HomeMy WebLinkAboutSpecial Committee on Industrial Waste Ordinance 05-29-1975SPECIAL COMMITTEE ON INDUSTRIAL WASTE ORDINANCE
HENRY DUKE, Chairman
16422 Fairway Lane
Huntington Beach, CA-92647
Tele: Home 714-846-7108
Business 213-434-8919
JOHN BURTON
17952 Aspen Tree Lane
Irvine, CA 92664
Tele: Home 714-552-8600
Business 714-833-2380
MICHAEL CALLAHAN
425 Larry Lane
Placentia, CA 92670
Tele: Home 714-528'9712
Business 714-993-8250 (City. Hall)
DALE CHAPUT
19866 Caprice Drive
Yorba Linda, CA 92686
Tele: Home 714-524-7780
Business 213-451-1631 Ext. 231
HOWARD ROGERS
429 Seville
Balboa, CA 92661
Tele: Home 714-673-6631
Business 714-832-4720
BERNIE SVALSTAD
16515 Silktree Street
Fountain Valley, CA 92708
Tele: Home 714-531-1288
Business 213-772-1179
f ( ;IOUNTY SANITATION DISTRICTS
rI t l of ORANGE COUNTY, CALIFORNIA
II P.O. BOX 8127
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708
(714) 540-2910
M E M O R A N D U M (714) 962-2411
October 13, 1975
TO: Ray E. Lewis
FROM: John D. Thomas
SUBJECT: SWRCB's Proposed Guidelines for Determining
Effectiveness of Local Source Control Programs
Following are two requirements of the subject guidelines that are not included or
handled in our proposed ordinance or Industrial Waste Program:
1. Disposal of Residual Waste Products
Each discharger who, as a result of pretreatment or as a result of
the conditions of a use permit, generates a residual waste product
would be required to report on a semi-annual basis information on
the type, composition and point of ultimate disposal of the residual
waste products.
2. Annual Report on Source Control
The Districts would be required to annually submit a summary of our
Source Control Program to the Regional Water Quality Control Board.
This summary shall contain, among other things, the concentrations
of toxic pollutants in the influent to the Districts' treatment works
as well as the manpower and funds, including overhead, expended in
conducting the Source.Control Program.
Although the requirement for reporting on the disposal of residual waste is
important in a Source Control Program, it should not be a requirement of these
guidelines. However, I do anticipate incorporating a similar requirement in the
permits of Class I users.
The submittal of an annual report to the Regional Board in the form required
appears to be a duplication of NPDES requirements. Reporting manpower and funds
expended in conducting a Source Control Program is superfluous in that this in-
formation will not indicate the quality of such a program.
Furthermore, the guidelines do specify that each sewerage agency will have sufficient
manpower to conduct field inspections, to review self -monitoring reports and to
conduct any necessary enforcement action.
Other than the above points, the Districts' proposed ordinance and program should
meet the requirements of the guidelines.
JDT/bb
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STATE WATER RESOURCES CONTROL BOARD
P. O. BOX 100
SACRAMENTO, CALIFORNIA 95801
FIRST CLASS MAIL
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%STATE OF CALIFORNIA THE RESOURCES AGENCY EDMUND G. BROWN JR., Governor
STATE WATER RESOURCES CONTROL BOARD
P. 0. Box 1009 Sacramento 95
(916) 445-7762 0
NOTICE OF PROPOSED ADOPTION BY THE STATE WATER RESOURCES CONTROL
BOARD OF GUIDELINES FOR DETERMINING EFFECTIVENESS OF LOCAL SOURCE
CONTROL PROGRAMS AND OF PROPOSED ADOPTION OF RELATED REGULATIONS
OF THE STATE WATER RESOURCES CONTROL BOARD
NOTICE IS HEREBY GIVEN that the State Water Resources
Control Board, pursuant to authority vested by Sections 1058,
13976 (h) and 13991(g) of the Water Code, and to implement,
interpret or make specific Chapters 13 and 14 of Division 7
of the Water Code and Sections 13263 and 13377 of the Water
Code proposes to amend regulations in Subchapter 7 and Sub
chapter 9, Chapter 39 Title 23 of the California Administrative
Code, as follows:
(1) Add new subsection (c) to Section 2143 to read:
( c ) All grant contracts related to treatment works treating
or designed to treat 5 mgd or more of waste shall contain a con-
dition that the operating entity shall have and enforce a source
control program which contains at leasc. the powers and authori-
ties contained in the State Water Resources Control Board's
"Guidelines for Determining the Effectiveness of Local Source
Control Programs", and that such source control program and its
enforcement will comply at all times with waste discharge require-
ments applicable to such treatment works .
(2) Add new Section 2233 to read:
2233. Other Terms and Conditions to be Included in Waste
Discharge Re uirements. a A condition shall a included r
a publicly owned treatment works treating 5 mgd or more of
community sewage or for other appropriate treatment works that
the operating entity shall have a source control program which
contains at least the powers and authorities contained in the
State Water Resources Control Board's "Guidelines for Determining
the Effectiveness of Local Source Control Programs".
(b) In cases where an operating entity does not have a
program which would comply with the State Water Resources Con-
trol Board's "Guidelines for Determining the Effectiveness of
Local Source Control Programs", a time schedule shall be in-
cluded with the waste discharge requirements for adoption
and implementation of the necessary program.
(c) The regional board in prescribing waste discharge
requirements for a publicly owned treatment works shall require
an annual report of effectiveness of the local source control
program. Such a report shall contain at least the information
outlined in the State Water Resources Control Board's: "Guide-
lines for Determining the Effectiveness of Local Source Control
Programs".
(3) Add new subsections (f), (g) and (h) to Sec-
tion 2235.6 to read:
(f) A condition shall be included for a publicly owned
treatment works treating 5 mgd or more of community sewage or
for other appropriate treatment works that the operating entity
shall have a source control program which contains at least
the powers and authorities contained in the State Water Resources
Control Board's "Guidelines for Determining the Effectiveness
of Local Source Control Programs".
(g) In cases where an operating entity does not have a
program which would comply with the State Water Resources
Control Board's "Guidelines for Determining the Effectiveness
of Local Source Control Programs", a time schedule shall be
included with the waste discharge requirements for adoption
and implementation of the necessary program.
(h) The regional board in prescribing waste discharge
requirements for a publicly owned treatment works shall require
an annual report of effectiveness of the local source control
program. Such a report shall contain at least the information
outlined in the State Water Resources Control Board's "Guide-
lines for Determining the Effectiveness of Local Source Control
Programs".
NOTICE IS ALSO GIVEN that any person interested may
present statements or arguments orally or in writing relevant
to the actions proposed at hearings to be held on November 3,
1975, at 2:00 p.m., in Room 1138, 107 South Broadway, Los
Angeles, California, and November 6, 1975, at 2:00 p.m., in
Room 11319 Resources Building, 1416 Ninth Street, Sacramento,
California. Statements and arguments may address not only the
proposed amended regulations but also the proposed "Guidelines
for Determining the Effectiveness of Local Source Control
Programs". Copies of said proposed__Guidelines maybe obtained
from the State Water Resources Control Board, Eriforcementr
Unit, P. 0. Box 100, Sacramento, California 95801. The State
Board, after the conclusion of the above -mentioned hearings,
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60
upon its own motion or at the instance of airy interested person,
may thereafter approve the aforementioned Guidelines and adopt
the proposed regulatory changes without furlther notice.
The State Water Resources Control Board has deter—
mined that there is no state mandate for a nelw program or
increased level of service on any unit of local government
as a result of the foregoing resolution because such resolu—
tion is not an executive regulation pursuant to Revenue and
Taxation Code, Section 2209.
Dated: August 28, 1975
0
STATE WATER RESOURCES CONTROL BOARD
Bill B. Dendy
Executive Officer
—3 —
0
Aw%�
Special Condition for use in Grants for Plants which treat
more than 5 mgd and for other plants as appropriate
The grantee.shall establish a source control program including
requirements for compliance by dischargers to its system with
federal pretreatment requirements adopted in conformance with
Section 307 of the Federal Water Pollution Control Act
Amendments of 1972, requirements for monitoring of discharges
to its system and enforcement provisions. The source control
program shall be incorporated in one or more municipal legislative
enactments or other appropriate authority which shall be in
conformance with the State Water Resources Control Board's
"Guidelines for Determining the Effectiveness of Local Source
Control Programs". The program shall be ongoing prior to the
completion of construction.
00*1 /0211
STATE WATER RESOURCES CONTROL BOARD
GUIDELINES FOR DETERMINING
EFFECTIVENESS OF LOCAL SOURCE CONTROL PROGRAMS
I. INTRODUCTION
Local source control programs constitute a vital part of the overall
effort to minimize the effect of sewage and other wastes on the
environment. Such programs are mandated in Section 307 of the Federal
Water Pollution Control Act (P. L. 92-500) and Section 13381(h) of the
California Water Code. Also, it is incumbent upon local sewering
entities_ to protect the environment to the greatest degree possible
(Public Resources Code Section 21000, et. seq.) and insure that their
sewerage systems,are protected and utilized properly. Regulation of
waste inputs can:
1. Reduce the inputs of toxic or hazardous wastes to the
sewerage system and consequently to the environment.
2. Protect the treatment facilities from upset caused by
noncompatible wastes.
3. Protect the sewer system from damage by deleterious
wastes.
4. Protect operation and maintenance personnel.
5. Provide for maximum reclamation of wastewater and wastev
II. CONTENTS OF SOURCE CONTROL PROGRAM.
While local source control programs must vary to accommodate differing -
community conditions, each program should have certain key features.
These features are: �s
1. Adoption o a local source control ordinance (industrial
waste ordinance or pretreatment ordinance).
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2. A program of issuance of use permits.
3. A program of surveillance.
4. A -,-program of correction including applicable enforcement
measures.
III. DEFINITIONS
"Board of Directors" means the governing entity including a city
council or board of supervisors.
"Chief Engineer" means the principal administrative officer of a local
sewering entity, including a general manager or a head of the department
of public works or other appropriate department head.
"Discharger" means any person who discharges or causes a discharge to
a public sewer.
"Domestic Wastewater" means the wastewater from noncommercial or
nonindustrial activities which normally results from domestic residency.
"Industrial Connection" means the line conveying industrial wastewaters
from the industrial site to the public sewer.
"Industrial Wastewater" means all wastewater of a community excluding
domestic wastewater and uncontaminated water, and shall include all
wastewater from any producing, manufacturing, processing, institutional;
commercial, or other operation.
"Local Sewerage Agency" means the local governmental subdivision which
provides sewerage service and is empowered to regulate industrial
discharges to the public sewers.
' 40
r
a
"Major Contributing Industry" means an industrial user of a publicly
owned treatment works that (a) has a flow of 50,000 gallons or more per
average work day, or (b) has a flow greater than 5 percent of the
flow carried by the municipal system receiving the waste, or (c) has
in its waste a toxic pollutant in toxic amounts as defined in standards
issued under 307(a) of the Federal Water Pollution Control Act, or
(d) as found by the Regional Water Quality Control Board or State Water
Resources Control Board has a significant impact, either singly or in
combination with other contributing industries, on the treatment works
or upon the quality of the effluent from the treatment works.
"Public Sewer" means any sewer installed, owned, or maintained through
public funds or controlled by the State or any political subdivision
thereof.
"Sewerage System" means those facilities for the collection, treatment,
and disposal of wastewaters.
"Source Control Ordinance" means the ordinance and any implementing
regulations.
"Uncontaminated Wastewater" means rainfall, groundwater, cooling waters,
and condensates which are free of contamination as a result of mans
I activities.
40
IV, LOCAL SOURCE CONTROL ORDINANCE
Each local entity providing sewerage service, where the total domestic
and industrial wastewater is greater than 5 mgd,' • or where the State
Board or a Regional Board deems appropriate should enact a source
control ordinance. Such an ordinance should outline the obligations
of each discharger using the system.
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It
Local source control ordinances should be adopted by the Board
of Directors and should be periodically reviewed to determine their
effectiveness. In addition to the ordinance, local sewerage agencies
may wish to specify by regulation detailed procedures regarding their
source control program.
A source control orqinance should:
1. prohibit the disposal of waste into the sewer system by any
person except as in compliance with federal pretreatment
standards and any more stringent state and local standards;
2. require approval of industrial connections to public sewers;
3. require a use permit for discharge of industrial wastes
into the sewerage system;
4. include the authority to prohibit an industrial discharge;
5. require industrial users to provide information describing
wastewater constituents and characteristics, and type of
processing or manufacturing activity involved;
6. describe other requirements and procedures for obtaining
the authorization for use, the duration of the use, and the
method of renewal of permit;
7. provide authority for administrative sanctions and judicial
action to insure compliance by contributing industries with
all provisions of the ordinance;
8. provide for appropriate civil sanctions pursuant to California
Government Code Section 54740;
9. provide for appeal of the Chief Engineer's decisions to the
Board of Directors;
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10. establish a bill of charges to users of the system to reimburse
the local sewerage agency for the cost of permit issuance,
monitoring, and enforcement.
V. THE USE PERMIT
In accordance with the provisions of the source control ordinance,
each industrial user should be issued a use permit which describes the
conditions under which discharge to the sewer system may occur.
The use permit should be issued by the Chief Engineer of the operating
agency. The use permit should be renewable upon application.
The use permit should constitute the performance specification to which
each industrial discharger must conform in order to maintain
authorization to use the public sewerage system. The use permit should
contain:
1. any applicable prohibition;
2. discharge quality limitations;
3. physical limitations regarding the size of the industrial
connection, flow measuring devices, and sampling devices;
4. any necessary time schedule for compliance with the terms
of the permit;
5. a self -monitoring and reporting program;
6. a requirement that an amended application must be filed in any
case where the nature of the discharge significantly modified
from that allowed by the permit.
Application for a use permit should be made to the Chief Engineer on
a form acceptable to the sewering agency
at a minimum:
This form should contain
1. name and address of discharger;
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2. name of discharger's agent;
3. standard industrial classification code;
4. average annual production rate (see appendix);
5. average daily and peak hourly flow rates; and
6. an appropriate analysis of the waste including the level
of the following constituents.
Oil and Grease
Arsenic
Cadmium
Total Chromium
Copper
Lead
Mercury
Nickel
Silver
Zinc
Total Identifiable
Chlorinated Hydrocarbons
Radioactivity
Cyanide
Phenols
Concentrated Organics
Highly Acid, Alkaline or
Corrosive Materials
Other Potentially Toxic
Substances which are not
readily removed by conventional
waste treatment processes
All use permits should be issued by July 1, 1977, for the industries
contributing to the sewerage system.
VI. SURVEILLANCE PROGRAM
Each local sewerage agency should have a program of compliance inspection
to ensure compliance with the provisions of the ordinance and use permit.
Such a program should include:
r
1. review of self -monitoring reports;
2. field inspection and verification; and
\3. retention of records.
Each use permit for a major contributing industry or an industry known
to contribute toxic or hazardous wastes should contain a self -monitoring
program requiring the discharger to monitor and report on the quantity
and quality of the wastewater periodically. The frequency of self -
monitoring and reporting should take into account the:
1. effect of the wastewater on the treatment facility or sewer
system;
2. degree of toxic materials which may pass through the treatment
plant;
3. need to ensure that pretreatment standards are met;
4. size, nature, and type of industrial facility; and
5. extent to which the permittee could contribute to violation
of the agency's waste discharge requirements.
For facilities which must meet federal pretreatment standards, or may
have toxic or hazardous materials in their wastewater, monthly
monitoring and reporting should be required. In no case where self -
monitoring is required should self -monitoring be required on less
than an annual basis. All self -monitoring and field data should be
obtained in accordance with those methods outlined in 40 CFR 136
(the federal guidelines establishing test procedures for the analyses
of pollutants).
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In addition to reporting on the quality and quantity of wastewater
discharged,each
industrial
user
who
as a result of pretreatment
or as
a result of the
conditions
of a
use
permit generates a residual
waste
product, should report on a semi-annual basis information on the type,
composition, and point of ultimate disposal of the residual waste product.
In order to verify the results of self -monitoring and to check the
effectiveness of the source control program, the sewering agency
:should have sufficient manpower available to conduct field inspec-
ti� The agency should, at a minimum, inspect and sample at least
annually those discharges which are from a major contributing industry
or which contain toxic or hazardous wastes in sufficient quantities to
interfer with the operation of the treatment works or pass through
% such works in sufficient amounts to result in violation of the waste
discharge requirements applicable to such treatment works. Other
industrial discharges should be inspected on a random basis to insure
that accurate self -monitoring is occurring and that use permits are
being complied with.
V/The sewerage agency should also have sufficient manpower to review
self -monitoring reports for compliance. Self -monitoring reports,
summaries thereof, and results of field inspections should be
retained by the sewering agency for three years or until any
unresolved litigation is resolved.
VII. ENFORCEMENT
f
Each local sewerage agency should have sufficient manpower and funding
to conduct any necessary enforcement actions which may be required to
obtain compliance with the provisions of the ordinance or use permit.
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,MN
It is desirable to have a variety of enforcement measures which provide
f'
for a range of severity such that any enforcement action may be more
or less tailored to the specific violation.
The source control ordinance should give the Chief Engineer the
authority to issue a corrective order specifying the corrective
actions which are necessary to bring the discharge into compliance with
all provisions of the use permit or ordinance. Such an order could
contain a time schedule under which such corrective actions will be
undertaken and completed. The ordinance should also empower the
sewerage agency to seek civil monetary remedies and injunitive relief.
VIII. LOCAL AGENCY REPORTING
The local sewerage agency should annually prepare a summary of the
source control program. This annual report shall include summaries of:
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1. concentrations for the following constituents in the
influent of the publicly owned treatment works.
Arsenic
Cadmium
Total Chromium
Copper
Lead
Mercury
Nickel
Silver
Zinc
Cyanide
Phenolic compounds
Ammonia (N)
Total Identifiable
Chlorinated Hydrocarbons
Radioactivity
Toxicity concentration
2. the numbers of inspections made and the numbers of enforce-
ment actions undertaken
3. the numbers of major contributing industries and other
industries which contribute to the sewerage system
4. the disposition of residual wastes removed as a result
of pretreatment
5. all new industrial discharges to the sewerage system from
a source which would be defined as a new source pursuant to
Section 306 of the Federal Water Pollution Control Act if such
sources were discharging pollutants directly to navigable waters
6. all new industrial discharges which would constitute a major
contributing industry
7. the manpower and funds including overhead expended in conducting
the source control program.
The Regional Water Quality Control Boards should receive a copy of
the annual report. In evaluating the efforts of the municipality,
the Regional Boards will be concerned with the trends in the effluent
concentrations of toxic pollutants to the publicly owned treatment
works and the manpower and funds expended by the local agency for
source control.
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Subj ect
August 20, 1975
Proposed Revisions to May 29, 1975, Draft of Ordinance
Establishing Regulations for Use of District Sewerage Facilities
Please be advised that the Sanitation Districts are currently modifying existing
drafts of Ordinances that regulate the discharge of industrial wastewaters.
Proposed modifications are attached and will be reviewed at the following meetings
to be held at the Sanitation Districts' Administration Offices, 10844 Ellis Ave.,
Fountain Valley:
Monday, August 25
9:30
AM
Existing Permitees
Monday, August 25
2:00
PM
Existing Permitees
Tuesday, August 26
9:30
AM
Manufacturing Associations; Chambers
of Commerce; and Conservation Groups
Tuesday, August 26
2:00
PM
Public Agencies
Tuesday, August 26
7:00
PM
General Public
Wednesday, August 27
9:30
AM
General Public
Wednesday, August 27
2:00
PM
Existing Permitees
The major modification is the addition of the Revenue Program, as developed in
Sections 302.4 and 303.1. The proposed effective date of the Ordinance is
January 1, 1976.
If there are any questions, please contact
m/fAe
John D. Thomas
Chief of Industrial and
Permit Division
JDT/bb
Enclosures
e
Proposed Modifications to.
the May 29, 1975, Draft of
AN ORDINANCE ESTABLISHING
REGULATIONS FOR USE OF
DISTRICT SEWERAGE FACILITIES
NOTE: Modifications include the deletion of Article 402, "Excess Capacity
Charge For Use Greater Than Reasonable Use".
August 20, 1975
302. CLASS I WASTEWATER DISCHARGE PERMITS
All Class I users proposing to discharge into a public sewer must
obtain a wastewater discharge permit before discharging into a public
sewer. All existing Class I users connecting to or discharging
into a public sewer must obtain a wastewater discharge permit within
180 days after the effective date of this Ordinance. For purposes of this
Ordinance, a Class I user is any user who:
1. Has a discharge flow of 50,000 gallons or more per normal working
day (12 million gallons or more per year); or
2. Waste strength significantly (50%) greater than domestic sewerage.
(Domestic sewerage will be considered to have a BOD of 250 mg/1
and suspended solids of 250 mg/1); or
3. Involves the discharge of components which may exceed the parameters
as specified in Section 208, Limitations on Wastewater Strength.
August 20, 1975 1
302.4 CLASS I CHARGE FOR USE
The purpose of a charge for use is to insure that each recipient of
sewerage service from the District pays its reasonably proportionate
share of all the costs of providing that sewerage service. Charges for
use are used for recovering the cost of conveying, treating and dis-
posing of sewage in District facilities and are exclusive of any lees
levied by local sewering agencies. The charge for use shall be based on
the total maintenance, operation and capital.expenditures for providing
wastewater collection, treatment and disposal.
A discharger who is issued a Class I wastewater discharge permit under the
provisions of this Ordinance shall pay an annual charge for use following
the fiscal year in which charges accrue. However, the District may require
the user to pay estimates of the annual charge for use. The charge for use
is payable within 45 days of invoicing by the District. A credit will be
allowed for that portion of the total charge that is paid by the discharger
through ad valorem tax, exclusive of that portion paid for debt service.
The charge for use shall be computed by the following formula:
Charge for use = VoV + Bog + SoS
Where V = total annual volume of flow, in millions of gallons
B = total annual discharge of Biochemical Oxygen Demand,
in thousands of pounds
S = total annual discharge of suspended solids, in
thousands of pounds
August 20, 1975 2
Vo,Bo,So = unit charge rates adopted annually by Resolution of
the District Board of Directors, based upon the funding
requirements of providing sewerage service, in dollars
per unit as described below.
a
The unit charge rates in the charge for use formula shall be established
annually and shall be determined by the following method:
A. The total annual operation and maintenance costs of the sewerage
system shall be estimated for the accrual year and distributed
among the three wastewater charge parameters of flow, biochemical
oxygen.demand and suspended solids in accordance with the General
Manager's determination as to the costs associated with each
parameter and pursuant to applicable requirements of State and
Federal regulatory agencies. The operation and maintenance costs
as distributed to flow, biochemical oxygen demand and suspended
solids shall be divided by the projected annual total flow volume
and weights of biochemical oxygen demand and suspended solids to
be treated by the sewerage system in the accrual year.
B. A capital facilities charge for capital recovery and capital
August 20, 1975
improvement shall be levied at the rate of $125 (one -hundred
and twenty-five dollars) per million gallons of wastewater.
This charge shall be distributed among the three wastewater
charge parameters of flow, biochemical oxygen demand and
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suspended solids in accordance with the General Manager's
determination of which portion of the charge predominantly relates
to each parameter. The capital facilities charge distributed to
biochemical oxygen demand and suspended solids shall be divided
by the projected annual weights of biochemical oxygen demand and
suspended solids to be treated by the sewerage system in the accrual
year. (The capital facilities charge shall be reviewed by, the
Board of Directors every four years commencing with the first
review on January 1, 1980.)
C. The unit charge rates for each respective wastewater parameter
in (A) and (B) above shall be summed. The unit wastewater charge
rates so determined will be expressed in dollars per million
gallons for Vo, and in dollars per thousand pounds for Bo and So.
Other measurements of the organic content of the wastewater of a discharger,
such as C.O.D. or T.O.C., may be used instead of B.O.D. However, the
discharger must establish for the District a relationship between the B.O.D.
of his wastewater and the other measured parameter. This relationship shall
be used by the District in determining the charge for use.
August 20, 197S 4
303. CLASS II PERMIT
A Class II permit shall be required for users who discharge more than
10,000 gallons per day (3 million gallons per year) but less than
50,000 gallons per day (12 million gallons per year).
303.1 CLASS II CHARGE FOR USE
The purpose of a charge for use is to insure that each recipient of
sewerage service from the District pay its reasonably proportionate
share of all the costs of providing that sewerage service. Charges for
use are used for recovering the cost of conveying, treating and disposing
of sewage in District facilities and are exclusive of any fees levied by
local sewering agencies. The charge for use shall be based on the total
maintenance, operation and capital expenditures for providing wastewater
collection, treatment and disposal.
A discharger who is issued a Class II wastewater discharge permit under
the provisions of this Ordinance shall pay an annual charge for use
following the fiscal year in which charges accrue. This charge will be
based on the volume of wastewater discharged and shall be determined as
follows:
A. The total annual operation and maintenance costs of the sewerage
August 20, 1975
system shall be estimated for the accrual year and distributed
c
to the wastewater charge parameter flow. The operation and
maintenance costs as distributed to flow shall be divided by the
projected annual total flow volume to be treated by the sewerage
system in the accrual year.
B. A capital facilities charge for capital recovery and capital
improvement shall be levied at the rate of $125 (one -hundred
and twenty-five dollars) per million gallons of wastewater..
(The capital facilities charge shall be reviewed by the Board
of Directors every four years commencing with the first review
on January 1, 1980.)
C. The charge rate for the wastewater parameter of flow as determined
in•(A) and (B) above shall be summed, and the rate so determined
will, be expressed in dollars per million gallons.
D. The annual charge for use shall be calculated by multiplying the
charge rate as determined in (C) above and the total annual volume
of wastewater discharged. The charge for use is payable within
45 days of invoicing by the District. A credit will be allowed
for that portion of the total charge that is paid by the discharger
through ad valorem tax, exclusive of that portion paid for debt
service.
August 20, 1975 6
ARTICLE 8
EFFECTIVE DATE
The effective date of this Ordinance shall be January 1, 1976.
August 20, 1975
CHARGE FOR USE
COST ALLOCATION:
OPERATIONS & MAINTENANCE:
FLOW
SS
BOD
CAPITAL FACILITIES:
FLOW
SS
BOD
TOTAL:
FLOW
SS
BOD
8/25/75
FLOW 700
SS 20%
BOD 100
$72.00/MG
$50.40/MG
6.60/1000 Lbs
4.10/1000 Lbs
$125.00/MG
$87.S0/MG
11.50/1000 Lbs
7.10/1000 Lbs
$137.90/MG (VO)
18.10/1000 Lbs (So)
11.20/1000 Lbs (Bo)
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
P.O. BOX 8127
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708
1714) 540-2910
(714) 962-2411
~ COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
P.O. BOX 8127
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708
(714) 540-2910
(714) 962-2411
June 5, 1975
REPORT OF THE SPECIAL COMMITTEE ON INDUSTRIAL WASTE ORDINANCE
Meeting Date: June 4, 1975
Members present: Henry Duke, Chairman, John Burton, Michael
Callahan, Dale Chaput, Howard Rogers
Members absent: Bernie Svalstad
Others present: Frank Ellwell, Surplate; Walker Downs, Anodyne;
Bill Snyder, Embee Plating .
Staff present: Fred A. Harper, Ray E. Lewis, John Thomas,
Hilary Eitzen
Convened: 7:30 p.m.
Adjourned: 9:30 p.m.
General Review by Staff - The staff briefly reviewed the
development of the existing and proposed ordinances with special
emphasis on the manner in which the existing excess capacity
charge provisions of both ordinances were developed. In addition,
the Committee was apprised of the requirements of the Federal Water
Pollution Control Act, known as Public Law 92-500. The excess
capacity charge provisions of the current ordinance is not accept-
able to the State and EPA as far as a revenue program is concerned.
The underlying philosophy in Public Law 92-500 is to create equity
whereby the user pays in accordance with his use of the sewer system.
This applies to operation and maintenance costs as well as capital.
recovery. The staff presented the following figures which have
been averaged for all Districts:
Current costs per million gallons (average all 7 Districts):
0 & M $ 66.00
Capital Recov. 204.00
$270.00
These figures do not include debt retirement which will con-
tinue to be amortized by ad valorem taxes.
Alternatives Considered by the Committee - Six alternatives
for capital recovery were presented by the staff to the Committee.
(1) Districts continue to utilize ad valorem taxes as
the major source of revenue, but collect for
excessive use by the current formula for excess
capacity using peak flow based on 1971 figures -
$350/1000 gallons peak flow
(2) Districts continue to utilize ad valorem taxes
as the major source of revenue, but collect for
excessive use by the formula for excess capacity
using average flow based on 1971 figures - $350/1000
gallons average flow
(3) Districts continue to utilize ad valorem taxes
as the major source of revenue, but collect for
excessive use by the formula for excess capacity
using peak flow based on 1974 figures - $556 per
thousand gallons of peak flow
(4) Districts continue to utilize ad valorem taxes
as the major source of revenue, but collect for
excessive use by the formula for excess capacity
using average flow based on 1974 figures - $556
per thousand gallons
(5) A modified user charge employing a revenue program
which continues to utilize ad valorem taxes as the
major source of revenue but collects maintenance
and operation costs plus a capital recovery charge
from dischargers exceeding 2.5 million gallons per
year with credits for ad valorem taxes paid the
Districts
(6) Eliminate ad valorem taxes as the major revenue
source and charge each sewer user an annual charge
based on the costs for gallonage discharged regard-
less of classification, i.e., residential., commercial,
or industrial.
Advantages and Disadvantages of the Various Alternatives:
Alternatives 1 through 4 essentially support the current and
proposed method of collecting a one-time excess capacity charge
and provide subsidies for firms discharging prior to 1971.
In addition to the one-time charges developed by the excess
capacity formulas, the District would, continue to collect opera-
tions and maintenance costs which are currently projected to be
$66/million gallons.
-2-
The advantage to the user is that it is a one-time charge
.for excess capacity as long as his flows do not increase. If
the user was in operation prior to 1971, he may not be charged
for excessive use of the sewer system.
The disadvantages are that many users are being subsidized
by other taxpayers. For those users who have established a
high capacity right without payment there is.no incentive for
water conservation.
Alternative No. 5 - The modified user charge would employ
a fixed annual capital charge per million gallons of $125 for
capital recovery, plus the gallonage charge for operations and
maintenance (0 & M), which will vary annually. The current
proj.e'ction is $66 per million gallons for 0 & M. This charge
will apply to all dischargers exceeding 2z million gallons per
year with credits to be applied for ad valorem taxes paid related
to District 0 & M and capital recovery. This system of charging
approaches the State and Federal approved revenue program if ad
valorem taxes are permitted as the major source of revenue.
There is a semblance of equity, in that all dischargers exceed-
ing 2k million gallons per year will pay for their excessive
use of the sewer system.
Those businesses and/or industries currently immune to
charges because of the grandfather clause in the current
ordinance will have to pay in accordance with their use of
the sewer system. Business and industry will be partially
subsidized by establishing the fixed $125/million gallons for
capital recovery over an extended period of time. The charges
will promote water conservation and encourage quantity .and
quality control by dischargers.
Alternative No. 6 - User charge where everyone is charged
based on the costs for the gallons discharged, regardless of
classification, residential, commercial, or industrial. This
type of charge system would eliminate ad. valorem taxes as the
major revenue source. The advantage of this type of program
is that the user would pay costs in relationship to actual use.
This program is endorsed by the State and Federal Governments.
The disadvantages are that we have approximately 350,000
sewer connections within our Districts and the costs to administer
such a program would exceed half a million dollars per year, with
no particular benefit relative to water quality. We do not have
any estimate as to what the costs would be to set up such a billing
system. It would also shift costs to many disadvantaged persons;
property owners with low assessed valuations would pay substantially
more than they are paying now. The low volume discharger would pay
-3-
less. We would anticipate a high delinquency in collections
and a long period of adjustment, both for the Districts and
the public.
Committee Recommendation - Following a discussion concerning
the various alternatives and the advantages and disadvantages of
the various proposals, the committee members present unanimously
agreed that the modified user charge, Alternate No. 5, should
be explored with the industrial community, as it appears to pro-
vide substantial equity among users as well as promote water
conservation. In addition, this method should generate, in the
long run, sizeable funds for capital improvements, operations,
and maintenance thereby reducing other taxpayers' costs.
Therefore, the Committee recommends that the Boards of
Directors authorize the Districts' staff to hold informal hearings
with the Chambers of Commerce and representatives of the industrial
community within the Districts for their input and reaction to a
modified user charge revenue program which continues to utilize
ad valorem taxes as the major source of revenue but collects
maintenance and operation costs plus a fixed capital recovery
charge of $125 per million gallons from dischargers exceeding
22 million gallons per year with applied credits for ad valorem
taxes paid the District.
-4-
Q
/00kN
INDUSTRIAL, WASTE SPECIAL COMMITTEE MEETING
June 4, 1975
Present: Chairman Henry Duke, Howard Rogers, Michael Callahan, Dale Chaput,
John Burton, Frank Ellwell, Shur -Plate, Walker Downs, Anodyne, Bill Snyder,
Embee Plating, Fred Harper, Ray Lewis, John Thomas, Hilary Eitzen
Agenda Item 1 - General Review by Staff
Mr. Harper gave a brief historical picture of what has taken place with this ordinance
since the beginning of its formation. He mentioned that originally, in 1970, one of
industries major concerns was to be able to remain competitive with other entities
In other areas where there were no charges. It was on this basis that the excess
capacity charge was developed with a grandfather clause allowing anyone currently in
the system to grandfather in at their present flow rate. From that point on any
industry which exceeded their grandfather "flow" figure by 5,000 gallons per day woufid
be expected to pay for that excess use. In addition, operating and maintenance costs
have been charged, in excess of the credits -received for assessed valuation.
Ray Lewis: The underlying philosophy of the Board has been to create some equity so
everyone is paying essentia-ly the same amount for capital improvement and operating
costs. The best thing technically is to meter each discharge and have each discharger
pay a proportionate share for their use, based on metered flow. The figures shown for
residential discharges (see attached) are very well documented, particularly in
District No. 7. The average range is $400 to $500. Industry is paying $200 to $300 on
an average. Some are paying too much and some too little and that was thepurpose of
excess capacity charges. Staff, in writing the new ordinance did not feel we could
throw the concept of capital outlay away and so incorporated excess capacity as it was
in the old ordinance, even though it had not been previously collected. The new
ordinance was basically addressing itself to quality control. PL92-500 as adopted in
1972 would provide for a revenue program. The attorney's for EPA rules that ad valorem
taxes are an acceptable way to raise revenue If you can show equity. The GAO's office
has overturned that ruling. At the present time ad valorem taxes are not acceptable
under the federal law today. There are meetings going on now to reconsider this.
2
Dale Chaput questioned whether we were going to have to put meters on the sewers.
Lewis responded that we would have to do that or establish a flat charge. If the ruling
is upheld by Congress that ad valorem taxes are unacceptable, then we will be forced to
be a billing company just like any other utility.
Revenue Program: The costs per million gallon for each District show how we vary from
District to District. The total 0 & M, capital recovery and capital outlay figures
averaged for all Districts are $270 per million gallons. One of the things that staff
talked about is something that would somewhat subsidize industry by deferring capital
costs over a period. Would pay $125 to account for capital outlay and recovery which
would remain constant for a given period of time. In addition, there would be an
0 & M charge which would vary from year. In the case of the current year, the total
charge per million gallons would be $191. This would eliminate the grandfather clause.
We would look at anyone discharg&ng more than 2.5 million gallons per day. This was
established to eliminate gas stations, etc. We would give credit for taxes paid so long
as they remain a method of collecting revenue, except for the portion for bond payment.
We think this would equalize itself out and we will be in a competitive with L.A. Co.
Sanitation Districts whose charge is $230 per million gallons.
John Thomas: Using this,$125 figure, we allocated 70% to flow, 20% to suspended solids
and 10% to BOD.
Ray Lewis: In the federal and state guidelines for the revenue program, they have given
us an example of using 1/3, 1/3, 1/3 unless otherwise demonstrating a different
distribution of cost. We feel, in our system, it is 70-20-10. This represents the
capital facilities we have to build. Most of the money is going into hydraulics.
Bill Snyder: This charge would then replace Section 402, but the use charges would
still be in the ordinance.
water
Rom: In response to a question Ray responded that we will establish a/loss figure for
a type of industry and we will use that unless an industry can document to us that
they are losing more water than that, that is water which is not going into the sewer
system. We will use water consummed (purchased) and from that deduct the water loss
applicable to a certain type of industry and charge on the difference.
3
Henry Duke: Have billed for peaks, not averages. To get this thing going, think we
should get the best alternatives.
1. Exeess capacity using 1970 peaks
2. Excess capacity using 1974 peaks
3. Using revenue program starting in 1970.
4. Is using revenue program starting now.
It was later felt that option 3 would not be an acceptable or legal option.
Ray Lewis: Have to keep in mind that we are alluding to the type of revenue program
we will have to come up with to meet the State and Federal requirements within a couple
of years anyway. The ordinance as it now stands does not have the revenue program
component in it. This new alternative is, as we know today, the best estimate to
operate and maintain these facilities. It is the first attempt of a revenue program
geared along the guidelines of the State and Federal requirements.
Henry Duke: Outlined the alternatives again outlined that the revenue program option
would be actual flow rates with no grandfather clause. That is more equitable to the
business area. It would be effective now.
Bill Snyder: Mentioned that industry had proposed an alternative to go with excess
capacity but have everyone grandfather in as of 1974. Mr. Duke stated he did not feel
that would be acceptable to the Board.
A possibility of getting credit for the assessed valuations of the people a plater does
work for was mentioned but it was felt this was not feasible. It was mentioned, however
that if the processing shops went out of business, then these large industries would
have to put in their own plating installations at their facilities.
Henry Duke: Requested each committee member speak to the alternatives as outlined above.
John Burton: Favors alternate of revenue program assuming ad valorem taxes are maintained
and it will meet cash flow needs. Ad valorem has a better chance or providing a base
for equitability. Alternate revenue program backs off from a pretty stiff fee which
has the chance of putting people out of business plus inhibiting businesses from coming
in and also, as far as Districts are concerned the actual cash flow would be greater
in the long run.
?Onl1 4
"C" = revenue program
Howard Rogers: Favors "C". Asked if this would be collected annually in advance.
Do feel we should publicize this to all industries before the fact.
Henry Duke: Think we are going overboard in "C". Think that estimates should be made
ahead of time and money should be paid in advance.
Bill Snyder: Doing it this way industry can adjust prices and still be competitive.
Think this is fair and equitable.
Dale Chaput: Does not know for sure that everyone will be in favor of "C". If I was
Company "B" for example, I do not think I would be in favor of "C".
Henry Duke: Money usage is the important thing these days. I feel we are giving a
lot. We don't have to come up with recommendation the -Board has to accept. We have
to come up with alternatives and a recommendation for one of them.
Rom: Alt. "C" U more consistent with the State and Federal law. Charges do not cease
with this.
Dale Chaput: If staff tells me this is equitable, then I have no objection to this type
of charge. What is the legality of getting this adopted?
Fred: Will be giving credit on any excess capacity charges paid until money is used up.
The question was could be forget about the past if the Board decided they wanted to.
Tom Woodruff, General Counsel has said we could if we give credit on excess capacity
charge paid. We would like to clean up some of the language in the ordinance if we
are going to do this.
Howard Rogers: Stressed we will have to do a lot of work with industries themselves.
It will take some time to get this done.
Michael Callahan: Agree with Alternate "C" as long as it will not hinder us financially.
Sum_
It was decided to go with item "C" and have it typed up for presentation to the Boards
with the stipulation that the monies be collected quarterly in advance, and as long as
It is in agreement with Wayne Sylvester for the financial picture. It was requested
the Committee report be sent to the Chamber of Commerce and let them carry the ball
to get input from them.
E
Fred: Think the recommendation should be presented to the Board before it is sent to
the Chamber of Commerce. Think what would be going to the Board is that the concept
is being changed to provide more equity between high users and let the Board send it
out for input before a final decision is made.
Mr. Duke requested that we write up Alternate "C" and the reasons for it and state we
did discuss the other Alternatives and felt they were not as equitable.
Chaput stressed we should point out the equitability of "C" as well as the compatibility
with what is going to be required by State and Federal law.
It was requested that a column be added to the examples showing 0 & M charges.
Regarding Section 302.4 - Mr. Duke stated that pertaining to the user charger, business
would like to be told in advance what to pay so that it can get into their pricing.
Recommends this as a change in the ordinance
be concurrent on a quarterly basis.
Ray felt that the two billings should
Bill Snyder: Doesn't this new method also do away with Class I and Class II users?
Fred: On people lower than six million gallons, we would like to just charge on the
basis of flow only without doing lab work. The charge would be $125 per million gallons
plus 0 & M. From six million up, then we break it down so much for flow, so much for
suspended solids and so much for BOD.
Frank Ellwell: Think Suspension and Appeal Section should be revised.
Fred: We are sure there are going to be many people not happy with this. We probably
will not really have an ordinance until as late as November after hearings, etc.
Would suggest that once we take this to the Board we would immediately set hearings and
get out and let the industries know. Will have both informal and formal hearings.
Henry Duke: Requested a report go out Friday or Monday. Let the directors know the
choice of the Committee in Alternate "C" and the end of the grandfather clause.
Adjourned 9:20
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
P.O. BOX 8127
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708
(714) 540-2910
(714) 962-2411
SPECIAL COMMITTEE ON INDUSTRIAL WASTE ORDINANCE
Committee Members
2
June 4, 1975
7:30 P.M.
A G E N D A
Henry Duke, Chairman
John Burton
Michael Callahan
Dale Chaput
Howard Rogers
Bernie Svalstad
General review by staff of capital cost recovery provisions of the
existing and proposed ordinance.
Review of staff prepared examples of charges under the existing and
proposed ordinances.
3. Alternatives
A. Modified user charge employing a revenue program which continues
to utilize ad valorem taxes as the major source of revenue but
collects maintenance and operation costs plus a capital recovery
charge from dischargers exceeding 2.5 million gallons per year,
with credits for ad valorem taxes paid District.
B. Eliminate ad valorem taxes as the major revenue source and charge
each sewer user all costs based on the gallons discharged
annually, regardless of classification.
MEMORANDUM
TO: FRED A. HARPER
General Manager
FROM: THOMAS L. WOODRUFF
General Counsel
DATE: June 4, 1975
SUBJECT: Nonpayment and Waiver of Excess Capacity Charges
As you are aware, the ordinances which are pre-
sently in full force and effect for each of the Districts
provide, in Article 6 thereof, for the payment of excess
capacity connection charges for industrial users. In the
consideration of the proposed new industrial waste water
ordinance, inquiry has been made by several Directors
relative to the legal ability of the Districts to waive the
collection of the excess capacity connection charges from
those users for the period between January 1, 1971 to pre-
sent. This is assuming that these charges have not been
collected by the Districts as of this date.
The ordinances presently in force do provide the
legal authority in which to impose these charges, but other
than possible inquiry by our financial auditors, the Dis-
tricts have the right to take no action towards the collec-
tion thereof. If that decision is reached by the Directors,
it may be accomplished by simply a directory type of motion,
indicating to the staff that they are to take no steps to
enforce any obligations that may have accured under the old
ordinance. Additionally, when the new ordinance is adopted,
the old ordinance will be expressly repealed, and I would
suggest that we incorporate certain recitals to,the effect
that the Districts capital outlay and recovery is provided
for through a newly designed revenue program which is in
accordance with federal and statewide requirements.
It is my opinion that the inclusion of that finding
by the Directors when adopting the new ordinance would be
more than sufficient to withstand any legal attack by a tax-
payer for failing to collect monies otherwise due to the
Districts under the provisions of the old ordinance. Like-
wise, it should more than adequately satisfy any inquiry
by the financial auditors as to why the Districts have not
taken measures to collect thes past due amounts.
Thomas L. Woodruff
General Counsel
TLW: rgn
a• CITY HALL - 7822 WALKER STREET
OEM
Phone: 523-7700 La Palma, Calif. 90623
June 2, 1975
Fred Harper, General Manager
Orange County Sanitation District
P. 0. Box 8127
Fountain Valley, California 92708
Dear Fred:
I would like to reiterate my concern on the proposed ordinance
now in Committee with respect to that area concerning equitable
distribution of costs for excess capacity.
My understanding is that the costs involved must be
distributed on the basis of usage and that the Federal and/or
State authorities have established this point in their direction tc
our Sanitation Districts. It would be my contention that unless
that direction specifically permits loop holes such as
grandfather clauses or other types of exemptions, then the
basis for our present excess capacity charges are invalid.
They are invalid because any user exempted from excess capacity
charges based on a 1971 date, or any cutoff date that the Board
of Directors may select, still establishes a privileged group
whose fair costs are being subsidized by the rest of the District's
property owners.
I would recommend that a fee schedule be established for all
present and future excess capacity demands. An economic
evaluation in all probability would indicate a significant reduction
of the proposed fees because of the larger base. Any reduction would
greatly aid those few industries now affected and.would more
honestly deal with the intent expressed by the term "equitable
distribution".
Sincerely ours,
Edward J. Byrne
Mayor
E J B : kp
TO: SPECIAL COMMITTEE ON INDUSTRIAL WASTE ORDINANCE
Henry Duke, Chairman
John Burton
Michael Callahan
Dale Chaput
Howard Rogers
Bernie Svalstad
Following is a facsimile of a memorandum received by Director
Miriam Kaywood and dictated over the telephone on June 2, 1975:
MEMORANDUM TO: Miriam Kaywood
FROM: James P. Maddox, City Engineer
RE: Public -Hearing on adoption of Orange County
Sanitation Districts'Ordinances 204 and 305
Adoption of the above -referenced Ordinances Establishing Regulations
for Use of Districts' Sewerage Facilities is scheduled Thursday,
May 29, 1975. The Board of Directors on May 14 authorized certain
changes to be made to these ordinances. These customized ordinances,
as well as the green cover describing the authorized changes, have
been reviewed by this office. Comparing these changes with the revised
April, 1975 Tentative Draft, the changes are of an explanative nature.
In addition to these changes, Sections 509 and 510 were added. These
two sections provide for waiver provision and agencies exempt from
charges, respectively.
It is recommended that Ordinances 204 and 305 be adopted, as amended.
cc: County Sanitation Districts' file
Agenda Item No. 6 COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
' P.O. BOX 8127
1OB44 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708
(714) 540-2910
(714) 962-2411
S T A F F R E P O R T
May 29, 1975
SUBJECT: Excess Capacity Connection Charges - Section 402 of Ordinance
Establishing Regulations for the Use of Districts' Sewerage Facilities
Considerable discussion has centered around the excess capacity charges which
are part of the existing ordinance and are included in the new proposed Use
Ordinance. In review of the reports and data used in the establishment of this
section of the ordinance, the basic rationale for this provision is to establish
equity in the use of the Districts' sewerage facilities to insure that high
volume users are not subsidized by other segments of the community.
One of the principal requirements of the State and Federal revenue regulations
is that each discharger pay their equitable share. Without this provision in
the ordinance, some of the high volume users would be subsidized by other
taxpayers, particularly the single family resident. The staff is presently
engaged in the development of a revenue program to meet the State and Federal
requirements and it is anticipated that this will be finalized within two to
five years. One of the major difficulties at this time is that ad valorem tax
has been ruled out as a part of the Districts' revenue program. We expect this
provision will be allowed in a future amendment to the Federal Act.
The revenue program will provide for a credit for excess capacity charges levied
and paid under the provisions of Section 402 toward the applicable capacity
charges which will be incorporated in the forthcoming program.
Set forth below are the staff's comments with examples of how the excess capacity
charges are calculated:
Determination of Excess Capacity Connection Charges
For New Connecti
An excess capacity connection charge is payable by a user when the peak
flow rate is expected to exceed 25,000 gallons per day, unless such peak
flow rate is a reasonable use; reasonable use is considered to be 25,000
gallons per $100,000 of assessed valuation.
The excess capacity connection charge is computed at the rate of $350 per
1,000 gallons of peak flow rate, when the peak flow exceeds reasonable use.
Staff Report
May 29, 1975
Page Two
For Connections Existing Before January 1, 1971
Excess capacity connection charges are payable for existing connections
when:
a. The peak flow exceeds 25,000 gallons per day; or
b. The peak flow exceeds reasonable use; or
c. The user's discharge exceeds by more than 5,000 gallons per day
the highest peak.flow rate experienced by the user during the
1970 calendar year.
If an excess capacity connection charge is due, then it is computed at
the rate of. $350 per 1,000 gallons.
REL:hje
P� E X A M P L E
COMPANY "A"
1974-75 Assessed Valuation = $25,000
Water Purchased
Million Gallons
Average Discharge*
Thousand Gallons
Per Day
(Inc. 5% Loss)
Peak Flow, Thousand`*
Gallons Per Day
0.6 times Ave. Discharge)
1970
9.2
24.3
38.9
1971
11.7
30.9
49.4
1972
13.7
36.2
57.8
1973
16.5
43.5
69.7
1974
19.2
50.7
81.1
* Based upon 360 days per year
*rt Average flow multiplied by 1.6 peaking factor
1970 Base
Capacity =
38.9
Thousand
Gallons
Per
Day
1974 Peak
Flow =
81.1
Thousand
Gallons
Per
Day
Difference
(excess) =
42.2
Thousand
Gallons
Per
Day
Excess Capacity Connection Charge 42.2 x $350 = $14,470.
E X A M P L E
Company "B"
1974-75 Assessed Valuation = $296,190
1974-75 Reasonable Use = 74.047 Thousand Gallons Per Day
An existing company was taken over by a new owner. The existing company
had established a previous peak of 448,000 gallons per day. The new peak
as shown by a one year occupancy of the new owner was 747,000 gallons per
day. The difference was 299,000 x $350/1,000.gallons = $104,650.00
Water Purchased
Million Gallons
1974 235.1.
AverageDischarge`
Thousand Gallons
Per Day
(Inc. 5% Loss)
Based upon 360 days per year
Average flow multiplied by 1.6 peaking factor
Peak Flow, Thousand*
Gallons Per Day
(1.6 times Ave. Discharge)
992.0
1974 Peak Flow = 992 Thousand Gallons Per Day j
1973 Peak Flow = 747 Thousand Gallons Per Day (as previously purchased excess capacity;,
Excess Cap. Chg 245 x $350 = $85,750.
E X A M P L E
COMPANY "C"
1974-75 Assessed Valuation = $157,370
1974-75 Reasonable Use = 39,250
Water Purchased
Million Gallons
Average Discharge`
Thousand Gallons
Per Day
(Inc. 5% Loss)
1971
5.1
13.5
1972
8.3
21.9
1973
12.0
31.6
1974
16.6
43.8
Peak Flow, Thousand`*
Gallons Per Day
(1.6 times Ave. Discharge)
21.6
1974 Excess Capacity Charge = 70.1 Thousand Gallons Per Day
Reasonable Use = 39.2 Thousand Gallons Per Day
Excess Cap. Charge 30.9 x $350 = $10,815.
35.0
50.6
70.1
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY. CALIFORNIA
P.O. BOX 8127
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708
(714) 540-2910
(714) 962-2411
A PROPOSED ORDINANCE ESTABLISHING REGULATIONS
FOR THE USE OF DISTRICTS' SEWERAGE FACILITIES
The Board of Directors has declared their intent to adopt this Ordinance as amended
May 14, 1975, at an adjourned meeting to be held May 29, 197S at 7:30 P.M. at the
Districts' administrative offices, 10844 Ellis Avenue; Fountain Valley, California.
If anyone has any questions concerning the provisions of this Ordinance, please call
Mr. John Thomas, the Districts' Chief of the Industrial and Permit Division, at
(714) 540-2910.
THE FOLLOWING AMENDMENTS TO THE MAY 14, 1975 DRAFT OF THIS ORDINANCE HAVE BEEN -
AUTHORIZED BY THE BOARD OF DIRECTORS AND ARE INCLUDED IN THIS ORDINANCE:
Section 302.1, 2nd Paragraph, Item 2
Number and -type of employees and average hours of work per employee.
Section 302.21, Item 5, 2nd Paragraph
Each user shall.provide protection from accidental discharge of prohibited
materials or other wastes regulated by this Ordinance. Such protection will
be designed to secure the discharges to prevent them from entering into the
system in accordance with reasonable engineering standards. Such facilities
shall be provided and maintained at the user's expense.
1 Section 302.21, Item 8
Wastewater discharge permits are issued to a specific user for a specific
operation at a specific location and create no vested rights. A Class I
wastewater discharge permit shall not be transferred to-a-new-ewner;-different
premise-er-te-a-new-er-ehanged-eperatien: for an operation at a different
location nor for a new or changed operation without prior approval of the
General Manager.
Section 303.5
Wastewater discharge permits are issued to a specific user for a specific oper-
ation at a specific location. A Class II wastewater discharge permit shall not
be transferred to-a-new-ewnee3-Eli€€erent-premise-er-te-a-new-er-ehanged-eperatien,-
for an operation at a different location nor for a new or changed operation
without prior approval of the General Manager.
-CONTINUED-
Section 506, 1st Paragraph
Any user, permit applicant, or permit holder affected by any decision, action,
or determination, including cease and desist orders, made by the General
DIanager, interpreting or implementing the provisions of this Ordinance or in
any permit issued herein, may file with the General Manager a written request
for reconsideration within ten (10) days of such decision, action, or determin-
ation, setting forth in detail the facts supporting the user's request for
reconsideration. 1€-the-ruling-made-by-the-Gene3?al-Manager-is-unsatis€aetery
te-the-person-regtiesting-reeensideratien;-he-may-within-ten-{1g)-clays-a€ter
noti€ieatien-e€-the-General-Manager=s-aetioa;-€ile-a-written-appeal-with-the
Seeretary-e€-the-Beard-a€-Bireeters- The General Manager shall render a
decision on the request for reconsideration to the user, permit applicant or
permit holder in writing within 15 days of receipt of request. If the ruling
on the request for reconsideration made by the General Manager is unsatisfactory,
the person requesting reconsideration may, within 10 days after notification of
the General Manager's action, file a written appeal with the Secretary of the Board.
Section 506, 2nd Paragraph
A fee of $100 shall accompany any appeal to the Board of Directors of the District
for a ruling of the District. This fee shall may be refunded if the appeal is
sustained in favor of the appellant.
Add Section 509
Waiver of Ordinance Provisions ,
In the event of any declared local, state or federal emergency, the provisions of
this Ordinance may be waived by resolution of the Board of Directors.
Add Section 510
Local Agency Exemption from Charges
No excess capacity charges or use charges as specified herein; shall be payable
for the discharge of sewage or industrial waste from property in the District
owned or Zeased by elementary, high school, and ,junior college school districts,
special districts, the County of Orange, and cities, provided however, that such
property is not used for proprietary purposes. (NOTE: local agencies are not
exempt from District's connection charges - See Section 403).
ORDINANCE NO. 305 '
AN ORDINANCE ESTABLISHING REGULATIONS
FOR USE OF DISTRICT SEWERAGE FACILITIES .
The.Board of Directors of County Sanitation District No. 3 of Orange
• County, California, does ordain as follows:
• ARTICLE 1
GENERAL PROVISIONS
101. PURPOSE AND POLICY
The purpose of this Ordinance is to provide for the maximum public
P I'P P
benefit from the use of District's facilities. This shall be
accomplished by regulating'sewer use and -wastewater discharges, by
providing equitable distribution of District's costs, and by
providing procedures that will allow District to comply with
requirements placed upon the District by other regulatory agencies.
The revenues to be derived.from the application of this Ordinance
shall be used to defray all costs of providing sewerage service by
the District, including, but not limited to, administration,
operation, monitoring, maintenance, financing, capital construction,
replacement and recovery, and provisions for necessary reserves.
~ This Ordinance shall be interpreted in accordance with the definitions
set forth in Section 102. The provisions of the Ordinance shall apply
to the direct or indirect discharge of all liquid wastes carried to
facilities of the District.
To comply with Federal and State of California policies and to
permit the District to meet applicable standards of treatment plant
effluent quality, provisions are made in this Ordinance for the regu-
lation of wastewater discharges. This Ordinance establishes quantity
and quality limitations on all -wastewater discharges which may
adversely affect the District's sewerage systems, processes, or
• effluent quality. It is the intent of these limitations to improve
May 29, 197S ,
the quality of wastewater being received for treatment; an implication
of this intent is the District's policy of discouraging an increase
in the quantity (mass emission) of waste constituents being discharged.
This Ordinance also provides for regulation of the degree of waste pre-
treatment required, the issuance of permits for wastewater discharge and
connections, and other miscellaneous permits, and the establishment of
1
penalties -for violation of the Ordinance. '
` Since the District is committed to a policy of wastewater renovation
and reuse in order to provide an alternate source of water supply,
the renovation of wastewater through secondary and tertiary wastewater
treatment processes may necessitate•more stringent quality requirements
on wastewater dischargers than those required by other governmental
regulatory agencies.
102. DEFINITIONS
Unless otherwise defined herein, terms.related to water quality shall be
as adopted in the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health
Association, the American Water Works Association and the Water Pollution
Control Federation. The testing procedures for waste constituents and
characteristics shall be as provided in 40 CFR 136, (Code of Federal
Regulations; Title 40; Protection of Environment; Chapter I, Environmental
Protection Agency; Part 136, Test Procedures for the Analyses of
Pollutants), or -as specified. Other terms not herein defined are defined
as being the same as set forth in the International Conference of Building
Officials Uniform Building Code, 1973 Edition.
1. Ad Valorem Tax. shall mean the tax levied for the benefit of an
individual District on the -assessed value of land and improvements
within its boundaries.
2. A enc shall mean an administrative division or group.
3. Assessed Value. shall mean that portion of.the total assessed value
of the land and improvements.(excluding personal property) upon
which District taxes are levied.
a
0
2.
4.
Board. shall mean the Board of Directors of the County Sanitation
.
District No. 3, of Orange County, California.
S.
B.O.D. (Biochemical Oxygen Demand). shall mean the measure of
biodegradable organic material in domestic or other wastewaters
as represented by the oxygen utilized over a period of five days
at 20 degrees centigrade and as determined by the appropriate
testing procedures.
41 • 6.
Class I User. shall mean any user who':
e
(a) has a discharge flow of 50,000 gallons or more per normal
• work day; or
'
(b) is found by the General Manager to have a detrimental impact;
either singly or in combination with other contributing
industries, on the sewerage facilities.
7.
Class II User. shall mean a user who discharges more than its
proportionate share of wastewater, suspended solids and/or
Biochemical Oxygen Demand, but less than 50,000 gallons of waste-
water per day. The user's proportionate share shall be based
upon ad valorem taxes paid for District's services.
.8.
C.O.D. (Chemical Oxygen Demand), shall mean the measure of
-chemically oxidizable material in domestic or other wastewaters
as determined by appropriate testing procedures.
9.
Compatible Pollutant. shall mean a combination of Biochemical
Oxygen Demand, suspended solids, p1l, fecal coliform bacteria,
plus other pollutants that the Districts' treatment works are
'
designed to remove.
• 10.
Developments.' shall mean parcels of land on which dwelling units,
commercial or industrial buildings, or other improvements are built.
11.
Discharger. shall mean any person that discharges or causes a
discharge of wastewater directly or indirectly to a public sewer.
3.
May 29. , 1975
12. Districts. shall mean any individual or combination of individual
County Sanitation Districts Nos. 1, 20 3, S, 60 7 or 11 of
Orange County.
13. District Connection Charge, shall mean a fee imposed by District
No. for connecting directly to a District sewerage facility
or to a sewer which ultimately discharges into a District sewerage
facility.
f
14. District Sewerage Facility. shall mean any property belonging to
the District used in the treatment, reclamation, reuse, trans-
portation', or disposal of wastewater.
1S. Domestic Wastewater. shall mean the liquid and water borne wastes
derived from the ordinary living processes in a dwelling unit of
such character as to permit satisfactory disposal, without special
treatment, into the public sewer or by means of a private disposal
system.
16. Dwelling Unit. shall -mean one or more habitable rooms which are
occupied or which are intended or designed to be -occupied by one
family with facilities for living, sleeping and cooking.
17. Family Dwelling Building. shall mean.a structure designed and used
to house families and containing one or more dwelling units.
18. Floor Area..* shall mean the area included within the surrounding
exterior walls of a building or portion thereof, exclusive of
ramps, docks, vent shafts and courts. The floor area of
a building, or portion thereof, not provided with surrounding
exterior walls shall be the usable area under the horizontal
projection of the roof or floor above.
19. General Manager. shall mean the individual duly designated by the
Board of Directors of the.District to administer this Ordinance.
4.
May 29, 1975
20. Incompatible Pollutant. shall mean any pollutant which is not a
compatible pollutant as defined herein.
21. Industrial Wastewater. shall mean all water carried wastes and
wastewater of the community, excluding domestic wastewater, and
shall include all wastewater from any producing, manufacturing,
processing, institutional, commercial, service, agricultural, or
other operation. These may also include wastes of human origin
similar to domestic wastewaters.
22. Inspector. shall mean a person authorized by the General Manager
to inspect wastewater generation,.conveyance, processing and
disposal facilities.
23. Local Sewering Agency. shall mean any public or private corporation
duly authorized under the laws of the State of California to .
construct and/or.maintain public sewers.
24. Mass Emission Rate. shall mean the weight of material discharged
to the sewer system during a given time interval. Unless otherwise
specified, the mass emission rate shall mean pounds per day of a
particular constituent or combination -of constituents.
25. May. shall mean permissive.
r 26. New Construction. shall mean any structure under construction for
which a connection permit has not been issued. _
27. Normal Working Day. shall mean the period of time during which
production and/or operation is taking place.
28. Person. shall mean any individual, partnership, firm, association,
corporation, or public agency including the State of California
and the United States of America.
S.
May 29 i 1975 .
29. Pollutant. shall mean any constituent or characteristic of
wastewaters on which a discharge limitation may be imposed either
by the District or the regulatory bodies empowered to regulate
the District.
30. Pre-treatment Facility. shall mean any works or -devices for the
treatment or flow limitation of wastewater prior to discharge into
a public sewer.
31. Public Agency. shall mean any City,,' -District, or other public body
duly organized under the laws of the State of California.
32. Public Sewer, shall mean a sewer owned and operated by the District,
a City or other local sewering. agency, which is tributary to
treatment facilities operated by the District.
33. Sampling and Evaluation Program. shall mean the determination of
mass emission of constituents or other conditions specified in the
user's permit over a period of not less than one normal working
day, or more than five normal working days.
34. Sewage. shall mean wastewater.
35. Sewerage Facilities, shall mean any'and all facilities used for
collecting, conveying, pumping, treating and disposing of
wastewater. ••
36. Shall. shall mean mandatory.
37. Standard Industrial Classification (S.I.C.). shall mean a system of '
classifying industries as identified in the S.I.C. Manual, 1972,
Office of Management and Budget.
38. Standard Methods, shall mean procedures described in the current
edition of Standard Methods for the Examination of Water and
Wastewater, as published by the American Public Health Association,
the American Water Works.Association and Water Pollution Control
Federation.:
6. .
May 29, 1975
39.
Suspended Solids. shall mean -any insoluble material contained as
a component of wastewater and capable of separation from the liquid
Portion of said waste by laboratory filtration as determined by the
appropriate testing procedure.
_ 40.
Temporary User. shall mean any discharger who is granted temporary
•
permission by the District to discharge unpolluted water, storm
.
drainage or ground water to the District's sewerage facilities.
41.
T.O.C. (Total Organic Carbon). shall mean the measure of total
organic carbon in domestic or other wastewater as determined by
the appropriate testing procedure.
42.
Unpolluted Water. shall mean water to which no constituent has
been added either intentionally or accidentally.
43.
User. shall mean any person that discharges, or causes a discharge
•of wastewater directly or indirectly to a public sewer.
44..
Waste. shall mean sewage and any and all other waste substances,
liquid, solid, gaseous, or radioactive, associated with human
habitation, or of human or animal origin, or from any producing,
manufacturing or processing operation of whatever nature, including
such wastes placed within containers of whatever nature, prior to
•
and for the purpose of disposal.
45.
Wastewater. shall mean waste and water, whether treated or
untreated, discharged into or permitted to enter*a public sewer.
46.
Wastewater Constituents and Characteristics. shall mean the
•
individual chemical, physical, bacteriological and radiological
parameters, including volume and flow rate and such other parameters
that serve to define, classify or measure the quality and quantity
of wastewater.
May 29, 1975 -
ARTICLE 2
REGULATIONS
201. PROHIBITIONS ON DISCHARGES
No person shall discharge wastewaters directly or indirectly to sewerage
facilities owned by the District which cause, or are capable of causing,
either alone or by interaction with other substances:
1. A fire or explosion;
2. Obstruction of flow in the sewer system or damage to the sewerage -
facilities; '
3. Danger to life or safety of any person;
4. Prevention of the effective maintenance or operation of the sewerage
system;
S. Air pollution by the release of toxic or malodorous gas producing
substances;
6. Interference with the wastewater treatment process;
7. The Districts' effluent or any other product of the treatment process,
residues, sludges, or scums, to be unsuitable for reclamation and
reuse;
8. Discoloration or any other condition of the quality of the Districts'
treatment works effluent in such a manner that receiving water
quality requirements established by regulatory agencies cannot be met;
9. Conditions at or near sewerage facilities which violate any statute
or any rule, regulation, or ordinance of any public agency or state
or federal regulatory body.
May 29? 197S
2020' PROIIIBITIONS ON STOUT DRAINAGE AND GROUND WATER
Storm water, ground water, street drainage, subsurface drainage or
yard drainage shall not be discharged directly or indirectly to the
District's sewerage facilities.. The District may approve the
temporary discharge of such water only when no alternate method of
disposal is reasonably available.
If a temporary permit is granted for the discharge of such water.into
a tributary sewer, the user shall pay the applicable charges for use
and fees, and shall meet such other conditions as required by the
-District.
203. PROHIBITION ON UNPOLLUTED WATER
Unpolluted water such as single pass cooling water, will not be
discharged through direct or indirect connection to a District sewer.'
The District may approve the discharge of such water only when no
alternate method of disposal is reasonably available.
If a temporary permit.is granted for the discharge of such water into
a public sewer, the user shall pay the applicable charges for use and
fees, and shall meet such other conditions as required by the District.
204. LIMITATIONS ON RADIOACTIVE WASTES '
No person shall discharge,or cause to be discharged, any radioactive
waste into a public sewer except:
1. When the person is authorized to use radioactive materials by
the State Department of Health or other.governmental.agency
empowered to -regulate the use of radioactive materials; and
2. When the -waste is discharged in strict conformity with current
California Radiation Control Regulations (California Administrative
Code, Title 17) and the Atomic Energy Commission's regulations
and recommendations for safe disposal; and
10.•
May '29, 1975
00=k,
3. When the person is in compliance with all rules and regulations
of all other applicable regulatory agencies.
20S. LIMITATIONS ON THE USE OF GRINDERS
Waste from grinders shall not be discharged into a public sewer, except
wastes generated in packing or.preparing food or food products. Such
grinders must shred the waste to a degree that all particles will be
carried freely under normal flow conditions prevailing in the public sewer..
206. LIMITATIONS ON POINT OF DISCHARGE
No person, excluding local sewering agencies involved in maintenance
functions of sanitary sewer facilities, shall discharge any -wastewater
directly into a manhole or other opening in a sewer other than through
an approved building sewer, unless upon written application by -the user
and payment of the applicable charges for use and fees.
207. LIMITATIONS ON SEPTIC TANK AND CESSPOOL WASTES
A user proposing to discharge septic tank and cesspool wastes into a
District sewer must have a valid Orange County Health Department permit.
Such wastewaters shall be discharged at a location specified by District.
If such wastewaters are from developments not within the District's
boundaries, a fee adopted by Resolution of.District's Board of Directors
shall be paid. This fee shall be based upon the cost of providing District
services.
208. LIMITATIONS ON WASTEWATER STRENGTH
.208.1 No person shall discharge, after the date specified, wastewater containing
in excess of the quantities listed in Table I.
208.2 No person shall discharge any wastewater;
1. Having a temperature higher than 140 degrees Fahrenheit
(60 degrees Centigrade);
2. Containing more than 100 mg/L of oil or grease of mineral or
petroleum origin;
3. Having a pH less than 6.0'or greater than.12.0;
.11:
May 029, 197S
4. Containing in excess of 0.02 mg/L total identifiable chlorinated
hydrocarbons.1
S. Containing in excess of 0.5 mg/L dissolved sulfide.
6. Other materials, including but not limited to, ammonia, Biochemical
Oxygen Demand, Chemical Oxygen Demand, Total Organic Carbon,
suspended solids, oil or grease of animal or. vegetable origin, total
dissolved solids, and phenolic compounds, in quantities that may
cause or are found to cause problems in the sewerage facilities.
CONSTITUENT
Arsenic
Cadmium
Chromium (total)
Copper
Lead
Mercury
.L
Nickel
.Silver
Zinc
Cyanide (total)
Cyanide (free) 2
TABLE I
DISCHARGE LIMITS,
mg/L
December
July 1
31, 1975
1978
2.0
2.0
5.0
3.0
6.0
2.0
10.0
4.0
2.0
2.0
0.03
0.03
10.0
10.0
5.0
5.0
15.0
10.0
10.0
5.0
1.0,
1.0
July 1 (Tentative)1
1983
2.0
1.0
0.5
2.0
2.0
0.03
10.0
S.0
10.0
5.0
1.0
1 July 1, 1983 discharge limits are tentative; these limits will be evaluated in
the future to determine the removal effects of future improvements to the
treatment facilities of the District.
2 The term "free cyanide" shall mean those cyanides amenable to chlorination as
described in the 1972 Annual Book of ASTM Standards, 1972, Standard D 2036-72
Method B, page SS3.
1 To include at least the following: DDT(dichlorodiplienyltrichloroethane, both
isomers),, DDE _ (diclilorodiphenyletliylene) , DDD(dichlorodiplienyldichloroethane) ,
Aldrin, Benzene llexachloride (alpha, beta Fr gamma isomers) , Chlordane, Endrin,
Heptachlor, Dieldrin,'and PCB's (Polychlorinated biphenyls: Aroclors 12212 12282
1232, 1242, 1248, 1254, 1260 and 1262).
3
0
12.
May 29 , 1975
ARTICLE 3
WASTEWATER DISCHARGE PERMITS
301. INTRODUCTION
To provide the maximum public benefit from the use of District facilities
written authorization to use said facilities is required. This written
authorization shall be in the form of a permit. No vested right shall
• be given by issuance of permits provided for in this Ordinance.
The wastewater discharge permit shall be in one of three forms and is
dependent upon the volume and characteristics of wastewater to be
discharged. The three wastewater discharge permits are:
1. Class I Permit;
2. Class II Permit; .
3. Temporary Permit.
302. CLASS I WASTEWATER DISCHARGE PERMITS
All Class I users proposing to discharge into a public sewer must obtain
a wastewater discharge permit before discharging into a public sewer.
All existing Class I users connecting to or discharging into a public
sewer must obtain a wastewater discharge permit within 180-days after the
effective date of this Ordinance. For purposes of this Ordinance, a
Class I user is any user who:
1. Has a discharge flow of 50,000 gallons or more per normal working day;
or
2. Has wastewater producing operations that are in a Standard Industrial
Classification Group whose wastewater is deemed by the General Manager
to have a significant impact on the District's sewerage facilities.
The S.I.C. groups considered significant and which have been adopted
by the General Manager shall be published prior to the adoption of
this Ordinance and shall be updated as necessary; or
13.
May 24 1975 .
3. Involves the discharge of components which may exceed the parameters
as specified in Section 208, Limitations on Wastewater Strength.
302.1 CLASS I PERMIT APPLICATION
Users seeking a Class I wastewater discharge permit shall complete and
file with the District an application on the form prescribed by the
General Manager. The applicant shall be required to submit, in units and
terms appropriate for evaluation, the following information:
1. Name, address, assessor's parcel number(s), assessed valuation
and S.I.C. number(s) of applicants;
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics as deemed necessary
by the District, including, but not limited to those mentioned in
Section 208. These constituents and characteristics shall be
determined by a State certified laboratory or by a laboratory of
the discharger approved by the District;
4. Time and duration of discharge.
- The applicant may be required to submit for evaluation the following
information:
1. Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and elevation.
2• Number of employees and average hours of work per employee.
Other information may be required to properly evaluate the permit
application. After evaluation and acceptance of the data furnished,
the District may issue a Class I wastewater discharge permit subject
to terms and conditions provided in this Ordinance.
14.
f
May 29 , 1975
?094N
302.2 CLASS I PERMIT CONDITIONS
Class I wastewater discharge permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use
and fees established by the District. The conditions of wastewater
discharge permits shall be uniformly enforced by the District in
accordance with this Ordinance and applicable State and Federal
regulations.
Conditions that shall be in all permits, include the following:
1. Maximum mass emission rates;
2. Pretreatment requirements, if applicable;
3. Permit duration;
4. Inspection and sampling conditions;
S. Permit revocation conditions;
6. Procedure for accidental discharge;
7. Confidential information conditions;
8. Permit transfer prohibitions.
Conditions that may be in a permit, include the following:
1. Flow limitations;
2. Plant record requirements;
3. Monitoring facility requirements.
302.21 CLASS I PERMIT CONDITIONS THAT SHALL BE IN ALL PERMITS
1. Maximum mass emission rates
(a) Rate determination. Maximum mass emission rates for incompatible
and/or compatible pollutants that are present or anticipated in the
user's wastewater discharge shall be set for each user and made
an applicable part of each user's permit. These rates shall be
based on Section 208, Limitations on Wastewater Strength, and
15.
May 29 , 1975
the user's average daily wastewater discharge for the past'three
years. When discharge data for three years is not available,
data for a year, or that which is mutually acceptable to the
user and the District shall be used.
(b) Preliminary determination of, and fees for, non-compliance with
permit requirements. Non-compliance with permit requirements may
be determined by an analysis of a grab sample of the effluent of
a discharger for any constituent or condition specified in the
user's permit. If the effluent ofa user is found by the analysis
of the grab sample to be in excess of the concentrations or
conditions specified in Section 208, then a Sampling and
-Evaluation Program may be initiated by the District.
If the Sampling and Evaluation Program reveals non-compliance by
the discharger with the mass emission rates or conditions specified
in the user's permit, the user shall pay the fees as specified in
Tables II and III. The fees specified shall become retroactive
to the date the Sampling and Evaluation Program started. The
fees for non-compliance, based on the mass emission rate determined
in the Sampling and Evaluation Program, shall continue to accumu-
late on a daily basis until the discharger can show corrective
action has been taken or compliance achieved, but for a period
not to exceed ten normal working days. If the period of non-
compliance continues for more than ten consecutive normal working ,
days, the District may proceed with one of the following: _
(1) Amend the existing permit. This may be done only when the
discharger has shown good faith in trying to comply and
requires additional time for construction and/or acquiring
equipment. The permit may be amended for a period not to
exceed 180-days, provided however, this period may be extended
upon determination by the General Manager for good cause.
(2) Proceed with enforcement action as outlined in, Article 5.
The payment of non-compliance fees will not relieve the
• discharger of the penalties as specified in Article S.
16.
May 29 , 1975
TABLE II
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATES
Arsenic
Cadmium .
Chromium (Total)
Copper
Lead
Mercury
Nickel ,
Silver
Zinc
Cyanide (Total)
Cyanide (Free, amendable to chlorination)
Total Identifiable Chlorinated Hydrocarbons
Phenols
Dissolved Sulfides
Dollars per Pound per Day
In Excess of Limit
$100.00
100.00
100.60
30.00
40.00
100.00
40.00
100.00
20.00
40.00
100.00
100.00
50.00
50.00
TABLE III
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION LIMITS
Dollars p er Hundred Pounds
per Day in Excess of Limit
B.O.D. $ 15.00
Suspended Solids 15.00
Oil and Grease (Animal or Vegetable Origin) 200.00
Oil and Grease (Mineral or Petroleum Origin) 200.00
Total Dissolved Solids 20.00
Ammonia .20.00
• M
U. %r
2. Pretreatment Requirements '
Users shall make wastewater acceptable under the limitations
established in this Ordinance before discharging to any -public
sewer. Any facilities required to pretreat wastewater shall be
provided and maintained at the user's expense. Detailed plans
showing the pretreatment facilities and operating procedures may be
requested by District for review. The review of such plans and
operating procedures will not relieve the user from the responsibility
of modifying the facility as necessary to produce an effluent accep-
table to the District under the provisions of this Ordinance.
3. Permit Duration
Permits shall be issued for a period not to exceed three years. A
permit may be issued for a period less than three years, or may be
_ stated to expire on a specific date. The terms and conditions of
the permit may be subject to modification and change by the District
during the life of the permit as limitations or requirements as
identified in Article 2 are modified. Users shall be informed of any
proposed changes in their permit at least thirty (30) days prior to
the effective date of change. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
4. Inspection and Sampling Conditions
The District may inspect the wastewater generating and disposal
facilities of any user to ascertain whether the intent of'this-
Ordinance is being met and -the user is complying with the require- `
ments. Persons or occupants of premises where wastewater is created
or discharged shall allow the District or its representatives ready
access during the normal working day to all parts of the wastewater
disposal facilities for the purposes of inspection and sampling.
The District shall have the right to set up on the user's property
such devices as are necessary to conduct sampling or metering
operations. Where a user has security measures in force, the user
shall make necessary arrangements so that personnel from the District
will be permitted to enter without delay for the purpose of performing
their specific responsibilities,
18.
May 29 , 1975 °
S. Permit Revocation Conditions'
(a) Procedure. When the General Manager has reason to believe that
any one of the conditions enumerated in Subsection (b) below exists,
he shall give written notice thereof to the permittee. Said
notice shall set forth the time and place where the charges shall
be heard by the General Manager. The hearing date shall not be
less than (15) days from the mailing of such -notice by certified
• mail to the permittee at the address shown on the permit. At
the hearing, the permittee shall have an opportunity to refute
the allegations set forth in the proposed permit revocation.
notice.
If after the hearing, the General Manager finds that any one of
the conditions hereinafter enumerated in Subsection (b) exists,.
he shall have the right to revoke the permit.
•(b) Any one of the following is reason for permit revocation.
(1) Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
(2) 'Failure of the user to report significant changes in
operations or wastewater constituents and characteristics.
(3) Refusal of reasonable access -to the user's premises for
the purpose of inspection or monitoring.
(4) Violation of permit requirements and/or this Ordinance.
(5) Failure to pay fees and charges for use established
pursuant to this Ordinance.
6. Procedure for Accidental Discharge
In the.event the discharger is unable to comply with any of the
permit conditions due to a breakdown of waste treatment equipment,
accidents caused by human error or acts of God, the discharger
shall notify the District by telephone as soon as he or his agents
have knowledge of the incident. Confirmation of this notification
shall be made in writing within two weeks of the telephone
19.
May 29. 1975
e0ft\
.302.22
notification. The written notification shall include pertinent
information explaining reasons for the non-compliance and shall
indicate what steps were taken to correct the problem and the date
of the incident, as well as what steps are being taken to prevent
the problem from recurring.
Each user shall provide protection from accidental discharge of
prohibited materials or other wastes regulated by this Ordinance.
Such protection will be designed to secure the discharges to prevent
them from entering into the system in accordance with reasonable
engineering standards. Such facilities will be provided and maintained
at the user's -expense.
If it can be shown that the accidental discharge is the cause of the
District violating their discharge requirements or incurring extra-
ordinary operational expenses or suffering loss or damage to the
facilities, then that discharger may -be responsible for any costs
or expenses, including assessments by other agencies or the court,
incurred by District.
7. Confidential Information
All information and data on a user shall be available to the public
and governmental agencies without restriction unless the user
specifically -requests and is able to demonstrate to the satisfaction
of the District that the release of such information would divulge
information, processes, or methods which would be detrimental to the
user's competitive position.
8. Permit Transfer Prohibitions
Wastewater discharge permits are issued to a specific user for a
specific operation at a specific location and create no vested rights.
A Class I wastewater discharge permit shall not be transferred for an '
operation at a different location nor for a new or changed operation
without prior approval of the General Manager.
CLASS I PERMIT CONDITIONS THAT MAY BE IN A PERMIT
1. Limits -on rate and time of discharge or requirements for flow
regulations and equalization.
20.
May 291 $1975
29 Requirements for maintaining plant records relating to wastewater dis-
charge as specified by District, and affording District access thereto.
3. Requirements for the user to construct and maintain, at his own
expense, monitoring facilities. (See Sect. 507 for delinquent payments)
302.3 CLASS I PERMIT FEE
The Class I permit fee shall be adopted by resolution of the Board of
Directors. The permit fee shall be payable within forty-five (45) days
of invoicing by the District.
302.4 CLASS I CHARGE FOR USE
The purpose of a charge for use is to insure that each recipient of
services within the District's service area, including those outside the
• District's boundaries, will pay its reasonably proportionate share of all
costs of providing sewerage service by the District. Charges for use are used
for recovering the cost of conveying, treating and disposing of sewage in -District
facilities and are exclusive.of any fees levied by local sewering agencies.
A discharger who is issued a Class I wastewater discharge permit under
the provisions of this Ordinance shall pay an annual charge for use. The
District may require -the user to pay estimates of the annual charge for
use. The charge for use is payable within 45 days of invoicing by the
District. The annual charge for use shall consider the volume of waste-
water, B.O.D. (Biochemical Oxygen Demand) and suspended solids discharged
by the user. A credit will be allowed for that portion of the total
charge that is paid by the discharger through ad valorem tax.
• The charge for use shall be computed by the following formula:
Charge for use = V0V + B 0 B + S 0 S
Where V.= total annual volume of flow, in millions of gallons
B = total annual discharge of Biochemical Oxygen Demand,
in thousands of pounds
S = total annual discharge of suspended solids, in
thousands of pounds
V0jB0 S0 = unit charge rates adopted.annually by Resolution of
the District Board of Directors, based upon the funding
requirements'of providing sewerage service, in dollars
per unit as described below.
21.
May 29, 1975
The unit charge rate parameters for flow, Biochemical Oxygen Demand and
suspended solids, respectively designated "Vo" (in dollars per million
gallons), "Bo" (in dollars per 1000 pounds of B.O.D.), and "SO" (in
dollars per 1000 pounds of suspended solids), shall be determined by
totaling the funding requirements for providing sewerage service by the
District for the fiscal year and distributing said requirement among the
three parameters in accordance with the General Manager's determination
as to the costs associated with each parameter and pursuant to applicable
requirements of State and Federal regulatory agencies.
Other measurements of the organic content of the wastewater of a discharger
such as C.O.D. or T.O.C., may be used instead of B.O.D. However, the
discharger must establish for the District a relationship between the B.O.D.
of his wastewater and the other measured parameter. This relationship shall
be used by the District in determining the charge for use.
302.5 CLASS I MONITORING CONDITIONS
1. Monitoring for Annual Charge for Use
The wastewater characteristics of the Class I discharger needed for
determining the annual charge for use shall be submitted by the dis-
charger to the District. The frequency of analyses and reporting
shall be set forth in the permit. The analyses of these character-
istics shall be by a laboratory approved by the District. Analyses
performed by District personnel may be used in the determination of
the annual charge for use.
2. Monitoring for Compliance with Permit Requirements _
The wastewater constituents and characteristics having maximum mass
emission rate requirements as specified in the user's permit may be
monitored by the discharger. Monitoring reports on these constituents
and characteristics may be requested by the District. The frequency
of determination and reporting shall be set forth in the permit. The
analyses of the constituents and characteristics shall -be by a
laboratory approved by the District. The preparation of the monitor-
ing report, if by other than the discharger, shall be by a firm
approved by the District.
229
May 29., 1975 '
303. CLASS II PERMIT
A Class II permit shall be required for users who discharge more than
their proportionate share of wastewater, suspended solids, and/or
Biochemical Oxygen Demand, but -less than 50,000 gallons of wastewater per
day. The user's proportionate share will be based on the user's ad
valorem taxes paid for District's services.
(Dischargers of domestic waste, by virtue of occupancy of a dwelling unit,,
may not be required to obtain a permit. However,.said users shall be
subject to payment of their reasonably proportionate share of all District's -
funding requirements).
303.1 CLASS II USE FEE AND CHARGE FOR USE
Class II users shall be classified by assigning each one to a use category
according to the user's principal wastewater producing activity and the
user's Standard Industrial Classification (S.I.C.) for that activity.
1. Use Fee
For each user category, a fee shall be developed based on the typical
suspended•solids and B.O.D. in the wastewater of that category and
the District's funding requirements for conveying, treating and disposing
of these wastewater constituents. This fee shall be in the form of cost
per million gallons of wastewater discharged, and shall be updated
annually. The fee shall be adopted by Resolution of the District's
Board of Directors.
2. Charge for Use
The Class II charge for use shall be determined by multiplying the
user fee for the user's category by the volume of wastewater dis-
charged. The volume of wastewater discharged may be determined from
the volume of water purchased, taking into account losses. The charge
for use is due and payable annually within 45 days of invoicing by the
District. A credit will -be allowed for that portion of the total charge
that is paid by the discharger through ad valorem taxes.
23.
May 29, 1975
Charges for use are used to recover the costs of conveying, treating
and disposing of sewage in District facilities and are exclusive of
any fees levied by local sewering agencies. .
303.2 CLASS II PERMIT APPLICATION
Users required to obtain a wastewater discharge permit shall file an `
application on the forms prescribed by the District.
303.3 INSPECTION AND SAMPLING
The District may inspect the wastewater generating and disposal facili-
ties of any user to ascertain whether the intent of this Ordinance is
being met and the user is complying with all requirements. Persons or
occupants of premises where wastewater is created or discharged shall
allow the District or its representatives ready access during the normal
working day to all parts of the wastewater generating and disposal facil-
ities for the purposes of inspection and sampling. The District shall
have the right to set up on the user's property such devices as are
necessary to conduct sampling or metering operations.
Where a user has security measures in force, the user shall make
necessary arrangements so that personnel from the District will be
permitted to*enter without delay for the purpose of performing their
specific responsibilities.
3.03.4 PRETREATMENT
Users shall make wastewater acceptable under the limitations established
herein before discharging to any public sewer. Any facilities required to
pretreat wastewater shall be provided and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
may be requested by the District for review. The review of such plans and
operating procedures will not relieve the user from the responsibility of
modifying the facility as necessary to produce an effluent acceptable to
the District under the provisions of this Ordinance.
s
24.
May 29, 1975
303.5 PERMIT TRANSFER PROHIBITIONS
Wastewater discharge permits are issued to a specific user for a specific
operation at a specific location. A Class II wastewater discharge permit
shall not be transferred for an operation at a different location nor for
a new or changed operation without prior approval of the General Manager,
303.6 REVOCATION OF A PERMIT
1. Procedure. When the General Manager has reason to believe that any
one of th6 conditions enumerated in Subsection 2 below exists, he
shall give written notice thereof to the permittee. Said notice
shall set forth the time and place where the charges shall be heard
by the General Manager. The hearing date shall not be less than
fifteen (15) days from the mailing of such notice by certified mail
to the permittee at the address shown on the permit. At the hearing
the permittee shall have an opportunity to refute.the allegations set
forth in the proposed permit revocation notice.
If after the hearing the General Manager finds that any one of the.
conditions hereinafter enumerated in Subsection 2 exists, he shall
have the right to revoke the permit.
2.- Any of the following is reason for permit revocation:
(a) Failure of a user to factually report, the wastewater constitu-
ents, and characteristics of his discharge.
(b) Failure of the user to report significant changes in operations
or wastewater constituents and characteristics.
(c) Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
(d) Violation of permit requirements and Ordinance conditions.
(e) Failure to pay fees and charges for use established pursuant
to this Ordinance.
25.
• May 29, 1975'
303.7 DURATION OF PERMITS
Permits shall be issued for a,period not to exceed three years. A permit
may be issued for a period less than three years.or may be stated to
expire on a specific date. The terms and conditions of the permit may be
subject to modification and change by the District during the life of the
• permit as limitations or requirements as identified in Article 2 are
modified. The user shall be informed of any proposed changes in his
permit at least 30 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable time
schedule for compliance.
303.8 RECLASSIFICATION
A Class II user may be reclassified to a Class I user by the Districi or
at the request of the user.
304. TEMPORARY PERMIT
A permit shall be required of all users granted temporary permission by
the District to discharge unpolluted water, storm drainage, and ground `
water-directly.or indirectly to the District's sewerage facilities. (See
Sections 202 and 203). This temporary permit is normally granted when no
alternate method of disposal is reasonably available.
304.1 TEMPORARY PERMIT APPLICATION
Users seeking a temporary wastewater discharge permit shall complete and
file with the District, prior to commencing discharge, an application in
the form prescribed by the General Manager, This application shall be
accompanied by the applicable fees.
26.
May 29, 1975
304.2 CHARGES FOR USE AND FEES
A non-refundable fee of $250 and a deposit to be determined by the
District sufficient to pay the estimated charges for use shall accompany
the temporary permit application, and said deposit shall be applied to
the charges for use. A charge for use to cover all costs of the District
for providing sewerage service and monitoring shall be adopted by annual
• Resolution of the District.
304.3 MONITORING FACILITIES
The District may require the user to construct and maintain at his own
expense, monitoring facilities.
304.4 INSPECTION AND SAMPLING
The District may inspect the facilities of any user to ascertain whether
the intent of this Ordinance and all requirements are being met. Persons
or occupants of premises where wastewater is created or discharged shall
allow the District or its representatives access during normal working
days to all wastewater generating and disposal facilities for the
purposes of inspection and sampling. The District shall have the right
to set up on the user's property such devices as are necessary to conduct
sampling or metering operations. Where a.user has security measures in
force, the user shall make necessary arrangements so that personnel from
the District will be permitted to enter without delay for the purpose of
performing their specific responsibilities.
304.5 DURATION OF PERMIT
A temporary permit shall be issued for a*definite period and shall
expire on a specific date. This period may be extended, however, upon
determination by the General Manager for good cause.
304.6 CONDITIONS OF PERMIT
The District shall specify and make part of each temporary permit
specific conditions and pretreatment requirements.
27.
May 29, 1975
ARTICLE 4
CONNECTION PERMITS
401. INTRODUCTION
Connection permits may be required of dwelling units, buildings, and
developments connecting directly or indirectly -to District's sewerage
facilities. Included are the connections -of laterals to local municipal
sewerage facilities and the connection of local municipal sewerage
facilities and laterals to District's facilities.
No permit shall be valid unless the real property to be served by use of
the permit is included within the boundaries of the District and within
the boundaries of a local sewering agency authorized to maintain public
.sewerage facilities. However, a permit may be issued for property to be -
served outside the boundaries of a local sewering agency if a local
sewering agency makes application for the issuance of such permit.
402. EXCESS CAPACITY CHARGE FOR USE GREATER THAN REASONABLE USE
1. Terms
(a) Excess Capacity. The hydraulic use of a District facility for
peak flow rate greater than reasonable use.
(b) Peak Flow Rate. The annually determined highest flow rate of
wastewater discharged to a public sewer over a period of at
least 15 minutes at any time during the preceding 12-month
period. In the absence of actual peak flow rate data, peak
flow rate may be considered at 1.6 times the average discharge
for the normal working day for the preceding 12-month period.
(c) Reasonable Use. The rate of discharge of wastewater to which
a user connected to a public sewer shall be entitled to discharge
to said sewer without payment of excess capacity connection
charges by virtue of the assessed valuation of said property and
other criteria. For the purpose of computing excess capacity
connection charges, reasonable use is hereby established at
P*P
May 29, 1975
25,000 gallons per day peak flow rate per $100,000 of assessed
valuation. In the event a person producing wastewater maintains
more than one operation in the District, peak flow rate, annual
flow and assessed valuation shall be combined for all such
operations for the purpose of determining reasonable use and
computing excess capacity connection charges.
2. Excess Capacity Connection Charges for Use Greater than Reasonable Use
Prior to commencement of use and upon invoicing by the District, an
excess capacity connection charge shall be payable by a user when,
during the 12-month period after commencement of use, the peak flow
rate may be reasonably expected to exceed 25,000 gallons per day
unless such peak flow rate is a reasonable use as defined in
Paragraph l(c) of this Section. No excess capacity connection
charge shall be made for connections in use on January 1, 1971 (as -
provided for by Ordinance No. 302 , adopted by the Board of Directors
on April 8, 1970).unless there is, or has been since January 1, 19713
an increase in peak flow rate of wastewater which exceeds, by more
than 5,000 gallons per day, the highest peak flow rate previously
determined for user.
Subject to the provisions above, excess capacity connection charges
payable shall be computed at the rate of $350 per 1,000 gallons of
peak flow rate. In the case of connections in use on the Ist day
of January, 1971, excess capacity connection charges shall be payable
on the lesser of the following amounts:
(a) The amount by which the current peak flow rate exceeds that
determined for each preceding 12-month period commencing
January 1, 1971 (Effective date of Ordinance No. 302 ).
(b) The amount the latest determined peak flow rate exceeds the
reasonable peak flow rate determined at the time of the increase.
30.
May. 29, 1975
3. Deferral of Excess Capacity Connection Charges
Upon application by any person to the Board of Directors, which
application demonstrates a financial hardship, the Board of
Directors may allow the payment of excess capacity connection
charges to be made over a period of not more than two years with
conditions to be determined by the Board of Directors.
4. Refund of Excess Capacity Connection Charges
It is the policy of the Board of Directors to encourage water
.conservation and reuse. In furtherance of this policy, application
may be made to the Board of Directors by any user who has paid.
excess capacity connection charges to the District of more than
$5,000, which application certified that the peak flow rate has
permanently been decreased by 25 percent or more and which
application is not disputed by the General Manager, the Board of
Directors may authorize a refund to the applicant. The refund will
be computed to maintain the total remaining excess capacity con-
nection charge paid to an amount corresponding to the excess
capacity connection charge payable at the time of the decrease.
The amount of the refund shall be directly proportional to the
decrease in peak flow rate. In no event shall the refund be
greater than the amount collected from the applicant for excess
capacity connection charges.
403. DISTRICT NO. 3 CONNECTION CHARGES
1. District Connection Charges
Before any connection permit shall be issued, the applicant shall
pay to the District or its agent the charges specified herein.
(a) Connection charge for new construction,. family dwelling buildings.
For each new family dwelling building constructed, the connection
charge shall be $250 per dwelling unit.
(b) Connection charge for existing family dwelling buildings.
For the connection of each existing family dwelling building,
the connection charge shall be $250 per dwelling unit.
31.
May 29, 1975
(c) Connection charge for new construction and existing structures,
other than family dwelling buildings.
For all other new construction, including but not limited to
commercial and industrial buildings, hotels and motels and
public buildings, the connection charge shall be $50 per 1000
square feet of floor area contained within such construction,
provided that the minimum connection charge for such new
construction shall be $250. a
(d) Connection charge for replacement buildings.
For new construction replacing former buildings, the connection
charge shall be calculated on the same basis as provided in
Paragraphs (a) and (c) above. If such replacement -construction
is commenced within two years after demolition or destruction
of the former building, a credit against such charge shall be.
allowed and shall be the equivalent connection charge for.the
building being demolished or destroyed, calculated on the basis
of current charges for new construction. In no case shall such
credit exceed the connection charge.
(e) Connection charges for additions to or alterations of existing
buildings.
In the case of structures where further new construction or
alteration is made to increase the occupancy of family dwelling
buildings or the area of buildings to be used for other than
family dwelling buildings, the connection charge -shall be $250
for each dwelling unit added or created and in the case of new
construction other than family dwelling buildings, it shall be
s
$50 per 1000 square feet of additional floor area contained
within such new construction.
(f) When charge is to -be paid.
'Payment of connection charges shall be required at the time of
issuance of the building permit for all construction within the
District, excepting in the case of a building legally exempt
from•the requirement of obtaining*a building permit. The
32.
May 29, 1975
payment of the sewer connection charge for such buildings will
be required at the time of and prior to the issuing of a
plumbing connection permit for any construction within the
territorial limits of the District.
(g) Schedule of charges.
A schedule of charges specified herein will be on file in the
office of the Secretary of the District and in the Building
Department of each City within the District.
(h) Biennial Review of Charges.
At the end of two years from the effective date of this
Ordinance, and every two years thereafter, the Board of
Directors shall review the charges established by this article
and if in its judgment such charges require modification, an
amendment to this Ordinance -will be adopted establishing such
modification.
33 ..
May 29, 1975
ARTICLE 5
ENFORCEMENT
501. ENFORCEMENT PROVISIONS
The District can require compliance with permit conditions or
limitations by issuing administrative orders that are enforceable in a
court of law or by directly seeking court action.
502. ADMINISTRATIVE ORDERS
1. Cease and Desist Orders
When the District finds that'a discharge of wastewater has taken
place in violation of prohibitions or limitations of this
Ordinance or the provisions of a wastewater discharge permit, the
General Manager may issue a cease and desist order and direct that
those persons not complying with such prohibitions, limitations,
requirements or provisions:
(a) Comply immediately; or
(b) Comply in accordance with a time schedule.set forth by the
District.
2. Public Nuisance
Discharges of wastewater in any manner in violation of this
Ordinance or of any order issued by the General Manager as
authorized by this Ordinance are hereby declared -a public nuisance
and shall be corrected or abated as directed by the General
} Manager. Any person creating a public nuisance is guilty of a
misdemeanor. .
3. Termination of Service.
The District may revoke any wastewater discharge permit, or terminate
sewerage service to any premise if the permittee is in violation of
any provision of this Ordinance. All costs for terminating service
shall -be paid by the permittee; all costs for reinstituting service
shall be paid by the permittee.
35.
503. ' CIVIL ACTION
1. Injunction
Whenever a discharge of wastewater is in violation of the
provisions of this Ordinance, the District may petition the
Superior Court for the issuance of a preliminary or permanent
injunction or both, as may be appropriate in restraining the
continuance of such discharge.
2. Civil Penalties.
Any person who violates any provision of this Ordinance or
permit condition or -who violates any cease and desist order,
prohibition, or effluent limitation, shall be liable civilly
for a penalty not to exceed $6,000 for each day in which such
violation occurs. The legal counsel of the District, upon
order of the District'_s Board of Directors, shall petition the
Superior Court to impose, assess and recover such penalties.
3. Criminal Penalties
Any person who violates any provision of this Ordinance or permit
condition or who violates any cease -and desist order, prohibition
or effluent limitation, is guilty of a misdemeanor, which, upon
conviction, is punishable by a fine not to exceed one hundred
dollars ($100), or imprisonment for not more than thirty (30)
days in the County Jail, or both.
504. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
When a discharge of wastes causes an obstruction, damage, or any
other impairment to District's operation or facilities, the District may assess a charge against the discharger for the work required to
clean or repair the facility or costs incurred to resume normal
operations. A service fee of 2S percent of District's costs shall
be added to these charges and shall be payable within 45 days of
invoicing by the District.
36.
May 29, 1975
505. FALSIFYING INFODIATION
Any person who knowingly makes any false statements, representation,
record, report, plan or other document filed with the District or.
who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Ordinance, shall
violate this Ordinance.
506. APPEALS
Any user, permit applicant, or permit holder -affected by any decision,
action, or determination, including cease and desist orders, made by
the General Manager, interpreting or implementing the provisions of
this Ordinance -or in any permit issued herein, may file with the
General Manager a written request for reconsideration within ten (10)
days of such decision, action, or determination, setting forth in
detail the facts•supporting the user's request for reconsideration.
The General Manager shall render a decision on the request for
reconsideration to the user, permit applicant or permit holder in
writing within 15 days of receipt of request. If the ruling on the
request for reconsideration made by the General Manager is unsatis-
factory, the person requesting reconsideration may, within 10 days
after notification of the General Manager's action, file a written
appeal with the Secretary of the Board.
A fee of $10.0 shall accompany any appeal to the Board of Directors
of'the District for a ruling of the District. This fee may be refunded
if the appeal is sustained in favor of the appellant.
The written appeal shall be heard by the District within 45 days -from the
date of filing. The District's Board of Directors shall make a final
ruling on the appeal within 60 days from.the date of filing.
507. PAYMENT OF CHARGES AND DELINQUENCIES
Except as otherwise provided, all charges and penalties made pursuant
to the provisions of this Ordinance are due an payable upon receipt of
notice thereof. All such charges shall become delinquent 45 days after
mailing notice thereof to the mailing address of the discharger subject
to such charges.
37.
May 29, 1975
Any charge that becomes delinquent shall have added to it a penalty
charge equal to ten percent of the charge that became delinquent and
thereafter an additional penalty shall accrue on the total charge
due, including the ten percent basic penalty at the rate of one-half ,
of one percent per month until paid.
508. COLLECTION
Upon motion by the Board of Directors of the District, any charge and
all penalties thereon shall be collected by lawsuit in the name of the
District. Any such action for collection may include an application
for an injunction to prevent repeated and recurring violations of this
Ordinance.
509. WAIVER OF ORDINANCE PROVISIONS
In the event of any declared local, state or federal emergency, the
provisions of this Ordinance may be waived by resolution of the Board
of Directors.
510. LOCAL AGENCY EXEMPTION FROM CHARGES
No excess capacity connection charges or use charges, as specified
herein, shall be payable for the discharge of sewage or industrial
waste from property in the District owned•or leased by elementary,
high school, and junior college school districts, special districts,
the County of Orange, and cities, provided however, that such
property is not used for proprietary purposes.
38.
'May 29, 1975
ARTICLE 6
SEVERABILITY
If any provision of these regulations or the application to any person or
circumstances i's•held invalid, the remainder of the regulations or the applica=
s tion of such provision to.other persons or other circumstances shall not be
affected.
39... ..
May 29, 1975 •
ARTICLE 7
REPEAL
Ordinances Nos. 302, 303 and 304 are hereby repealed on the effective date
hereof and all Ordinances or parts of Ordinances inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with
the provisions'of this Ordinance.'
s .
41..
May 29, 1975
ARTICLE 8
EFFECTIVE DATE
The effective date of this Ordinance shall -be July 1, 1975.
• i
43.
May 29, 1975
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RESIDENTIAL DISCHARGES
Avg. -Assessed
Valuation
Location
Dist.
Dollars
Single Family Residential
Fullerton
3
$102400
Garden
Grove
3
6,500
Huntington
Beach
3
5.9800
.La Habra
3
62700
Orange
7
92400-
Tustin
7
82000
Orange
7
6,600
High Density
Residential
Tustin
7
3,000
Tustin
7
2.9600
Estimated Taxes
Avg. Discharge
Paid Per Million
Gals/Day.
Gallons Discharged $/MG
216
604
345
236
380
191
293
285
205
533-
193
434
151
440
277
118
212
144
CAPITAL RECOVERY
Suspended
Less
Flow
Solids
BOD
Sub-
Taxes Paid
'Dist.
Company
(@87.50/MG) (@11.10/1000 lbs)
(@5.55/1000 lbs)
Total
for Capital
Total
1
A
$ 1,593
)�
$ 17
$ 8
$ 1,618
$
49
$
1,569
2
B
$19,548
$ 7,115
$ 3,557
$ 30,221
$
751
$
29,470
2
C
$ 1,383
`�R R "�
$ 7,206
$ 3,603
$ 12,192
$
399
$
11,793
1
D
Qy $10,124
b•
$127,583
$63,792
$137,707
$
382
$137,325
2
E
3�\ $25,139
//�
Cc'��
$ 1,197
$ 598
$ 26,934
$
15,915
$
11,019
1
F
$24,928
��i_
$ 28,150
$25,737
$ 78,815
$
2,112
$
76,703
2
G
$81,165
/W��"ie% C
$103,696
$51,848
$236,709
$
18,726
$217,983
3
H
$ 4,410
'�
$ 22,688
$11,344
$ 38,442
$
5,313
$
33,129
3
I
$50,986
��g" " '
$ 39,604
$19,802
$110,392
$
22,076
$
88,316
I
1
EXCESS CAPACITY CHARGES
. Using Peak Flow
Using Avg. Flog.
Using Peak Flo
Using Avg. Flog
E� and 1970 Ratesl,
i
and .1970 Rates
and 1974 Rates
and 1974 Rates
A $149.470
- $ 82995
$ 230485
$14.9303
F $8S,7S0
$S39.SS0
$1360447
$85 J48
C $109815
$ 19610
$ 172197
$ 20S60
1. $3S0/100b gallons of peak flow
2. $SS6.62/1000 gallons of peak flow
t
Using Peak Flow
Eon and 1970 Ratesl
A $.14, 470
B $85,750.
C $10,81S
1. $3S0/1000 gallons of peak flow
2. $556.62/1000 gallons of peak flow
EXCESS CAPACITY CHARGES
Using Peak Flo
and 1970 Rates
$ 8,995
$53,550
$ 1,610
Using Peak Flo Using Peak Flow
and 1974•Rates and 1974 Rates2%
$ 230485 . $14, 303
• .$136,347$850148
$ 179197 $ 22560