enhance and improve the quality of water in the Santa Ana River Basin and to
13 ensure compliance with goals and standards set by the regulatory agencies, SAWPA has
14 implemented many projects to remove contaminates,mainly high saline waters,from the water
15 supplies. One of the main facilities constructed for this purpose is the Inland Empire Brine Line
16 (Brine Line) formerly(mown as the Santa Ana Regional Interceptor(SARI) sewer. This line
17 transports highly saline wastewater from the watershed to the Orange County Sanitation District
18 (OCSD) for treatment and disposal to the Pacific Ocean. This isolation of saline wastewater
19 prevents contamination of the Santa Ana River from the commingling of these wastewaters with
20 the river water. The use of the Brine Line enables the delivery of higher quality potable water to
21 the Users of the Santa Ana River Basin waters,particularly in the lower elevations of the basin
22 in the Orange County area.
23
24 SAWPA recognized the need to control the quality of waters in the basin as well as wastewaters
25 discharged to the Brine Line and adopted Ordinance No. 1 in May 1982. The purpose of the
26 ordinance was to establish the maximum benefit from the use of the Brine Line by providing
27 procedures to ensure compliance with the requirements placed upon SAWPA by regulatory
28 agencies and SAWPA's contractual agreements with OCSD.
29
30 Upon the effective date of this Ordinance No. 7,Ordinance No. 6,including any amendments
31 thereto, shall be repealed and superseded by this Ordinance.
32
33
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1 ARTICLE I
2 GENERAL PROVISIONS
3
4 101.0 PURPOSE AND POLICY.
5
6 The purpose of this Ordinance is to provide for the maximum benefit from the use of the Santa
7 Ana Watershed Project Authority's (SAWPA) facilities. This shall be accomplished by
8 regulating the use of the Inland Empire Brine Line(Brine Line)formerly known as Santa Ana
9 Regional Interceptor(SARI)sewer system and tributaries thereto and the wastewater discharged
10 to this sewer system, by providing for the distribution of the costs of the construction,
11 administration,operation and maintenance of the system,and by providing procedures that will
12 allow SAWPA to comply with all regulatory requirements imposed upon SAWPA by contract
13 requirements and by federal, state, and local agencies.
14
15 SAWPA recognizes Orange County Sanitation District's (OCSD's) authority and
16 responsibilities as defined by Federal Pretreatment Regulations (40 CFR 403) including their
17 role as the Control Authority. As such, SAWPA is committed to providing Pretreatment
18 Program services in accordance with Federal Pretreatment Program Requirements, this
19 Ordinance,the 1991 MOU and 1996 Agreement. SAWPA will fiuther ensure consistency in the
20 implementation of the pretreatment requirements to conform, as appropriate, to the Program
21 adopted by the Control Authority.
22
23 In order to conform to limitations and requirements from regulatory agencies, SAWPA must
24 regulate the discharge of wastewater into the Brine Line. This Ordinance shall apply to all
25 Direct or Indirect Users that discharge wastewater tributary to the Brine Line.
26
27 A. This Ordinance shall provide for the regulation ofwastewater discharges into the
28 Brine Line in accordance with the Federal Government's objectives of general pretreatment
29 regulations as stated in Section 403.2 of Title 40 of the Code of Federal Regulations (CFR)
30 which are for the following purposes:
31
32 1. To prevent the introduction of pollutants into the Brine Line that will interfere
33 with the operation of the Orange County Sanitation District's(OCSD)Publicly Owned
34 Treatment Works(POTW),including interference with its use or disposal of municipal
35 biosolids;
36
37 2. To prevent the introduction of pollutants into OCSD's POTW which will Pass
38 Through the treatment works,inadequately treated,to the receiving waters or otherwise
39 be incompatible with such works;
40
41 3. To improve opportunities to recycle and reclaim municipal and industrial
42 wastewaters and biosolids;
43
44 4. To enable SAWPA to comply with requirements from the Federal
45 Environmental Protection Agency and OCSD and any other federal or state laws to
46 which SAWPA and/or OCSD's POTW is subjected;
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1 5. To enable SAWPA to control the privileges to any use of the Brine Line and
2 tributaries thereto;
3
4 6. To protect and preserve the health and safety of the citizens and personnel of
5 SAWPA,OCSD, and contracted agencies; and
6
7 7. To prevent the introduction of pollutants that obstruct flows within the Brine
8 Line or otherwise cause or contribute to sanitary sewer overflows and to comply with the
9 provisions of State Water Resources Control Board(SWRCB)adopted Order No.2006-
10 0003,a General Waste Discharge Requirement(WDR)for all publicly owned sanitary
11 sewer collection systems in California with more than one(1)mile of sewer pipe.
12
13 B. This Ordinance shall apply to all Direct or Indirect Users of the Brine Line and
14 tributaries thereto. This Ordinance authorizes:
15
16 1. The issuance of waste discharge permits;
17
18 2. Monitoring,compliance, and enforcement activities;
19
20 3. Brine Line contribution plan check services;
21
22 4. User reporting requirements;
23
24 5. The establishment of fees; and
25
26 6. The equitable distribution of costs resulting from the program established herein.
27
28 C. This Ordinance shall be administered by the General Manager of SAWPA,under
29 the control and direction of the SAWPA Commission.
30
31 D. This Ordinance implements the provisions of the 1991 Memorandum of
32 Understanding between OCSD and SAWPA "Governing Quality Control of Wastewaters
33 Discharged" (1991 MOU) to the Brine Line and the 1996 Agreement between OCSD and
34 SAWPA"Wastewater Treatment and Disposal Agreement"(1996 Agreement).This Ordinance
35 is intended to be at least as protective of OCSD's facilities as OCSD's Wastewater Discharge
36 Regulations, Ordinance No. 39, or its successors. SAWPA issued Wastewater Discharge
37 Permits shall require compliance with both this Ordinance and OCSD's Ordinance No.39,and
38 should require that in the event of any substantive conflict between the ordinances the stricter
39 provisions shall apply.
40
41 102.0 AUTHORIZATION. This Ordinance is enacted pursuant to the authorization of the
42 Municipal Water District Law of 1911,California Water Code Section 71000 et seq.,California
43 Government Code Section 6500 et seq.,the Clean Water Act(33 U.S.C. 1251 et seq.)and the
44 General Pretreatment Regulations (40 C.F.R. 403).
45
46
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1 103.0 DEFINITIONS.Unless otherwise defined herein,terms pertaining to water quality shall
2 be as adopted in the latest edition of Standard Methods for the Examination of Water and
3 Wastewater published by the American Public Health Association,the American Water Works
4 Association, and the Water Environment Federation. Unless otherwise defined herein,terns
5 pertaining to construction and building shall be defined as being the same as set forth in the
6 International Conference of Building Officials Uniform Building Code,current edition.Unless
7 the context specifically indicates otherwise or as previously indicated,the meaning ofthe terms
8 used in this Ordinance shall be as follows:
9
10 A. Analytical Methods shall mean the sample analysis techniques prescribed in 40
11 CFR Part 136 and amendments thereto unless otherwise specified in an applicable categorical
12 Pretreatment Standard.If 40 CFR Part 136 does not contain sampling or analytical techniques
13 for the pollutant in question,or where the EPA determines that Part 136 sampling and analytical
14 techniques are inappropriate for the pollutant in question, sampling and analysis shall be
15 performed using validated analytical methods or any other applicable sampling and analytical
16 procedures approved by SAWPA,including procedures suggested by SAWPA or other parties
17 as approved by the EPA.
18
19 B. Authorized Representative shall mean:
20
21 a. A responsible corporate official, if the User submitting the required
22 documents is a corporation, of the level of president, secretary, treasurer, or vice
23 president in charge of a principal business function, or any other Person who
24 performs similar policy or decision making functions for the corporation; or the
25 manager of one or more manufacturing,production,or operating facilities,provided
26 the manager is authorized to make management decisions that govern the operation
27 of the regulated facility including having the explicit or implicit duty of making
28 major capital investment recommendations, and initiating and directing other
29 comprehensive measures to assure long-term environmental compliance with
30 environmental laws and regulations, and ensuring that the necessary systems are
31 established or actions taken to gather complete and accurate information for
32 Wastewater Discharge Permit requirements;and where authorityto sign documents
33 has been assigned or delegated to the manager in accordance with corporate
34 procedures; or
35
36 b. A general partner or proprietor if the User submitting the required documents
37 is a partnership or sole proprietorship respectively; or
38
39 c. A director or highest official appointed or designated to oversee the
40 operation and performance of the activities of the facility, or their designee, if the
41 User is a Federal, State, or local governmental facility.
42
43 d. A duly authorized representative of the individual designated in subsection
44 (a) and(b), if;
45
46 1. The authorization is made in writing by the individual designated in
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1 subsection(a), (b)and (c); and
2
3 2. The authorization specifies either an individual or a position having
4 responsibility for the overall operation of the facility from which the industrial
5 discharge originates, such as the position of plant manager, or a position of
6 equivalent responsibility, or having overall responsibility for environmental
7 matters for the company; and
8
9 3. The written authorization is submitted to the General Manager of
10 SAWPA.
11
12 e. If an authorization under paragraph (a) and (b) of this section is no longer
13 accurate because a different individual or position has responsibility for the overall
14 operation of the facility,or overall responsibility for environmental matters for the
15 company,a new authorization satisfying the requirements ofpamgraph(a)and(b)of
16 this section must be submitted to the General Manager prior to or together with any
17 reports to be signed by an authorized representative.
18
19 C. Batch Discharge shall mean any SAWPA approved intermittent discharge of
20 pollutants from sources such as,but not limited to,process tanks,holding tanks,rinse tanks,or
21 treatment systems.
22
23 D. Best Management Practices (BMPs) shall mean schedules of activities,
24 prohibitions of practices, maintenance procedures, and other management practices to
25 implement the prohibitions listed in 40 CFR 403.5(a)(1)and(b). BMPs also include treatment
26 requirements,operating procedures and practices to control plant site run-off,spillage or leaks,
27 sludge or waste disposal, or drainage from raw material storage.
28
29 E. Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen,
30 expressed in mgll. required to biologically oxidize material in a waste or wastewater sample
31 measured under approved laboratory methods of five(5)days at twenty degrees Celsius(20 Q.
32
33 F. Bypass shall mean the intentional diversion of wastestreams from anypoint of a
34 User's pretreatment facility.
35
36 G. Business Day shall mean a SAWPA scheduled business day.
37
38 H. Capacity Unit shall equal 10,000 gallons per day of discharge right.
39
40 I. Categorical Industrial User shall mean an Industrial User subject to a
41 categorical Pretreatment Standard or categorical Standard which is a regulation containing
42 pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b)and(c)
43 of the Clean Water Act (33 U.S.C.4317) that apply to a specific category of users and that
44 appear in 40 CFR Chapter I, Subchapter N,Parts 405-471.
45
_g_
I J. Chemical Oxygen Demand (COD) shall mean the quantity of oxygen,
2 expressed in mg1l, required to chemically oxidize material in a waste or wastewater sample,
3 under specific conditions of an oxidizing agent, temperature, and time. COD results are not
4 necessarily related to BOD results.
5
6 K. City Collection System Not used.
7
8 L. Class I User Not used.
9
10 M. Class II User Not used.
11
12 N. Class III User Not Used.
13
14 O. Class IV User Not used.
15
16 P. Class V User Not used.
17
18 Q. Code of Federal Regulations(CFR)shall mean the codification of the general
19 and permanent rules published in the Federal Register by the executive departments and
20 agencies of the Federal Government.
21
22 R. Collection Stations shall mean brine wastewater disposal stations operated by
23 the SAWPA Member Agencies or Contract Agencies for disposal of trucked waste.
24
25 S. Collection System shall mean all wastewater conveyance systems owned and
26 maintained by SAWPA or a Member Agency or a Contract Agency for purposes of conveying
27 wastewater to OCSD's POTW for treatment and excludes sewer service lateral connections.
28
29 T. Combined Wastestream Formula shall mean the formula, as outlined in the
30 General Pretreatment Regulations of the Clean Water Act, 40 CFR 403.6(e), for determining
31 wastewater discharge limitations for Categorical Industrial Users and Significant Industrial
32 Users whose effluent is a mixture of regulated,unregulated,and dilution wastewater as defined
33 in the formula.
34
35 U. Commission shall mean the governing body of SAWPA as defined by the Joint
36 Exercise of Powers Agreement establishing SAWPA.
37
38 V. Compliance Schedule shall mean a time schedule enforceable under this
39 Ordinance containing increments of progress called milestones,which are in the form of dates.
40 These milestones shall be for the commencement and/or completion of major events leading to
41 the construction and operation of additional pretreatment facilities or the implementation of
42 policies,procedures or operational management techniques required for the User to complywith
43 all applicable federal,state or local environmental regulations which may directly or indirectly
44 affect the quality of the User's wastewater effluent.
45
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I W. Composite Sample shall mean a series of grab samples of equal volume taken at
2 a predetermined time or flow rate for a predetermined period of time which are combined into
3 one sample.
4
5 X. Contract Agency shall mean either, Jumpa Community Services District, or
6 Yucaipa Valley Water District, or San Bernardino Municipal Water Department, or any other
7 public agency that subsequently enters into a multijurisdictional pretreatment agreement with
8 SAWPA defining the roles and responsibilities to conduct the Pretreatment Program orportions
9 of the Pretreatment Program within their jurisdictions.
10
11 Y. Control Authority as defined by 40 CFR 403.3(f)is the POTW if the POTW's
12 submission for its Pretreatment Program(40 CFR 403.3)has been approved in accordance with
13 requirements for 40 CFR 403.11. All references in this Ordinance to Control Authority are
14 referring to OCSD.
15
16 Z. Conventional Pollutants shall be defined as BOD,COD,total suspended solids,
17 pH, fecal coliform, oil and grease,total nitrogen and such additional pollutants as are now or
18 may be in the future specified and controlled in OCSD's NPDES permit for its POTW where
19 said POTW has been designed and used to reduce or remove such pollutants.
20
21 AA. Cooling Water shall mean all water used solely for the purpose of cooling a
22 manufacturing process, equipment, or product.
23
24 BB. Cyanide (Amenable) shall mean those cyanides that are amenable to
25 chlorination as described in 40 CFR 136.3.
26
27 CC. Day shall mean a calendar day.
28
29 DD. Dilution shall mean the increase in use of process water,potable water or any
30 other means to dilute a discharge as a partial or complete substitute for adequate treatment to
31 achieve discharge requirements.
32
33 EE. Direct Discharger or User shall mean facilities which are directly connected to
34 the Brine Line by a pipeline.
35
36 FF. Discharge Right shall mean the volume of wastewater capacity purchased by a
37 User for use with the Brine Line and tributaries thereto.
38
39 OO. District Collection System shall mean all pipes,sewers and conveyance systems
40 conveying wastewater to the Brine Line and tributaries thereto that are owned and maintained by
41 a community services district, special district,or water district,excluding sewer service lateral
42 line connections.
43
44 HH. Domestic Wastewater shall mean wastewater,including domestic septic system
45 waste, from private residences and wastewater from other premises resulting from the use of
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I water for personal washing,sanitary purposes or the discharge of human excrement and related
2 matter.
3
4 II. Effluent shall mean treated wastewater flowing from treatment facilities, the
5 OCSD's POTW, or a User's pretreatment equipment.
6
7 JJ. EPA shall mean the United States Environmental Protection Agency.
8
9 KK. Federal Categorical Pretreatment Standard shall mean the National
10 Pretreatment Standards, established by the EPA, specifying quantities or concentrations of
11 pollutants or pollutant properties which may be discharged or introduced into the Brine Line or
12 tributaries thereto by existing or new Industrial Users in specific industrial categories
13 established as separate regulations under the appropriate subpart of 40 CFR Chapter I,
14 Subchapter N, as it exists and as it may be amended.
15
16 LL. Flow Monitoring Facilities shall mean equipment and structures approved by
17 SAWPA and provided at the User's expense to measure and/or record the incoming water to the
18 User's facility or the wastewater discharged to the Brine Line sewer or tributaries thereto.
19
20 MM. General Manager shall mean SAWPA's General Manager or duly authorized
21 representative designated in writing.
22
23 NN. Generator-see Indirect Discharger.
24
25 00. Good Faith shall mean the User's prompt and vigorous pollution control
26 measures undertaken to show that extraordinary efforts (not a"business-as-usual" approach)
27 have been made to achieve compliance.
28
29 PP. Grab Sample shall mean an individual sample collected from a wastestream
30 without regard to the flow in the wastestream over a period of time not exceeding fifteen
31 minutes.
32
33 QQ. Gravity Separation Interceptor shall mean an approved detention chamber
34 designed to remove floatable and settleable material from industrial wastewater prior to
35 discharge into the Brine Line.
36
37 RR. Hazardous Substance shall mean any substance capable of creating imminent
38 endangerment to health or the environment including, but not limited to, any substance
39 designated under 40 CFR Section 310.11(d) or any hazardous chemical substance subject to
40 regulation under the Toxic Substances Control Act, 15 USCA,Section 2601,et seq.By way of
41 example,this includes substances which are toxic,explosive,corrosive,flammable or irritants,
42 or which generate pressure through heat or decomposition,e.g.,heavymetals,pesticides,strong
43 acids or bases, distillate fuels, oxidants, among other things.
44
45
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I SS. Heating Water shall mean all water used solely for the heating of a
2 manufacturing process, equipment, or product.
3
4 TT. Indirect Discharger, User or Generator shall mean a user that contracts a
5 truck,tanker,or vacuum truck service or other similar means to bring wastewater for disposal to
6 the Brine Line or tributaries thereto from a User that has no direct connection to the Brine Line
7 or tributaries thereto.
8
9 UU. Industrial User shall mean all Persons, entities, public or private, industrial,
10 commercial,governmental,or institutional that discharge or cause to be discharged,wastewater
11 into the Brine Line or tributaries thereto or any other sewer system owned and operated by
12 SAWPA.
13
14 W. Industrial Wastewater shall mean all non-domestic,including all wastewater
15 from any producing, manufacturing, processing, institutional, governmental, commercial,
16 service, agricultural or other operation.
17
18 W W. Infectious Waste shall mean all wastes which are likely to transmit etiologic
19 agents which normally cause,or significantly contribute to the cause of,increased morbidity or
20 mortality of human beings.
21
22 XX. Inland Empire Brine Line or Brine Line shall mean all wastewater conveyance
23 systems owned and maintained by SAWPA, excluding sewer service lateral line connections
24 owned and operated by others.
25
26 YY. Inspector shall mean a person authorized by the General Manager to inspect any
27 User discharging or anticipating discharging wastewater into conveyance, processing, or
28 disposal facilities to the Brine Line or tributaries thereto.
29
30 ZZ. Interference shall mean a discharge which, alone or in conjunction with a
31 discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its
32 treatment processes or operations,or its sludge processes,use or disposal;and(2)therefore is a
33 cause of a violation of any requirement of the POTW's NPDES permit(including an increase in
34 the magnitude or duration of a violation)or of the prevention of sewage sludge use or disposal
35 in compliance with the statutory provisions and regulations or permits issued thereunder(or
36 more stringent State or local regulations): Section 405 of the Clean Water Act,the Solid Waste
37 Disposal Act (SWDA) (including title 11, more commonly referred to as the Resource
38 Conservation and Recovery Act(RCRA),and including State regulations contained in any State
39 sludge management plan prepared pursuant to subtitle D of the S WDA),the Clean Air Act,the
40 Toxic Substances Control Act,and the Marine Protection, Research and Sanctuaries Act.
41
42 AAA. Liquid Waste Hauler shall mean any Person or firm engaged in the truck
43 hauling of liquid waste from a User, excluding domestic waste, for disposal at a designated
44 Brine Line Collection Station.
45
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I BBB. Local Limits shall mean specific prohibitions or pollutant limitations or
2 pollutant parameters that are developed by OCSD, SAWPA, Member Agencies or Contract
3 Agencies in accordance with 40 CFR 403.5(c)to implement the general and specific discharge
4 prohibitions listed in 40 CFR 403.5(a)(1) and(b).
5
6 CCC. Lower Explosive Limit (LEL) shall mean the minimum concentration of a
7 combustible gas or vapor in the air that will ignite if an ignition source is present.
8
9 DDD. Mass Emission Rate shall mean the weight ofpollutants discharged to the Brine
10 Line or tributaries thereto during a given period of time from a User.
11
12 EEE. May means permissive.
13
14 FFF. Member Agency shall mean either, Eastern Municipal Water District, Inland
15 Empire Utilities Agency, San Bernardino Valley Municipal Water District, or Western
16 Municipal Water District of Riverside County, or any other public agency that subsequently
17 becomes a member of SAWPA and enters into a multijurisdictional pretreatment agreement
18 with SAWPA defining the roles and responsibilities to conduct the Pretreatment Program or
19 portions of the Pretreatment Program within their jurisdictions.
20
21 GOO. mg/L shall mean milligrams per liter.
22
23 HHH. Milestone shall mean increments of progress in the form of dates,not to exceed
24 nine months,and are used in compliance schedules.Milestones shall be for the commencement
25 and/or completion of major events leading to the construction and operation of additional
26 pretreatment facilities or the implementation ofpolicies,procedures or operational management
27 techniques required for the User to comply with all applicable federal, state or local
28 environmental regulations which may directly or indirectly affect the quality of the User's
29 wastewater effluent.
30
31 III. Monitoring/Production Information Order (MPIO) shall mean an
32 Administrative Order requiring an Industrial User to determine the mass emission or
33 concentration of pollutants or other conditions specified in the Industrial User's permit in their
34 industrial wastewater discharge for all days within a fourteen(14)consecutive day period that
35 industrial wastewater is discharged to the Brine Line and submit production data for that period.
36
37 JJL Monthly Average shall mean the average of dailymeasurements over a calendar
38 month as calculated by adding all the daily measurements taken during the calendar month and
39 dividing that sum by the sum of the number of daily measurements taken in the month.
40
41 KKK. NAICS shall mean the North American Industry Classification System published
42 by the Executive Office of the President of the United States, Office of Management and
43 Budget.
44
45
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I LLL. National Pretreatment Standard shall mean any regulation containing pollutant
2 discharge limits promulgated by the EPA in accordance with section 307(b)and(c)of the Clean
3 Water Act, which applies to Industrial Users. This term includes prohibitive discharge limits
4 established pursuant to 40 CFR Part 403.5.
5
6 MMM. New Source shall mean any building, structure, facility, or installation from
7 which there is or maybe a discharge of pollutants,the construction of which commenced after
8 the publication of proposed Pretreatment Standards under Section 307(c)of the Federal Clean
9 Water Act which will be applicable to such source if such Standards are thereafter promulgated
10 in accordance with that Section,provided that:
11
12 1. The building,structure,facility or installation is constructed at a site at which no
13 other source is located; or
14
15 2. The building, structure, facility or installation totally replaces the process or
16 production equipment that causes the discharge of pollutants at an existing source; or
17
18 3. The production or wastewater generating processes of the building, structure,
19 facility or installation are substantially independent of an existing source at the same
20 site. In determining whether these are substantially independent, factors such as the
21 extent to which the new facility is integrated with the existing plant and the extent to
22 which the new facility is engaged in the same general type of activity as the existing
23 source maybe considered.
24
25 Construction on a site at which an Existing Source is located results in a modification rather
26 than a New Source if the construction does not create a new building, structure, facility, or
27 installation meeting the criteria of Section(2)or(3)above but otherwise alters,replaces,or adds
28 to existing process or production equipment.
29
30 Construction of a New Source as defined under this paragraph has commenced if the owner or
31 operator has:
32 (a)Began,or caused to begin,as part of a continuous onsite construction
33 program(1)any placement,assembly,or installation of facilities or equipment;
34 or (2) significant site preparation work including clearing, excavation, or
35 removal of existing buildings,structures,or facilities which is necessary for the
36 placement, assembly, or installation of new source facilities or equipment; or
37
38 (b) Entered into a binding contractual obligation for the purchase of
39 facilities or equipment which are intended to be used in its operation within a
40 reasonable time. Options to purchase or contracts which can be terminated or
41 modified without substantial loss,and contracts for feasibility,engineering,and
42 design studies do not constitute a contractual obligation under this paragraph.
43
44 NNN. OCSD shall mean the Orange County Sanitation District which is the Control
45 Authority for the Brine Line.
46
-15-
1 000. Oil and Grease shall mean any of the following in part or in combination:
2
3 1. Petroleum derived products (e.g., oils, fuels, lubricants, solvents, cutting oils,
4 mineral oils);
5
6 2. Vegetable derived products (e.g., oils, shortenings, water soluble cutting oils);
7
8 3. Animal derived products (e.g., fats, greases, oils, lard).
9
10 PPP. Pass Through shall mean any discharge which exits OCSD's POTW into waters
11 of the United States in quantities or concentrations which, alone or in conjunction with a
12 discharge or discharges from other sources, causes a violation of any requirement of the
13 OCSD's NPDES permit, including an increase in the magnitude or duration of a violation.
14
15 QQQ. Permittee shall mean any User who has received a Wastewater Discharge Permit
16 to discharge wastewater into the Brine Line or tributaries thereto.
17
18 RRR. Person shall mean any individual,firm,company,association,society,general or
19 limited partnership,limited liability company,trust,corporation,governmental agency or group,
20 and includes the plural or the singular.
21
22 SSS. Pollutant shall mean conventional pollutants,domestic wastewater,hazardous
23 substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue,
24 filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
25 materials, radioactive materials, medical waste, heat, wrecked or discarded equipment, rock,
26 sand, cellar dirt and industrial, municipal, and agricultural and industrial wastes, and certain
27 characteristics of wastewater(e.g.pH,temperature,TSS,turbidity,color,BOD,COD,toxicity,
28 or odor).
29
30 TTT. POTW shall mean a Publicly Owned Treatment Works. This definition
31 includes all devices,equipment,pipes,and systems used in the transmission,storage,treatment,
32 recycling and reclamation of municipal sewage,biosolids, or industrial wastewater.
33
34 UUU. Pretreatment shall mean the reduction of the amount of pollutants, the
35 elimination ofpollutants,or the alteration of the nature of the pollutant properties in wastewater
36 prior to,or in lieu of,discharging such pollutants into the Brine Line or tributaries thereto. The
37 reduction or alteration may be obtained by physical,chemical or biological processes,process
38 changes or by any other means, except dilution.
39
40 V V V. Pretreatment Facility shall mean anyworks or devices for the treatment or flow
41 limitation of wastewater prior to discharge to the Brine Line or tributaries thereto.
42
43 W W W. Pretreatment Requirements shall mean any substantive or procedural
44 requirement related to pretreatment, other than a National Pretreatment Standard, imposed
45 on an Industrial User.
-16-
I XXX. Pretreatment Waste shall mean all waste, liquid or solid, removed from a
2 wastestream or wastewater discharge by physical, chemical,or biological means.
3
4 YYY. Public Agency shall mean the State of California and any city,county, special
5 district, or other public agency within the State of California.
6
7 ZZZ. Qualified Professional shall mean any person who by virtue of education,
8 training,or experience is qualified to evaluate and assess pollutant discharges and violations of
9 this Ordinance.
10
11 AAAA. RCRA shall mean the Resource Conservation and Recovery Act (42 U.S.C.
12 6901, et seq.) and its regulations 40 CFR Parts 260-266 and 270 and as amended.
13
14 BBBB. Reclaimable Wastewater shall mean domestic wastewater, industrial
15 wastewater or other wastewater containing total dissolved solid levels below the local POTW
16 discharge limitation that renders it suitable for discharge and reclamation.
17
18 CCCC. Regulatory Agencies shall mean those agencies having jurisdiction over the
19 operation of SAWPA and/or OCSD including,but not limited to:
20
21 1. United States Environmental Agency, Region DC, San Francisco, CA and
22 Washington,D.C. (EPA);
23
24 2. California State Water Resources Control Board("State Board");
25
26 3. California Regional Water Quality Control Board,Santa Ana Region(`Regional
27 Board");
28
29 4. South Coast Air Quality Management District(SCAQMD);
30
31 5. California Environmental Protection Agency(CaIEPA); and
32
33 6. California Department of Public Health(DPH).
34
35 DODD. Sampling Facilities shall mean structure(s)and equipment approved by SAWPA
36 and provided at the User's expense for SAWPA or the User to measure and record wastewater
37 pollutant levels, collect representative wastewater samples, and/or provide direct access to
38 terminate the wastewater discharge.
39
40 EEEE. Sanitary Sewer Overflow (SSO) shall mean any overflow, spill, release,
41 discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system.
42 SSOs include:
43
44 1. Overflows or releases of untreated or partially treated wastewater that reaches
45 waters of the United States;
-17-
1 2. Overflows or releases of untreated or partially treated wastewater that do not
2 reach waters of the United States; and
3
4 3. Wastewater backups into buildings and on private property that are caused by
5 blockages or flow conditions within the publicly owned portion of the sanitary sewer
6 system.
7
8 FFFF. Sanitary Waste shall mean domestic wastewater.
9
10 GGGG. SARI shall mean the Santa Ana Regional Interceptor.
11
12 HHHH. SARI System - see Inland Empire Brine Line.
13
14 HR. SAWPA shall mean the Santa Ana Watershed Project Authority and/or any
15 Member Agency and/or any Contract Agency as applicable to effectively implement this
16 Ordinance.
17
18 JJJJ. SAWPA Inland Empire Brine Line Service Area shall mean the total area
19 within the jurisdictional boundaries ofSAWPA's Member Agencies,excluding anyarea within
20 the County of Orange.
21
22 KKKK. Self-monitoring shall mean wastewater samples taken by a User or the User's
23 contracted laboratory,consultant, engineer, or similar entity.
24
25 LLLL. Service Lateral Line shall mean the wastewater collection pipe extending from
26 premises where the wastewater is generated up to and including the connection to the Brine Line
27 or tributaries thereto.
28
29 MMMM. Sewer System Management Plan(SSMP)shall mean an approved plan adopted
30 by SAWPA to control and reduce the occurrence and impact of sanitary sewer overflows.
31
32 NNNN. Shall means mandatory.
33
34 0000. Significant Industrial User(SM shall mean:
35
36 1. All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR
37 403.6 and 40 CFR Chapter I, Subchapter N.
38
39 2. Any User that:
40
41 a. Discharges Industrial Wastewater at an average rate of at least 25,000 gallons
42 per day(gpd)to the Brine Line or tributaries thereto(excluding sanitary,noncontact
43 cooling and boiler blowdown wastewater);
44
45 b. Contributes a process wastestream that makes up 5 percent or more of the
-18-
1 average dry weather hydraulic or organic capacity of OCSD's POTW; or
2
3 c. Is designated as an SIU by the General Manager on the basis that the User
4 has a reasonable potential for adversely affecting the Brine Line or tributaries thereto
5 or OCSD's POTWs or for violating any pretreatment standard or requirement.
6
7 PPPP. Significant Noncompliance(SNC)shall mean any compliance violations that
8 meet one or more of the following criteria:
9
10 1. Chronic violations of wastewater discharge limits, defined here as those in
11 which sixty-six percent(66%) or more of all of the measurements taken for the same
12 pollutant during a six-month period exceed(by any magnitude)a numeric Pretreatment
13 Standard or Requirement including instantaneous limits,as defined by40 CFR 403.3(I);
14
15 2. Technical review criteria(TRC)violations are defined as those in which thirty-
16 three (33%)percent or more of all of the measurements taken for the same pollutant
17 during a six-month period equal or exceed the product of the numeric Pretreatment
18 Standard or Requirement including instantaneous limits,as defined by40 CFR 403.3(1)
19 multiplied by the applicable TRC(TRC=1.4 for BOD,TSS,fats,oil and grease,and 1.2
20 for all other pollutants except pH);
21
22 3. Any other violation of Pretreatment Standard or Requirement as defined by40
23 CFR 403.3(1) (daily maximum, long term average, instantaneous limit, or narrative
24 standard) that the POTW determines has caused, alone or in combination with other
25 discharges,Interference or Pass Through(including endangering the health of POTW or
26 SAWPA personnel or the general public);
27
28 4. Any discharge of a pollutant that has caused imminent endangerment to human
29 health or welfare or to the environment or has resulted in POTW's or SAWPA's
30 exercise of emergency authority to halt or prevent such a discharge;
31
32 5. Failure to meet,within ninety(90)days after the scheduled date,a compliance
33 schedule milestone contained in a local control mechanism or enforcement order, for
34 starting construction, completing construction, or attaining final compliance;
35
36 6. Failure to provide, within forty-five (45) days of the due date, any required
37 reports such as baseline monitoring reports, 90-day compliance reports, periodic self-
38 monitoring reports, and reports on compliance with compliance schedules;
39
40 7. Failure to accurately report non-compliance; or
41
42 8. Any other violations or group of violations, which may include a violation of
43 Best Management Practices, which the POTW or SAWPA determines will adversely
44 affect the operation and implementation of SAWPA's Pretreatment Program or the
45 Brine Line or tributaries thereto.
46
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I QQQQ. Single Pass Cooling Water shall mean water that is used solely for the purpose
2 of cooling and is used only once before being discharged.
3
4 RRRR. Single Pass Heating Water shall mean water that is used solely for the purpose
5 of heating and is used only once before being discharged.
6
7 SSSS. Slug Discharge shall mean any discharge of a non-routine, episodic nature,
8 including but not limited to an accidental spill or a non-customary batch discharge of
9 wastewater,material or waste with such a high volume or pollutant concentration which has the
10 potential to cause damage,Interference,or Pass Through in the Brine Line or tributaries thereto,
11 OCSD's POTW, or in any other way violates the POTW's regulations,Local Limits or Permit
12 conditions.
13
14 TTTT. Special Purpose Discharge shall mean a wastewater discharge to the Brine Line
15 or tributaries thereto requiring a Wastewater Discharge Permit which has origins from
16 unpolluted water,storm water runoff,groundwater,treated groundwater,subsurface drainage or
17 other similar sources of wastewater.
18
19 UUUU. Stormwater shall mean water or wastewater generated when precipitation from
20 rain and snowmelt events flows or accumulates over land or impervious surfaces and does not
21 percolate into the ground.
22
23 V V V V. Temporary User shall mean any User who is granted temporary permission by
24 the General Manager to discharge wastewater to the Brine Line or tributaries thereto and
25 controlled by a Wastewater Discharge Permit.
26
27 W W W W. Total Dissolved Solids(TDS) shall mean the total amount of all inorganic and
28 organic substances dispersed within a volume of water or wastewater that Pass Through a
29 laboratory filter and dried to a specified temperature in accordance with approved laboratory
30 methods.
31
32 XXXX. Total Suspended Solids or Suspended Solids shall mean the total amount of
33 matter on the surface of, or suspended in, water, wastewater, or other liquid, and that is
34 removable by laboratory filtering in accordance with approved laboratory methods.
35
36 YYYY. Total Toxic Organics(TTO)shall mean the sum of all quantifiable compounds
37 with values greater than 0.01 mg/L as described in a separate SAWPA Local Limits Resolution.
38 For specific Federal Categorical Pretreatment Standards,TTO is defined, including the list of
39 regulated toxic organic compounds,by 40 CFR and in the User's Wastewater Discharge Permit.
40
41 ZZZZ. Unpolluted Water shall mean water to which no pollutant has been added either
42 intentionally or accidentally.
43
44 AAAAA. Upset shall mean an exceptional incident which causes temporary and
45 unintentional non-compliance with the discharge limitations or prohibitions applicable to a User
-20-
I or OCSD's POTW and which is beyond the reasonable control of User or OCSD's POTW and
2 as more fully set forth in OCSD's NPDES permit,40 CFR Part 403.16,and California Water
3 Code, Section 13385.
4
5 BBBBB. User shall mean any Member Agency,Contract Agency,Person or entity,public
6 or private,residential,industrial,commercial,governmental,institutional,or liquid waste hauler
7 that discharges or causes to be discharged,wastewater into the Brine Line or tributaries thereto.
8
9 CCCCC. Waste shall mean any discarded solid, semi-solid, liquid, or gaseous material.
10
11 DDDDD. Wastestream shall mean individually identifiable sources of waste that
12 contribute to a User's wastewater discharge.
13
14 EEEEE. Wastewater shall mean the used water and water carried waste from a User that
15 is discharged to a sewer.
16
17 FFFFF. Wastewater Discharge Contract shall mean a written contract between
18 SAWPA and a Member Agency or between a Member Agency or a Contract Agency and a
19 potential User for the purpose of conveying a defined wastewater discharge capacity right to use
20 the Brine Line or tributaries thereto.
21
22 GGGGG. Wastewater Discharge Permit shall mean the permit issued and enforced by the
23 General Manager or designee permitting and regulating the discharge of wastewater into the
24 Brine Line and tributaries thereto.
25
26 104.0 ADMINISTRATION.
27
28 A. Adoption of Interpretive Rules.SAWPA's Commission may adopt interpretive
29 rules or resolutions consistent with the provisions of this Ordinance for the administration of the
30 Brine Line. Interpretive rules by SAWPA's Commission pertain to,but shall not be limited to,
31 discharge limitations,Pretreatment Requirements,standards for wastewater lines and services
32 and implementation of standards promulgated pursuant to the Federal Water Pollution Control
33 Act as amended by the Clean Water Act.
34
35 B. General Powers of the General Manager. Except as otherwise provided
36 herein, the General Manager shall administer, implement and enforce the provisions of this
37 Ordinance. Any powers granted or duties imposed upon the General Manager maybe delegated
38 by the General Manager to persons acting in the beneficial interest or employ of SAWPA,but
39 shall remain the responsibility of the General Manager. In addition to the authority to prevent or
40 eliminate discharges through enforcement of discharge limitations and prohibitions,the General
41 Manager shall have the following powers:
42
43 1. Endangerment to the community, environment, Brine Line or OCSD's
44 POTW. The General Manager,after notice to the affected User,may immediately halt
45 or prevent any discharge of pollutants into the Brine Line or tributaries thereto,by any
-21-
1 means available, including physical disconnection from the Brine Line or tributaries
2 thereto,whenever the wastewater discharge may endanger the health or welfare of the
3 community,the environment, or threatens to damage or interfere with the operation of
4 the Brine Line or tributaries thereto or OCSD's POTW. Such discharges maybe halted
5 or prevented without regard to the compliance by the User with other provisions of this
6 Ordinance.
7
8 C. Specific Powers of the General Manager. If wastewater is discharged or
9 proposed to be discharged into the Brine Line or tributaries thereto in violation of this
10 Ordinance,any Wastewater Discharge Permit or any other order,the General Manager maytake
11 any action necessary to:
12
13 1. Prohibit the discharge of such wastewater;
14
15 2. Require a User to demonstrate that in-plant modifications will reduce or
16 eliminate the pollutant or substance so that the discharge will not violate this Ordinance;
17
18 3. Require treatment,including storage facilities or flow equalization necessary to
19 reduce or eliminate the pollutants or substance so that the discharge will not violate this
20 Ordinance;
21
22 4. Require the User making,causing or allowing the discharge to pay any required
23 industrial user permit fees,inspection fees,surcharges,fines,penalties,damages,legal
24 expenses, attomey's fees and any other cost or expense incurred by SAWPA for
25 handling, treating or disposing of excess pollutant loads imposed on OCSD's POTW,
26 and/or associated with alleged or actual violations of OCSD's NPDES permit attributed
27 to the User's discharge;
28
29 5. Require timely and factually complete reports from the User responsible for such
30 discharge; and
31
32 6. Require such other or further remedial action as maybe deemed to be desirable
33 or necessary to achieve the purposes of this Ordinance.
34
35 105.0 NOTICE. Unless otherwise provided herein,anynotice required of the General Manager
36 under this Ordinance shall be in writing.
37
38 106.0 CONFIDENTIALITY. All User information and data obtained from reports, surveys,
39 inspections,wastewater discharge applications,Wastewater Discharge Permits,and monitoring
40 programs shall be available to the public and governmental agencies without restriction unless
41 the User specifically requests in advance and is able to demonstrate to the satisfaction of
42 SAWPA that the release of such information would divulge information,processes,or methods
43 of production entitled to protection as trade secrets under California state law. The
44 demonstration of the need for confidentiality made by the User must meet the burden necessary
45 for withholding such information from the public under applicable state and federal laws.
46 Information and data concerning or relating to wastewater quality and quantity shall not be
_22_
I considered confidential. All sample data obtained either by the User or SAWPA shall not be
2 considered confidential. Confidential information shall be made available, upon request, to
3 governmental agencies for enforcement or-judicial proposes related to this Ordinance,OCSD's
4 NPDES Permit or the Pretreatment Program,and as required by state or federal law.
5
6 107.0 TIME LIMITS. Any time limit or deadline provided in any written notice or any
7 provision of this Ordinance may be extended only by a written extension by the General
8 Manager and only upon a showing of good cause by the User.
9
-23-
I ARTICLE 2
2 GENERAL PROHIBITIONS AND LIMITATIONS
3 ON DISCHARGES
4
5 201.0 PROHIBITED WASTE DISCHARGES. Except as hereinafter provided,no Person or
6 User shall discharge or cause to be discharged into the Brine Line or tributaries thereto or any
7 opening, sump,tank,clarifier,piping or waste treatment system which drains or flows into the
8 Brine Line or tributaries thereto any of the following:
9
10 A. Any earth, sand, rocks, ashes, cinders, spent lime, stone, stone cutting dust,
11 gravel, plaster, diatomaceous earth, concrete, glass, metal filings, or metal or plastic objects,
12 garbage, grease, viscera, paunch manure, bones, hair, hides, or fleshings, whole blood, dead
13 animals,feathers, straw, shavings,grass clippings,rags, spent grains, spent hops,waste paper,
14 wood,plastic,tar,asphalt residues,residues from refining or processing fuel or lubrication oil
15 and similar substances,or solid, semi-solid or viscous material in quantities or volume which
16 will obstruct the flow of sewage in the Brine Line or tributaries thereto or any object which will
17 cause clogging of a sewer or sewage lift pump, or interferes with the normal operation of the
18 Brine Line or tributaries thereto or OCSD's POTW.
19
20 B. Any compound or material which will produce noxious odors in the Brine Line
21 or tributaries thereto or OCSD's POTW.
22
23 C. Any discharge resulting in toxic gases,vapors or fumes within the Brine Line or
24 tributaries thereto in a quantity that may cause acute health and safety problems for SAWPA
25 employees, contract employees,the public,and OCSD's POTW.
26
27 D. Any recognizable portions of human or animal anatomy.
28
29 E. Any solids, liquids,gases, devices, or explosives which by their very nature or
30 quantity are or may be,sufficient either alone or by interaction with other substances or sewage
31 to cause fire or explosion hazards,exceed 10%of the lower explosive limit(LEL)at the point of
32 discharge or in the collection system,or in any other way create imminent danger to SAWPA or
33 contract wastewater personnel,OCSD's POTW, the environment or public health.
34
35 F. Any wastewater or material with a closed cup flash point of less than 140 degrees
36 Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21.
37
38 G. Any overflow from a septic tank,cesspool or seepage pit,or any liquid or sludge
39 pumped from a cesspool, septic tank or seepage pit,except as may be permitted by the General
40 Manager.
41
42 H. Any discharge from the wastewater holding tanks of recreational vehicles,
43 trailers,buses and other vehicles, except as may be permitted by the General Manager.
44
45 I. Any quantity of wastewater flow in excess of permitted limits or purchased
46 capacity.
-24-
1 I. Any stormwater,groundwater,street drainage,subsurface drainage,yard drainage
2 or runoff from any field,roof,yard,driveway or street. The General Manager may approve,on a
3 temporary basis, the discharge of such water only when no reasonable alternative method of
4 discharge is available.
5
6 K. Any substance or heat in amounts which will inhibit biological activity in
7 OCSD's POTW resulting in Interference or which will cause the temperature of the sewage in
8 Brine Line or tributaries thereto to be higher than 140 degrees Fahrenheit. In no case shall any
9 substance or heat be discharged to the Brine Line or tributaries thereto which will raise OCSD's
10 POTW influent higher than 104 degrees Fahrenheit(40 degrees Celsius).
11
12 L. Any radioactive waste in excess of federal, state or county regulations.
13
14 M. Any pollutants,material or quantity of material which will cause:
15
16 1. Damage to any part of the Brine Line or tributaries thereto;
17
18 2. Abnormal maintenance of the Brine Line or tributaries thereto;
19
20 3. An increase in the operational costs of the Brine Line or tributaries thereto;
21
22 4. A nuisance or menace to public health;
23
24 5. Interference or Pass Through in OCSD's POTW, its treatment processes,
25 operations,biosolids processes,use or disposal. This applies to each User introducing
26 pollutants into the Brine Line or tributaries thereto whether or not the User is subject to
27 other national pretreatment standards or any national, State, or local pretreatment
28 requirements; or
29
30 6. A violation of the OCSD's NPDES permit, or any Federal, State, or local
31 regulatory requirement.
32
33 N. Any quantities ofherbicides,algaecides,or pesticides in excess of local limits or
34 national pretreatment standards.
35
36 O. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil
37 origin in excess of local limits or national pretreatment standards.
38
39 P. Any material or quantity of material(s),including but not limited to fats,oils and
40 grease (FOG), which will cause abnormal sulfide generation, obstruct flows within the
41 collection system, or contributes to or causes a sanitary sewer overflow.
42
43 Q. Any water or wastewater used to artificially raise the Industrial User's volume
44 and added for the purpose of diluting wastes which would otherwise exceed applicable
45 permitted discharge limitations.
46
47
-25-
1 R. Any wastewater having a corrosive property capable of causing damage to the
2 Brine Line or tributaries thereto, OCSD's POTW, equipment, or structures or presenting a
3 hazard to SAWPA or contract personnel. However,in no case shall wastewater be discharged
4 to the Brine Line or tributaries thereto or OCSD's POTW with a pH less than 6.0, or greater
5 than 12.0.
6
7 S. Any substance which will cause discoloration of OCSD's POTW influent which
8 results in a violation of OCSD's NPDES permit.
9
10 T. Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.),
11 released in a discharge at a flow rate and/or pollutant concentration which will cause
12 Interference with OCSD's POTW or SAWPA's Brine Line or tributaries thereto.
13
14 U. Pollutants which result in the presence of toxic gases, vapors, or fumes with
15 Brine Line or tributaries thereto or OCSD's POTW in a quantity that may cause acute worker
16 health and safety problems.
17
18 V. Any unpolluted water, including cooling water, hearing water, stormwater,
19 subsurface water, single pass cooling water, and single pass heating water. The General
20 Manager may approve, on a temporary basis, the discharge of such water only when no
21 reasonable alternative method of discharge is available. The User shall pay all applicable user
22 charges and fees. Stormwater discharges to the Brine Line are not authorized. The General
23 Manager may provide authorization for stormwater discharges that meet the following
24 conditions: a) the surface area that discharges stormwater is less than 150 square feet; or b)
25 there are operational controls in place to minimize discharges (i.e. valves/drains can be
26 closed/plugged).
27
28 W. Any substance which may cause OCSD's POTW effluent or any other product
29 such as residues, biosolids, or scums to be unsuitable for reclamation or reuse or which will
30 interfere with any of the reclamation processes. This includes any material which will cause the
31 biosolids at OCSD's POTW to violate applicable biosolids use or disposal regulations
32 developed under the Federal Clean Water Act, 33 USCA, Section 1251 et seq., or any
33 regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal
34 Act, 42 USCA, Section 6901, et seq.; Clean Air Act, 42 USCA, Section 7401, et seq.; Toxic
35 Substance Control Act, 15 USCA, Section 2601, et seq., or any other applicable State
36 Regulations.
37
38 X. Any hazardous substance which violates the objectives of the General Pretreatment
39 Regulations (40 CFR 403), this Ordinance, or any statute, rule, regulation or chapter of any
40 public agency having jurisdiction over said discharge.
41
42 Y. Any material, pollutants or wastewater in excess of the quantities and limitations
43 established by resolution.
44
45 Z. Any radiator fluid or coolant, cutting oil,water soluble cutting oil, or water based
46 solvent.
-26-
1 AA. Detergents,surface-active agents,or other substances that might cause excessive
2 foaming, as determined by the General Manager, that may cause or contribute to additional
3 treatment costs incurred by SAWPA or a violation of OCSD's NPDES permit, or cause or
4 contribute to Pass Through, Interference, or other known damages in the Brine Line and/or
5 OCSD'sPOTW.
6
7 BB. Any discharges of reclaimable wastewater to the Brine Line that originate in the
8 SAWPA Brine Line service area shall be minimized and may only be disposed to the Brine Line
9 as identified in the Wastewater Discharge Permit.
10
11 202.0 DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT. No User shall
12 increase the use of water,or in any other manner,attempt to dilute a wastewater discharge as a
13 partial or complete substitute for adequate treatment to achieve compliance with this Ordinance
14 and the User's Wastewater Discharge Permit, or to establish an artificially high flow rate for
15 permitted mass emission rates or permitted flow amounts.
16
17 203.0 LIMITATIONS ON GROUNDWATER SURFACE RUNOFF AND SUBSURFACE
18 DRAINAGE.
19
20 A. Groundwater, surface runoff water, or subsurface drainage shall not be
21 discharged into the Brine Line or tributaries thereto, except as provided herein. The General
22 Manager may approve the discharge of such water only as a part of water quality improvement
23 program approved by the General Manager and when no alternative method of disposal is
24 reasonably available and to mitigate an environmental risk or health hazard.
25
26 B. Special Propose Discharges(i.e.groundwater,surface runoff water,or subsurface
27 drainage)approved by the General Manager for discharge to the Brine Line or tributaries thereto
28 shall require a Wastewater Discharge Permit.
29
30 204.0 LIMITATIONS ON UNPOLLUTED WATER.
31
32 A. Unpolluted Water which may include single pass cooling water shall not be
33 discharged to the Brine Line or tributaries thereto, except as provide herein. The General
34 Manager may approve the discharge of such water only as a part of water quality improvement
35 program approved by the General Manager and when no reasonable alternative method of
36 disposal or reuse is available, or to mitigate an environmental risk or health hazard.
37
38 B. Unpolluted water approved for discharge to the Brine Line or tributaries thereto
39 shall require a Wastewater Discharge Permit from SAWPA.
40
41 205.0 LIMITATIONS ON DOMESTIC WASTEWATER AND SEPTAGE WASTE.
42
43 A. Domestic wastewater or septage waste from a private sewage disposal system
44 shall not be discharged to the Brine Line or tributaries thereto, except in specific cases
45 authorized by the General Manager. The General Manager may approve the discharge on a
46 temporary basis when no reasonable alternative method is available.
_27_
1 B. All approved temporary domestic wastewater or septage waste discharges to the
2 Brine Line or tributaries thereto shall require a Wastewater Discharge Permit from SAWPA.
3 The User granted the permit shall be responsible for all applicable charges and fees and shall
4 abide by all permit conditions.
5
6 206.0 LIMITATIONS ON POINT OF DISCHARGE. No Person or User shall discharge any
7 wastewater directly into a maintenance access structure,manhole or other opening in the Brine
8 Line or tributaries thereto other than through an approved building sewer connection, unless
9 written permission for the discharge has been granted by the General Manager. This prohibition
10 shall not apply to authorized SAWPA personnel,contract employees,or Member Agency and
11 Contract Agency employees involved with the maintenance, cleaning,repair, or inspection of
12 the Brine Line or tributaries thereto.
13
14 207.0 LIMITATIONS ON THE USE OF GRINDERS. Waste from industrial or commercial
15 grinders shall not be discharged to the Brine Line or tributaries thereto,except waste generated
16 in packing or preparing food or food products, but not food service establishments. Such
17 grinders shall shred the waste to a degree that all particles will be carried freely under normal
18 flow conditions prevailing in the Brine Line or tributaries thereto. Waste from food service
19 establishments operating a grinder is prohibited and shall not be discharged into the Brine Line
20 unless written authorization from the SAWPA General Manager is provided.
21
22 208.0 LIMITATIONS ON BIOCHEMICAL OXYGEN DEMAND(BOD). All wastewater
23 discharged to the Brine Line or tributaries thereto shall have a daily maximum and a monthly
24 average limit for BOD. All BOD discharges in excess of the established limitations shall be
25 subject to a surcharge fee and/or a noncompliance fee. These limitations, surcharge fees and
26 noncompliance fees shall be established by resolution by SAWPA's Commission.
27
28 209.0 LIMITATIONS ON INFECTIOUS WASTE DISPOSAL.
29
30 A. Those Users that generate liquid infectious waste not associated with those found
31 in domestic wastewater must obtain written permission from the General Manager prior to
32 disposal of the liquid infectious waste to the Brine Line or tributaries thereto. The User must
33 submit a written request to the General Manager that shall include:
34
35 1. The source and volume of the infectious waste;
36 2. The procedures and equipment used for waste disinfection; and
37 3. Employee training procedures.
38
39 B. If the General Manager determines that the waste would not be completely
40 disinfected,the General Manager shall issue a written denial to the User and state the reasons for
41 the denial.This denial shall be issued within thirty(30)days from receipt of the written request.
42
43 C. If the General Manager determines that complete disinfection of the waste can
44 be achieved prior to discharge of the waste to the collection system, then conditional written
_28_
1 approval may be granted by the General Manager for the disposal of the waste. Such written
2 letter of approval shall be sent to the User within thirty (30) days of receipt of the written
3 request.
4
5 D. If the User is granted permission for disposal,the User shall:
6
7 1. Completely disinfect the liquid waste prior to discharge to the Brine Line or
8 tributaries thereto as outlined in the approval letter;
9
10 2. Not dispose of solid infectious waste to the Brine Line or tributaries thereto,
11 including hypodermic needles,syringes,instruments,utensils or other paper and plastic
12 items of a disposable nature,or recognizable portions of the human or animal anatomy;
13 and
14 3. Permit the General Manager to conduct periodic inspections to verify that all
15 disinfection methods,procedures, and practices are being performed.
16
17 210.0 LIMITATIONS ON DISPOSAL OF WASTE SOLUTIONS AND SLUDGES. All
18 waste solutions,sludges,and materials in violation of the User's Wastewater Discharge Permit
19 limitations for discharge to the Brine Line or tributaries thereto,shall be disposed of in a legally
20 approved manner at a legally approved disposal site specific for the waste being disposed. All
21 disposed waste shall be properly manifested as to its origin, type, amount and disposal site in
22 compliance with all applicable laws and regulations.
23
24 211.0 SLUG DISCHARGES.
25
26 A. If the General Manager determines that a User has caused a slug discharge into
27 the Brine Line or tributaries thereto in quantities or concentrations and in a manner or method
28 not previously approved by the General Manager, then the User shall be liable for any non-
29 compliance monetary fee, fine or penalty as established by resolution by SAWPA's
30 Commission. If the User's slug discharge has resulted in damage to the Brine Line or tributaries
31 thereto or caused Interference or Pass Through at OCSD's POTW,then the User shall be liable
32 for all associated costs including, administrative costs and overhead, treatment, repairs,
33 regulatory fines, penalties, legal expenses, damages, and attorney's fees. All Wastewater
34 Discharge Permits issued to SIUs will contain slug control requirements in accordance with 40
35 CFR403.8(t)(1)(iii)(B)(6).
36
37 B. Upon finding that a User has caused a slug discharge into the Brine Line or
38 tributaries thereto, then the User shall submit a written report to the General Manager how the
39 slug discharge occurred and how it will be prevented in the future. This report shall be due
40 within five (5) days of notification to the User by the General Manager.
41
42 C. Repeated slug discharges by the User shall be grounds for permit revocation and
43 cessation of all wastewater discharges to the Brine Line or tributaries thereto.
44
45
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I ARTICLE 3
2 WASTEWATER DISCHARGE CONTRACTS
3 USER CHARGES AND FEES
4
5 301.0 INTRODUCTION. To obtain the maximum benefit from the use of the Brine Line and
6 tributaries thereto, written authorizations from SAWPA to use the Brine Line or tributaries
7 thereto are required. These written authorizations shall be in the form of a Wastewater
8 Discharge Contract (applicable to Direct Dischargers) and a Wastewater Discharge Permit
9 (applicable to Direct and Indirect Dischargers).
10
11 302.0 WASTEWATER DISCHARGE CONTRACT BETWEEN SAWPA AND A
12 MEMBER AGENCY OR CONTRACT AGENCY. A written Wastewater Discharge
13 Contract,also known as a treatment and disposal agreement,is required between SAWPA and a
14 Member Agency or a Contract Agency wherein the Member Agency or the Contract Agency
15 purchases from SAWPA a right to discharge a specified amount of approved wastewater into the
16 Brine Line or tributaries thereto. The amount of this right will ordinarily be expressed in
17 `capacity units"or million gallons per day(MGD). The minimum capacity unit shall be 0.010
18 MGD. The Wastewater Discharge Contract shall include but not be limited to:
19
20 A. The amount of the discharge right to be purchased (Flow (MGD), BOD
21 (concentration and pounds), TSS (concentration and pounds);
22
23 B. The purchase price of the discharge right as established by SAWPA's
24 Commission;
25
26 C. A description of operation and maintenance costs,fixed fees and other costs to be
27 paid to SAWPA;
28
29 D. A provision that the Wastewater Discharge Contract shall conform with all
30 provisions of SAWPA ordinances and resolutions regulating the availability and use of the
31 Brine Line or tributaries thereto.
32
33 E. A description of the operational and regulatory reporting responsibilities as
34 required to comply with applicable State and local regulations including,but not limited to,the
35 Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.
36
37 The Wastewater Discharge Contract shall be in addition to a separate agreement(s)by which the
38 Member Agency or the Contract Agency obtained Pipeline Capacity rights.To discharge to the
39 Brine Line sufficient Pipeline Capacity rights and Treatment and Disposal Capacity rights are
40 required.
41
42
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1 303.0 WASTEWATER DISCHARGE CONTRACTS BETWEEN A MEMBER AGENCY
2 OR A CONTRACT AGENCY AND A USER OF THE BRINE LINE OR TRIBUTARIES
3 THERETO.
4
5 A. Any potential User of the Brine Line or tributaries thereto must first apply to the
6 Member Agency or the Contract Agency with jurisdictionfor a Wastewater Discharge Contract.
7 After review and acceptance of the potential User's application, the Member Agency or the
8 Contract Agency must enter into a Wastewater Discharge Contract with the potential User
9 before the User may discharge to the Brine Line or tributaries thereto. The Wastewater
10 Discharge Contract shall be in accordance with Section 302.0 of this Ordinance. The potential
11 User shall pay to the Member Agency or the Contract Agency all costs associated with
12 Wastewater Discharge Contract. A Wastewater Discharge Contract must be obtained from a
13 Member Agency or a Contract Agency prior to filing an application for a Wastewater Discharge
14 Permit.
15
16 B. All wastewater to be discharged pursuant to the Wastewater Discharge Contract
17 between a Member Agency or a Contract Agency and a User shall be contingent upon the
18 issuance by SAWPA to the potential User,a Wastewater Discharge Permit,pursuant to Article 4
19 of this Ordinance. The User shall also apply for a Wastewater Discharge Permit in accordance
20 with Article 4 of this Ordinance.
21
22 C. All fees and charges paid by the User in connection with the Wastewater
23 Discharge Contract and the Wastewater Discharge Permit are non-refundable. In the event that
24 the Wastewater Discharge Permit is revoked,the User shall not be entitled to any refund of any
25 fees and charges it has paid the Member Agency or the Contract Agency or SAWPA.
26
27 304.0 USER CHARGES AND FEES.
28
29 A. Users shall payto SAWPA the following categories of costs in conformance with
30 the Wastewater Discharge Contracts and the applicable resolutions adopted by SAWPA's
31 Commission:
32
33 1. Operation and Maintenance Costs or User Charges. These charges shall
34 include disposal costs for a direct connection to the Brine Line plus all applicable
35 charges and fees as established by resolution by SAWPA's Commission;
36
37 2. Liquid Waste Hauler User Charges. These charges shall cover all costs of
38 SAWPA and its Member Agencies or its Contract Agencies for providing Collection
39 Station service to liquid waste haulers using the Brine Line or tributaries thereto for
40 wastewater disposal. These charges shall be established by resolution by SAWPA's
41 Commission;
42
43 3. Wastewater Discharge Permit Fees. All Wastewater Discharge Permit
44 application and Wastewater Discharge Permit fees shall be paid directly by the User to
45 SAWPA and/or Member Agencies and/or Contract Agencies upon invoice. These fees
46 will be established by resolution by SAWPA's Commission.
-31-
1 4. Special Purpose Discharge Permit Charge. This charge shall cover all
2 SAWPA's costs for providing sewerage service and monitoring for users requiring a
3 Special Purpose Wastewater Discharge Permit. These costs shall be established by the
4 General Manager. A deposit determined by the General Manager sufficient to paythese
5 estimated charges shall accompany the Special Purpose Wastewater Discharge Permit
6 Application.
7
8 5. All Users shall pay all applicable permit fees prior to the renewal of the
9 Wastewater Discharge Permit.
10
11 6. Non-Compliance Charges will be as determined in Article 6,Enforcement
12 and shall be paid directly by the User to SAWPA and/or Member Agencies and/or
13 Contract Agencies upon invoice.The charges will Pass Through compliance costs from
14 OCSD,if any.
15
16 B. A charge for use of the Brine Line or tributaries thereto may be imposed by a
17 Member Agency or a Contract Agency to Wastewater Discharge Permit Users. All such charges
18 shall be paid by the User directly to the Member Agency or the Contract Agency in accordance
19 with Section 303.0 of this Ordinance.
20
21 C. SAWPA shall be entitled to recover costs from Users for the implementation of
22 SAWPA's pretreatment program. These costs relate to matters covered by this Ordinance and
23 are separate from all other fees chargeable by SAWPA. SAWPA may adopt a resolution(s)to
24 recover such costs for:
25
26 1. Developing,implementing,and operating SAWPA's Pretreatment Program
27 and this Ordinance.
28
29 2. Monitoring, inspection, surveillance procedures and laboratory costs.
30
31 3. Reviewing plans and construction inspections.
32
33 4. Wastewater discharge permit application review.
34
35 5. Wastewater discharge permit issuance.
36
37 6. Reviewing data and reports.
38
39 7. Noncompliance and enforcement.
40
41 D. Member Agencies or Contract Agencies may directly charge Users for costs
42 related to Collection System maintenance of the Member Agency's or the Contract Agency's
43 Collection System due to the effects of the User's wastewater discharge on the Member
44 Agency's or the Contract Agency's Collection System.
45
46
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I ARTICLE 4
2 WASTEWATER DISCHARGE PERMITS
3
4 401.0 INTRODUCTION. Written authorization from SAWPA is required for all Users of the
5 Brine Line and tributaries thereto to ensure the maximum public benefit. The written
6 authorization shall be in the form of a Wastewater Discharge Permit issued by SAWPA.
7 SAWPA will issue all Liquid Waste Hauler Permits issued to entities transporting brine
8 wastewater to the Collection Stations,per Article 509.0.
9
10 402.0 WASTEWATER DISCHARGE PERMITS.
11
12 A. Users subject to the provisions of this Ordinance shall obtain a Wastewater
13 Discharge Permit prior to the connection or discharge to the Brine Line or tributaries thereto.
14 No vested right shall be given, granted or acquired by the issuance of permits provided for in
15 this Ordinance. User Wastewater Discharge Permits may be issued to Direct Dischargers or
16 Users, Special Purpose Dischargers, and Indirect Dischargers or Users.
17
18 B. Plans submitted for a sewer connection to the Brine Line or tributaries thereto
19 shall not be approved by the General Manager for any sewer connection which will convey
20 industrial wastewater to the Brine Line or tributaries thereto unless the Discharger has first
21 obtained a Wastewater Discharge Permit.
22
23 C. The General Manager shall deny or condition discharges of pollutants,or changes
24 in the nature of pollutants, to the Brine Line or tributaries thereto by Users where such
25 discharges do not meet applicable pretreatment standards and requirements or where such
26 discharges would cause OCSD's POTW to violate its NPDES permit.
27
28 D. Users required to obtain a Wastewater Discharge Permit shall complete and file
29 with the General Manager a Wastewater Discharge Permit application form provided by the
30 General Manager and shall pay all applicable fees within thirty (30) days of invoicing by
31 SAWPA. The application form may require:
32
33 1. Name,address,assessor's parcel number and location(if different from the
34 site address)for the company, owner, and operator.
35
36 2. Name and address of the authorized representative(s).
37
38 3. NAICS number according to the Federal North American Industry
39 Classification System,Office of Management and Budget, 1997,as amended.
40
41 4. EPA hazardous waste generator's number.
42
43 5. Wastewater samples analyzed for specified pollutants. The samples shall be
44 analyzed by a State certified laboratory in accordance with the methods published by the
45 EPA in 40 CFR Part 136.
46
-33-
1 6. Time and duration of the wastewater discharges.
2
3 7. Average and maximum daily wastewater flow rates,including any seasonal
4 variation of all wastestreams discharged.
5
6 8. A list of all environmental control permits held.
7
8 9. A statement from the property owner or landlord, if different from the
9 Industrial User,agreeing to the Industrial User's activities,manufacturing processes,and
10 chemical and material storage.
11
12 10. Site plans,floor plans,mechanical and plumbing plans with details to show
13 all sewers,sewer connections,pretreatment equipment,systems and devices,production
14 areas and all areas of wastewater generation.
15
16 11. A description of operations which shall include the nature, average rate of
17 production, and NAICS classification of the operation(s) carried out by the Industrial
18 User. This description shall include a schematic process diagram that indicates water
19 quality sampling location(s), and points of discharge to the Brine Line or tributaries
20 thereto, types of wastes generated, and a list of raw materials and chemicals used or
21 stored at the facility, which are, or could be discharged to the Brine Line, number of
22 employees,hours of operation, and type and amount of raw materials processed.
23
24 12. Informational sheets containing information describing the products
25 produced by the User;Federal Categorical designation(if applicable); what means are
26 used to produce the products;the waste generated by producing the product;plot plans
27 and diagrams of the facility and wastewater pretreatment facilities; process flow
28 diagrams of production, wastewater flow, and wastewater pretreatment facilities; and
29 waste disposal methods;
30
31 13. Flow measurement. The User shall submit information showing the
32 measured average daily and maximum daily flow in gallons per day to SAWPA from
33 federally regulated process wastestreams and other wastestreams as necessary to allow
34 use of the Combined Wastestream Formula.Water supply information may be required
35 that includes the water supplier's name(s) and account number(s).
36
37 14. Measurement of pollutants. The User shall identify the National
38 Pretreatment Standard applicable to each regulated process and shall describe which
39 subcategories might be applicable and cite evidence and reasons why such subcategories
40 are applicable and others are not as required by 40 CFR 403.6(a)(2). The User shall
41 submit the results of sample analyses identifying the nature and concentration(or mass
42 where required) of regulated pollutants in the discharge from each regulated process.
43 Either daily maximum and average concentration or daily loading in pounds per day
44 shall be reported. All samples shall be representative of daily operations. All analyses
45 shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and
46 amendments thereto.
-34-
1 15. Certification statement in 40 CFR Part 403.6(a)(2)(ii) executed by an
2 authorized representative of the User and prepared by a qualified professional,
3 indicating whether or not pretreatment standards (national categorical and local) are
4 being met on a consistent basis. If not, the industrial user shall state if additional
5 operation and maintenance or additional pretreatment equipment is necessary to achieve
6 compliance with pretreatment standards and requirements.
7
8 16. All data submitted,including monitoring data,shall be certified accurate by
9 an authorized representative of the Industrial User as set forth in 40 CFR Part
10 403.6(a)(2(ii).
11
12 17. Facility Waste Management Plan as defined in Section 520.0 of this
13 Ordinance.
14
15 18. Where a federal categorical process has been identified,the User shall submit
16 a Baseline Monitoring Report with all the elements required by 40 CFR 403.12(b)no
17 later than ninety(90) days before discharge commences.
18
19 19. Any other information as may be necessary for the General Manager to
20 evaluate the permit application.
21
22 E. Within ninety(90)days ofreceiving the completed Wastewater Discharge Permit
23 application,the General Manager shall evaluate the data famished by the applicant in the permit
24 application. After evaluation of the data furnished, the General Manager may issue a
25 Wastewater Discharge Permit subject to the terms and conditions provided in this Ordinance or
26 deny a Wastewater Discharge Permit. If the General Manager determines that sufficient
27 information has been provided by the applicant in the Wastewater Discharge Permit application,
28 the General Manager shall issue a Wastewater Discharge Permit to the applicant within ninety
29 (90) days of receipt of the Wastewater Discharge Permit application, if the General Manager
30 finds that all of the following conditions are met:
31
32 1. The proposed discharge of the applicant is in compliance with the
33 prohibitions and limitations of this Ordinance and related SAWPA resolutions;
34
35 2. The proposed operation and discharge of the applicant would not interfere
36 with the normal and efficient operation of the Brine Line or tributaries thereto and
37 OCSD's POTW;
38
39 3. The proposed discharge,operation or business activity of the applicant shall
40 not result in a violation of OCSD's NPDES permit or cause a Pass Through of my toxic
41 materials to the environment or OCSD's POTW biosolids; and
42
43 4. The applicant has been invoiced for all applicable Wastewater Discharge
44 Permit fees by SAWPA and paid such fees.
45
46
-35-
1 F. The General Manager may suspend the permit application process if the User's
2 business will not be operational and no wastewater is planned for discharge at the conclusion of
3 the application review process. The User must notify the General Manager at least ninety(90)
4 days prior to the commencement of the business activities and wastewater discharge.
5
6 G. If the General Manager determines that the proposed discharge(s) will not be
7 acceptable, then the General Manager shall disapprove the application and shall notify the
8 applicant in writing,specifying the reason(s)for denial.The denial may apply if the Userhas not
9 demonstrated adequate pretreatment equipment to ensure compliance with discharge limitations
10 and the Ordinance.
11
12 H. Approved Wastewater Discharge Permits shall be subject to all provisions of this
13 Ordinance and all other applicable regulations, charges and fees established by resolution by
14 SAWPA's Commission. Permits may contain the following except where noted as required:
15
16 1. A statement that indicates the permit issuance date, expiration date and
17 effective date(required);
18
19 2. A statement that the indicates the permit is non-transferable (required);
20
21 3. The unit charge or schedule of user charges and fees for the wastewater
22 discharged to the Brine Line and tributaries thereto as established by ordinance or
23 resolution;
24
25 4. Schedule of penalty fees for noncompliance as established by resolution
26 (required);
27
28 5. Limitations on the average monthly and maximum daily wastewater
29 pollutants and mass emission rates for pollutants and/or requirements for Best
30 Management Practices (required);
31
32 6. Limitations on the average monthly and maximum daily wastewater flow
33 rates;
34
35 7. Requirements for the submittal of a Facility Waste Management Plan;
36
37 8. Requirements for the submittal of daily, monthly, annual and long term
38 production rates;
39
40 9. Requirements for reporting changes and/or modifications to equipment
41 and/or processes that affect the quantity or quality of the wastewater discharged;
42
43 10. Requirements for installation and maintenance of monitoring and sampling
44 equipment and devices;
45
46
-36-
1 11. Self-monitoring, sampling, reporting, notification, and record keeping
2 requirements.These requirements shall include an identification of pollutants or BMPs
3 to be monitored, sampling location, sampling frequency, and sample type (required);
4
5 12. The process for seeking a waiver from monitoring for a pollutant neither
6 present nor expected to be present in the discharge (required);
7
8 13. Requirements for the installation of pretreatment technology, pollution
9 control,or construction of appropriate spill containment devices;
10
11 14. Specifications for monitoring programs which may include: sampling
12 location(s); frequency of sampling; pollutant violation notification and resampling
13 requirements; number, types and standards for tests; reporting schedules; and self-
14 monitoring standard operating procedures (SOPS);
15
16 15. Requirements to control Slug Discharge, if determined by the General
17 Manager to be necessary;
18
19 16. Requirements for reporting flow and pollutant exceedances;
20
21 17. Consent to entry onto the User's premises to assess compliance by
22 inspection,records examination, sampling, and monitoring;
23
24 18. If compliance with pretreatment standards cannot be met on a consistent
25 basis,then a schedule of compliance shall be required. This schedule shall provide the
26 shortest possible time for the User to provide additional pretreatment and/or operations
27 and maintenance to achieve compliance. The compliance schedule shall contain
28 increments of progress (called milestones)in the form of dates,not to exceed nine(9)
29 months unless specifically approved otherwise by the Commission, for the
30 commencement and completion of major events leading to the construction and
31 operation of additional pretreatment required for the User to achieve compliance with
32 applicable categorical pretreatment standards;
33
34 19. Compliance Schedule Progress Reports,if required,shall be submitted every
35 thirty (30) days during the time the compliance schedule is in force, including a final
36 compliance report at the conclusion of the compliance schedule. The User shall state
37 whether or not compliance was achieved for the increment of progress to be met on such
38 a date. If progress cannot be achieved,the User shall state the reasons for the delay and
39 the steps to be taken to return to the dates originally established in the compliance
40 schedule;
41
42 20. Requirements for submission of technical reports, contingency plans or
43 discharge reports,Baseline Monitoring Reports(BMR),compliance reports,or reports
44 on continued compliance;
45
46
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1 21. Reports on compliance with Categorical Pretreatment Standard Deadlines.
2 All Categorical Industrial Users shall submit reports to the General Manager containing
3 the information described in Section 501. For existing Categorical Industrial Users,the
4 report shall be submitted within ninety(90)days following the date for final compliance
5 with applicable categorical pretreatment standards. For new Categorical Industrial
6 Users, the report shall be due thirty (30) days following the commencement of
7 wastewater discharge into the Brine Line or tributaries thereto. These reports shall
8 contain long term production rates and actual production during the wastewater
9 sampling periods; All reports must have an accompanying statement reviewed by an
10 authorized representative of the User and certified to by a qualified professional staring
11 whether the pretreatment standards are or are not being met as set forth in 40 CFR
12 Section 403.12(b)(6)and amendments thereto;
13
14 22. All significant and Categorical Industrial Users shall submit Periodic
15 Compliance Reports at least every six months as specified in the Wastewater Discharge
16 Permit. These reports shall include effluent sample analyses with the time and
17 concentration or mass of the pollutants in the Wastewater Discharge Permit;average and
18 maximum daily wastewater flows for all regulated processes and total flow for the
19 reporting period; average and maximum daily production rates (if applicable); total
20 production for the reporting period (if applicable), and information related to the
21 application and compliance with Best Management Practices in use(if applicable);
22
23 23. All required reports: BMRs, compliance reports, periodic reports on
24 continued compliance,and sample data submittals, must be signed and certified by an
25 authorized representative of the User,using the certification statement contained in 40
26 CFR Part 403.6(a)(2)(ii));
27
28 24. Requirements for maintaining and retaining all records relating to the
29 wastewater monitoring, sample analyses, production, waste disposal, recycling, and
30 waste minimization as specified by the General Manager;
31
32 25. Requirements for notification of slug or accidental discharges, immediate
33 notification of the General Manager of any changes affecting the potential for a slug
34 discharge and significant changes in volume or characteristics of the pollutants
35 discharged;
36
37 26. Requirement for notification to SAWPA of all on-site spills;
38
39 27. Statement of applicable civil and criminal penalties for violation of
40 pretreatment standards and requirements,and any other applicable compliance schedule,
41 and responsibility for damages, legal expenses, attorney's fees, administrative and
42 overhead costs for violation of any applicable pretreatment ordinances, standards and
43 requirements and this Ordinance and amendments thereto (required);
44
45 28. No wastewater generated outside the SAWPA service area shall be accepted
46 unless prior approval is received from SAWPA's Commission and OCSD's General
-38-
1 Manager. Such approval will be on a case-by-case basis and in the Commission's and
2 OCSD's sole discretion; and
3
4 29. Other conditions as deemed appropriate by the General Manager to ensure
5 compliance with this Ordinance.
6
7 I. Wastewater Discharge Permit conditions and requirements may be appealed in
8 writing to the General Manager within fifteen (15) days after the issuance date. The written
9 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
10 written appeal shall be addressed by the General Manager within thirty(30)days from the date
11 of filing of the written appeal and may hold an appeal hearing with the Peanittee. The General
12 Manager shall issue a final written determination on the appeal within forty-five(45)days from
13 the date of filing of the written appeal. Any User aggrieved by the final decision issued by the
14 General Manager under this Section may seek an appeal to the SAWPA Commission by filing
15 an appeal within fifteen(15)days following the service of the General Manager's final written
16 determination on the appeal. The written appeal to the Commission shall state all of the facts
17 and reasons that constitute the basis for such an appeal. Failure to file such an appeal within
18 fifteen (15)days shall be deemed a waiver of the appeal process.
19
20 403.0 PERMIT DURATION. Wastewater Discharge Permits shall be issued for a specified
21 time period. Wastewater Discharge Permits issued to SIUs shall nomiallybe issued for a period
22 not to exceed two(2)years.Wastewater Discharge Permits issued to Users other than SIUs and
23 Special Purpose Discharge Permits shall normally not exceed three (3) years. Wastewater
24 Discharge Permits issued to Liquid Waste Haulers shall normally not exceed two (2) years.
25 Generally, permits shall not exceed the duration allowed by OCSD Ordinance No. 39 or
26 successors thereto. Under no circumstances shall a Wastewater Discharge Permit duration
27 exceed five (5)years.
28
29 404.0 DUTY TO COMPLY. All Users have a duty to comply with this Ordinance, related
30 resolutions, and all conditions and limitations in the permit. Failure to comply with the
31 requirements contained in this Ordinance,related resolutions and/or the permit maybe grounds
32 for Wastewater Discharge Permit Revocation pursuant to Section 607.0,termination of service
33 pursuant to Section 608.0, administrative actions, or enforcement proceedings including,
34 injunctive relief,civil or criminal penalties, and summary abatements pursuant to Article 6 of
35 this Ordinance. Mandatory minimum penalties shall also be assessed where appropriate.
36
37 405.0 PERMIT RENEWAL, EXTENSION AND FEES. All Users subject to wastewater
38 discharge permitting by SAWPA shall submit a completed Wastewater Discharge Permit
39 application for permit renewal at least ninety (90) days prior to the expiration of the User's
40 existing permit. All Users shall pay all applicable permit fees prior to the renewal of the
41 Wastewater Discharge Permit. No Wastewater Discharge Permit shall be renewed if the User
42 has not paid all applicable fees within thirty (30) days of invoicing by SAWPA, submitted
43 required monitoring information or production reports,or submitted any other required permit
44 information. In the event the General Manager cannot issue the permit prior to the expiration
45 date of the current permit and the submitted application has been received and deemed
46 complete,he/she may issue a written extension of the expired permit for up to thirty(30)days or
-39-
I as deemed appropriate by the General Manager. Users which do not have a valid Wastewater
2 Discharge Permit shall be considered in violation of this Ordinance and subject to enforcement
3 action and any applicable surcharge fee,fine,penalties,damages,legal expenses,attorney's fees,
4 administrative and overhead costs.
5
6 406.0 PERMIT MODIFICATIONS.The terms and conditions of the Wastewater Discharge
7 Permit may be subject to modification by the General Manager during the term of the permit as
8 limitations or requirements are modified or added or due to other just causes including,but not
9 limited to:
10
11 A. To incorporate any new or revised federal,state,or local pretreatment standards
12 or requirements;
13
14 B. To address significant alterations or modifications to the User's operation,
15 processes,or wastewater volume or character since the time of the Wastewater Discharge Permit
16 issuance;
17
18 C. A change in the OCSD's POTW that requires either a temporary or permanent
19 reduction or elimination of the permitted discharge. Reasonable time frames for compliance
20 will be used for Users affected by the change(s);
21
22 D. The permitted wastewater discharge poses a threat to the OCSD's POTW,
23 SAWPA personnel, contract employees,the public,or receiving waters;
24
25 E. Violation of any term or condition of the Wastewater Discharge Permit;
26
27 F. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater
28 Discharge Permit application or in any required reporting; or
29
30 G. To correct typographical or other errors in the Wastewater Discharge Permit.
31
32 Any modifications in the permit shall include a reasonable time schedule for compliance, if
33 necessary.
34
35 407.0 NO PERMIT TRANSFER OR ASSIGNMENT. Wastewater discharge permits are
36 issued to a specific User for a specific operation for a specified time. No Wastewater Discharge
37 Permit shall be assigned, transferred, pledged or sold to a new owner, new User, or different
38 premises.The permit is void if an attempt is made to assign,transfer,pledge or sell the permit to
39 a new owner,new User, or a different premise.
40
41 408.0 WASTEWATER DISCHARGE CONTRACT CAPACITY RIGHTS. Except as
42 otherwise provided in Section 409.0 below, no User shall exceed its wastewater discharge
43 capacity right into the Brine Line or tributaries thereto. Whenever a User's monthly average
44 flow exceeds the User's Wastewater Discharge Permit capacity right,the User shall notify the
45 appropriate Member Agency or Contract Agency and SAWPA within five(5)calendar days of
46 discovering the exceedance. If the monthly average flow exceedance is an isolated event,then
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1 the User shall be liable for costs incurred with the additional wastewater discharge in excess of
2 the purchased discharge capacity right. If the daily exceedance is a necessary part of the User's
3 business activities, then the User shall, within five (5) calendar days, make application to
4 acquire and pay for sufficient additional wastewater discharge capacity right in the Brine Line or
5 tributaries thereto which shall be retroactive to the date of the exceedance. The additional
6 purchased capacity right shall result in a wastewater discharge capacity right that exceeds the
7 User's daily flow by ten(10)percent or as approved by the General Manager. Any User who
8 fails to purchase the additional wastewater discharge capacity right when required shall be
9 subject to enforcement actions.
10
11 409.0 OPERATIONAL EMERGENCY DISCHARGE.Notwithstanding the provisions of
12 Section 408.0 above,if due to an operational emergency,a User must discharge in excess of its
13 existing wastewater discharge capacity right,then,after providing the General Manager with at
14 least two(2)business days advance notice if practicable,the User may do so for a period not to
15 exceed one-hundred eighty(180)days without incurring the obligation to purchase an additional
16 wastewater discharge capacity right,provided that the User fully complies with the provisions of
17 this Section, this Ordinance, permit conditions at all times, and pays for such discharge as
18 determined by the General Manager.
19
20 A. As used herein,"Operational Emergency",shall mean an equipment breakdown
21 or other malfunction which causes the User to discharge in excess of its existing treatment and
22 disposal capacity right in the Brine Line.
23
24 B. Prior to or by the next business day following the commencement of the
25 emergency discharge the User shall provide written notice to the General Manager identifying:
26
27 1. The nature of the emergency requiring the excess discharge;
28
29 2. The anticipated duration of the excess discharge; and
30
31 3. The name of the user's employee whom the General Manager may contact
32 for further information.
33
34 C. The General Manager may order that such emergency discharges cease
35 immediately or impose on the Discharger such requirements as the General Manager deems
36 appropriate and necessary to protect SAWPA's facilities and interest,including the Brine Line
37 and tributaries thereto, and OCSD's POTW.
38
39 D. User shall pay to SAWPA a surcharge on the flow exceeding the User's existing
40 wastewater discharge capacity right, in addition to the payment of the volumetric, BOD and
41 TSS charges for the entire daily flow. The surcharge shall be applied to the excess flow,BOO
42 and TSS and be calculated using the rate established annuallyby Resolution of the Commission.
43
44 E. If upon expiration of the one hundred eighty (180)day period the User's daily
45 flow continues to exceed the User's existing wastewater discharge capacity right,then the User
46 shall immediately acquire additional increments ofwastewater discharge capacity tight pursuant
-41-
1 to Section 408.0 of this Ordinance.
2
3 F. A User causing or making an Operational Emergency Discharge shall be liable
4 for any surcharges, fees, fines, penalties, damages, legal expenses, attorney's fees,
5 administrative and overhead costs, and other direct or indirect costs incurred by SAWPA as a
6 result of such discharge.
7
8 410.0 LIQUID WASTE HAULER PERMITS. Prior to discharging any wastewater to the
9 Brine Line or tributaries thereto, Users hauling and disposing of wastewater to a Collection
10 Station must apply for and obtain a separate liquid waste hauler permit. This permit is separate
11 and in addition to the Wastewater Discharge Permit required for each wastewater Indirect
12 Discharger or Generator. Liquid waste hauler permits are issued by the SAWPA General
13 Manager in accordance with Sections 401 and 402; after all required permit application
14 information,insurance,and fees are provided.Additional liquid waste hauler requirements are
15 defined in Section 509.0. All liquid waste haulers shall comply with all permit requirements
16 and conditions,permitting and disposal procedures as established by this Ordinance,and pay all
17 applicable fees established by resolution. All liquid waste haulers shall obtain all other
18 applicable permits required by city,county or state agencies. All liquid waste haulers shall also
19 abide by the following requirements and conditions:
20
21 A. Hauling and disposing of wastewater only to a designated and authorized Brine
22 Line Collection Station for permitted liquid waste haulers shall be established by SAWPA.
23
24 B. Liquid waste haulers seeking a permit to use SAWPA's Brine Line Collection
25 Stations shall complete and file with the General Manager a Liquid Waste Hauler Permit
26 application provided by SAWPA. This application may require the following information:
27
28 1. Name, address, and phone number of the liquid waste hauler.
29
30 2. Number of vehicles, gallon capacity of each vehicle, license plate of each
31 vehicle,tanker and trailer,ownership,make and model of all vehicles that are operated
32 by the hauler for purposes of hauling liquid wastes.
33
34 3. Person to contact regarding the information contained in the application.
35
36 4. The name and policy number of the insurance carrier and bonding company.
37 The Liquid Waste Hauler Company must carry the following insurance to be permitted
38 by SAWPA: a) General Liability of$1,000,000 per each occurrence and $2,000,000
39 General Aggregate;b)Commercial Auto Insurance of$1,000,000 combined single limit;
40 c)Workers Compensation of$1,000,000 per each accident;and d)Pollution Liability of
41 $1,000,000. Such liability insurance shall be in a form and with liability limits and
42 deductible satisfactory to the General Manager and such liability insurance requirements
43 shall be included in the permit issued to the liquid waste hauler. Separate Pollution
44 Liability insurance is not required if specifically covered by other liability policies.
45
46 5. The name(s), address(es), telephone number(s), and descriptions(s) of the
-42-
1 industries or clients contracting the liquid waste hauler to transport their wastewater to
2 the Brine Line Collection Station.
3
4 6. Authorized representative and signature.
5
6 7. Other information as may be required by the General Manager.
7
8 C. All liquid waste haulers shall obtain a Liquid Waste Hauler Permit from SAWPA
9 prior to discharging to the Brine Line or tributaries thereto. Liquid Waste Hauler Permits shall
10 be issued for a period of up to two (2) years. All terms and conditions of the permit may be
11 subject to modification and change by the General Manager at any time during the duration of
12 the permit. The liquid waste hauler permit may include the following:
13
14 1. Business name, address,and phone number.
15
16 2. Restrictions on discharge times and compliance with operating hours for
17 designated Collection Station.
18
19 3. Conditions upon which permit revocation, suspension, or termination can
20 occur.
21
22 4. Consent to enter the User's premises to assess compliance with permit
23 requirements and conditions and this Ordinance by inspection and records examination;
24
25 5. Permit number.
26
27 6. Record keeping and reporting requirements.
28
29 7. Compliance with applicable rules and regulations of this Ordinance and the
30 Riverside County Health Department, San Bernardino County Health Department, or
31 other county having jurisdiction regarding cleanliness, sanitary conditions, and liquid
32 waste hauler vehicle requirements.
33
34 8. Requirements to notify the General Manager immediately of any unusual
35 circumstances observed during liquid waste pumping operations.
36
37 9. Other conditions, limitations or prohibitions deemed appropriate by the
38 General Manager, including pollutant discharge limitations or local limits.
39
40 D. Permits to use the Brine Line Collection Stations of SAWPA are subject to all
41 applicable provisions of this Ordinance.
42
43 E. Liquid wastes disposed of at SAWPA's Brine Line Collection Stations shall be
44 subject to sampling and analysis to determine compliance with all applicable provisions of this
45 Ordinance. The sampling shall be performed or supervised by authorized personnel of SAWPA
46 or SAWPA's duly authorized designees and shall be taken at any time during the delivery of the
-43-
1 load, including prior to the discharge of the load from the liquid waste hauler to SAWPA's
2 Brine Line Collection Stations. If the wastes are found to be unacceptable, the liquid waste
3 hauler may be liable for all costs associated with the inspection, sampling, and analysis. The
4 General Manager may reject a load and deny disposal if the wastewater or required
5 documentation does not comply with the provisions of this Ordinance or the liquid waste
6 hauler's permit.
7
8 F. If the liquid waste hauler transports both industrial wastes and domestic wastes,
9 the liquid waste hauler shall remove all domestic waste contamination from the interior of the
10 vacuum tank prior to removing any industrial wastes from a permitted site.
11
12 G. The General Manager may deny the issuance of a liquid waste hauler permit on
13 any of the following conditions:
14
15 1. The applicant knowingly falsified information on the application or any
16 document required by the application;
17
18 2. The applicant's previous liquid waste hauler permit is under suspension or
19 probation or has been otherwise revoked; or
20
21 3. The applicant is not current on all disposal and permit related reports,
22 insurance, and payment of fees.
23
24 H. In the event a liquid waste hauler permit application is denied, the General
25 Manager shall notify the applicant in writing of such denial and the appeal procedures. Such
26 notification shall state the grounds for such denial and necessary actions that must be taken by
27 the applicant prior to the issuance of a permit.
28
29 I. All liquid waste hauler permits issued to any Person may be revoked,suspended
30 or entered into a probationary period upon a finding by the General Manager that any of the
31 following conditions exist:
32
33 1. Such Person or representative thereof failed to present for inspection the
34 permit's generator discharge authorization table upon request by an authorized
35 representative or employee of SAWPA;
36
37 2. Such Person or representative thereof has changed, altered or otherwise
38 modified the face of a permit or authorization document without the permission of the
39 General Manager;
40
41 3. Such Person or representative thereof has violated any condition of the
42 permit;
43
44 4. Such Person or representative thereof has falsified any application,record,
45 report or monitoring results required to be maintained, or has failed to make them
46 immediately available to the General Manager upon request or has withheld required
-44-
1 information,such Person or representative thereof has filed documents with falsified or
2 repeatedly incorrect information;
3
4 5. Such Person or representative thereof failed to halt immediately the discharge
5 from his or her truck into SAWPA's designated disposal site upon the order of any
6 authorized SAWPA employee;
7
8 6. Such Person or representative thereof discharged or attempted to discharge a
9 hazardous waste or material into SAWPA's designated discharge site;
10
11 7. Such Person or representative thereof discharged or attempted to discharge
12 domestic waste into SAWPA's designated discharge site;
13
14 8. Such Person or representative thereof has done physical violence or harm to
15 any SAWPA employee,authorized representative,or contract employee;
16
17 9. Such Person or representative thereof has made threatening remarks or
18 threatening acts towards any SAWPA employee,authorized representative,or contract
19 employee.
20
21 J. Any liquid waste hauler permit which has been revoked, suspended or entered
22 into probation pursuant to this Section maybe reinstated upon a finding by the General Manager
23 that the condition which resulted in such revocation no longer exists.
24
25 K. Upon determination of a violation of this Ordinance or the conditions of a liquid
26 waste hauler permit,the permittee shall be subject to the enforcement actions set forth in Article
27 6 of this Ordinance,or as is otherwise contained in the liquid waste hauler permit as necessary
28 to protect the Brine Line or tributaries thereto, OCSD's POTW, the public, the environment,
29 SAWPA employees, authorized representatives,or contract employees.
30
31 L. Suspension and periods ofprobation maybe imposed by the General Manager for
32 any length of time,up to one year.
33
34 411.0 COLLECTION STATIONS.Nothing in this Ordinance precludes the use of an alternate
35 Collection Station in the event of an emergency or planned maintenance activity that disrupts
36 service provided at the primary Collection Station.
37
38 412.0 GROUNDWATER, SURFACE RUNOFF, OR SUBSURFACE DRAINAGE.
39
40 A. The discharge of groundwater,surface runoff,or subsurface drainage directly or
41 indirectly to the Brine Line is prohibited unless determined by the General Manager, at his or
42 her sole discretion, that there is no alternative method of disposal reasonably available and to
43 mitigate an environmental risk or health hazard.
44
45 B. All Users having outdoor areas which allow wastewater and stormwater to enter
46 a common opening connected to the Brine Line or tributaries thereto shall install and maintain,
-45-
1 at the User's expense,a stormwater diversion valve in the common opening.
2
3 1. The stormwater diversion valve design and use shall be reviewed and
4 approved by the General Manager prior to installation.
5
6 2. The valve shall allow wastewater to enter the Brine Line or tributaries thereto
7 during dry weather and prevent stormwater from entering the Brine Line or tributaries
8 thereto during periods of inclement weather.The valve shall be operated and maintained
9 by the User per the permit requirements.
10
11 3. Unless permitted to do so in accordance with subparagraph(A)hereof, no
12 User shall allow wastewater and stormwater to mix.
13
14 C. Applications for consideration under subparagraph(A)shall be submitted to the
15 General Manager and shall include all information deemed necessary by the General Manager.
16 Information may include but is not limited to:
17
18 1. Completed permit application.
19
20 2. Detailed site information including but not limited to structure locations,
21 pavements,grades, storm drain facilities,hydrologic calculations.
22
23 3. Documentation justifying a need to discharge surface runoffto the Brine Line
24 or tributaries thereto to prevent surface and subsurface water contamination.
25
26 4. A description of the facilities to be provided and required operation and
27 maintenance by the User to prevent the pollution of stormwater by industrial waste and
28 waste generated by the User.
29
30 413.0 WASTEWATER FROM OUTSIDE THE SAWPA INLAND EMPIRE BRINE
31 LINE SERVICE AREA.
32
33 Any Generator outside of SAWPA's Inland Empire Brine Line service area proposing to
34 discharge wastewater at a Brine Line Collection Station must first obtain approval from
35 SAWPA's Commission and OCSD's general manager before a permit may be issued to
36 discharge under this Ordinance. Such approval will be on a case-by-case basis and at the sole
37 discretion of the Commission and OCSD.If such approval is provided,in addition to any other
38 conditions imposed by the SAWPA's Commission and the OCSD's general manager, the
39 Generator shall comply with the following conditions:
40
41 1. An interagency agreement to accept such waste between SAWPA,a Member
42 Agency or a Contract Agency and the sewer agency from where the waste is generated
43 will be executed.The agreement will specifically allow the Member Agency or Contract
44 Agency to issue a permit and conduct the Pretreatment Program at the Generator's site.
45
46
-46-
1 2. Written site access authorization shall be provided by the Generator to
2 SAWPA,the Member Agency or the Contract Agency for site inspections.
3
4 3. The Generator shall have a contract with a SAWPA permitted Liquid Waste
5 Hauler.
6
7 Except for an emergency, a threat to the health, safety and welfare of the community or
8 SAWPA,or a failure to comply with, or a violation of,this Ordinance and related resolutions,
9 SAWPA will endeavor to provide ninety(90)days advance written notice prior to terminating a
10 discharge permit issued to a Generator located outside the Inland Empire Brine Line Service
11 Area. The General Manager may terminate or revoke a permit issued under this subsection as
12 provided in this Ordinance.
13
14 Subject to applicable legal requirements,the rates charged to the Generator may be adjusted by
15 SAWPA as necessary to recover costs incurred.Permit and disposal fees for Generators and/or
16 Liquid Waste Hauler Permittees are determined by SAWPA Commission resolution.
17
18
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1 ARTICLE 5
2 MONITORING,REPORTING,INSPECTION AND FACILITIES REQUIREMENTS
3
4 501.0 MONITORING AND REPORTING.
5
6 A. At the direction and discretion of the General Manager, any User discharging
7 wastewater directly or indirectly into the Brine Line or tributaries thereto, shall be required to
8 install sampling station(s) and measuring device(s) to measure the quality and quantity of
9 wastewater discharged. These measuring devices may include but are not limited to: flow
10 meters and recorders,pH meters and recorders,and electrical conductivity meters and recorders,
11 and process water meters.
12
13 B. The sampling station and/or measuring device shall be provided by the User in
14 compliance with this Ordinance and all applicable building,plumbing,and construction codes.
15 Monitoring or metering facilities may be required to have a security closure that can be locked
16 with a SAWPA lock during sampling and monitoring. Construction shall be completed within a
17 reasonable time frame as required in written notification from the General Manager.
18
19 C. The General Manager shall have the absolute right to install temporanlyupon the
20 User's property such devices as are necessary to conduct wastewater sampling, compliance
21 monitoring or metering operations.
22
23 D. No User shall interfere with, delay, resist, or refuse entrance by authorized
24 SAWPA personnel or contract employees or authorized OCSD personnel installing wastewater
25 monitoring equipment on the User's property. Any permanent or temporary obstruction of easy
26 access to the sampling,monitoring,or metering locations shall be immediately removed by the
27 User or property owner at the written or oral request of the General Manager and shall not be
28 replaced.
29
30 E. The sampling station or measuring devices shall be maintained for continuous
31 sampling or metering. The measuring devices shall be calibrated as often as necessary to ensure
32 accurate measurements according to manufacturer's specifications. All maintenance and
33 calibration work shall be performed at the User's expense.
34
35 F. All Users that are required to install and maintain monitoring equipment shall
36 immediately report to SAWPA and the Member Agency or the Contract Agency the failure of
37 such equipment. The immediate notification may be accomplished by a telephone call,
38 electronic mail, telefax transmission,personal visit to SAWPA or the Member Agency or the
39 Contract Agency, or a hand delivered notification to SAWPA or the Member Agency or the
40 Contract Agency. A written report documenting the cause of the failure and the corrective
41 actions taken shall be submitted to the General Manager within five(5)days of discovering the
42 failure.
43
44 G. All Users that are required to self-monitor shall have all samples collected and
45 analyzed and reported according to 40 CFR 403.12(g))and amendments thereto. Samples shall
46 be collected and analyzed during the period covered by the report and shall be representative of
-48-
1 conditions occurring.
2
3 1. Except as indicated in 2 and 3 below, the User shall collect wastewater
4 samples using 24-hour time proportional composite samples. Time proportional
5 composite sampling or grab sampling, must be representative of the discharge.
6
7 2. Samples for oil and grease,temperature,pH,cyanide,total phenols,sulfides
8 and volatile organic compounds must be obtained using grab collection techniques.
9
10 3. For sampling required in support of baseline monitoring and 90-day
11 compliance reports,a minimum of four(4)grab samples must be used for pH,cyanide,
12 total phenols, oil and grease, sulfide and volatile organic compounds for facilities for
13 which historical sampling data do not exist.For facilities for which historical sampling
14 data are available a reduced number of samples may be allowed. For self-monitoring
15 sampling,the User is required to collect the number of grab samples necessary to assess
16 and assure compliance with the limits.
17
18 H. All pollutant sampling techniques and analyses, to be submitted as part of a
19 discharge application or self-monitoring report shall be performed in accordance with the
20 techniques in 40 CFR Part 136 and amendments thereto unless otherwise prescribed in a
21 categorical pretreatment standard or in the User's Wastewater Discharge Permit.
22
23 I. All Users that are required to self-monitor shall submit and certify all records of
24 sampling that include the following information and documents:
25
26 1. The date, sampling location, method, and time of sampling(including the
27 time for each grab whether or not they are later composited into one or more samples)
28 and the names of the person or persons taking the samples;
29
30 2. The dates the analyses were performed;
31
32 3. Who performed the analyses;
33
34 4. The analytical techniques/methods used;
35
36 5. The results of such analyses;
37
38 6. A copy of the laboratory sample analysis sheet; and
39
40 7. A copy of the chain-of-custody form
41
42 These records shall remain available for a period of three (3) years. This period shall
43 automatically be extended for the duration of any litigation concerning the User,or where the
44 User has specifically been notified of a longer retention period by the General Manager.
45
46 J. All permitted Users that take more than one grab sample in a 24-hour period to
-49-
1 demonstrate compliance with oil and grease shall comply with the following conditions:
2
3 1. No single oil and grease grab sample shall exceed the User's permitted
4 instantaneous maximum limit for oil and grease at any time.
5
6 2. The average result from all individual oil and grease grab samples taken in a
7 twenty-four hour period shall not exceed the User's permitted limit for oil and grease.
8
9 K. All Users that are required to self-monitor shall report pollutant violations in any
10 required wastewater sample to the General Manager within 24 hours of becoming aware of the
11 violation.The reporting may be accomplished by a telephone call,electronic mail sent to a pre-
12 approved list of electronic mail addresses,telef of transmission, or a personal visit to SAWPA
13 and a Member Agency or a Contract Agency. The violation reporting shall contain the date and
14 time of the wastewater sample,the discharge flow rate or volume represented by the sample,a
15 possible explanation for the violation(s),proposed corrective action,and the date scheduled for
16 the required resample. Failure to report pollutant violations as stated shall constitute a violation
17 of this Ordinance and may subject the User to enforcement actions.
18
19 L. Any sample collected from a sample box,designated sampling station or other
20 representative sampling location shall be considered representative ofthe wastewater discharged
21 to the Brine Line or tributaries thereto.
22
23 M. All Users that are required to have flow measurement are required to take daily
24 24 hour readings of their wastewater effluent flow. The User shall report exceedances of their
25 daily permitted flow within 24 hours of discovering the violation. The reporting may be
26 accomplished by a telephone call,electronic mail sent to a pre-approved list of electronic mail
27 addresses,telefax transmission,or a personal visit to SAWPA,or a hand delivered notification
28 to SAWPA. The flow exceedance report shall have the total flow, the reason for the flow
29 exceedance,and the name of the person reporting the flow exceedance.This report shall also be
30 in compliance with Article 4 of this Ordinance. Failure to report flow exceedances as stated
31 shall constitute a violation of this Ordinance and may subject the User to enforcement actions.
32
33 N. All Users that have pollutant violations are required to resample their wastewater
34 discharge for the pollutant in violation. This resampling is required and is separate and
35 independent of any wastewater sampling performed by SAWPA or routine self-monitoring
36 required by the Wastewater Discharge Permit. All resamples shall be obtained and analyzed
37 according to 40 CFR 403.12(g). All laboratory analyses shall be performed by a laboratory
38 certified by the State of California, Department of Public Health, Environmental Laboratory
39 Accreditation Program as being competent to perform the pollutant analyses requested. The
40 laboratory results from this resample and all required forms shall be submitted to the General
41 Manager no later than thirty (30) days after the User discovers or becomes aware of the
42 violation. Failure to submit the laboratory results within the 30-day requirement will result in
43 enforcement action.Failure to submit the required report within forty five(45)days of the due
44 date results in a determination of Significant Noncompliance (SNC) for the User.
45
46
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1 O. All Users, whose wastewater discharge is monitored by SAWPA, shall be
2 responsible for all resampling requirements contained in part (N) of this Section when a
3 pollutant violation is detected. SAWPA shall notify the User of the resampling requirements by
4 a telephone call,electronic mail sent to a pre-approved list of electronic mail addresses,telefax
5 transmission, or personal visit within twenty-four hours of confirming a pollutant or flow
6 violation.
7
8 P. All Users that desire to conduct their own wastewater sampling in lieu of a
9 certified contract laboratory shall submit a written plan describing the equipment used,
10 equipment cleaning methodology,employee training,sample preservation methods,and chain of
11 custody procedures. The User's wastewater sampling plan shall be approved by the General
12 Manager prior to the implementation of the plan. Any sample taken by a User without an
13 approved plan or from an unapproved laboratory shall not be valid,and may subject the User to
14 enforcement actions.
15
16 Q. All Users monitoring theirwastewater discharge forpollutants and characteristics
17 required for determining SAWPA use charges shall submit the sample results in the form of
18 self-monitoring reports as required in their Wastewater Discharge Permit. The frequency of
19 sampling,analysis,and reporting shall be set forth in the User's Wastewater Discharge Permit.
20 The analyses of the sample pollutants and characteristics shall be at the sole expense of the User.
21 Only sample analyses approved or performed by SAWPA shall be used in the determination of
22 the SAWPA use charge.
23
24 R. The User shall submit a written Contingency Plan that details alternatives to
25 discharging wastewater to the Brine Line during emergency situations in accordance with
26 Section 520.0.F of this Ordinance and the User's approved Waste Discharge Permit.
27
28 502.0INSPECTION.
29
30 A. The General Manager shall inspect the facilities of any Userusing the Brine Line
31 or tributaries thereto to ascertain whether all requirements of this Ordinance are being met.
32 Persons on the premises shall allow the General Manager and authorized OCSD personnel ready
33 access at all reasonable times to all parts of the premises for the purpose of inspection,sampling,
34 and records examination.
35
36 B. The User shall ensure that there is always a person on site, during normal
37 business hours, knowledgeable of the User's processes and activities to accompany the duly
38 authorized SAWPA representative(s)during the inspection.
39
40 C. The User shall provide immediate access when an emergency exists,regardless
41 of the hour of the day.
42
43 D. All pretreatment equipment shall be immediately accessible at all times for the
44 purpose of inspection. At no time shall any material,debris,obstacles or obstructions be placed
45 in such a manner that will prevent immediate access to the pretreatment equipment.
46
-51-
1 E. No Person shall interfere with, delay, resist or refuse entrance to the General
2 Manager when attempting to inspect any facility involved directly or indimetlywith a discharge
3 of wastewater to the Brine Line or tributaries thereto.
4
5 F. Where a User has security measures in force which would require proper
6 identification and clearance before entry into the premises, the User shall make all necessary
7 arrangements with the User's security personnel so that, upon presentation of suitable
8 identification,personnel from SAWPA or duly authorized personnel from SAWPA or OCSD
9 will be permitted to enter, without delay, for the purpose of performing their specific
10 responsibilities.
11
12 G. The User shall make available for copying by the General Manager all records
13 required to be kept under the provisions of this Ordinance.
14
15 503.0 INSPECTION WARRANTS. If the General Manager has been refused access to a
16 building,structure,or property,or any part thereofwith a wastewater discharge to the Brine Line
17 or tributaries thereto,and is able to demonstrate cause to believe that there maybe a violation of
18 this Ordinance, or that there is a need to inspect or sample the User's facilities as part of a
19 routine inspection and sampling program of SAWPA designed to verify compliance with this
20 Ordinance or anypermit or order issued hereunder,or to protect the overall public health,safety
21 and welfare of the community, then the General Manager may seek issuance of an inspection
22 warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section
23 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency
24 affecting the public health or safety, an inspection may be performed without consent or the
25 issuance of a warrant.
26
27 504.0 RECORD KEEPING. All Users shall keep records of waste hauling, reclamations,
28 wastewater pretreatment,monitoring device recording charts and calibration reports, effluent
29 flow, and sample analysis data and any documentation associated with Best Management
30 Practices established on the site of the wastewater generation. All these records are subject to
31 inspection and shall be copied as needed. All records must be kept on the site of wastewater
32 generation for a minimum period of three years. The records retention period maybe extended
33 beyond three years in the event criminal or civil action is taken or an extensive company history
34 is required.
35
36 505.0 FLOW MEASUREMENT.All Direct Dischargers shall install a continuous monitoring
37 flow meter capable of measuring industrial wastewater discharged to the Brine Line or
38 tributaries thereto. The User shall maintain an effluent flow log sheet and record the effluent
39 flow on a daily basis. The flow measurement device shall conform to standards issued by the
40 General Manager. The User shall report to the General Manager the type and size of the flow
41 meter. The flow meter shall be equipped with a non-resetting flow totalizer. All flow meters
42 shall be calibrated as often as necessary,but at no less frequent than annually. All new meters
43 shall be selected and installed to ensure accuracy of the actual flow discharged within plus or
44 minus two (2)percent as determined at the time of calibration. All existing and replacement
45 meters shall ensure an accuracy of the actual flow discharged within plus or minus five (5)
46 percent. All flow meter installations shall have posted in a conspicuous place,the flow meter's
-52-
1 size, type, totalizer units, and flow multipliers. The User shall immediately report to the
2 General Manager any flow meter malfunction or anomaly, and shall not attempt to repair or
3 replace the meter without the General Manager's prior written approval.
4
5 A. Flow Measurement System Design and Installation
6
7 1. Design. Design of flow measurement installations shall be performed under
8 the supervision of a California registered professional engineer of suitable discipline
9 competent in this field. Design and construction drawings and calculations shall be
10 stamped with the authorized seal of the supervising professional engineer and signed in
11 accordance with state law, to indicate review and approval of the work. Detailed
12 construction drawings for any new or significantly modified discharge flow
13 measurement system must be submitted for approval prior to any construction. These
14 drawings must show relevant slopes, elevations and locations of piping, types and
15 locations of instrumentation, details of flow measurement elements, estimated flow
16 range (maximum, minimum and average), and details of upstream and downstream
17 piping, structures, and devices which could influence flow conditions. Manufacturer's
18 calculations,catalog cuts and data sheets must be included with construction drawings
19 for any manufactured equipment to be installed as part of the flow measurement system.
20 Complete rating data and calculations shall be submitted for any engineered flow
21 measurement device.
22
23 2. Primary Measurement Devices. Both open channel (flume, weir) and
24 closed-pipe(magnetic)flow measurement systems are acceptable.Magnetic flow meters
25 are preferred for industries that have difficulty maintaining open channel flow
26 measurement.Any flow measurement element that is adversely affected by wastewater
27 characteristics is prohibited.Flow measurement devices shall be installed downstream
28 of final pretreatment facilities and as close as possible to the point of connection with
29 the Brine Line. Above-ground flow measurement installations may require a platform
30 for automatic samplers so that the top of the sampler will be higher than the water level
31 in the primary element.Because it is difficult to set automatic samplers for pressurized
32 closed pipe systems,use of a well-mixed side stream through an open channel device
33 (i.e. a sample box) may be required. To function correctly, flumes and weirs must be
34 properly installed in accordance with dimensional specifications.Additionally,flumes
35 must be set level with smooth joints where the influent pipe meets the maintenance
36 access structure or vault channel. To ensure accuracy of an open channel flow
37 measurement system, the upstream channel must be designed to prevent excessive
38 velocity and turbulence, while the downstream channel must be designed to prevent
39 excessive submergence and backflow.
40
41 3. Any additional monitoring equipment must not adversely affect hydraulics of
42 the open channel element.All open channel installations below grade must be directly
43 beneath the vault or maintenance access structure access cover to facilitate inspections
44 and field checks. All open channel installations at or above grade must have a staff
45 gauge for accuracy checks. Closed pipe meters must be appropriate for the type of
46 wastewater and range of flow rates,and must be installed to flow full at all times
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1 506.INTERCEPTOR REQUIREMENTS.All Users required to install a gravity separation
2 interceptor shall comply with the following conditions:
3
4 A. All interceptor chambers shall be immediately accessible at all times for the
5 purpose of inspection,sampling,cleaning,and maintenance. The User shall provide a separate
6 ring and cover for each separate interceptor chamber and any additional covers to insure
7 adequate cleaning capabilities. All rings shall be affixed to the interceptor to insure a gas and
8 water tight seal. At no time shall any material,debris,obstacles or other obstructions be placed
9 in such a manner that will prevent immediate access to the interceptor.
10
11 B. Any interceptor legally and properly installed before August 21, 2007, the
12 effective date of Ordinance No. 5 shall be acceptable as an alternative to the interceptor
13 requirements of this Ordinance. The interceptor shall be effective in removing floatable and
14 settleable material and shall be immediately accessible for inspection,sampling,cleaning,and
15 maintenance.
16
17 C. All drains and openings connected to an approved gravity separation interceptor
18 shall be equipped with screens or devices which will exclude from the wastewater discharge all
19 material and particles with a cubic dimension greater than one-half(1/2)of an inch.
20
21 D. All gravity separation interceptors shall be equipped with an influent tee
22 extending no more than six inches below the operating fluid level of the interceptor. The
23 interceptor shall also have tees extending to within 12 inches of the bottom at the exit side of
24 each chamber in the interceptor,including the final chamber. In a case where a manufacturer's
25 engineered interceptor design is contrary to this requirement,the General Manager shall review
26 the design and either approve or deny an exemption to this requirement.
27
28 E. All interceptors shall be equipped with a sample box or sample wye as
29 determined by the General Manager.
30
31 F. No User shall install or use any elbows or tees in any interceptor sample box.
32
33 G. If the General Manager finds that an interceptor is incapable of adequately
34 retaining Bearable and settleable material in the wastewater flow,is structurally inadequate or is
35 undersized for the facility,the General Manager shall reject such interceptor and declare that the
36 interceptor does not meet the requirements of this Section. The User shall thereupon be required
37 to install, at the User's expense, an interceptor that is acceptable to the General Manager.
38
39 507.0 STANDARD INTERCEPTOR DESIGNS.The General Manager will maintain a file,
40 available to the public, of suitable designs of gravity separation interceptors. This file will be
41 for informational purposes only and shall not provide or imply any endorsements of any kind.
42 Installation of an interceptor of a design shown in this file, or of any design meeting the size
43 requirements set forth in this Ordinance shall not subject SAWPA to any liability for the
44 adequacy of the interceptor under actual conditions of use. The User shall not be relieved of the
45 responsibility for keeping floatable and settleable material out of the Brine Line or tributaries
46 thereto.
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1 508.0 INTERCEPTOR MAINTENANCE.
2
3 A. Any User who owns or operates a gravity separation interceptor shall properly
4 maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to
5 ensure that sediment and floating materials do not accumulate to impair the efficiency of the
6 interceptor and odors do not accumulate which would cause a public nuisance. An interceptor is
7 not considered to be properly maintained, if for any reason the interceptor is not in good
8 working condition or if the operational fluid capacity has been reduced by more than 25%by the
9 accumulation of floating material, sediment, oils or greases.
10
11 B. The use of chemicals or other materials for the emulsification, suspension, or
12 dissolution of oil and grease is prohibited.
13
14 C. The use of microbiological agents to metabolize oil and grease or other
15 constituents, shall be reviewed for approval on a case-by-case basis. The User shall submit a
16 written request to the General Manager for the use of a microbiological agent prior to the use of
17 that agent.
18
19 D. When an interceptor is cleaned, the removed sediment, liquid and floating
20 material shall be legally disposed of other than to the Brine Line or tributaries thereto and shall
21 not be reintroduced into the interceptor or discharged into another interceptor at another location
22 not designed and permitted to accept such waste.
23
24 E. If the interceptor is not maintained adequately under the conditions of use,the
25 interceptor may be resized and the User shall install one that is effective in accomplishing the
26 intended purpose.
27
28 F. The User required to install an interceptor, is liable for any failure to properly
29 maintain such interceptor.
30
31 509.0 LIQUID WASTE HAULERS.All liquid waste haulers shall complywith all permitting
32 and disposal procedures as established by this Ordinance and pay all applicable fees established
33 by resolution. All liquid waste haulers shall obtain all other applicable permits required by city,
34 county or state agencies. All liquid waste haulers shall also abide by the following requirements
35 and conditions:
36
37 A. If any liquid waste hauler's load is determined to be hazardous pursuant to
38 applicable federal, state, or local regulations, then the liquid waste hauler shall be required to
39 remain at SAWPA's Brine Line Collection Station. The liquid waste hauler shall then make
40 arrangements for the legal disposal of the load. If the liquid waste hauler refuses to remain on
41 site,the General Manager shall notify the appropriate law enforcement agency to respond to this
42 violation.
43
44 B. Prior to any discharge to a SAWPA Brine Line Collection Station,all liquid waste
45 manifest forms shall be completed in full,approved and signed by SAWPA's General Manager
46 or his/her designated representative,or otherwise approved by an automated attendant before any
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I load is allowed to be discharged into SAWPA's Brine Line Collection Station. Brine Line
2 Collection Stations with less than full time staffing shall be provided with appropriate and
3 SAWPA-approved automation and procedural safeguards as specified in the disposal site permit
4
5 C. Falsification by a liquid waste hauler of any information in any permit
6 application,hauler's report or manifest,or correspondence shall be a violation of this Ordinance
7 and may result in termination,revocation or suspension of the liquid waste hauler permit and all
8 discharge privileges.
9
10 D. All reports and records required to be retained by this Ordinance, shall be
11 retained for a minimum of three years and shall be made available to the General Manager
12 immediately upon request.
13
14 E. All liquid waste haulers shall pay all applicable fees and charges. Failure to pay
15 any applicable fee or charge shall be a violation of this Ordinance and shall be cause for the
16 General Manager to suspend all waste discharge privileges until all applicable fees and charges
17 have been paid.
18
19 F. Contents of septic tanks,seepage pits,cesspools,or any other similar receptacles,
20 which contain no industrial waste, shall not be disposed of at SAWPA's Brine Line Collection
21 Station.
22
23 G. All liquid waste haulers operating within SAWPA's jurisdiction or tributaries
24 thereto, shall provide documentation as to the origin of the wastes hauled prior to discharging
25 into SAWPA's Brine Line Collection Stations. The origin of the waste means the physical
26 address from where the wastes were generated and,if different,the physical address from where
27 the wastes were obtained.
28
29 H. If the waste hauled by a liquid waste hauler is found unacceptable for discharge
30 into a SAWPA Brine Line Collection Station and is not classified as hazardous,then the liquid
31 waste hauler shall dispose of the wastes at a non-SAWPA legal disposal site. The liquid waste
32 hauler shall provide SAWPA with a copy of the waste hauler's manifest documenting the legal
33 disposal of the rejected wastes within fourteen(14)days from the date the waste was rejected.
34 As an alternative,the liquid waste hauler may return the rejected waste to the generator of such
35 rejected wastes for additional pretreatment,and the liquid waste hauler may return to a SAWPA
36 Brine Line Collection Station or another legal disposal site for discharge.The waste hauler shall
37 also provide SAWPA with a manifest documenting such alternative action. Failure to provide
38 verifiable documentation shall constitute a violation of this Ordinance and may result in
39 termination, revocation or suspension of the liquid waste hauler permit and all discharge
40 privileges.
41
42 I. No liquid waste hauler shall use any temporary, stationary, or mobile liquid
43 storage device in an attempt to mix or dilute any rejected load in order to achieve
44 compliance.
45
46
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1 1. Except as allowed in Section 509, Paragraph H., no liquid waste hauler shall
2 dispose of any rejected load into any septic tank,cesspool, seepage pit or similar devices, any
3 grease interceptor or trap, any storm drain, any collection system opening except those
4 authorized in writing by the General Manager, or return the rejected load back to the site of
5 origin
6
7 K. Liquid waste haulers are prohibited from discharging domestic waste into the
8 Brine Line or tributaries thereto.No liquid waste hauler shall mix industrial waste and domestic
9 septic wastes in an attempt to discharge the mixture to a SAWPA Brine Line Collection Station.
10
11 L. No liquid waste hauler shall discharge or cause to be discharged any material
12 defined as hazardous by RCRA.
13
14 M. Any authorized SAWPA employee, authorized representative or contract
15 employee shall have the authority to order the immediate cessation of the discharge from any
16 liquid waste hauler truck into a Brine Line Collection Station. Such order shall be based on the
17 employee,authorized representative or contract employee's best professional judgment that said
18 discharge maybe in violation of any applicable condition of this Ordinance ormayotherwise be
19 harmful to the operation of the Brine Line or tributaries thereto, OCSD's POTW or its
20 employees.
21
22 N. Any liquid waste hauler determined to be in violation of this Section may be
23 prohibited from future liquid waste disposal at a Brine Line Collection Station.
24
25 510.0 USE OF AND DAMAGE TO SAWPA EQUIPMENT OR FACILITIES.
26
27 A. No Person shall enter,break, damage, destroy,uncover, alter, change,modify,
28 deface or tamper with any temporary or permanent structure,equipment,or appurtenance which
29 is part of SAWPA's Brine Line without prior written approval by the General Manager.
30
31 B. Any Person who discharges or causes or contributes to the discharge of any
32 wastewater or materials which cause any obstruction, Interference, damage, or any other
33 impairment to the Brine Line,OCSD's POTW,or any other damages,including the imposition
34 of fines or penalties by state, federal or other regulatory agencies against SAWPA, shall be
35 liable to SAWPA for all fines, penalties, damages, legal expenses, attorney's fees,
36 administrative and overhead costs. An administrative fee of ninety(90)percent of SAWPA's
37 repairs and personnel costs shall be added to these charges. All charges shall be payable to
38 SAWPA within thirty(30) days of invoicing by SAWPA.
39
40 511.0 SEPARATION OF DOMESTIC AND INDUSTRIAL WASTE. Any User who
41 discharges industrial wastewater to Brine Line or tributaries thereto shall separate domestic
42 wastewater from all industrial wastewater until the industrial wastewater has passed through all
43 required pretreatment equipment or devices, and the User's industrial wastewater sample
44 point(s). For existing Categorical Industrial Users and Significant Industrial Users which cannot
45 separate the domestic wastes from the industrial wastes prior to a permitted sampling point,the
46 Combined Wastestream Formula shall be applied to determine applicable discharge limitations.
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1 512.0 LIMITATIONS ON WASTEWATER STRENGTH. No Person shall discharge
2 industrial wastewater into the Brine Line or tributaries thereto unless the wastewater conforms
3 to all of the pollutant limitations and requirements of this Ordinance and related SAWPA
4 resolutions. Pollutant limitations shall be revised and adopted by resolution as necessary to
5 ensure compliance with OCSD's POTW effluent and biosolids reuse. For Categorical Industrial
6 Users,the following options exist:
7
8 A. Where a categorical pretreatment standard is expressed in terns of either the
9 mass or the concentration of a pollutant in wastewater, the General Manager may impose
10 equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
11
12 B. When wastewater subject to a categorical pretreatment standard is mixed with
13 wastewater not regulated by the same standard,the General Manager shall impose an alternate
14 limit using the Combined Wastestream Formula.
15
16 C. A variance from a categorical pretreatment standard may be issued if the User
17 can prove,pursuant to the procedural and substantive provisions in 40 CFR 403.13,that factors
18 relating to its discharge are fundamentally different from the factors considered by the EPA
19 when developing the categorical pretreatment standard.
20
21 513.0 LOCAL LIMITS.The General Manager shall implement pollutant limitations developed
22 as Local Limits by OCSD pursuant to 40 CFR 403.5(c)and 403.8(f)(4)and amendments thereto,
23 and as Local Limits and Best Management Practices to protect the operation of the Brine Line
24 and prevent SSOs. These limitations are necessary to assure compliance with the OCSD's
25 NPDES permit, including the prohibition against Pass Through of any pollutants that cause a
26 violation of the permit or cause Interference with the POTW, and compliance with SWRCB
27 adopted Order No. 2006-003,a General Waste Discharge Requirement(WDR)for all publicly
28 owned sanitary sewer collection systems in California with more than one (1) mile of sewer
29 pipe. The pollutant limitations may be allocated among industrial user classes or individual
30 users as uniform concentration limits,or as the ratio of the total mass per User,or as a selected
31 industry reduction, or by such other method considering factors such as persistence of the
32 pollutant,equity,treatment feasibility,economic feasibility,and economics of scale,pollution
33 prevention and waste minimization measures,anticipated growth and enforcement feasibility.
34 Customer specific allocations at current POTW loadings may be created for public health
35 facilities providing a life saving service or procedure so long as the pollutant discharged will not
36 contribute to Pass Through, Interference or other violation of the OCSD's NPDES permit.
37 These pollutant limitations shall be continually developed as necessary and shall be adopted by
38 resolution. Specific pollutant limits shall not be developed and enforced without individual
39 public notice to affected Persons or Users.
40
41 514.0 PRETREATMENT OF INDUSTRIAL WASTEWATERS.All Users shall:
42
43 A. Provide wastewater pretreatment,as required,to comply with this Ordinance and
44 any applicable SAWPA resolution.
45
46
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1 B. Wastewater Discharge Permit conditions and requirements may be appealed in
2 writing to the General Manager within ten(10)business days after the issuance date.The written
3 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
4 written appeal shall be addressed by the General Manager within thirty(30)business days from
5 the date of filing of the written appeal and may hold an appeal hearing with the Permittee. The
6 General Manager shall issue a final written determination on the appeal within forty-five(45)
7 business days from the date of filing of the written appeal. Any User aggrieved by the final
8 decision issued by the General Manager under this Section may seek an appeal to the SAWPA
9 Commission by filing an appeal within ten (10) business days following the service of the
10 General Manager's final written determination on the appeal. The written appeal to the
11 Commission shall state all of the facts and reasons that constitute the basis for such an appeal.
12 Failure to file such an appeal within that ten (10) business day deadline shall be deemed a
13 waiver of the appeal process.
14
15 C. Wastewater Discharge Permit conditions and requirements may be appealed in
16 writing to the General Manager within ten(10)business days after the issuance date.The written
17 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
18 written appeal shall be addressed by the General Manager within thirty(30)business days from
19 the date of filing of the written appeal and may hold an appeal hearing with the Permittee. The
20 General Manager shall issue a final written determination on the appeal within forty-five(45)
21 business days from the date of filing of the written appeal. Any User aggrieved by the final
22 decision issued by the General Manager under this Section may seek an appeal to the SAWPA
23 Commission by filing an appeal within ten (10) business days following the service of the
24 General Manager's final written determination on the appeal. The written appeal to the
25 Commission shall state all of the facts and reasons that constitute the basis for such an appeal.
26 Failure to file such an appeal within that ten (10) business day deadline shall be deemed a
27 waiver of the appeal process.
28
29 D. Wastewater Discharge Permit conditions and requirements may be appealed in
30 writing to the General Manager within ten(10)business days after the issuance date.The written
31 appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The
32 written appeal shall be addressed by the General Manager within thirty(30)business days from
33 the date of filing of the written appeal and may hold an appeal hearing with the Permittee. The
34 General Manager shall issue a final written determination on the appeal within forty-five(45)
35 business days from the date of filing of the written appeal. Any User aggrieved by the final
36 decision issued by the General Manager under this Section may seek an appeal to the SAWPA
37 Commission by filing an appeal within ten (10) business days following the service of the
38 General Manager's final written determination on the appeal. The written appeal to the
39 Commission shall state all of the facts and reasons that constitute the basis for such an appeal.
40 Failure to file such an appeal within that ten (10) business day deadline shall be deemed a
41 waiver of the appeal process.
42
43 E. Whenever deemed necessary,the General Manager may require Users to restrict
44 their wastewater discharge,relocate and/or consolidate points of discharge, separate domestic
45 wastestreams from industrial wastestreams, and other such conditions as may be necessary to
46 protect OCSD's POTW and determine the User's compliance with the requirements of this
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I Ordinance.
2
3 F. Notify the General Manager of any pretreatment equipment failure within 24-
4 hours of discovering the failure. The notification may be made by a telephone call, telefax
5 transmission,personal visit to SAWPA's office,or a hand delivered notification to SAWPA's
6 office.
7
8 515.0 UNAUTHORIZED MONITORING AND PRETREATMENT EQUIPMENT
9 MODIFICATIONS. No User shall knowingly falsify, tamper with, or render inaccurate any
10 monitoring device or any pretreatment equipment or device. Such falsification,tampering,or
11 inaccuracy will be considered a violation of this Ordinance and will subject the User to
12 enforcement actions.
13
14 516.0 PRETREATMENT EQUIPMENT BYPASS.No User shall bypass any pretreatment
15 equipment or device unless the bypass is necessary to prevent loss of life,personal injury,and
16 severe property damage or when no feasible alternative exists. The User may allow the bypass
17 to occur provided that it does not cause pollutant limitation violations and is necessary to
18 perform essential maintenance to insure adequate operation of the pretreatment equipment or
19 devices. The General Manager may approve an anticipated bypass,after considering its adverse
20 effects,if the General Manager determines that it will meet the three conditions listed in 40 CFR
21 403.17(d)(1).Notification of the bypass shall comply with the following conditions:
22
23 A. Anticipated bypass: The User shall submit a written notice to the General
24 Manager at least ten(10)days before the date of the scheduled bypass.
25
26 B. Unanticipated bypass: The User shall notify the General Manager immediately
27 upon leaming that any pretreatment equipment or device has been bypassed. The User shall
28 submit a written report to the General Manager within five(5)working days. The report shall
29 include:
30
31 1. A description of the bypass, the cause of the bypass,and the duration of the
32 bypass;
33
34 2. If the bypass was corrected; and
35
36 3. The actions taken or proposed to reduce or prevent a reoccurrence of the
37 bypass.
38
39 517.0 PROHIBITED DISCHARGE OF RECOVERED PRETREATMENT WASTE.No
40 Person shall discharge waste recovered from pretreatment equipment, systems,or devices into
41 the Brine Line or tributaries thereto without authorization and permits from SAWPA and/or
42 other regulatory agencies having jurisdiction over the discharge of the waste. All recovered
43 pretreatment waste shall be disposed of in accordance with all applicable federal,state,county,
44 and local laws and regulations.
45
46
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1 518.0 INDUSTRIAL USER MODIFICATIONS.All permitted Industrial Users shall report
2 proposed changes in their operations to the General Manager for review thirty(30)days prior to
3 initiation of the changes. The reporting shall be done in writing from the authorized
4 representative of the permitted Industrial User. For the purposes of this section"changes"shall
5 include any of the following:
6
7 A. A sustained twenty(20)percent increase or decrease in the industrial wastewater
8 flow discharged or in production capacity.
9
10 B. Additions,deletions or changes to processes or equipment.
11
12 C. Experimentation with new processes and/or equipment that will affect the
13 quantity or quality of the wastewater discharged.
14
15 519.0 SPILL CONTAINMENT SYSTEMS. Spill containment systems,as may be required,
16 shall conform to requirements established by the General Manager. These requirements may
17 include,but not be limited to,the following:
18
19 A. No User shall operate a spill containment system that allows incompatible
20 substances to mix and thereby creating a hazardous or toxic substance in the event of a failure of
21 one or more containers.
22
23 B. Spill containment systems shall consist of a system of dikes, walls, barriers,
24 berms, or other devices designed to contain spillage of the liquid contents of containers.
25
26 C. Spill containment systems shall be constructed ofmaterials that are impermeable
27 and non-reactive to the liquids being contained.
28
29 D. Spill containment systems shall conform to local regulations and policies as to
30 percent containment, container type, size, outdoor covering, and the length of time spilled
31 material may remain in the spill containment system.
32
33 E. At no time shall a User use a spill containment system for the storage of waste
34 other than from a spill.
35
36 520.0 FACILITY WASTE MANAGEMENT PLAN.All permitted Industrial Users shall be
37 required to develop and maintain a Facility Waste Management Plan (FWMP). The FWMP
38 may consist of the following documents:
39
40 A. TOXIC ORGANIC MANAGEMENT PLAN(TOMP).A TOMP is required
41 of all Categorical Industrial Users which are permitted to submit a TOMP in lieu of required
42 pollutant monitoring. SAWPA reserves the right to require Total Toxic Organic monitoring of
43 all Users allowed to submit a TOMP.
44
45
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I B. SLUG DISCHARGE PREVENTION CONTROL PLAN (SDPCP). A
2 SDPCP is required of Industrial Users as determined by the General Manager.Considerations to
3 determine the need for a SDPCP include the use of Batch Discharges to dispose of wastewater,
4 stored chemicals or materials,or the potential for a Slug Discharge which,if discharged to the
5 Brine Line or tributaries thereto,would violate any of the prohibited discharge requirements of
6 this Ordinance.A SDPCP showing facilities and operation procedures to provide this protection
7 shall be submitted to the General Manager for review and approval before implementation.
8
9 Any User required to develop and implement an SDPCP shall submit an SDPCP which
10 addresses, at a minimum the following:
11
12 (a)Description of discharge practices, including non-routine batch discharges;
13 (b)Description of stored chemical;
14 (c) Procedures for immediately notifying SAWPA of any accidental or slug discharge.
15 Such notification must also be given for any discharge which would violate any of the
16 standards set forth in this ordinance and any local, state or federal regulations; and
17 (d) Procedures to prevent adverse impact from any accidental or slug discharge. Such
18 procedures include,but are not limited to inspection and maintenance of storage areas,
19 handling and transfer ofmaterials,loading and unloading operations,control of plant
20 site runoff, worker training, building of containment structures or equipment,
21 measures for containing toxic organic chemicals(including solvents),and/or measures
22 and equipment for emergency response.
23
24 Each User shall implement its SDPCP as submitted or modified after such plan has been
25 reviewed and approved by the General Manager. Review and approval of such plans and
26 operations procedures by the General Manager shall not relieve the User from the responsibility
27 to modify its facility as necessary to meet the requirements of this ordinance
28
29 C. PRETREATMENT SYSTEMS OPERATIONS AND MAINTENANCE
30 MANUAL. Such a manual shall be maintained on site by all Industrial Users operating and
31 maintaining pretreatment equipment for the removal ofpollutants from wastewater.The General
32 Manager may require the Industrial User submit the manual
33
34 D. HAZARDOUS MATERIALS AND HAZARDOUS WASTE
35 MANAGEMENT PLAN. Such a plan is required of all Industrial Users that use or possess
36 hazardous materials or generate hazardous waste. A city or county Fire Department-required
37 Business Emergency Plan may be substituted for this management plan.
38
39 E. WASTE MINIMIZATION/POLLUTION PREVENTION PLAN
40 (WM/PPP).
41
42 1. A WASTE MINIMIZATION/POLLUTION PREVENTION PLAN
43 (WM/PPP) is required of any Industrial User:
44
45 a. For whom the General Manager has determined such WM/PPP is
46 necessary to achieve a water quality objective;
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1
2 b. Determined by the State or Regional Board to be a chronic violator,and
3 the State or Regional Board or SAWPA's General Manager determines that a
4 WM/PPP is necessary, or
5
6 c. That significantly contributes, or has the potential to significantly
7 contribute,to the creation of a toxic hot spot as defined in Water Code Section
8 13391.5.
9
10 2. A WM/PPP required of an Industrial User shall include all of the following:
11
12 a. An analysis of one or more of the pollutants, as directed by the State
13 Board,Regional Board,or SAWPA,that the User discharges to the Brine Line
14 or tributaries thereto, description of the sources of the pollutants, and a
15 comprehensive review of the processes used by the User that result in the
16 generation and discharge of the pollutants.
17
18 b. An analysis of the potential for pollution prevention to reduce the
19 generation of the pollutants, including the application of innovative and
20 alternative technologies and any adverse environmental impacts resulting from
21 the use of those methods.
22
23 c. A detailed description of the tasks and time schedules required to
24 investigate and implement various elements of pollution prevention techniques.
25
26 d. A statement of the User's pollution prevention goals and strategies,
27 including priorities for short-tern and long-term action.
28
29 e. A description of the User's existing pollution prevention methods.
30
31 f. A statement that the User's existing and planned pollution prevention
32 strategies do not constitute cross media pollution transfers unless clear
33 environmental benefits of such an approach are identified to the satisfaction of
34 SAWPA and information that supports that statement.
35
36 g. Proof of compliance with the Hazardous Waste Source Reduction and
37 Management Review Act of 1989 (article 11.9 (commencing with Section
38 25244.12) of Chapter 6.5 of Division 20 of the Health and Safety Code) if the
39 User is also subject to that act.
40
41 h. An analysis,to the extent feasible,of the relative costs and benefits of the
42 possible pollution prevention activities.
43
44 i. A specification of, and rationale for, the technically feasible and
45 economically practicable pollution prevention measures selected by the User for
46 implementation.
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1
2 3. Any User who fails to complete a WM/PPP requiredby SAWPA or the State
3 or Regional Board, submits a plan that does not comply with this Section, or fails to
4 implement a plan required by SAWPA or the State or Regional Board,shall be liable to
5 SAWPA for any civil penalty assessed administratively by SAWPA or by a court in
6 accordance with this Ordinance, including any attorneys fees incurred by SAWPA.
7
8 F. EMERGENCY CONTACT LIST AND CONTINGENCY PLAN. All Users
9 are required to submit,and retain a copy on-site,a contingency plan that details the actions that
10 will be taken in the event of an emergency or other event that causes SAWPA or the Control
11 Authority to shut down the Brine Line. Said Plan shall include, but is not limited to the
12 following:
13
14 1. A list of names and telephone numbers of emergency contacts that can be
15 reached 24 hours a day (shall be provided to SAWPA semi-annually in January and
16 June).
17
18 2. A written plan(updated and provided to SAWPA annually in January)that
19 describes all available alternatives to discharging to the Brine Line, including on-site
20 storage, hauling, ceasing the discharge, or directing all wastewater flows to a local
21 POTW.
22
23 521.0 FEDERAL CATEGORICAL PRETREATMENT STANDARDS.All Industrial Users
24 subject to a National Categorical Pretreatment Standard shall comply with all requirements of
25 such standard, and shall also comply with any limitation contained in this Ordinance. The
26 National Categorical Pretreatment Standards found in 40 CFR Chapter I, Subchapter N and
27 amendments thereto are hereby incorporated herein by reference. Where duplication of the
28 same pollutant limitation exists,the limitation which is more stringent shall prevail.
29
30 522.0 NOTICE OF POTENTIAL PROBLEMS TO POTW. All Users shall immediately
31 notify SAWPA of all wastewater discharges that could cause a problem at OCSD's POTW or in
32 the Brine Line or tributaries thereto, including any slug loadings of any material. Wastewater
33 discharges that may cause a problem at OCSD's POTW or the Brine Line or tributaries thereto
34 include, but are not limited to, acids, alkalis, oils, greases, high strength organic waste,
35 hazardous materials and waste, colored wastes,and batch discharges. All Users shall provide
36 the General Manager,within five(5)business days from the incident,a written report detailing
37 the cause of the discharge and the corrective actions taken to prevent a recurrence.Anotice shall
38 be permanently posted at a prominent location at the User's facility advising employees and
39 listing the emergency call contact name and numbers in the event of a wastewater discharge that
40 could cause a potential problem. Employees who could cause or become aware of such a
41 discharge shall be advised of the emergency notification procedure.
42
43 523.0 WRITTEN RESPONSES. All Users required to provide written response to any
44 correspondence,order,or notice from the General Manager,shall do so in accordance with the
45 date specified in the correspondence,order,or notice. Failure to provide the written response by
46 the date requested shall constitute a violation of this Ordinance and may subject the User to
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1 enforcement actions.
2
3 524.0 FALSIFYING INFORMATION.Any User who knowingly makes any false statement,
4 representation, or certification in any record, report, correspondence, or other document
5 submitted or required to be maintained under this Ordinance,including monitoring reports and
6 records,or reports of compliance or noncompliance shall be in violation of this Ordinance and
7 may subject the User to enforcement actions.
8
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I ARTICLE 6
2 ENFORCEMENT
3
4 600.0 PURPOSE AND SCOPE. SAWPA's Commission finds that in order for SAWPA to
5 comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies and to
6 ensure that SAWPA's and OCSD's sewerage facilities and treatment processes are protected and
7 are able to operate with the highest degree of efficiency, and to protect the public health and
8 environment, specific enforcement provisions must be adopted to govern the discharges to the
9 Brine Line and tributaries thereto by permitted Users.
10
11 601.0 ENFORCEMENT RESPONSE PLAN (ERP). To the extent required by law or
12 agreement, SAWPA will use an Enforcement Response Plan (ERP), as required by 40 CFR
13 403.8(f)(5)to coordinate enforcement actions against Users and Persons in noncompliance with
14 this Ordinance.To the extent that there is any conflict between the ERP and this Ordinance,this
15 Ordinance shall take precedence.
16
17 602.0 ADMINISTRATIVE VIOLATIONS.There is hereby established a class of violations
18 to be known as Administrative Violations that are further subdivided into minor and major
19 administrative violations as follows:
20
21 A. Minor Administrative Violations include,but are not limited to,the following:
22
23 1. Submission of incomplete reports or questionnaires;
24
25 2. Failure to submit reports by the scheduled due date;
26
27 3. Failure to respond and submit to questionnaires;
28
29 4. Missing a compliance date without proper prior notification to SAWPA;
30
31 5. Failure to conduct sampling, including self-monitoring,when required;
32
33 6. Failure to notify the General Manager of a violation of permit conditions
34 within one (1)working day of the discovery of the violation; or
35
36 7. Failure to pay all required fees,penalties and charges within forty-five(45)
37 days from the due date.
38
39 B. Major Administrative Violations include,but are not limited to,the following:
40
41 1. Failure to notify the General Manager of a Slug Discharge immediately after
42 discovery of said discharge;
43
44 2. Failure to respond,by scheduled due date,to letters requiring responses orto
45 administrative orders;
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1 3. Missing a compliance date by more than forty-five(45) days;
2
3 4. Falsification of documents or attempting to mislead SAWPA or OCSD in
4 any manner whatsoever;
5
6 5. Failure to cooperate with SAWPA or contracted employees exercising their
7 authority under this Ordinance, including monitoring and inspection activities;
8
9 6. A pattern of minor administrative violations;
10
11 7. Failure to allow entry to authorized SAWPA employees, agents, OCSD
12 employees,or contracted employees,in the course of their job,onto the User's property;
13
14 8. Failure to produce records as required;
15
16 9. Failure to accurately report noncompliance;
17
18 10. Failure to submit required reports (self-monitoring, baseline monitoring
19 report,90-day compliance report,Compliance Schedule progress reports)or submitting
20 such reports more than forty-five (45)days late;
21
22 11. Failure to paypursuant to Section 304.0 of this Ordinance,permit application
23 fees,permit renewal fees,charges,or Administrative Penalties within sixty(60)days of
24 due date;
25
26 12. Intentional discharge of a prohibited waste by a Liquid Waste Hauler into the
27 Brine Line or tributaries thereto; or
28
29 13. Wastewater discharge without a valid Wastewater Discharge Permit after
30 notification.
31
32 C. Upon notice of appropriate mitigating circumstances and consistent with
33 applicable federal and state laws, the General Manager has sole discretion to treat a major
34 administrative violation as a minor administrative violation,or a pattem ofminor administrative
35 violations with aggravating circumstances as a major administrative violation.
36
37 603.0 VIOLATIONS OF DISCHARGE LIMITATIONS.
38
39 A. There is hereby established a class of violations to be known as discharge
40 violations that are further subdivided into minor and major discharge violations as follows:
41
42 1. Minor discharge violations are those that,either alone or in combination with
43 similar user discharge violations, pose, as determined by the General Manager, no
44 significant threat to the public health,safety or welfare,the environment,the Brine Line
45 or tributaries thereto,OCSD's POTW or to any SAWPA employee or contractor.
46
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1 2. Major discharge violations may include,but are not limited to,the following:
2
3 a. As determined by Significant Noncompliance criteria in 40 CFR
4 403.3(I);
5
6 b. Discharge violations which,either alone or in combination with similar
7 discharges pose, as determined by the General Manager, a significant threat to
8 the public health, welfare or safety, the environment, the safe and efficient
9 operation of the Brine Line or tributaries thereto, OCSD's POTW, or to any
10 SAWPA employee or contractor, or cause or contribute to the additional
11 treatment costs incurred by SAWPA or a violation of OCSD's NPDES permit,
12 or cause or contribute to Pass Through,Interference,or other known damages;
13
14 c. Discharging regulated pollutants to the Brine Line or tributaries thereto
15 without a current discharge permit;
16
17 d. A pattern of minor discharge violations;
18
19 e. Failure to correct a minor discharge violation within a specific time
20 period as directed by the General Manager; or
21
22 f Tampering with or purposely rendering inaccurate any monitoring
23 device,method or record required to be maintained pursuant to this Ordinance.
24
25 B. Upon notice of appropriate mitigating circumstances,the General Manager has
26 sole discretion to treat a major discharge violation as a minor discharge violation. The General
27 Manager also has sole discretion to treat a pattern of minor discharge violations with
28 aggravating circumstances as individual major discharge violations.
29
30 604.0 UNCLASSIFIED VIOLATIONS.For any violation by any User or Person that is not
31 classified herein, or for the violation of any rule or regulation promulgated hereunder, the
32 General Manager shall have the discretion to treat such violation as a minor or major violation
33 and to exercise enforcement authority accordingly. In exercising this enforcement authority,the
34 General Manager shall consider the magnitude of the violation, its duration, and its effect on
35 receiving waters,the Brine Line or tributaries thereto,OCSD's POTW,the health and safety of
36 SAWPA employees,contractors,Users,and the general public. The General Manager shall also
37 evaluate the User's or Person's compliance history,good faith,and any other factors the General
38 Manager deems relevant.
39
40 605.0 SEPARATE VIOLATIONS. Any User or Person found to be in violation of this
41 Ordinance shall be charged with a separate violation for each day the same violation exists.
42 Wastewater discharge pollutant violations shall be considered an individual violation for each
43 pollutant in violation.
44
45
46
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1 606.0 ADMINISTRATIVE ORDERS. The General Manager may require compliance with
2 Wastewater Discharge Permit conditions or limitations by issuing Administrative Orders that
3 are enforceable in a court of law or by directly seeking court action. The General Manager may
4 use Administrative Orders,either individually,sequentially,concurrently,or in any order for one
5 or more violations as appropriate for the circumstances. Administrative Orders include:
6
7 A. WRITTEN WARNING.A written warning shall be given to a User identified
8 to have a minor administrative violation of this Ordinance or permit condition or requirement.
9 The written warning shall be served personally or by certified mail upon the User, and the
10 written warning will state the provisions violated,the facts alleged to constitute the violation
11 and may include a correction notice at the discretion of the General Manager.
12
13 B. CORRECTION NOTICE. A correction notice shall be given to a User to
14 require correction of minor violations noted during an inspection by the General Manager of the
15 User's facility and may be issued in conjunction with a written warning.
16
17 1. Compliance time extensions may be granted to Users who fail to correct
18 minor violation required by a correction notice, upon showing of good cause by such
19 User.
20
21 2. For purposes of this Section, "good cause" means an unforeseeable and
22 unavoidable event or series of events,over which User had no control,which prevented
23 or significantly impaired the User's ability to comply with the correction notice.
24
25 3. A correction notice may require a written response within ten(10) days of
26 receipt; User shall provide a written explanation to the General Manager of the
27 violation,including specific actions taken to correct the violation. Submission of such a
28 response in no way relieves the User of liability for any violations occurring before or
29 after receipt of the written warning and/or correction notice.
30
31 C. MONITORING/PRODUCTION INFORMATION ORDER(MPIO)shall be
32 issued to a User for consecutive violations or if determined to be in SNC for the same pollutant
33 as detected either in SAWPA samples, User samples (self-monitoring), or both. The MPIO
34 shall be used to determine if discharge compliance has been achieved or if a detected violation is
35 consistent. The User may be required to sample the User's wastewater discharge for the
36 pollutants in violation and record the daily effluent wastewater flow for all production days
37 within a fourteen (14) consecutive day period or as determined by the General Manager that
38 industrial wastewater is discharged to the Brine Line or tributaries thereto. Production
39 information shall be required of all Categorical Industrial Users which have production based
40 discharge limits.
41
42 D. NOTICE OF VIOLATION(NOV). When the General Manager Finds that a
43 User has violated,or continues to violate,any provision of this Ordinance,related resolution,an
44 individual Wastewater Discharge Permit or any order issued under this Ordinance,the General
45 Manager may serve upon the User a written Notice of Violation (NOV). The NOV shall be
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1 served personally or by certified mail upon the User, and the NOV will state the provisions
2 violated, the facts alleged to constitute the violation and may include any proposed corrective
3 actions or monitoring. Within ten (10) business days of the receipt of the NOV, User shall
4 provide a written explanation of the violation, a plan for the satisfactory correction and
5 prevention thereof,including specific required actions,to the General Manager. Submission of
6 such a response and plan in no way relieves the User of liability for any violations occurring
7 before or after receipt of the NOV. Nothing in this Section shall limit the authority of the
8 General Manager to take any action,including any emergency actions or any other enforcement
9 action,with or without the issuance of a NOV.
10
11 E. VIOLATION MEETING shall be required of all Users who have failed to
12 achieve compliance after the issuance of an NOV or violation(s) resulting in significant
13 noncompliance. This meeting shall be for the General Manager to consider drafting a Consent
14 Order or Compliance Order and for the User to propose solutions,request time extensions,draft
15 a compliance schedule,or file an appeal.
16
17 F. CONSENT ORDER. The General Manager may, at any time after finding a
18 violation of this Ordinance,enter into an agreement with the violating User that shall be known
19 as a Consent Order. Such agreement may be in the form of compliance schedule with
20 milestones or other specific actions to be taken by the User to correct or prevent the
21 noncompliance within a time period specified in the order, or payment of damages,penalties,
22 fines,or other remedies. The Consent Order is developed between the User and SAWPA. This
23 Order shall have the same force and effect as any other administrative order issued pursuant to
24 this Ordinance and may include a civil penalty pursuant to Section 610.H. A Consent Order
25 maybe enforced by an Administrative Complaint under Section 610 or by court action.
26
27 G. COMPLIANCE ORDER.
28
29 1. A Compliance Order shall be issued to a User that has violated or continues
30 to violate this Ordinance, the User's Wastewater Discharge Permit, or any other order
31 issued under this Ordinance. The General Manager may issue a Compliance Order to
32 the User responsible for the violation(s)which shall specify the provisions violated and
33 the facts constituting the violation(s),and shall direct that adequate treatment facilities,
34 devices,or other related appurtenances be installed and properly operated by a specified
35 time period. Compliance Orders may also contain such other requirements as the
36 General Manager deems reasonably necessary and appropriate to assure timely
37 compliance with this Ordinance and to address the noncompliance. Such Order may
38 require the installation of pretreatment technology, additional self-monitoring,
39 management practices,adherence to a compliance schedule with milestones,submission
40 of action plans, appearance by the User at a specific time and place for a compliance
41 meeting, or other measures necessary to achieve and maintain compliance. The
42 Compliance Order is developed by the General Manager without comment from the
43 User and may include a civil penalty pursuant to Section 610.H.
44
45 2. If no public hearing on the alleged violation(s) has been previously
46 conducted, the alleged violating User may either submit a written explanation or other
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1 response to the Order or request the General Manager to conduct either an informal
2 meeting or a hearing. Such submission or request shall be in writing and filed with the
3 General Manager no later than ten(10)days after receipt of the Order. The request shall
4 not stay the Order.
5
6 3. A Compliance Order may be enforced by an Administrative Complaint under
7 Section 610 or by court action.
8
9 H. CIVIL PENALTY ORDER will be issued to a User by the General Manager or
10 SAWPA Counsel to assess penalties required by Sections 610.0, 611.0 and 619.0 of this
11 Ordinance and any other costs incurred by SAWPA in the investigation, monitoring, legal
12 assistance, enforcement, cleanup or repair caused by the User's violation. The Civil Penalty
13 Order may be included with any other Order.
14
15 I. CEASE AND DESIST ORDER shall be issued by the General Manager to any
16 User or Persons whose violation(s) of this Ordinance, a Wastewater Discharge Permit,or any
17 Order issued hereunder,pose a threat to the Brine Line or tributaries thereto, OCSD's POTW,
18 SAWPA employees or contractors, the environment or the public. A Cease and Desist Order
19 may also be issued by the General Manager to Users who continue to discharge wastewater to
20 the Brine Line or tributaries thereto, without a valid Wastewater Discharge Permit or in
21 violation of such permit. The General Manager may issue an order to cease and desist
22 immediately upon discovering any such violations and direct those Users or Persons in
23 noncompliance to take such appropriate remedial orpreventive action as maybe deemed needed
24 to eliminate a continuing or threatened violation,including halting operations and terminating
25 the discharge. Such order shall include the provision violated and the facts constituting the
26 violation. A Cease and Desist Order may also include a monetary penalty pursuant to Section
27 610.H.
28
29 J. SHOW CAUSE HEARING.The General Managermay order a User which has
30 violated, or continues to violate, any provision of this Ordinance, an individual Wastewater
31 Discharge Permit,or any Order issued under this Ordinance,or any other pretreatment standard
32 or requirement adopted by resolution or otherwise,to appear before the General Manager and
33 show cause why the proposed enforcement action should not be taken. Notice shall be served
34 on the User specifying the time and place for the meeting,the proposed enforcement action,the
35 reasons for such action,and a request that the User show cause why the proposed enforcement
36 action should not betaken. The notice of hearing shall be served personally or by certified mail
37 at least thirty(30) days prior to the hearing. The hearing shall be in the nature of a meet and
38 confer meeting. A show cause hearing shall not be a bar against,or prerequisite for,taking any
39 enforcement action against the User.
40
41 617.1 WASTEWATER DISCHARGE PERMIT REVOCATION. The General Manager
42 may revoke any Wastewater Discharge Permit if the User is in violation ofanyprovision of this
43 Ordinance. These violations can include but are not limited to: falsification of information by
44 the User required by this Ordinance;refusing right of entry when conditioned in the Wastewater
45 Discharge Permit; failure to re-apply for a Wastewater Discharge Permit or request a required
46 permit modification;failure to pay required permit fees or charges or discharging in violation of
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1 this Ordinance. Validity of the Wastewater Discharge Permit shall be conditioned upon the
2 Industrial User's compliance with the provisions of this Ordinance. The General Manager may
3 revoke the Wastewater Discharge Permit upon a minimum notice(written and sent by certified
4 mail)of fifteen (15)days when the General Manager finds that the wastewater discharge is in
5 violation of the provisions of this Ordinance or of any applicable federal, state, county or city
6 law or regulation or if the Industrial User has failed to pay any user fee or penalty within forty-
7 five(45)days of invoicing by SAWPA.Within the fifteen(15)days prior to the intended permit
8 revocation, the General Manager shall make a hearing available to the User. All costs for
9 Wastewater Discharge Permit revocation and reissuance shall be paid by the User.
10
11 608.0 TERMINATION OF SERVICE.Notwithstanding any provision to the contrary, and
12 without prior notice,the General Manager may immediately terminate wastewater service to any
13 User in order to stop an actual or threatened discharge which presents or may present an
14 imminent or substantial endangerment to the health or welfare ofpersons or to the environment,
15 or which causes Interference to the Brine Line or tributaries thereto,OCSD's POTW,or causes
16 OCSD to violate any condition of its NPDES permit or if the User has failed to obtain a valid
17 Wastewater Discharge Permit. If a suspension order has been issued, and the User fails to
18 comply voluntarily with the suspension order, the General Manager shall take such steps as
19 deemed necessary, including immediate termination or severance of the sewer service lateral
20 connection, to prevent or minimize damage to the Brine Line or tributaries thereto, OCSD's
21 POTW, or endangerment to any person or the environment. All costs for terminating service
22 shall be paid by the User. All costs for reestablishing service shall be paid by the User.
23
24 609.0 ANNUAL PUBLICATION NOTICE. The names of all Significant Industrial Users
25 which at any time during the previous twelve (12) months were found to be in significant
26 noncompliance with applicable Pretreatment Standards,Requirements and this Ordinance shall
27 be published at least annually in a newspaper of general circulation that provides meaningful
28 public notice, or other electronic means, within the jurisdictions of SAWPA in which the
29 Significant Industrial User is located, in accordance with 40 CFR 403.8(f)(2)(viii).
30
31 610.0 ADMINISTRATIVE COMPLAINT.
32
33 A. Notwithstanding Section 606,the General Manager may issue an Administrative
34 Complaint to a User who violates this Ordinance, permit requirement, or an Administrative
35 Order.
36
37 B. The Administrative Complaint shall allege the act or failure to act that constitutes
38 the violation, the provisions of law authorizing civil liability to be imposed and the proposed
39 civil penalty. The Administrative Complaint shall be served by personal delivery or certified
40 mail on the User and shall inform the User served that a hearing shall be conducted within sixty
41 (60) days after the User has been served.
42
43 C. The hearing shall be before a hearing officer designated by SAWPA's
44 Commission.The User who has been issued an Administrative Complaint may waive the right
45 to a hearing, in which case SAWPA shall not conduct a hearing. A User dissatisfied with the
46 decision of the hearing officer may appeal to the Commission of SAWPA within thirty(30)days
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1 of notice of the hearing officer's decision.
2
3 D. If after the hearing, or appeal, if any, it is found that the User has violated
4 reporting or discharge requirements,the hearing officer or the Commission may assess a civil
5 penalty against that User. In determining the amount of a civil penalty,the hearing officer or
6 Commission of SAWPA may take into consideration all relevant circumstances including,but
7 not limited to,the extent of harm caused by the violation,the economic benefit derived through
8 any non-compliance,the nature and persistence of the violation,the length of time over which
9 the violation occurs and corrective action, if any, attempted or taken by the User.
10
11 E. Civil Penalties maybe imposed as follows:
12
13 1. In an amount which shall not exceed $2,000.00 for each day for failing or
14 refusing to famish technical or monitoring reports [Government Code, Section
15 54740.5(d)(1)];
16
17 2. In an amount which shall not exceed $3,000.00 for each day for failing or
18 refusing to timely comply with any compliance schedule established by the General
19 Manager [Government Code, Section 54740.5(d)(2)1;
20
21 3. In an amount which shall not exceed$5,000.00 per violation for each day for
22 discharges in violation of any waste discharge limitation, permit condition, or
23 requirement issued, reissued or adopted by SAWPA [Government Code, Section
24 54740.5(d)(3)];
25
26 4. In an amount which shall not exceed $10.00 per gallon for discharges in
27 violation of any suspension,cease and desist order or other orders,orprohibition issued,
28 reissued or adopted by the General Manager[Government Code,Section 54740.5(d)(4)].
29
30 F. Unless appealed, orders setting administrative civil penalties shall become
31 effective and final upon issuance thereof, and payment shall be made within thirty (30) days
32 established by the order. Copies of these orders shall be served by personal service or by
33 certified mail upon the parties served with the administrative complaint and upon other persons
34 who appeared at the hearing and requested a copy.
35
36 G. All monies collected under this Section shall be deposited in a special account of
37 SAWPA and shall be made available for the monitoring, treatment and control of discharges
38 into the Brine Line and tributaries thereto.
39
40 H. The amount of any civil penalties imposed under this Section which have
41 remained delinquent for a period of sixty (60) days shall constitute a lien against the real
42 property of the User from which the discharge, Ordinance violation, or permit violation
43 originated resulting in the imposition of the civil penalty. The lien shall be recorded with the
44 County Recorder for the respective county and when recorded shall have the force and effect
45 and priority ofa judgment lien and continue for ten(10)years from the time of recording unless
46 sooner released,and shall be renewable in accordance with the provisions of Section 683.110 to
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1 683.220, inclusive, of the Code of Civil Procedure.
2
3 I. No penalties shall be recoverable under this Section for any violation for which
4 civil liability is recovered under Section 611.0.
5
6 J. Judicial Review
7
8 1. Any User aggrieved by a final order issued by the Commission under this
9 Section may obtain review of the order of the Commission in the Superior Court by
10 filing in the Court a petition for writ of mandate within thirty(30) days following the
11 service of a copy of a decision and order issued by the Commission.Any User aggrieved
12 by a final order of a hearing officer issued under this Section for which the Commission
13 denies review, may obtain review of the order of the hearing officer in the Superior
14 Court by filing in the Court a petition for writ of mandate within thirty (30) days
15 following service of copy of a decision and order denying review by the Commission.
16
17 2. If no aggrieved User petitions for writ of mandate within the time allowed,an
18 order of the Commission of SAWPA or a hearing officer shall not be subject to review
19 by any court or agency.
20
21 3. The evidence before the Court shall consist of the record before the
22 Commission of SAWPA,including the hearing officer's record,and any other relevant
23 evidence which, in the judgment of the Court, should be considered to effectuate and
24 implement policies of this Ordinance. In every such case, the Court shall exercise its
25 independent judgment on the evidence.
26
27 4. Subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure
28 shall govern review proceedings.
29
30 611.0 EMERGENCY SUSPENSION. The Commission or its General Manager may
31 immediately suspend a User's discharge,after notice to the User,whenever such suspension is
32 necessary to stop an actual or threatened discharge, which reasonably appears to present, or
33 cause an imminent or substantial endangerment to the health or welfare of persons. The
34 Commission or its agent may also immediately suspend a User's discharge, after notice and
35 opportunity to respond, that threatens to interfere with the operation of the POTW, or which
36 presents,or may present, an endangerment to human health or the environment.
37
38 A. Any User notified of a suspension of its discharge shall immediately stop or
39 eliminate its contribution. In the event of a User's failure to immediately comply voluntarily
40 with the suspension order, Commission may take such steps as deemed necessary, including
41 immediate termination or severance of the sewer connection,to prevent or minimize damage to
42 the POTW, its receiving stream, or endangerment to any individuals. The Commission may
43 allow the User to recommence its discharge when the User has demonstrated to the satisfaction
44 of the Commission that the period of endangerment has passed.
45
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1 B. A User that is responsible, in whole or in part, for any discharge presenting
2 imminent endangerment shall submit a detailed written statement,describing the causes of the
3 harmful contribution and the measures taken to prevent any future occurrence, to the
4 Commission prior to the date of any show cause or termination hearing under Sections 606.0
5 Item J and 608.0.
6
7 Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency
8 Suspension under this Section.
9
10 612.0 CIVIL LIABILITY FOR VIOLATIONS.
11
12 A. Any User that violates any provision of this Ordinance,any requirement of the
13 Wastewater Discharge Permit,or Administrative Order, may be civilly liable to SAWPA in a
14 sum not to exceed $25,000.00 a day for each violation. In addition to these penalties and
15 damages, the General Manager may recover reasonable attorney's fees, court costs, and other
16 expenses associated with the enforcement activities, including, but not limited to, sampling,
17 monitoring, laboratory costs and inspection expenses.
18
19 B. SAWPA's Legal Counsel is hereby authorized to petition the Superior Court to
20 impose, assess, and recover the sums as described in Section 612.0.A. In determining the
21 amount, the Court shall take into consideration all relevant circumstances, including but not
22 limited to,the extent of harm caused by the violation,the economic benefit derived through any
23 non-compliance,the nature and persistence of the violation,the length of time over which the
24 violation occurs, and any corrective actions, if any, attempted or taken by the User.
25
26 C. Notwithstanding any other provision of law, all civil penalties imposed by the
27 Court for a violation of this Section shall be distributed to SAWPA.
28
29 D. Remedies under this Section are in addition to an do not supersede or limit any
30 and all other remedies,civil or criminal,but no liability shall be recoverable under this Section
31 for any violation for which liability is recovered under Section 610.0.
32
33 613.0 CRIMINAL PENALTIES.
34
35 A. Any User which willfully or knowingly violates any provision of this Ordinance,
36 or any orders or permits issued hereunder shall,upon conviction,be guilty of a misdemeanor for
37 each separate violation per day, punishable by a fine not to exceed One Thousand Dollars
38 ($1,000.00) or imprisonment for not more than six months, or both for each violation. This
39 penalty is to be consistent with the Federal Clean Water Act, 33 U.S.C. 1251, et sea. and
40 amendments thereto, and shall apply to the exclusion of any other Ordinance provision more
41 lenient. Each such User shall be deemed guilty of a separate violation for each day any violation
42 of any provision of this Ordinance or Wastewater Discharge Permit is committed or continued
43 by such User.
44
45 B. Any User who knowingly makes any false statements, representations, or
46 certifications in any application,record,report,plan or other document filed or required to be
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1 maintained pursuant to this Ordinance or the User's Wastewater Discharge Permit, or who
2 falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
3 required under this Ordinance shall,upon conviction, be punished by a fine of not more than
4 One Thousand Dollars($1,000.00)per violation per day or imprisonment for not more than six
5 months, or both for each violation. This penalty shall be consistent with the Federal Clean
6 Water Act, 33 U.S.C. 1251, et sea. and shall apply to the exclusion of any other Ordinance
7 provisions more lenient.
8
9 614.0 LEGAL ACTION.If any User discharges wastewater into the Brine Line or tributaries
10 thereto in violation of the provisions of this Ordinance, federal or state pretreatment
11 requirements, or any order or permit issued hereunder, then SAWPA may commence an
12 enforcement and/or collection action for legal,equitable or injunctive relief in the appropriate
13 court of Riverside or San Bernardino County. Any such court action filed by SAWPA shall
14 entitle SAWPA to recover all reasonable attorneys' fees, court costs, expert witness fees and
15 related litigation expenses.
16
17 615.0 SUPPLEMENTAL ENFORCEMENT ACTIONS.
18
19 A. Performance Bonds. The General Manager may decline to issue or reissue a
20 Wastewater Discharge Permit to any User who has failed to comply with any provision of this
21 Ordinance,a previous Wastewater Discharge Permit,or Administrative Order issued hereunder,
22 or any other pretreatment standard or requirement, unless such User first files a satisfactory
23 bond payable to SAWPA,in a sum not to exceed a value determined by the General Manager to
24 be necessary to achieve consistent compliance.
25
26 B. Liability Insurance. The General Manager may decline to issue or reissue a
27 Wastewater Discharge Permit to any User who has failed to comply with any provision of this
28 Ordinance,a previous Wastewater Discharge Permit,or Administrative Order issued hereunder,
29 or any other pretreatment standard or requirement, unless such User first submits proof that
30 liability insurance satisfactory to the General Manager has been obtained by the User sufficient
31 to restore or repair damage to the Brine Line or tributaries thereto or OC SD's POTW.
32
33 C. Water Supply Severance. Whenever a User has violated or continues to violate
34 any provision of this Ordinance,a Wastewater Discharge Permit,or Administrative Order issued
35 hereunder,or any other pretreatment standard or requirement,water service to the User may be
36 severed. Service will only recommence,at the User's expense,after the User has satisfactorily
37 demonstrated the User's ability to comply.
38
39 D. Public Nuisance. A violation of any provision of this Ordinance,a Wastewater
40 Discharge Permit, or Administrative Order issued hereunder, or any pretreatment standard or
41 requirement is hereby declared a public nuisance and shall be corrected or abated as directed by
42 the General Manager. Any User creating a public nuisance shall be required to reimburse
43 SAWPA for any costs incurred in removing, abating, or remedying such nuisance.
44
45
-76-
1 616.0 REMEDIES NONEXCLUSIVE.The enforcement remedies for this Ordinance are not
2 exclusive. The General Manager may take any, all, or any combination of these remedies
3 against a non-compliant User. Enforcement of Ordinance, pretreatment, and Wastewater
4 Discharge Permit violations will generally be in accordance with SAWPA's Enforcement
5 Response Plan. The General Manager,however,may take other actions against any User when
6 the circumstances warrant. Further,the General Manager is also empowered to take more than
7 one enforcement action against any non-compliant User.
8
9 617.0 PAYMENT OF FEES, CHARGES,AND PENALTIES.
10
11 A. Unless otherwise specified, all fees,charges and penalties imposed pursuant to
12 this Ordinance are due and payable within forty-five(45)days of receipt of notice or invoicing
13 by SAWPA.
14
15 B. For Users who fail to pay any required fee,charge or penalty by the due date,the
16 following penalties shall apply:
17
18 1. Forty-six(46)days after the date of invoice,a penalty often percent(100/.)of
19 the original invoice amount,not to exceed$1,000.00 shall be assessed.
20
21 2. Ninety days(90)after the date of invoice,a total penalty of ten percent(10%)
22 of the original invoice amount,not to exceed a maximum of$4,000.00 shall be assessed.
23
24 C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for
25 immediate initiation of Wastewater Discharge Permit revocation proceedings or immediate
26 suspension of the Wastewater Discharge Permit. In addition,interest shall accrue on any unpaid
27 fees, charges or penalties at 10%per annum from the due date until paid.
28
29 D. Penalties charged under this Section shall not accrue to those invoices
30 successfully appealed.
31
32 E. Payment of disputed charges is still required by the due date during the General
33 Manager's review of any appeal submitted by a User.
34
35 618.0 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS.
36
37 A. Any User who discharges any waste which causes or contributes to any
38 obstruction, interference, damage, or any other impairment to the Brine Line or tributaries
39 thereto or OCSD's POTW and sewerage facilities or to the operation of those facilities shall be
40 liable for all costs required to clean or repair the facilities together with expenses incurred by
41 SAWPA or OCSD to resume normal operations. Such discharge shall be grounds for permit
42 revocation.A service charge of twenty-five percent(25%)of SAWPA's costs shall be added to
43 the costs and charges to reimburse SAWPA for miscellaneous overhead, including
44 administrative personnel and record keeping.The total amount shall be payable within forty-five
45 (45) days of invoicing by SAWPA.
46
_77_
I B. Any User who discharges a waste which causes or contributes to SAWPA
2 violating its discharge requirements established by any Regulatory Agency and/or OCSD and
3 causing SAWPA to incur additional expenses or suffer losses or damage to its facilities,shall be
4 liable for any costs or expenses incurred by SAWPA,including regulatory fines,penalties,and
5 assessments made by other agencies or a court.
6
7 619.0 APPEALS. Except for Administrative Complaints as provided in Section 610.0:
8
9 A. Within ten (10) business days after service of an Administrative Order under
10 Sections 606.17, G, H, I, 607 or 608, the User may file a written appeal with the SAWPA
11 Commission. A fee of one hundred dollars ($100.00) shall accompany any appeal to the
12 SAWPA Commission.The written appeal shall state all of the facts and reasons that constitute
13 the basis for such an appeal. The written appeal shall be heard by the SAWPA Commission
14 within thirty(30)days from the date of filing of the written appeal. The SAWPA Commission
15 shall issue a final order on the appeal within forty-five (45)days from the date of filing of the
16 written appeal. Any User aggrieved by a final order issued by the Commission under this
17 Section may seek judicial review of the order of the Commission in superior court by filing a
18 petition for writ of mandate within thirty (30) days following the service of a copy of the
19 Commission's final order.Failure to file such a petition within that thirty(30)-day deadline shall
20 be deemed a waiver of such judicial review.
21
22 620.0 ALTERNATIVE ENFORCEMENT PROCEDURES. As additional and alternate
23 enforcement provisions, the General Manager may utilize the procedures and seek the civil
24 penalties provided in Sections 54739, 54740, 54740.5 and 54740.6 of the California
25 Government Code for violations of this Chapter,federal or California pretreatment requirements
26 or the terms and provisions of any permits issued pursuant to this Ordinance.
27
28 621.0 INVALIDITY.If any provision of this Ordinance or the application thereof to any User
29 or circumstance is held invalid, the remainder of this Ordinance and the application of such
30 provision to other Users or circumstances shall not be affected thereby.
31
32 622.0 INTERPRETATION. All the provisions of this Ordinance are to be reasonably
33 interpreted. The intent herein is to recognize that there are varying degrees of hazard to the
34 Brine Line,OCSD's POTW,personnel,environment and the public and to apply the principle
35 that the degree of protection shall be commensurate with the degree of hazard.
36
37
_78_
I ARTICLE 7
2 MISCELLANEOUS PROVISIONS
3
4 700.0 SEVERABILITY.If any provision of these regulations or the application to any other
5 circumstances is held invalid, the remainder of the regulations or the application of such
6 provision to other Users or other circumstances shall not be affected.
7
8 701.0 EFFECTIVE DATE.This Ordinance shall take effect immediately upon adoption,and
9 Ordinance No. 6, and any amendments thereto, is hereby repealed and superseded by this
10 Ordinance.
11
12 702.0 JUDICIAL REVIEW OF ORDINANCE. Pursuant to Section 1094.6 of the Code of
13 Civil Procedure,the time within which judicial review shall be sought concerning the adoption
14 of this Ordinance is ninety(90) days following the date on which the decision adopting it is
15 final. The decision adopting this ordinance is final on the date it is adopted.
16
17
18 ADOPTED this 15'"day of October 2013
19
20
21 SANTA A WATERSHED P OJE AUTHORITY
22
23
24 By
25 on o th o fission
26
27 ATTZAI�
28
29
30 Byu.9ti_
31 Secretary-Treasurer of the Commission
-79-
SAWPA PRETREATMENT PROGRAM
Procedures
Appendix 2 -1
Enforcement Response Plan
SAWPA Pretreatment Program Procedures
November 7, 2013
FM
Pretreatment Program
Enforcement Response Plan
October 15, 2013
Table of Contents
1.0 Introduction~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~3
/\. Implementation 0[Program............................................................................................................3
B. CVDb.Vl Authority............................................................................................................................3
C. ERP Objectives...............................................................................................................................4
D. Member and Contract Agencies~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~ 5
2.0ERP- Overview~~~.~~.~~.~~^^. ~^.^.^ ^~^.^.^. ~^.^.^ ~.^.^.^. ~^.^.^ ^~^.^^.6
A. Pretreatment Program Elements .....................................................................................................6
B. Enforcement Response PlaD-Determination of Response.......................6
C. Carrying out of Enforcement~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~..7
D. Enforcement Closure......................................................................................................................7
E. Significant Non- .......... ............ ............ ......7
3.0ERP Screening step............................................................................................................................... 8
A. Implementation 0{Enforcement Actions.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~ 8
4.0 Violation Types................................................................................................................................... [A
A. Administrative Violations............................................................................................................. }0
l. Minor Administrative Vi0{ati0DS.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. 10
2. Major Administrative Violations.............................................................................................. 10
B. Violations of Discharge Limitations............................................................................................. 11
}. Minor Violations....................................................................................................................... }{
2. Maj0l\/i0}Wti0DS.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. |i
C. Unclassified Violations................................................................................................................. 1/
D. Separate Violations....................................................................................................................... 11
5.0 Basis for ERP & Guide....................................................................................................................... }2
A. Violation Categories~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~. |2
l. Unauthorized Discharges.......................................................................................................... 12
2. E%ceeJ8DceVf Discharge Limits .............................................................................................. l2
3. Violation 0fSelf-Monitoring Requirements............................................................................. }3
4. Violation 0{Permit Reporting Requirements........................................................................... 13
5. Violation 0[Administrative Mandates...................................................................................... 13
6. Violation VfOrdinance and Permit Conditions........................................................................ l3
B. Range of Enforcement Responses ~~.~.............................~~. }4
|. Informal Notice~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. |4
2. Written Warning.~~......~~...~...... ...... ........ ...... ...... 14
3. Correction Notice...................................................................................................................... l4
4. Information Order ......................... }5
5. Notice 0{Violation(N()l/).~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. 15
6. Violation Meeting..................................................................................................................... [5
7. Consent Order........................................................................................................................... l5
8. Compliance Order..................................................................................................................... l5
9. Civil Penalty Order.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~. 16
10. Cease and Desist Order......................................................................................................... [6
11. Show Cause Hearing.... ......,.,., ............ ............ ..... l6
12. Wastewater Discharge Permit Revocation............................................................................ l6
13. Emergency Suspension{}Oltr.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~~.~. 16
14. Termination 0[Service ...~~.~~.~~.~~.~. ~^.~~ ~.~ ~~. ~~^~^ ^~^.^. [7
15. Annual Publication for Significant Noncompliance............................................................. l7
Santa Ana Watershed Project Authority 1 ERP
October 15, 2013
16. Administrative Complaint..................................................................................................... 17
17. Civil Liability........................................................................................................................ 18
18. Criminal Penalties................................................................................................................. 18
19. Supplemental Enforcement Actions..................................................................................... 18
C. Criteria for Determining Appropriate Enforcement Actions........................................................ 18
1. Magnitude of the Violation....................................................................................................... 19
2. Duration and/or Frequency of the Violation............................................................................. 19
3. The Effect of the Violation on Public Health or the Environment........................................... 19
4. The Effect of the Violation on the Brine Line, OCSD's POTW,or Agency Personnel........... 19
5. Compliance History of the HJ................................................................................................... 19
6. Good Faith Efforts of the HJ to Eliminate Noncompliance...................................................... 19
D. Personnel Responsibilities............................................................................................................ 20
E. Enforcement Response Timeliness...............................................................................................20
List of Figures
Figure 1.1 —Pretreatment Program Regulatory Structure..........................................................5
Figure 3.1 —Violations Type Overview.............................................................................8
Figure2—ERP Overview............................................................................................34
List of Tables
Table I —ERP and Guide Implementation Timefirames...........................................................21
Table 2—Unauthorized Discharge Violations........................................................................22
Table 3—Violation of Discharge Limits.............................................................................24
Table 4—Violation of Self-Monitoring Requirements............................................................26
Table 5—Violation of Permit Reporting Requirements..........................................................28
Table 6—Violation of Administrative Mandates..................................................................29
Table 7—Violations of Ordinance or Special Permit Conditions..............................................31
Table 8—Personnel Responsibilities...............................................................................35
Santa Ana Watershed Project Authority 2 ERP
October 15, 2013
1 . 0 INTRODUCTION
A. IMPLEMENTATION OF PROGRAM
The Santa Ana Water Project Authority (SAWPA) Commissioners and the corresponding Member
and Contract Agencies (see Section 1.O.D) are committed to effectively enforcing the 40 CFR 403
Pretreatment Regulations and the agreements with Orange County Sanitation District(OCSD)by:
o Establishing and adopting an ordinance which regulates the use and quality of discharges
permitted to the Inland Empire Brine Line;
o Administering a permitting program to regulate industrial wastewater discharges from
Industrial Users(IU's);
o Monitoring and tracking compliance through inspection of IU facilities and sampling
industrial wastewater discharges;
o Evaluating and screening the results of inspection and sampling to identify pretreatment
program violations;
o Consistently responding to pretreatment program violations to ensure long-term compliance;
and
o Requiring IUs, as necessary, to treat their industrial waste and/or implement Best
Management Practices (BMP's) prior to discharge in order to meet the established
limitations.
The general procedures for implementing the above items we outlined in SAWPA's Pretreatment
Program Policy Manual and Procedures Documents. Ordinance No. 7, Article 6, Section 601.0
(Enforcement Response Plan), states that, "To the extent required by law or agreement, SAWPA
shall use an Enforcement Response Plan (ERP), as required by 40CFR 430.8(f) (5) and adopted by
resolution, to coordinate progressive enforcement actions against Users and persons in
noncompliance with this Ordinance." This document serves as the Enforcement Response Plan
(ERP).
B. CONTROL AUTHORITY
The ERP provides guidelines to ensure consistent and reasonable enforcement responses to
noncompliance with the Ordinance and permits issued to IUs. OCSD owns and operates the
Publicly Owned Treatment Works (POTW) to which the Brine Line discharges and has been
issued the National Pollution Discharge Elimination System (NPDES) permit by the Santa Ana
Regional Water Quality Control Board (SARWQCB), and therefore serves as the Control
Authority in accordance with the provisions established by the Federal Pretreatment
Regulations (40 CFR 403). The key to an effective ERP is to establish clear guidelines, with
flexibility where it is needed, and procedures with clew lines of authority for carrying out the
primary purpose and intent of the ERP which is to consistently meet water quality goals and
compliance standards established by Federal, State, and local regulatory agencies.
A Memorandum of Understanding between County Sanitation District No. 1 of Orange County(now
known as Orange County Sanitation District,OCSD)and the SAWPA was entered into on April 1,
1991 (1991 MOU). The 1991 MOU contains specific language related to retention of powers,water
quality,permitting,inspection,monitoring,enforcement, and reporting processes related to
Santa Ana Watershed Project Authority 3 ERP
October 15, 2013
wastewater discharges originating in the Upper Watershed of the Santa Ana Regional Interceptor
Line(now known as the Inland Empire Brine Line or Brine Line).
The 1991 MOU, Section 6.C, states that SAWPA,each Member Agency and each Contract Agency
are assigned the responsibility to develop, implement, and enforce a Pretreatment Program and
assume all obligations set forth in Title 40, CFR Part 403.
SAWPA has a Multijurisdictional Pretreatment Agreement(MJPA)with the Member Agencies and
the Contract Agencies to define the overall roles and responsibilities of all parties. The MJPA is
being revised(2013)to include SAWPA issuing and executing dual signatory permits with the
corresponding Member or Contract Agency to all dischargers.
In terms of 40 CFR 403,the RWQCB of the State of California's Environmental Protection Agency
is the Approval Authority, and OCSD is the Control Authority. Per Section LE of the 1991 MOU,
SAWPA retains the power to exercise jurisdiction and control in accordance with OCSD's ordinance
related to the quality requirements to be met by all dischargers of wastewater tributary to OCSD's
treatment and disposal facilities. SAWPA is considered a Delegated Control Authority and with its
Member Agencies and Contract Agencies through the MJPA and Ordinance No. 7, administer the
Program by performing permitting, inspections,monitoring,enforcement, and reporting duties as
stated in the 1991 MOU.
The 1991 MOU between OCSD and SAWPA(Section 6.C) stipulates that each Member Agency and
all other Contract Agencies that discharge to the Brine Line are to enter into an agreement with
SAWPA that acknowledges their responsibility to develop, implement, and enforce an industrial
pretreatment program and all obligations in 40 CFR 403.
The implementation of this ERP by SAWPA, Member Agencies, and Contract Agencies allows for
compliance with the 1991 MOU and 40 CFR 403.
C. ERP OBJECTIVES
The ERP works in conjunction with the Pretreatment Program Policy Manual, Procedures Document
and Standard Operating Procedures (SOPs) to effectively administer the pretreatment program
requirements. The overall pretreatment program provides a systematic way of determining whether
IUs are complying with requirements specified in the control mechanisms and legal authorities. The
ERP stipulates how and when to respond to noncompliance. All approved pretreatment programs are
required by federal regulation 40 CFR 403.8(t)(5) to develop and implement an effective ERP. The
ERP establishes progressive enforcement measures and may include a range of administrative
penalties associated for each level of enforcement. The consistency in enforcement response (e.g.
How Enforcement Actions are Implemented) is assured through the ERP. The ERP is designed to
meet the following objectives:
o Identify (in conjunction with the monitoring and inspection portion of the Pretreatment
Program) and investigate instances of noncompliance;
o Establish enforcement responses that are appropriate in relation to the nature and severity of
the violation and the overall degree of noncompliance; and
o Provide a guide to encourage uniform application of enforcement responses for comparable
levels and types of violations and to ensure adequate, consistent, and timely enforcement
actions.
Santa Ana Watershed Project Authority 4 ERP
October 15, 2013
D. MEMBER AND CONTRACT AGENCIES
Member Agencies are agencies that are part of SAWPA joint powers authority and part of the
SAWPA Pretreatment Program through a multijurisdictional agreement while Contract Agencies are
part of the SAWPA Pretreatment Program through the same multi-jurisdictional agreement without
being SAWPA members under the joint powers authority.
SAWPA's five member agencies are:
• Eastern Municipal Water District
• Western Municipal Water District
• Inland Empire Utilities Agency
• San Bernardino Valley Municipal Water District
• Orange County Water District(not part of the Pretreatment Program)
As of September 2013,the Contact Agencies included in the SAWPA Pretreatment Program are San
Bernardino Municipal Water Department,Yucaipa Valley Water District and Jurupa Community
Services District(JCSD).
Regardless of the affiliation with SAWPA both Member and Contract Agencies have a role in the
implementation of this ERP. Figure 1-1 illustrates the relationship between, OCSD, SAWPA,
Member Agencies, and Contract Agencies.
FIGURE I-1. PRETREATMENT PROGRAM REGULATORY STRUCTURE
Approval Authority
Control Authority
Ces Auahot Control
Auhority
Contract
Agencies
YaPa �oin�a sw=a �erewm =y.�"6..
o�,�aim oirenama.a rem arena`area oweiewi.i
imzbiu� xewr•ue. i��'i vim' imu<wu�. u...
oirec me�ai
a`.aimou
Santa Ana Watershed Project Authority 5 ERP
October 15, 2013
2 . 0 ERP - OVERVIEW
A. PRETREATMENT PROGRAM ELEMENTS
SAWPA's pretreatment program is administered through the Pretreatment Program Policy Manual
and the Procedures Documents. The Program is a network of several interdependent elements of the
Pretreatment Program Policy Manual and the Procedures Documents. Below is a general description
of the particular elements interface with enforcement.
1. The Legal Authority (Ordinance and Local Limits resolution) establishes the general
program requirements and the legal authority for the pretreatment program; defines
discharge limitations and prohibitions; and establishes and defines IU classifications; and
associated general monitoring and reporting requirements.
2. The permit contains specific IU requirements related to monitoring and reporting,
discharge limitations, and establishes approved sampling location(s) and frequency for
sampling wastewater discharges and monitoring flow rates.
3. Inspections are conducted to observe operation of the facility and ensure compliance.
Routine inspections are comprehensive evaluations of the IUs' manufacturing processes
and pretreatment equipment and monitoring devices. Other types of inspections can be
performed to verify compliance.
4. IU self-monitoring and sampling conducted by the delegated control authority is used to
provide a means to confirm compliance with the established limitations stated in the
permit and legal authority.
5. Results review/compliance screening confirms compliance with the established
limitations. Review of the results from the self-monitoring and sampling are compared
against the established limitations. In addition,required reports from the IU are reviewed
against established criteria, including timeliness.
Typically, when non-compliance is identified, it is compared to requirements established by
regulation, the legal authority, or permit requirements. Non-compliance is typically identified during
inspections or monitoring(sampling,reporting, etc.)results review/compliance screening.
B. ENFORCEMENT RESPONSE PLAN-DETERMINATION OF RESPONSE
If violations or other discrepancies are identified during Inspections or the Results
Review/Compliance Screening processes appropriate personnel evaluate the type of enforcement
response needed by utilizing the ERP. The ERP provides an enforcement response plan and guide to
assist in determining the appropriate enforcement response. These enforcement response
implementation guidelines are provide in Tables 1-7 located at the end of the document. The ERP
identifies the appropriate response based upon the:
o Nature,
o Frequency,
o Magnitude,
o Duration,
o Potential Impact, and
o Good Faith Efforts by the Violator to Eliminate the Noncompliance
Santa Ana Watershed Project Authority 6 ERP
October 15, 2013
C. CARRYING OUT OF ENFORCEMENT
Once the appropriate enforcement action is identified, the implementation is assigned to specific
personnel that have been identified in the ERP to have the authority to take that level of action. The
ERP also stipulates the time frame for taking required actions.
D. ENFORCEMENT CLOSURE
Depending on the nature of the enforcement action, in some cases verification or follow-up is
required. Minor/administrative enforcement action may be self-closing (e.g.,provide the report with
all the attachments). While other enforcement actions can involve installation of new equipment that
must be tested, etc. Verification can include additional sampling or inspections.
E. SIGNIFICANT NON-COMPLIANCE
SAWPA and the Member/Contract Agencies are responsible for identifying,tracking and addressing
significant non-compliance by IUs as a component of this ERP. Significant Non-Compliance (SNC)
will be determined on a fiscal year defined as July 1 through June 30 to coincide with OCSD's
annual reporting. Publication of the SNC as required by Pretreatment Program requirements will be
lead by SAWPA.
SNC is defined in 40CFR403.3(1)as follows:
1. Chronic violations of wastewater discharge limits,defined here as those in which 66 percent or more of
all the measurements for each pollutant parameter taken during a 6-month period exceed(by any
magnitude)a numeric pretreatment standard or requirement,including instantaneous limits,as defined by
40 CFR 403.3(I)
2. Technical Review Criteria(TRC)violations,defined here as those in which 33 percent or more of all the
measurements for each pollutant parameter taken during a 6-month period equal or exceed the product of
the numeric pretreatment standard or requirement including instantaneous limits,as defined by 40 CFR
403.3(I)multiplied by the applicable TRC(TRC=1.4 for BOD,TSS, fats,oil,and grease and 1.2 for all
other pollutants except pH)
3. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(I)(daily
maximum,long-term average, instantaneous limit,or narrative standard)that the POTW determines has
caused, alone or in combination with other dischargers,interference or pass through(including
endangering the health of POTW personnel or the general public)
4. Any discharge of a pollutant that has caused imminent endangerment to human health,welfare,or to the
environment or has resulted in the POTW's exercise of its emergency authority under paragraph
(0(1)(vi)(B)of 40 CFR 403.8 to halt or prevent such a discharge
5. Failure to meet,within 90 days after the schedule date,a compliance schedule milestone contained in a
local control mechanism or enforcement order for starting construction,completing construction,or
attaining final compliance
6. Failure to provide,within 45 days2 after the due date,required reports such as baseline monitoring reports,
90-day compliance reports,periodic self-monitoring reports,and reports on compliance with compliance
schedules
7. Failure to accurately report noncompliance
8. Any other violation or group of violations,which can include a violation of best management practices,
that the POTW determines will adversely affect the operation or implementation of the local pretreatment
program.
Santa Ana Watershed Project Authority 7 ERP
October 15, 2013
3 . 0 E R P SCREENING STEP
A. IMPLEMENTATION OF ENFORCEMENT ACTION%
The violations and discrepancies identified during the screening process are evaluated using the
ERP. The ERP is used to:
o Determine the appropriate enforcement steps (initial and follow-up);
o Establish staff responsibilities for implementing the enforcement action(s); and
o Designate time frames for progressive actions.
a. Categorizing Various Types of Violations. The first step in developing the ERP was to
prepare a list of typical violations. Categorizing the violations facilitates the organization
of noncompliance into smaller subsets that allows for consistent treatment of all
violations that fall within a specified area of concern. The organization also allows for a
systematic guide to resolving noncompliance using a step-wise escalated enforcement
approach. The first major differentiation comes from the segregation of noncompliance
events into administrative violations, discharge quality violations, and unclassified (all
other) violations as defined in Chapter 4, Section A. Each category is then subdivided
into major and minor violations. Figure 3-1 provides an overview this concept.
Figure 3-1.Violation Types Overview
rraneomvranea
Calegorlea
Adminidm Wastewater dndasaifietl(All
Violations Discharge LimX omen Malations
Violadon
P Notiw
tnyj Faits. No
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a
Yee Vde,ion wba$NC;PaXmmdNon. Na
L.l,.nar EvaeJe limit bya2n%: Minor
Minor Ftlemfelbnaoe,a .
Fe Faclns seen
ea Betl Mc.
ALhr
Santa Ana Watershed Project Authority 8 ERP
October 15, 2013
b. Range of Enforcement Responses. To be effective, enforcement steps must produce the
desired result — compliance. As such, each instance of noncompliance is handled with
escalating enforcement remedies. Progressively more severe consequences occur when
initial attempts are unsuccessful. Enforcement responses range from verbal (informal)
warnings through written notices, administrative orders, permit revocations, civil actions,
and criminal penalties. Because of the severe consequences associated with some of the
administrative orders, SAWPA encourages timely responses to all instances of
noncompliance. A concerted effort is made by the pretreatment program staff to resolve
instances of noncompliance in a fair and equitable manner.
As stated in Chapter 2, the criteria for determining appropriate enforcement actions is
related directly to the magnitude, duration and frequency of violation(s); the impact on
public health, the environment, the Brine Line and OCSD facilities; the compliance
history of the N; and the good faith efforts of the IU to eliminate the noncompliance.
Chapter 5, Section B below provides a comprehensive discussion of each enforcement
response option.
Certain significant violations, because of the impact on public health and welfare, the
environmental, or equipment operated by SAWPA or OCSD, produce an initial elevated
enforcement response that is appropriate for the level of threat created by the
noncompliance. These judgments are made at the sole discretion of the General Manager.
Santa Ana Watershed Project Authority 9 ERP
October 15, 2013
4 . 0 VIOLATION TYPES
This Chapter describes the three general areas of violation (Administrative, Discharge Limit, and
other Unclassified). Each general area of violation is further subdivided into major and minor
classifications. Examples are listed in each area to illustrate specific activities that enable SAWPA
to classify, according to significance,the various types of violations.
A. ADMINISTRATIVE VIOLATIONS
Administrative violations are described in Article 6, Section 602.0 of Ordinance No. 7, and are
generally directly related to a failure to report in a timely manner or take a specified action (or take
an inappropriate action).
1. Minor Administrative Violations — Most minor administrative violations are
determined through records review or when due dates are missed. The Minor
Administrative Violations include,but are not limited to:
a. Submission of incomplete reports or questionnaires;
b. Late Reports or failure to submit questionnaires by scheduled due date;
c. Missing a compliance milestone date without prior notification to SAWPA;
d. Failure to conduct sampling including self-monitoring when required;
e. Failure to notify SAWPA of a violation of permit conditions within one (1) working
day of the discovery of the violation; or
f. Failure to pay required fees, penalties, or charges within forty-five (45) calendar days
from the due date.
2. Major Administrative Violations — Major administrative violations, in general, are
those violations that are related to recurring or prolonged noncompliance with reporting
requirements or payment of required fees. Examples of Major Administrative Violations
include,but are not limited to:
a. Failure to respond to previous requests for information or to administrative orders;
b. Missing a compliance date by more than forty-five(45) days;
c. Falsification of documents or attempting to mislead SAWPA or OCSD in any
manner;
d. Failure to cooperate with SAWPA or contracted employees in the course of
performing their assigned duties;
e. A pattern of minor administrative violations;
L Refusal to allow entry to authorized SAWPA or contracted employees, in the course
of performing their job, onto User's property;
g. Failure to produce records or accurately report noncompliance;
h. Failure to submit required reports (self-monitoring, baseline monitoring, 90-day
compliance report, Compliance Schedule progress reports) or submitting such report
more than forty-five(45) days late ;
i. Failure to pay, within sixty (60) calendar days of the due date, any required fee,
penalty or charge as noticed by SAWPA;
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j. Intentional discharge of a prohibited waste by a Liquid Waste Hauler into the Brine
Line or tributaries thereto; or
k. Wastewater discharge without a valid Wastewater Discharge Permit after notification
that a valid permit was not currently in place.
B. VIOLATIONS OF DISCHARGE LIMITATIONS
Discharge violations occur when a limit, either specified in the Wastewater Discharge Ordinance or
the IU permit, has not been achieved(refer to Article 6, Section 603.0 of Ordinance No. 7).
1. Minor Violations — Minor discharge violations are defined as those that, either alone or
in combination with similar User discharge violations, pose,as determined by the General
manger, no significant threat to the public health, safety or welfare, the environment,
Brine Line or tributaries thereto, OCSD's POTW or to any SAWPA employee or
contractor.
2. Major Violations — Major discharge violations include, but are not limited to the
following:
a. Significant noncompliance (SNC) as defined in 40 CFR 403.3(1); see Section 3.E
above;
b. Discharges which, either alone or in combination with other discharges pose, as
determined by the General Manager, a significant threat to the public health, safety or
welfare, the environment, safe and efficient operation of Brine Line or tributaries
thereto, OCSD's POTW or to any SAWPA employee or contractor;
c. Cause or contribute to the additional treatment costs incurred by SAWPA or a
violation of OCSD's NPDES permit, or cause or contribute to pass through,
interference, or other known damages;
d. Discharging regulated pollutants to the Brine Line or tributaries thereto without a
current discharge permit;
e. A pattern of minor discharge violations;
f. Failure to correct a minor discharge violation within a specified time period; or
g. Tampering with or purposely rendering inaccurate any monitoring device, method or
record required to be maintained pursuant to the Wastewater Discharge Ordinance.
C. UNCLASSIFIED VIOLATIONS
The General Manager reserves the right and shall have the discretion to treat any violation that is not
otherwise classified, as a minor or major violation. The General Manager shall consider the
magnitude of the violation, its duration, and its effect on receiving waters, the Brine Line or
tributaries thereto, OCSD's POTW, the health and safety of SAWPA employees, contractors, Users,
and the general public. The General Manager shall also evaluate the User's compliance history, good
faith,and any other factors deemed relevant. (See Article 6, Section 604.0 of Ordinance No. 7).
D. SEPARATE VIOLATIONS
Any User found to be in violation of SAWPA's Ordinance shall be charged with a separate violation
for each day the same violation exists. Wastewater discharge pollutant violations shall be considered
an individual violation for each pollutant in violation(See Article 6, Section 605.0 of Ordinance No.
7).
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5 . 0 BASIS FOR ERP & GUIDE
The following types and patterns of violations represent those which are likely to occur. This
preliminary list establishes an appropriate and consistent enforcement response and provides
guidance for unclassified violations through the precedence set for similar types of classified
violations. This Chapter first describes the different types of violations and then presents the range
of enforcement responses as illustrated in Figure 5-2 found at the end of the ERP.
A. VIOLATION CATEGORIES
The types of violations are organized in six discrete categories: Unauthorized Discharges, Discharge
Limit Violations, Self-Monitoring Requirements, Permit Reporting Requirements, Violations of
Administrative Mandates, and Violations of Ordinance or Permit Conditions. Specific criteria (e.g.
deadlines for reporting, magnitude of violation,etc.)are described in Tables 2-7.
1. Unauthorized Discharges — All violations in this category are for discharges from an
unpermitted source; however the violation can occur under different circumstances. The
enforcement action for each case is dependent upon the harm caused or contributed to by
the violation. The following violations may occur and enforcement responses are
prepared for:
a. Discharging without a permit — The IU may be unaware of the requirements or is
aware but has not obtained a wastewater discharge permit previously. For most of the
SAWPA service area this is an unlikely occurrence for the Brine Line in that direct
dischargers must physically make a connection to the Brine Line and indirect
dischargers must haul their waste to a Collection Station that verifies the discharger
has a permit. For the JCSD service area, illegal or illicit connections, or existing
connections to the collection system are plausible; and Ns connecting without a
wastewater discharge permit may take place.
b. Failure to inform change of ownership—Changes in ownership requires a new permit.
The change in ownership may also change the nature of the discharge.
c. Discharging with an expired permit—Each IU is given sufficient notification to apply
for renewal of a permit. Unauthorized discharge occurs when a permit expires and
the IU continues to discharge.
d. Discharging with a suspended permit.
e. Discharging with a revoked permit— In this category the IU has been notified of the
revocation and may be subjected to a higher level of enforcement relative to the
others above.
2. Exceedance of Discharge Limits— General, specific, and prohibited discharge
standards and limitations are expressed in the IU permit and in the Wastewater Discharge
Ordinance. Any exceedance of those specified limits falls into this category. Violations
to discharge limits may be either major or minor violations depending on the magnitude,
frequency of occurrence, and the effect. The exceedance can be detected during any of
the following:
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a. Routine sampling(self-monitoring or delegated control authority monitoring)
b. Slug load discharge
c. Surveillance sampling
d. Compliance sampling(Under Compliance or Consent Order)
Enforcement responses are provided for: minor discharge violations, major discharge
violations, and recurring discharge violations.
3. Violation of Self-Monitoring Requirements — All [Us that self-monitor have
requirements for scheduled monitoring and reporting of the results. Violations which
may occur and for which enforcement responses have been prepared include:
a. Failure to sample as described in the self-monitoring requirements of the permit
b. Failure to submit self-monitoring report within specified time frame
c. Submitting an incomplete or deficient self-monitoring report
d. Failure to resample following a violation based on self-monitoring results
e. Repeated failure to self-monitor correctly
f. Intentional falsification of self-monitoring reports
g. Selective Reporting
4. Violation of Permit Reporting Requirements - Each IU permits contains specific
reporting requirements. Violations which may occur and for which enforcement
responses have been prepared include:
a. Failure to accurately report effluent flow monitoring data
b. Failure to accurately report process flow monitoring data
e. Failure to accurately report process changes
d. Failure to accurately report batch discharge
e. Failure to accurately report spills and slug loads
5. Violation of Administrative Mandates — These violations are caused when an IU
fails to respond to previously issued mandates, directives, administrative orders,
compliance schedule agreements, etc. Violations which may occur and for which
enforcement responses have been prepared include:
a. Failure to comply with a Correction Notice
b. Failure to comply with a Written Warning
c. Failure to comply with a Monitoring/Production Information Order(MPIO)
d. Failure to comply with a Notice of Violation
e. Failure to comply with a Consent Order
f. Failure to comply with a Compliance Order
g. Failure to comply with a Civil Penalty Order
h. Failure to comply with a Cease and Desist Order
f. Failure to comply with a Permit Revocation Order
6. Violation of Ordinance and Permit Conditions - These violations refer to an IU's
failure to comply with Ordinance or Permit conditions regarding record keeping,
maintenance of pretreatment equipment, BMPs, interfering or denying reasonable access
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to the facility, Ordinance prohibitions, etc. Violations which may occur and for which
enforcement responses have been prepared include:
a. Failure to install or maintain required BMPs, pretreatment equipment, spill
containment, representative sample point, or flow monitoring equipment
b. Failure to maintain records
c. Failure to comply with Ordinance prohibitions
d. Failure to allow reasonable access for the purpose of inspection
B. RANGE OF ENFORCEMENT RESPONSES
A range of enforcement responses has been developed to ensure that reasonable and effective
responses match the urgency for correcting the noncompliance. SAWPA pretreatment program
personnel will follow the provisions of this Enforcement Response Plan and the Wastewater
Discharge Ordinance to determine the appropriate steps to take when resolving noncompliance
issues. The following enforcement actions represent the range of responses available to SAWPA for
eliminating noncompliant activities. Nothing in any of the following enforcement actions shall be
construed to limit any authority of SAWPA to issue any other order or actions which are deemed
necessary to protect Orange County Sanitation District's Treatment Plant, Brine Line, personnel, the
environment, or public health or safety. The following enforcement responses, except for Informal
Notices and Correction Notice me included in Ordinance No. 7, Section 605.0.
1. Informal Notice — An Informal notice is for minor infractions only and may be verbal or
written. The intent is to point out a problem and encourage compliance without taking formal
compliance actions. The notice may come via telephone, e-mail, informal meetings, during an
inspection, or with a reminder letter. All informal notices are documented and retained in case
the IU fails to respond.
2. Written Warning - A Written Warning shall be given to a User identified to have a minor
administrative violation of this Ordinance or permit condition or requirement. The written
warning shall be served personally or by certified mail upon the User, and the written warning
will state the provisions violated, the facts alleged to constitute the violation and may include a
correction notice at the discretion of the General Manager.
3. Correction Notice. A correction notice shall be given to a User to require correction of minor
violations noted during an inspection by the General Manager of the User's facility and may be
issued in conjunction with a written warning.
1. Compliance time extensions may be granted to Users who fail to correct minor violation
required by a correction notice,upon showing of good cause by such User.
2. For purposes of this Section, "good cause" means an unforeseeable and unavoidable
event or series of events, over which User had no control, which prevented or
significantly impaired the User's ability to comply with the correction notice.
A Correction Notice may require a written response within ten (10) business days of receipt;
User shall provide a written explanation to the General Manager of the violation, including
specific actions taken to correct the violation. Submission of such a response in no way relieves
the User of liability for any violations occurring before or after receipt of the written warning
and/or correction notice.
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4. Monitoring/Production Information Order (MPIO) - This type of enforcement response is
warranted when an IU sample result, regardless of who collected the sample, indicates
consecutive violations for the same pollutant or if determined to be in SNC. The MPIO may
include the requirement for fourteen (14) consecutive production days of flow monitoring and
sampling for the pollutant(s) in violation. The MPIO is applicable and may be issued to
categorical users which have production based discharge limits.
5. Notice of Violation (NOV) — The written NOV is issued to an IU that has violated, or
continues to violate, any provision of this Ordinance, related resolution, an individual
Wastewater Discharge Permit or any order issued under this Ordinance. The NOV shall be
served personally or by certified mail upon the IU, and the NOV will state the provisions
violated, the facts alleged to constitute the violation and may include any proposed corrective
actions or monitoring. Within ten (10) business days of the receipt of the NOV, the IU shall
provide a written explanation of the violation, a plan for the satisfactory correction and
prevention thereof, including specific required actions. Submission of such a response and plan
in no way relieves the IU of liability for any violations occurring before or after receipt of the
NOV. .
6. Violation Meeting-This meeting is required when an IU failed to achieve compliance after
issuance of a NOV,or violation(s)resulting in SNC status. The purpose of the meeting is to
determine the appropriate next step in the enforcement process. Options include drafting a
Compliance Order, a Consent Order, or to determine if an extension in the compliance schedule
is warranted. The meeting also offers the User an opportunity to propose solutions or file an
appeal.
7. Consent Order - The General Manager may enter into an agreement with a violating IU that
contains a mutually agreed upon compliance schedule with interim compliance milestones for
correcting noncompliance within a specified time period, for payment of damages, penalties,
fines, or other remedies. The purpose of the Consent Order between SAWPA and the IU is to
allow the IU who has demonstrated a willingness to correct violations a voice in the development
of their Enforcement Compliance Schedule Agreement (ECSA). No element of ECSA shall
exceed nine (9) calendar months in duration.
S. Compliance Order — A Compliance Order shall be issued to an IU that has violated or
continues to violate this Ordinance, the User's Wastewater Discharge Permit, or any other order
issued under this Ordinance. The Compliance Order is to be issued to the IU responsible for the
violation(s)which shall specify the provisions violated and the facts constituting the violation(s),
and shall direct that adequate treatment facilities, devices, or other related appurtenances be
installed and properly operated by a specified time period. Compliance Orders may also contain
such other requirements deems reasonably necessary and appropriate to assure timely
compliance with this Ordinance and to address the noncompliance. Such Order may require the
installation of pretreatment technology, additional self-monitoring, management practices,
adherence to a compliance schedule with milestones, submission of action plans, appearance by
the IU at a specific time and place for a compliance meeting, or other measures necessary to
achieve and maintain compliance. The Compliance Order is developed by the General Manager
without comment from the User and may include a civil penalty pursuant to Ordinance Section
610.H.
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If no public hearing on the alleged violation(s) has been previously conducted, the alleged
violating IU may either submit a written explanation or other response to the Order or request the
General Manager to conduct either an informal meeting or a hearing. Such submission or
request shall be in writing and filed with the General Manager no later than ten (10) calendar
days after receipt of the Order. The request shall not stay the Order.
A Compliance Order may be enforced by an Administrative Complaint under Ordinance Section
610 or by court action.
9. Civil Penalty Order - This Order is issued by the General Manager or SAWPA Counsel. The
Order is used to assess penalties as required by the Ordinance and to cover other costs incurred
by SAPWA in the investigation, monitoring, administrative, legal, enforcement, cleanup and
repairs which are related to the rU's violation(s). This Order may be issued independently or
included with any other Administrative Order.
10. Cease and Desist Order - Cease and Desist Orders are issued to gain immediate compliance
from an IU when violations pose a threat to the Brine Line or tributaries thereto, OCSD's
POTW, SAWPA employees or contractors, the environment, or the public. Cease and Desist
Order may also be issued to an IU who continue to discharge wastewater to the Brine Line or
tributaries thereto, without a valid Wastewater Discharge Permit or in violation of such permit.
The Cease and Desist Order shall include the deadline for suspending the violating discharge or
condition and shall include pertinent facts that support the Cease and Desist Order. Issuance of a
Cease and Desist Order shall not be a bar against, or a prerequisite for taking any other action
against the IU.
11. Show Cause Hearing - An IU which has violated, or continues to violate, any provision of this
Ordinance, an individual Wastewater Discharge Permit, or any Order issued under this
Ordinance, or any other pretreatment standard or requirement adopted by resolution or otherwise,
may be required to appear before the General Manager and show cause why the proposed
enforcement action should not be taken. Notice shall be served on the IU specifying the time and
place for the meeting,the proposed enforcement action,the reasons for such action,and a request
that the IU show cause why the proposed enforcement action should not be taken. The notice of
hewing shall be served personally or by certified mail at least thirty (30) days prior to the
hearing. The hearing shall be in the nature of a meet and confer meeting. A show cause hearing
shall not be a bar against, or prerequisite for,taking any enforcement action against the TU.
12. Wastewater Discharge Permit Revocation - A permit may be revoked for any violation of
any provision of the Ordinance. The violations can include: falsification of required information,
refusing to allow entry to facility for the purpose of inspection, failure to re-apply for a
wastewater discharge permit, failure to pay required fees or charges, or for other reasons deemed
appropriate to protect the interests of SAWPA. Upon determination that there are reasonable
grounds for permit revocation, the General Manager may issue a permit revocation notice
(written and sent by certified mail) with a minimum notification of fifteen (15) days. The
General Manager shall make a hearing available to the User. The show cause hearing as to why
the revocation should not be issued. See the Show Cause Hearing section above for additional
information.
13. Emergency Suspension Order - The General Manager may immediately issue a Suspension
Order of the User's discharge, after notice to the User, in response to an actual or threatened
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discharge which reasonable appears to be present, or cause an imminent or substantial
endangerment to health and welfare; the environment; a discharge that causes or contributes to a
violation of OCSD's permit limits; interference with the Brine Line; or an endangerment to
OCSD or Brine Line personnel. Failure to comply with the Emergency Suspension Order may
lead to Termination of Service.
14. Termination of Service - The General Manager may immediately terminate all wastewater
disposal services to any User in order to stop an actual or potential discharge which presents an
imminent or substantial endangerment to health and welfare of persons or the environment, or
which cause interference to the Brine Line or tributaries thereto, OCSD's POTW, or cause
OCSD to violate any condition of its NPDES permit. Service may also be terminated for Users
who fail to obtain a valid Wastewater Discharge Permit. If the User fails to terminate the
discharge to the Brine Line and OCSD's POTW, the General Manager shall take such steps as
deemed necessary, including immediate severance of sewer service lateral connections, to
prevent or minimize damage.
15. Annual Publication for Significant Noncompliance - The names of all Significant
Industrial Users (SIUs) which are found to be in significant noncompliance or SNC with
established requirements will be published annually in the largest daily circulating newspaper
within the jurisdiction of SAWPA or within the location of the IU in accordance with 40 CFR
403.8(0(2)(viii).
16. Administrative Complaint - The General Manager of SAWPA may issue an Administrative
Complaint to any User who violates the Ordinance, a Wastewater Discharge Permit, or an
Administrative Order. Administrative Complaints are used to assess civil liability and to propose
a civil penalty. The Administrative Complaint is served by personal delivery or certified mail on
the IU. It informs the IU served that a bearing is to be conducted within sixty(60) days after the
IU has been served. The hearing and waiver procedures are found in the Ordinance, Section
610.0.
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At SAWPA's discretion, Civil Penalties may be imposed in accordance with Government Code,
Section 54740.5(d)as follows:
o In an amount not exceeding $2,000.00 for each day an IU fails or refuses to furnish
technical or monitoring reports;
o In an amount not exceeding $3,000.00 for each day an IU fails or refuses to timely
comply with any compliance schedule established by the General Manager;
o In an amount not exceeding $5,000.00 per violation for each day for discharges in
violation of any waste discharge limitation, permit condition, or requirement issued,
reissued, or adopted by SAWPA;
o In an amount not exceeding $10.00 per gallon for discharges in violation of any
suspension, cease and desist, or other order(s) issued, reissued or adopted by the General
Manager.
Any user aggrieved by a final order issued by SAWPA, under the Administrative Complaint,
may obtain review of the order of the Commission in the Superior Court by filing a petition for
writ of mandate within thirty(30) days following the service of a copy of said order.
17. Civil Liability - Civil liability may be assessed to those Ns as deemed appropriate by
SAWPA's General Manager and Legal Counsel. SAWPA's Legal Counsel is authorized to
petition the Superior Court to impose, assess, and recover a sum,not to exceed $25,000.00 a day
for each violation. The General Manager of SAWPA may also seek to recover reasonable
attorney fees, court costs, and all other costs associated with the enforcement activities.
18. Criminal Penalties - Criminal provisions are included for any User that willfully or knowingly
violates provisions of the Ordinance, Orders, or Permit. If convicted, the User is guilty of a
misdemeanor which includes punishment by a fine not to exceed $1,000.00 per day or
imprisonment for not more than six months, or both, for each violation.
19. Supplemental Enforcement Actions - The General Manager may decline to issue or reissue
a Wastewater Discharge Permit for cause, unless the User files a satisfactory performance bond
payable to SAWPA, in a sum not to exceed a value determined by the General Manager to be
necessary to ensure consistent compliance.
The General Manager may decline to issue or reissue a Wastewater Discharge Permit for cause,
unless the User first submits proof of liability insurance in a sufficient amount to restore or
repair damage to the Brine Line or tributaries thereto or OCSD's POTW.
Water supply severance may also be used in response to a violation or continued violations by an
IU as described in Ordinance Section 615.0.C.
C. CRITERIA FOR DETERMINING APPROPRIATE ENFORCEMENT ACTIONS
The previous two sections of this Chapter described the types of violations likely to occur and the
range of enforcement responses available to SAWPA. This section presents the criteria used in
determining the most appropriate response for each violation. In general, all enforcement responses
are determined by the following criteria: magnitude of the violation, duration and/or frequency of
the violation, effect on the environment or public health, effect on the Brine Line or tributaries
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thereto, effect on OCSD's POTW and their compliance status, the IU's compliance history, and the
good faith efforts of the IU to return to compliance.
1. Magnitude of the Violation - Violations must be evaluated against the potential or
actual threat created by the noncompliance. While some violations are isolated and
insignificant others, even as a single isolated event, require higher level enforcement
because of the magnitude of the impact created by the violation.
2. Duration and/or Frequency of the Violation - Regardless of the magnitude, the
duration of the violation must be considered in determining the enforcement response.
Escalating enforcement actions are available to discourage repeat (frequent) or long
duration violations.
3. The Effect of the Violation on Public Health or the Environment- The actual or
potential effect of a violation on public health or the environment is a significant factor in
determining the appropriate level of response. Enforcement responses needed to correct
violations that endanger public health or the environment is elevated to a higher level of
significance in order to correct the situation in a timely manner. The response includes
provisions for recovering costs incurred by SAWPA or OCSD as a result of the
noncompliance.
4. The Effect of the Violation on the Brine Line, OCSD's POTW, or Agency
Personnel - Violations which jeopardize the Brine Line, OCSD's POTW, or agency
personnel requires a level of response that minimizes the extent of the damage and
returns the User to compliance immediately. The response includes provisions for
recovering costs incurred by SAWPA or OCSD as a result of the noncompliance.
5. Compliance History of the IU - In determining the appropriate level of enforcement
response, the compliance history of the IU is taken into consideration. This history of
compliance also includes the IU's efforts in maintaining pretreatment equipment and the
development and implementation of pollution prevention and waste minimization
programs.
6. Good Faith Efforts of the ILI to Eliminate Noncompliance - Efforts by the IU to
eliminate noncompliance me factored into the enforcement response decision. Good faith
efforts is defined in the Clean Water Act (No. 95-14, Vol.3) as prompt and vigorous
pollution control measures undertaken by the discharger which shows that extraordinary
efforts (not a"business-as-usual"approach)have been made to achieve compliance.
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U. PERSONNEL RESPONSIBILITIES
Specific personnel have been identified for implementing the various enforcement activities and
responses. The General Manager of SAWPA has delegated responsibilities for each of the
enforcement responses as identified in Section B of this Chapter. The following abbreviations are
used in the ERP and Guide to indicate designated personnel:
AA: Administrative Assistant
IN : Inspector
OM: Eng. &Operations Manager
EN: Engineer/Permit Writer
MP: Manager of Permitting& Pretreatment
GM: General Manager
LC: Legal Counsel
SAWPA and the Member/Contract Agencies should designate the specific positions by job title or
classification that are assigned the responsibilities listed above. Table 8 found at the end of the ERP
should be completed for that designation to be documented. The designation should be byjob title
and not the person's name.
E. ENFORCEMENT RESPONSE TIMELINESS
Enforcement responses must be implemented as soon as violations we identified during the
screening process. Table 1 presents the guidelines established by SAWPA to ensure timely
responses to all noncompliance. The timelines are intended as guidelines and as a target for
responses under normal situations. As such, the actual response time, depending upon extenuating
circumstances, may be shorter or longer. SAWPA recognizes that unforeseen circumstances may
interfere in the implementation of the enforcement response which may result in the completion of
the required response beyond a time period otherwise anticipated or set forth in Table 1. An
example or overview of progressive response to noncompliance is illustrated in Figure 2 — ERP
Overview.
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Table I: ERP and Guide Timeframes
Enforcement Response Implementation Guidelines
Enforcement Response Im lementation Guidelines
Goal
work days) From
Informal Notices 5 Days Date the violation was identified
Correction Notice 5 Days Dale the violation was identified
Written Warning 10 Days Dale the violation was identified
Compliance Follow-up Inspection 30 Days Date the violation was identified
Compliance Audit 90 Days Date the NOV was transmitted
MPIO 10 Days Date the violation was identified
NOV 15 Days Date the violation was identified
Violation Meeting 30 Days Dale of compliance follow-up inspection
Consent Order 30 Days Date of Compliance Meeting
Compliance Order 30 Days Date of Compliance Meeting
Complaint to Recover Incurred Costs 90 Days Date when harm identified
Cease and Desist Order 10 Days Date IU fails to submit required permit application
5 Days Date IU's permit expired
2 Days Dale IU's permit suspended
1 Day Date when IU was known to have caused harm
1ODays Date for other appropriate unspecified violations
Show Cause Hearing 60 Days Dale of Violation Meeting
Suspension Order 1 Day Dale of Findings
Permit Revocation 30 Days From Hearing Date
Physical Termination of Service 10 Days Dale when IU notified of unpermilted discharge
10 Days Date when IU failed to comply with administrative
mandate
10 Days Date for other appropriate unspecified conditions
Notify Industry of SNC Status 10 Days Date from which SNC Status verified
Published during 1st Quarter of each Calendar
SNC Publication Annually Year
Administrative Complaint/Fine 60 Days Date from NOV
Civil Action to Recover Civil
Penalties 90 Days Date from NOV
The tables that follow summarize the anticipated violations, enforcement responses and the
personnel responsible for implementing the enforcement action(s). The guidance listed in each
table provides the necessary remedies to ensure a consistent approach with escalating
enforcement actions being implemented by progressively higher levels of autbority.
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ENFORCEMENT RESPONSE PLAN AND GUIDE
Table 2: Unauthorized Discharge Violations
Nature of
Violation Circumstances Range of Enforcement Response Personnel
Discharging .No Harm to Brine Line or ►NOV with Notice to submit permit
without OCSD application IN,EN
a Permit ►Cease&Desist Order OM,MP
►Administrative ComplainVFine OM,MP,LC
►Physical Termination of Service IN/OWIAP,LC,GM
.Harm to Brine Line or OCSD ►NOV with Notice to submit permit
application IN,EN
►Cease&Desist Order OM,MP
►Complaint for Recovery of SAWPA
Incurred Costs MP,LC
►Administrative Complaint/Fine OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
.No Harm to Brine Line or ►NOV with Notice to submit permit
Failure to Inform OCSD application IN,EN
Change of
Ownership ►Cease&Desist Order OM,MP
►Adminislrotive Complaint Fine OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
.Harm to Brine Line or OCSD ►NOV with Notice to submit permit
application IN,EN
►Cease&Desist Order OM,MP
►Complaint for Recovery of SAWPA
Incurred Costs MP,LC
►Administrative ComplaintlFine OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
Discharging with .Itl fails to renew permit on ►Cease&Desist Order OM,MP
Expired Permit time after proper notice- ►Administrative Complaint/Fine OM,MP,LC
Discharge has not caused
harts to Brine Line or OCSD ►Physical Termination of Service IN/OWMP,LC,GM
.IIJ fails to renew permit on ►Cease&Desist Order OM,MP
►Complaint for Recovery of SAWPA
time after proper notice- Incurred Costs MP,LC
Discharge has mused harm ►Administrative CDmplaintlFine OM,MP,LC
to Brine Line or OCSD ►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
.No Harm to Brine Line or
Discharging with OCSD ►Cease&Desist Order OM,MP
Suspended Permit ►Administrative CDmplaintlFine OM,MP,LC
►Permit Revocation Proceedings IN/OhllMP,LC,GM
.Harm to Brine Line or
OCSD ►Cease&Desist Order IN,EN
►Administrative ComplainUCivil Penalties OM,MP,LC
►Complaint for Recovery of SAWPA
Incurred Costs OM,MP,LC
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Table 2: Unauthorized Discharge Violations (Cont'd)
Nature of
Violation Circumstances Range of Enforcement Response Personnel
Discharging with .Harm to Bnne Line or OCSD ►Permit Revocation Proceedings IN/OM/MP,LC,GM
Suspended Permit
(Cont') ►Criminal Penalties
.No Harm to Brine Line or
Discharging with OCSD ►Cease&Desist Order/Court Injunction IN/OWMP,LC,GM
Revoked Permit II-Administrative Complaint/Civil Penalties OM,MP,LC
.Hann to Brine Line or
OCSD ►Court Injunction IN/OWMP,LC,GM
►Administrative ComplainUCivil Penalties OM,MP,LC
►Complaint for Recovery of SAWPA
Incurred Costs OM,MP,LC
►Physical Termination of Service IN/OWMP,LC,GM
►Criminal Penalties
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Table 3: Violations of Discharge Limits
Nature of Violation Circumstances Range of Enforcement Response' Personnel
Permit Limit *Isolated or first violation within ►Written Warning,NOV AA, IN,OM
Eaceerlance a six-month period-Minor ►Compliance Follow-up Inspection&Vedfcation IN
Violation
.Isolated or rest violation within III NOV AA, IN,OM
a six month period-Major ►Compliance Follow-up Inspection&Verification IN
Violation ►Compliance Audit IN,OM
►Compliance Meeting IN.OM,MP
►ConsenNCompliance Order OM,MP
►NOV with monetary penalty
oRecuning,2 or more within MPIO AA,IN,OM
a six-month period,Major or ►Compliance Follow-up Inspection&Verification IN
Minor ►Compliance Audit IN,OM
►Violation Meeting IN.OM,MP
►Consent/Compliance Omer IN.Olvll
BMP .Isolated or first violation within ►Written Warning,NOV AA,IN,OM
Requirements Not Met a six-month period-Minor ►Compliance Follow-up Inspection&Verification IN
Violation
*Isolated or first violation within ►NOV AA,IN,OM
a six month period-Major ►Compliance Follow-up Inspection&Verification IN
Violation ►Compliance Audit IN,OM
►Compliance Meeting KOMI
►Consent/Compliance Order OM,MP
oRecuning,2 or more within ►NOV AA,IN,OM
a six-month period,Major or ►Compliance Follow-up Inspection&Verification IN
Minor ►Compliance Audit IN,OM
►Violation Meeting IN.OM,MP
►Consent/Compliance Order IN.OM,MP
Slug Load .Isolated or first violation within ►Issue Cease&Desist Order OM,MP
Discharge a six-month period-No Ham ►Compliance Follow-up Inspection&Verification IN
to Brine Line or OCSD ►Administrative ComplaintlFlne OM,MP,LC
*Isolated or first violation within ►Issue Cease&Desist Order OM,MP
a six-month period-Harm ►Compliance Follow-up Inspection&Verification IN
to Brine Line or OCSD ►Complaint for Recovery of SAWPA Incurred Costs MP,LC
►Administrative Complairil l Penalties Civil LC
'h6Ynrhuk tronemry rms orperetrs at SARPAY deactorn
Santa Ana Watershed Project Authority 24 ERP
October 15, 2013
Table 3: Violations of Discharge Limits(Cont'd)
Nature of Violation Circumstances Range of Enforcement Response 2 Personnel
Slug Load .Retuning,2 or more within ►Cease&Desist Order OM,MP
Discharge
(Coot') a six-month period-No Hann ►Compliance Follow-up Inspection&Verification IN
to Brine Line or OCSD ►Permit Suspension Proceedings OM/MP LC,GM
►Atlministmtive ComplainUFine OM,MP,LC
.Retuning,2 or more within ►Cease&Desist Order OM,MP
a six-month period-Harm ►Compliance Fallow-up Inspection&Verification IN
to Brine Line or OCSD ►Permit Suspension Proceedings OM/MP LC,GM
►Complaint for Recovery of SAWPA Incurred Costs MP,LC
►Atlministmtive ComplainUFine OM,MP,LC
Surveillance .IU in Violation of Discharge ►Cease&Desist Order OM,MP
(Downstream) Limits-Minor ►Compliance Meeting IN.OM,MP
Sampling ►Atlministmtive ComplainUFine OM,MP,LC
►Issue Compliance/Consent Order OM,MP
.IU in Violation of Discharge ►Cease&Desist Order
Limits-Me or ►Com Iiamce Meeting IN.OM,MP
.IU in Violation of Discharge ►Administrative Complaint/Fine OM,MP,LC
Limits-Major ►Permit Suspension Proceedings OM,MP,LC,GM
►Issue Compliance/Consent Order OM,MP
Permit Limit Exceedance .First Violation-Major or Minor ►Written Warning,NOV AA,IN,OM
While Under Compliance ►Issue Cease&Desist Order OM,MP
or Consent Order ►Compliance Follow-up Inspection&Verification IN
.Recuring,2 or more within ►NOV AA,IN,OM
the duration of the Compliance ►Administrative ComplainUFine OM,MP,LC
or Consent Order ►Compliance Follow-up Inspection&Verification IN
►Permit Suspension Proceedings OM,MP LC,GM
2 hhy Srhrdr at SARPAY d¢cretvm
Santa Ana Watershed Project Authority 25 ERP
October 15, 2013
Table 4: Violations of Self-Monitoring Requirements
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Perform •First Occurrence ► NOV to Submit SMR within 10 days AA,IN
Self-Monitoring
•Subsequent Occurrences ►NOV with Written Warning of Administrative AA,IN
Fine/SNC Noffication/Publication
► SNC Notifcation/Publication OM,MP
►Administrative Complaint/Fine OM,MP,LC,GM
Failure to Submit .Report is past Due(10 Days) ►Informal Notice or Written Warning to Submit SMR within 10 days AAIN
Self-Monitoring
Report .Report is past Due(10 Days) ►Issue Written Warning of Administrative AA,IN
past Informal Late Notice Fine/SNC Notification/Publication
*Report is past Due(10 Days) ► SNC NotificationiPublication OM,MP
past Written Warning
*Failure to Submit SMR ►Administrative Complaint/Fine OM,MP,LC,GM
(130 Days)late from tat Notice
Deficient SMR- .Initial Failure-SMR is incomplete ►Notify IU immediately regarding deficiencies and AA,IN
Incomplete/Incorrect or has incorrect information,is that report will be considered past due if revised
not signed by authorized person SMR is not submitted within 10 days from the
orindicate incorrect monitoring original due date
procedures(Resampling Required)
.Subsequent Violation(s) ►Issue NOV OM,MP
Failure to Resample •Report is past due(10 Days) ►Issue Written Warning IN,OM
Following a Self-
Monitoring Violation .Report is past due(30 Days) ►SNC Notification/Publication OM,MP
►Administrative Complaint/Fine OM,MP,LC,GM
Repeated Failure to .Second Violation ►Issue Written Warning IN,OM
Self-Monitor
Correctly .Subsequent Repeal Violation ►Administrative Complaint/Fine OM,MP,LC,GM
Intentional Falsification.First Occurrence ►Issue Notice Informing lU of Allegafon OM,MP
of Self-Monitoring
Reports •Subsequent Occurrences ►Administrative Complaint/Fine OM,MP,LC,GM
Santa Ana Watershed Project Authority 26 ERP
October 15, 2013
Table 4: Violations of Self-Monitoring Requirements(Coil
Nature of Violation Circumstances Range of Enforcement Response Personnel
►Pmmil Revocation Proceedings IN/OM/MP,LC,GM
Failure to Report .First Occurrence ►Issue NOV-Requiring submission of all OM,MP
All Self-Monitoring unreported!results within 45 days-Warning of
Results(selective Administrative fine/SNC Publication if not resolved
reporting)
*Subsequent Occurrences ►Issue NOV-Requiring submission of all OM,MP,LC
unreported results within 45 days-Warning of
Administrative fine/SNC Publication if not resolved
►Administrative Complent/Fine OM,MP,LC,GM
►SNC NotificaborrPublication I OM,MP
Santa Ana Watershed Project Authority 27 ERP
October 15, 2013
Table 5: Violations of Permit Reporting Requirements
Nature of Violation Circumstances Range of Enforcement Response' Personnel
Failure to Comply .Report is Past Due(10 Days) ►Correction Notice and IN,OM
with Flow Meter SNC Publication if Report Late by 45+Days
Data Reporting
Requirements .Report is Past Due(30 Days) le SNC Notlflcatl0NPubllcdtion OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report .Report is Past Due(10 Days) ►Correction Notice and IN,OM
Production Data or SNC Publication if Report Late by 45+Days
Changesin
Production ►SNC Notification/Publication OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report *First-Time Violation ►Issue NOV OM,MP
Process Changes
.Subsequent Violations ►Issue NOV for Repeat Violation OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report .Fiat-Time Violation ►Issue NOV OM,MP
Batch Discharge
.Subsequent Violations ►Issue NOV for Repeat Violation OM,MP
►Administrative Complaint/Fine OM,MP,LC
Failure to Report .First-Time Violation ►Issue NOV OM,MP
Spills or Slug Loads
.Subsequent Violations ►Issue NOV for Repeat Violation OM,MP
►Administrative Complaint/Fine OM,MP,LC
h6yhclude xemigofmmedry fines orperiri at SARPAY discretion.
Santa Ana Watershed Project Authority 28 ERP
October 15, 2013
Table 6: Violations of Administrative Mandates
Nature of
Violation Circumstances Range of Enforcement Response Personnel
Failure to Comply *IU does not comply with ►Compliance Inspection-Verification IN
with Monitoring all Provisions of the MPIO but ►Increase SeH-Monitoring Requirements OM,MP
Production is net in SNC ►Consent or Compliance Order OM,MP
Information Order ►Administrative Complaint/Fine OM,MP,LC
(MPIO)
►NOV with Notice to Comply with Discharge
*Failure results in SNC Status Limits IN,EN
►Administmtive ComplainVFine OM,MP,LC
►SNC NotXication/Publication OM,MP
►Pemlit Suspension Proceedings OM/MP,LC,GM
►NOV
Failure to Comply •Missed Milestone in Schedule ►Monetary fines and penalties OM,MP
with Consent
Order
*Failure to Submit Reports
Required by the Consent Order ►NOV OM/MP
►Warning Notice for SNC Publication for
Continued Failure
► Monetary fines and penalties
.Failure to Comply with ►Administmtive ComplainVFine OM,MP,LC
Consent Order Provisions ►SNC NotificationiPublication OM,MP
(30 days past due) ►Permit Suspension Proceedings OM/MP,LC,GM
Failure to Comply *Missed Milestone in Schedule ►NOV OM, MP
with Compliance ►Monetary fines and penalties
Order
*Failure to Submit Reports ►NOV OM/MP
►Waming Notice for SNC Publication for
Continued Failure
Required by the Consent Order ► Monetary fines and penalties
*Failure to Comply with ►Administrative Complaint/Fine OM,MP,LC
Consent Order Provisions ►SNC NoticationIPublication OM,MP
(30 days past due) ►Permit Suspension Proceedings OM/MP,LC,GM
Failure to Comply *IU Continues to Discharge in ►Issue NOV for Failure to Comply with OM,MP
with Cease&Desist Violation of Limits-No Hann to Cease&Desist Order
Order Brine Line or OCSD ►Compliance lnspecfion-Verification IN
►Increase SeH-Monitoring Requirements OM,MP
►Atlministmtive ComplainVCivil Penalties OM,MP,LC
►Permit Suspension Proceedings IN/OM/MP,LC,GM
*IU Continues to Discharge in ►Issue NOV for Failure to Comply with OM,MP
Violation of Limits-Ham to Cease&Desist Order
Brine Line or OCSD ►Administrative Complaint/Civil Penalties OM,MP,LC
►Complaint for Recovery of SAWPA Incurred
Costs DM,MP,LC
Santa Ana Watershed Project Authority 29 ERP
October 15, 2013
Table 6: Violations of Administrative Mandates(Cont'd)
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Comply olU Continues to Discharge in ►Permit Revocation Proceedings IN/OMIMP,LC,GM
with Cease B Desist Violation of Limits-Hann to ►Criminal Penalties
Order(Cont') Brine Line or OCSD(Cont')
Failure to Comply .IU does not Comply with ►Issue NOV for Failure to Comply with OM,MP
with Permit Directives of the Suspension Permit Suspension or Revocation Order
Suspension or or Revocation Order ►Administrative Complaint/Civil Penalties OM,MP,LC
Revocation Order ►Physical Termination of Service IN/OM/MP,LC,GM
►Complaint for Recovery of SAWPA Incurred
Costs OM,MP,LC
►Criminal Penalties
Santa Ana Watershed Project Authority 30 ERP
October 15, 2013
Table 7: Violations of Ordinance or Special Permit Conditions
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Implement *Initial failure-Initiated action ►Issue Correction Notice with New Compliance IN
any Required Action but missed due date(s) Dates
Need to: tnaUll .Repealed Failure-Missed ►Issue NOV with Notice to Complete in 30-days OM,MP,LC
Treatment or Spill Correction Notice Compliance
Containment a Dates
Representative *Complete Failure-Did Not ►Compliance Meeting IN.OM,MP
Sample Point or initiate actions or failure to ►Administrative ComplainVFine OM,MP,LC
Flow Monitoring complete within 30-days after ►Consent/Compliance Order IN.OM,MP
Equipment NOV Issued
Failure to Submit .Required Submittal Past Due ►Issue Written Warning of Administrative Fine IN,OM
Required Drawings A SNC Publication if not Resolved in 30Eays
B Information
*Complete Failure-Did Not ►SNC NotNcation/Publication OM,MP
Submit Required Information ►Administrative ComplainVFine OM,MP,LC
within 30-days of Written
Warning
Failure to Comply *Initial failure-No Qualified ►Issue Correction Notice with New Compliance IN
with Wastewater Pretreatment System Operator Dates
Treatment Operator Employed
Requirement
*Continued Failure-Does Not ►Issue NOV with Notice to Complete in 30-days OM, MP. LC
Employ Qualified Treatment
System Operator within
Time Frame Established in
Correction Notice
*Complete Failure-Does Not ►Administrative Complaint/Fine OM,MP,LC
Employ Qualified Treatment
System Operator within 30-
Days of NOV
Failure to Comply *First-time Violation ►Issue Written Warning with Compliance Deadlines IN,OM
with Record-Keeping ►Compliance Follow-up InspectionNerification IN
Requirements
*Failure to Correct Problem ►Issue NOV Requiring Correction within 30-Days IN,OM
Failure to Comply *Initial Violation-Detected ►Issue NOV Requiring Immediate Correction IN,OM
with Prohibitions During Inspection ►Compliance Follow-up InspectionNerification IN
*Failure to Correct Problem ►Issue NOV Requiring Immediate Correction IN,OM
►Compliance Audit/Inspection IN
►Comipllance Meeting IN,OM,MP
Santa Ana Watershed Project Authority 31 ERP
October 15, 2013
Table 7: Violations of Ordinance or Special Permit Conditions (Cont'd)
Nature of Violation Circumstances Range of Enforcement Response Personnel
Failure to Comply .Failure to Correct Problem ►Consent or Compliance Order OM,MP
with Prohibitions ►Administretive ComplainVFine OM,MP,LC
Entry Denial *initial Refusal to Allow ►Written Notice-Informing lU of SAWPA Authority IN,OM
Inspection of Facility to Conduct Inspections/Sampling
*Subsequent Denial ►Permit Revocation Proceedings OM/MP,LC,GM
Failure to Submit -
Initial Failure ►Issue NOV Requiring Immediate Correction IN,OM
Permit Application
.Repeatedly Ignores Notice to ►Physical Termination of Service OM,MP,LC,GM
Submit Application
Santa Ana Watershed Project Authority 32 ERP
October 15, 2013
ERP OVERVIEW PROCESS
FLOW DIAGRAM
Figure
Santa Ana Watershed Project Authority 33 ERP
October 15, 2013
Figure 2—ERP Overview
SANTA ANA WATER PROJECT AUTHORITY
ENFORCEMENT RESPONSE GUIDE (OVERVIEW)
4 Ili
Minor
Violation
Parchums
Vb41on9
Y.
Major w
Violation
Written
Warning
Correction
Notice
Where the Violation Causes or
Contributes to an Actual Hazard or Recusirgfor
Endangerment to Health and Welfare or same Pallulaern
the Environment; Interferes with Y.
Treaanent Operations;Causes OCSD to
Violate its NPDES Permit;or the User Notice of No
Fails to Obtain a Valid Wastewater Violation
Discharge Permit
End
Where Violation has the Potential to Threaten
SAWPA or OCSD's Facilities.Staff,or the Public
Suspension Order -Or Me User Continues to Discharge without a
Valid Permit
Cease and Desist Consent Order Compliance Ober
Order
Termination
of Service
Show
Cause
SPECIAL NOTE: Hearing
This Response Guide Shows Me Typical
Progression of Escalating Enforcement-
The Enforcement Action Ceases at Me
Step Where the IU Achieves Compliance :W.ste Discharge Administrative
mit Revocation Complaint Civil Liabilities Criminal Penalties
■ Joint Enforcement between SAWPA and Member/Contract Agency
Santa Ana Watershed Project Authority -34- ERP
October 15, 2013
Table 8: Personnel Responsibilities
ENFORCEMENT RESPONSE PLAN PERSONNEL ASSIGNMENT BY ROLE
Agency: Date Completed:
Code General Title Agency Job Title
AA Administrative Assistant
IN Inspector
OM Engineering&Operations
Manager
EN Engineer/Permit Writer
MP Manager of Permitting&
Pretreatment
GM General Manager
LC Legal Counsel
Santa Ana Watershed Project Authority -35- ERP
October 15, 2013
SAWPA PRETREATMENT PROGRAM
Procedures
Appendix 3 -1
Permit Review Process
SAWPA Pretreatment Program Procedures
November 7, 2013
Appendix 3-1
Permit Review Process (12)
Notes:
1.The illustrated process is for Permits generated by a Member
em er gency Agency.Direct Connect,Master Permits,and Special Purpose
Reviews Brine Line Discharge Permits generated by SAWPA enter the process at
Permit Application. If the fifth block.
incomplete, request 2.Expectations for timeliness of submittal for review include:
additional information •submittal to SAWPA—30 days prior to Permit
effective dale/expiration.
If new facility, •Submittal to OCSD-25 days prior to Permit
effective date/expiration.
Member Agency .Issue to Perniftee-10 days in advance of
completes inspection effective date/expiration.
3.Member Agencies are expected to import issued permits to
Member Agency OnBase within 5 days of issuance.SAWPA will upload to
Prepares Draft Permit 01 SheaPdr-t within 5 days of import to OOBeee.
&Fact Sheet
Member Agency
Provides Draft Permit,
Inspection Summary
and Fact Sheet to
SAWPA Member Agency
address SAWPA
Ar Comments
SAWPA Reviews
Inspection Summary,
Fact Sheet, and Draft
Permit
SAWPA sends Draft
Permit and Fact
Sheet to OCSD for
approval
OCSD sends back
written comments or Member Agency/
approval (no more SAWPA address
than 10 business OCSD Permit
days for initial, 5 days Changes
for comment
resolution)
SAWPA informs
Member Agency of
Approval or
Comments
Member Agency/
Member Agency SAWPA address
obtains signatures OCSD Comments
and applies issuance
date to the Permit
Member Agency Member Agency SAWPA Uploads Permi SAWPA updates Masts SAWPA Uploads
Provides Permit to Imports Permit and and Fact Sheet to Permittee List and updated Master
Fact Sheet to OCSD Database SAWPA Database(as
Applicant Onbasefat Comment 1s1 applicable) Permittee List
Pyp 11P irs R-.—Races]-22-11ad
SAWPA PRETREATMENT PROGRAM
Procedures
Appendix 4-1
Resolution No. 2011 -13
SAWPA Pretreatment Program Procedures
November 7, 2013
RESOLUTION NO.2011-13
A RESOLUTION OF THE COMMISSION OF THE
SANTA ANA WATERSHED PROJECT AUTHORITY
ESTABLISHING LOCAL PERMIT LIMITS AND BEST MANAGEMENT
PRACTICES REQUIREMENTS
WHEREAS,the Commission of the Santa Ana Watershed Project Authority(hereinafter
"SAWPA")adopted Ordinance No. 5 (hereinafter"Ordinance"), an Ordinance Establishing
Regulations for the Use of the Santa Ana Regional Interceptor, now commonly referred to as the
Inland Empire Brine Line(hereinafter"Brine Line");
WHEREAS,the Ordinance provides for the establishment and implementation of
pollutant limitations that are technically developed as Local Permit Limits by Orange County
Sanitation District(hereinafter"OCSD")pursuant to 40 Code of Federal Regulations 403.5(c)
and amendments thereto;
WHEREAS, Section 10I.A.7 and Sections 201.M. and 201.P of SAWPA Ordinance
No. 5 requires the prevention of discharges which are detrimental to Brine Line operations and
could cause sanitary sewer overflows;
WHEREAS,higher concentration discharges of Biochemical Oxygen Demand(BOD),
Dissolved Organic Carbon (DOC), and Fats, Oils, and Grease(FOG)have been detrimental to
Brine Line operations necessitating limits and standards regarding concentration;
WHEREAS,BOD, and DOC are unlikely to cause any adverse affects to the Brine Line
in small quantities,and a de minimus volume,not to exceed 5,000 gpd is hereby established as
an exception to the BOD and DOC concentration limitations. Said discharges shall still comply
with all other adopted limitations including but not limited to mass limitations,prohibited
standards and other general and specific limitations;
WHEREAS,it has been determined that significantly high concentrations of BOD and
DOC have resulted from the discharge of spilled and outdated raw materials and that the
implementation of effective Best Management Practices (BMPs) should substantially lower the
incidence of said discharges;
WHEREAS, these limitations and requirements are necessary to assure compliance with
OCSD's National Pollutant Discharge Elimination System(hereinafter"NPDES")Permit,
including the prohibition against pass through of any pollutants that can cause a violation of the
Permit or cause an interference with OCSD's Publicly Owned Treatment Works,(hereinafter
"POTW"); and
WHEREAS,these pollutant limitations and requirements shall be continually developed
as necessary and shall be adopted by Resolution.
NOW,THEREFORE,BE IT RESOLVED that the Commission of the Santa Ana
Watershed Project Authority hereby establishes,determines and orders:
Section 1. The Commission hereby establishes the following Local Permit Limits
and Best Management Practices (BMP)Requirements:
LOCAL WASTEWATER LIMITATIONS CONCENTRATION VALUES
Pollutant * Maximum Daffy Limit m
Arsenic 2.0
Cadmium 1.0 -
Chromium Total 2.0
Co r 3.0
Lead 2.0
mercury 0.03
Nickel 10.0
Silver 5.0
Zinc 10.0
Cyanide Amenable 1.0
Cyanide otal 5.0
Polychlorinated bi hen is 0.01
Pesticides 0.01
Total Toxic Organics(as defined by EPA) 0.58
Sulfide(Total) 5.0
Sulfide Dissolved 0.5
Oil and Grease Mineral/Petroleum oil origin) 100
Fats,Oil and Grease(FOG) 500
H 6.0— 12.0
(*) Users subject to Federal Categoncal Pretreatment Standards may be required to meet
more stringent limits.
MASS (LBS/DAY) LIMITATION
Pollutant Maximum Daily Limit bs/da
Biochemical Oxygen Demand 15,000
BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS**
Average Daily Concentration
Pollutant (mg/L)
During any Month
Dissolved Organic Carbon(DOC) 700
Biochemical OM en Demand 12,000
**BMPRequirements apply to permitted users with flow volumes greaterthan 5,000 gpd should
be calculated over a seven-day average and cannot achieve consistent compliance with the BMP
demonstration values listed above.Said users shall be required, as a condition of their Waste
Discharge Pernit, to develop BMPs which include, but are not limited for
a Identifying and evaluating the source and volumes of pollutants being discharged to the
Brine Line;
b. Implementing spill prevention and countermeasures plans;
c. Evaluating additional treatment or disposal options;and
d. Evaluating recycle orreuse opportunities.
2
Section 2. The Local Permit Limits and BMP Requirements established by this
Resolution shall become effective immediately. Industry Specific BMP Requirements will be
incorporated as a permit condition that includes a compliance schedule which shall not exceed
one (1) year from the effective date of the permit change. All previous Resolutions and
Ordinances relating to Local Permit Limits are hereby rescinded in their entirety.
ADOPTED THIS 20"day of September,2011.
Santa Ana Watershed Project Authority
BY: (
Commission Chair
Rm No.2011-13 Ett Mb local Limits REV M-PA
3
SAWPA PRETREATMENT PROGRAM
Procedures
Appendix 12 -1
SAWPA Pretreatment Management
and Oversight Overview
SAWPA Pretreatment Program Procedures
November 7, 2013
SAWPA Pretreatment Management
and Oversight Overview
Permitting Monitoring Inspections Enforcement Reporting
Pre Permit Perform Observe/Detect Draft M, Q, S-A,
Inspections DCA Sampling Inspections Violations Annual Reports
Draft PFS Data Entry Agency QA/QC (lA/G1C Agency QA/QC
++
* Consult ERP for QA/QC Issue
Draft Permit Data Review Joint Inspection Appropriate Report
QA/QC Response p
Peer Review QA/QC
QA/QC
Coordinate with ID Issues for
OCSD Follow-up
Legend
Final PFS and Personnel
Permit 0 Analyst 0 Sampler
OInspector in Senior Management
Sign and Issue = Permit Writer 171 Manager of Permitting&Pretreatment
Permit
Notes
(+)Performed jointly by the Agency and SAWPA's Manager
of Permitting&Pretreatment
("i SAWPA Manager of Permitting&Pretreatment(Only)
SAWPA PTP Mgmt&Oversight 10-28-13
SAWPA Permitting &
Pretreatment Program
Day-to-Day Control of Activities
Executive Manager of
Engineering & Operations
(0.25)
Manager of Permitting &
Pretreatment
(1.0)
Senior Administrative Analyst Sampling
Assistant (0.25) WMWD/Babcock
(1.0) (0.4)
Database Management Consultant
System (TBD)
(0.3)
Legend
Personnel
0 Analyst 0 Sampler
0 Inspector 0 Senior Management
0 Permit Writer 0 Manager of Permitting&
Pretreatment
` ( ) Full-Time Equivalent
SAWPA Day-to-Day control M Authority 10-28-13
SAWPA Permitting & Pretreatment
Program
Day-to-Day Control of Activities
SAWPA
Executive Manager of
Engineering & Operations
SAWPA
Manager of Permitting
and Pretreatment
EMWD SBVMWD SBMWD
Source Control Manager Manager of Engineering Environmental Control
and Planning Officer
IEUA WMWD JCSD
Pretreatment and Wastewater Source Contro
LSOSUU
Source Control Supervisor Control Program Managerpervisor
Legend
Personnel
. Senior Management
0 Manager of Permitting&Pretreatment
" ( ) Full-Time Equivalent
SAWPA Day-to-Day Control 10-28-13
EMWD
Permitting & Pretreatment Program
Day-to-Day Control of Activities
SAWPA Manager of
Permitting and Pretreatment
EMWD Director of Environmental
Source Control Manager and Regulatory Control
Environmental Compliance Senior Source Control
Analyst 1/11 Administrative Assistant
1 —Analyst 1 Inspector 1 —Assistant
1 —Analyst II 1 —Senior Inspector
Source Control
Inspector 1/11
3— Inspector 1
2— Inspector II
■
Legend
Personnel
0 Analyst 0 Sampler
- Inspector 0 Senior Management
. Permit Writer 0 Manager of Permitting&
Pretreatment
" 10 Personnel at an Average of 0.15 FTE each
EMWD Day-lo-Day control 10-2&13
IEUA
Permitting & Pretreatment Program
Day-to-Day Control of Activities
SAWPA Manager of
Permitting and Pretreatment
IEUA
Senior Engineer(1) Pretreatment and Office Assistant(1)
(0.025) Source Control Supervisor
(0.27)
Sr. Pretreatment and Source
Environmental Control Inspector
Compliance Officer (Temporarily Vacant)
(0.36)
Pretreatment and
Source Control Inspector II
(0.375)
Legend
Pretreatment and
Source Control Inspectors (2) Personnel
(0.22) (0.25)
Analyst Sampler
- Inspector . Senior Management
- Permit Writer Collection Station Operations
Manager of Permitting&Pretreatment
IEUA Day-m-Day Control 10-28-13 ( ) Full-Time Equivalent
JCSD
Permitting & Pretreatment Program
Day-to-Day Control of Activities
SAWPA Manager of
Permitting and Pretreatment
En ineerin
LContrrol
Sewer Operations
L Manager
(0.25)
Source Control Source Control
Inspector II Inspector I
(0.75) (1.0)
Legend
Personnel
0 Analyst 0 Sampler
0 Inspector 0 Senior Management
0 Permit Writer Manager of Permitting&
Pretreatment
` ( ) Full-Time Equivalent
JCSD Day-to-Day Control 10-28-13
SBMWD
Permitting & Pretreatment
Program
Day-to-Day Control of Activities
SAWPA Manager of
Permitting and Pretreatment
SBMWD Director of Water
Environmental Control Officer Reclamation
(0.25)
Environmental Control
Technical Assistant WRP Trainee
(0.25) (0.10)
Environmental Control
Technician
(0.25)
E
nmental Control Environmental Control
Assistant Assistant
(0.10) (0.10)
Legend
Personnel
Analyst F-1 Sampler
- Inspector . Senior Management
- Permit Writer Collection Station Operations
Manager of Permitting&Pretreatment
SBMWD Day-to-Day Control 10-2B-13 ( I Full-Time Equivalent
SBVMWD
Permitting & Pretreatment Program
Day-to-Day Control of Activities
SAWPA Manager of
Permitting and Pretreatment
SBVMWD
Manager of Engineering General Manager
and Planning
E (0.1)
G&G Environmental
Legend
Personnel
0 Analyst 0 Sampler
0 Inspector 0 Senior Management
0 Permit Writer 0 Manager of Permitting&
Pretreatment
` ( ) Full-Time Equivalent
SBVMWD Day-to-Day Control 10-28-13
WMWD
Permitting & Pretreatment Program
Day-to-Day Control of Activities
SAWPA Manager of
Permitting and Pretreatment
Engineering
WMWD
Operations Wastewater Source Control
Program Manager Principal Engineer
(0.75) (0.1)
Sampler Source Control
(0.75) Program Specialist 1/11
(0.75) Legend
Personnel
0 Analyst 0 Sampler
0 Inspector 0 Senior Management
0 Permit Writer Manager of Permitting&
Pretreatment
` ( ) Full-Time Equivalent
WMWD Day-to-Day control 10-28-13
SAWPA PRETREATMENT PROGRAM
Procedures
Appendix 12 -2
SAWPA Pretreatment Program
Staff Minimum Qualifications
SAWPA Pretreatment Program Procedures
November 7, 2013
DRAFT 9/25/13
Pretreatment Program Minimum Qualifications and Training Requirements
Purpose: To define minimum qualifications required to work on the Brine Line Pretreatment
Program.
Implementation: At least annually all staff working on the SAWPA Pretreatment Program will be
evaluated against the minimum qualifications listed below. If staff are found to not meet the
minimum qualifications, a corrective plan will be prepared and implemented with a goal of 1 year
to resolve any deficiency.
Inspector(Level I. Level 11)- Education requirements may be offset by additional years of
experience or higher certification levels. Years of experience may be offset by higher education.
- Education: High school diploma or equivalent (Level 1)supplemented by college level
course work in chemistry, environmental science, wastewater treatment, computer
science or similar(Level 11)
- Experience/Certification: (Level 1) CWEA Environmental Compliance Inspector Grade
1 or 2 years experience in environmental compliance or work under the direct
supervision of a fully qualified Inspector; obtain Grade 1 certification within 1 year. (Level
11) CWEA Environmental Compliance Inspector Grade 2 and 2 years experience in
environmental compliance.
- Duties: conducts inspections of industrial facilities to ensure compliance with SAW PA's
Pretreatment Program and all applicable regulations. Performs industrial site inspections
and prepares inspection reports.
- Qualifications: knowledge of applicable federal, state, local water, wastewater, and
safety laws, regulations, and standards. Knowledge of manufacturing processes as
sources of industrial waste and their effects on the wastewater treatment processes.
- Skills: Ability to prepare concise records, read and interpret drawings, technical
manuals, etc.,
- Supervisor assessment-supervisor determines if qualified based upon a combination
of documented education and experience, and direct observation of field performance.
Sampler- Education requirements may be offset by additional years of experience or higher
certification levels. Years of experience may be offset by higher education.
- Education: High school diploma or equivalent (Level 1)supplemented by college level
course work in chemistry, environmental science, wastewater treatment, computer
science or similar(Level 11)
- Experience/Certification: (Level 1) CWEA Environmental Compliance Inspector Grade
1 or 2 years experience in environmental compliance or work under the direct
supervision of a fully qualified sampler; obtain Grade 1 certification within 1 year. (Level
11) CWEA Environmental Compliance Inspector Grade 2 and 2 years experience in
environmental compliance.
- Duties: conducts sampling of industrial facilities to ensure compliance with SAWPA's
Pretreatment Program and all applicable regulations. Collects wastewater samples for
lab and field testing, preserves samples, performs field testing, and prepares
documentation including Chain of Custody.
1
- Qualifications: knowledge of applicable federal, state, local water, wastewater, and
safety laws, regulations, and standards. Knowledge of manufacturing processes as
sources of industrial waste and their effects on the wastewater treatment processes.
- Skills: Ability to prepare concise records, read and interpret drawings, technical
manuals, etc.,
- Supervisor assessment-supervisor determines if qualified based upon a combination
of documented education and experience, and direct observation of field performance.
Analyst- Education requirements may be offset by additional years of experience or higher
certification levels. Years of experience may be offset by higher education.
- Education: High school diploma or equivalent supplemented by college level course
work in chemistry, environmental science, wastewater treatment, computer science or
similar
- Experience/Certification: 1 year experience as an analyst or work under the direct
supervision of a fully qualified analyst.
- Duties: analyzes PTP data, evaluates, make conclusions about compliance with
pretreatment regulations. Prepares PTP reports.
- Qualifications: knowledge of applicable federal, state, local water, wastewater, and
safety laws, regulations, and standards. Knowledge of manufacturing processes as
sources of industrial waste and their effects on the wastewater treatment processes.
Knowledge of local limits and categorical limits, permit requirements, sampling, CoC
forms, lab reports. Stays informed of changes to regulations and requirements and
implements changes.
- Skills: Ability to understand and use pretreatment program software for analysis of
water quality data. Ability to identify issues and propose courses of action upon review of
the ERP.
- Supervisor assessment-supervisor determines if qualified based upon a combination
of documented education and experience, and direct review of completed work (draft
permits)
Permit Writer Education requirements may be offset by additional years of experience or higher
certification levels. Years of experience may be offset by higher education.
- Education: BA/BS Degree in Science, Environmental Science, Engineering or similar
field
- Experience/Certification: 1 year experience as a permit writer
- Duties: performs pre-permit inspections, reviews applications, prepares Permit Fact
Sheets and Permits for review. Reviews and analyzes EPA regulations and reports for
their impact on SAWPA. Remains informed of major wastewater pretreatment issues
and regulations.
- Qualifications: knowledge of applicable federal, slate, local water, wastewater, and
safety laws, regulations, and standards. Knowledge of manufacturing processes as
sources of industrial waste and their effects on the wastewater treatment processes.
- Skills: Ability to prepare concise documents, read and interpret drawings, technical
manuals, etc.,
- Supervisor assessment-supervisor determines if qualified based upon a combination
of documented education and experience, and direct review of documents prepared.
2
Manager of Permitting and Pretreatment (SAWPA, Agencies) - Education requirements may be
offset by additional years of experience or higher certification levels. Years of experience may
be offset by higher education.
- Education: BA/BS Degree in Science, Environmental Science, Engineering or similar
field (preferred)or college level course work in chemistry, environmental science,
wastewater treatment, computer science or similar(minimum) or additional years of
Pretreatment Program experience
- Experience/Certification: 5 years experience in pretreatment or possession of a CW EA
Environmental Compliance Inspector Grade III.
- Duties: directs the completion of Pretreatment Program activities: permitting,
inspections, monitoring, enforcement, reporting. Manages the activities of pretreatment
staff. Performs work directly as required to meet program needs. Reviews performance
of work and completed documents. Develops an annual work plan and budget input for
required resources. Coordinates with SAWPXs Manager of Permitting and
Pretreatment.
- Qualifications: knowledge of applicable federal, state, local water, wastewater, and
safety laws, regulations, and standards. Knowledge of manufacturing processes as
sources of industrial waste and their effects on the wastewater treatment processes.
Knowledge of program requirements (40CFR403, program documents, etc.) and how to
complete the requirements.
- Skills: Ability to supervise staff in the conduct of pretreatment activities. Ability to
coordinate with permittees for routine and non-routine matters.
- Supervisor assessment-supervisor determines if qualified based upon a combination
of documented education and experience, and direct review of documents
Senior Management
- Complete initial and recurring training as described below.
Note: Education requirements may be offset by additional years of experience or higher
certification levels. Years of experience may be offset by higher education.
"In-Training" Staff- pathway for new staff to become fully qualified for Brine Line role until
minimum qualifications are met; work is performed under direction of a fully qualified person.
Training
Initial training - all personnel shall complete, within 6 months, the following (1) EPA on-line
webinar training courses: Introduction to the National Pretreatment Program plus additional
courses as applicable to the position
hfp://cfpub.epa.ciov/nodes/i)retreatment/pretreattraining.cfm and (2) SAWPA pretreatment
program specific training consisting of overview, plus additional training specific to the
applicable position.
Recurring Training—(1)Training as required for CWEA certification. Emphasis will be placed on
cross-training among agencies. Can be conducted as joint agency training to maximize
efficiency and quality; training to be documented including course content. (2) SAWPA
pretreatment program specific refresher training as required but at least every 18 months;
consists of changes to regulations, program changes, results of QA/QC reviews and audits, etc.
3
SAWPA Pretreatment Program Staff
Minimum Qualifications
Level ll X 2 X
Level) X 1 %
EMWD Seniorinspector X %
Inspector ll X %
Inspector % %
IEUA Sr.Pretreatment&Source Control Inspector % 3 X
Pretreatment&Source Control Inspector ll X 3 X
Pretreatment&Source Control Inspector) X X %
1CSD Industrial Waste Inspector II X 2 X
Industrial Waste Inspector l X 2 %
SBMWD Environmental Control Assistant X 1 %
WMWD Source Control Program Specialist 1/11 % 1/3 % X
X 2 X
X 1 %
EMWD7ti
Inspector X X
or ll X X
Inspector X X
IEUAtreatment&Source Control Inspector X 3 %
tment&Source Control Inspector ll X 3 X
tment&Source Control Inspector l X 1 %
1CSDial Waste Inspector II X 3 2 X
ial Waste Inspector l X 2 %
SBMWDnmental Control Assistant X 1 %
Water Reclamation Trainee X 1 %
WMWD Source Control Program Specialist 1/11 % 1/3 % X
Operations Technician(Note 4) %
Analyst X 1
EMWD Environmental Analyst %
IEUA Sr.Pretreatment&Source Control Inspector % 3 %
Pretreatment&Source Control Inspector ll X 3 X
Pretreatment&Source Control Inspector l X 1 %
1CSD Industrial Waste Inspector II X 3 2 X
Industrial Waste Inspector 1 X 2 %
SBMWD Technical Assistant X 3
WMWDSource Control Program Specialist 1/11 % 1 1 1/3 1 % X
Permit Writer X 1
EMWD Environmental Compliance Analyst %
IEUA Environmental Compliance Officer % 2 3
1CSD Source Control Supervisor % 2 5 %
SBMWD Environmental Control Technician X 2 1X
WMWD Source Control Program Specialist 1/11 % 1/3 X X
Manager of Permitting&Pretreatment X 5 X
EMWD Source Control Manager % 4 %
IEUA Pretreatment&Source Control Supevisor % 4 %
1CSD Source Control Supervisor % 2 5 %
SBMWD Environmental Control Officer X 2 X
X(or
experience
WMWD WW Source Control Program Manager Equiv) 5 X
Notes 1.SAW PA Standard Position Title(Column 1-Inspector,Sampler,Analyst,Permit Writer,Manager of Permitting and Pretreatment)with minimum
qualifications indicated in Columns 3-11
2.Comparable Agency Position Title(Column 2) with qualifications from position description(columns 3-11)
3.Education requirements may be offset by additional years of experience or higher certifcation levels.years of experience may be offset by higher education.
4.Sampling training required.