1991-03 Encina Pretreatment Reg
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Ordinance No. 91-03
AN ORDINANCE OF '!HE ENCINITAS SANITARY DISTRIcr ADOPTING PRETREATMENT
RmULATIONS AND PROCEDURES FOR INDUSTRIAL USERS OF THE ENCINA WATER
POLLUTION CONTROL FACILITY
WHEREAS, the Encinitas Sanitary District is a member of the Encina
Administrative Agency (EAA); and
WHEREAS, the EAA is authorized to adopt industrial pretreatment
regulations that canply with federal and state pretreatment
regulations and to inplement all aspects of such regulations,
including permitting, inspection, monitoring, reporting, and
enforcement activities; and
WHEREAS, under the EAA' s pretreatment regulations it is contenplated
that industrial pretreatment wastewater discharge permits shall be
jointly issued by the Encinitas Sanitary District jointly with EAA;
and
WHEREAS, the adoption of regulations by the Encinitas Sanitary
District which are consistent with and supplemental to those adopted
by EAA is necessary and desirable;
NOW, 'IHEREFORE, THE BOARD OF DIRECTORS OF THE ENCINITAS SANITARY
DISTRIcr DOES ORDAIN AS FOLLOWS:
SEcrION 1.
ADOPTION OF PRETREATMENT REGULATIONS
The Pretreatment Regulations attached hereto as Exhibit A, and
incorporated herein by reference, are hereby adopted.
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SECTION 2.
ENFORCEMENT OF MORE STRINGENT lOCAL LI
The Encina Administrative Agency is hereby au horized to enforce
the local limits as outlined on Exhibit B to the
ent these are more
stringent than the limits adopted by EAA.
SECTION 3.
PERMIT AND PROORAM FEES
Industrial Discharges not listed on the
ion List attached
hereto as Exhibit C, will be required to obtain an .
pretreatment wastewater discharge permit issued j oi
ustrial
Encinitas Sanitary District and the Encina Water P
Facility.
lution Control
its burden of the
program costs hereby establishes the following fee:
$125.00 per Class I Wastewater Discharge Pe
$125.00 per Class II Wastewater Discharge pe
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$100.00 per Class III Wastewater Discharge pe
$125.00 per Special Purpose Discharge Permit;
$2,500.00 per Groundwater Discharge Permit.
SECTION 4.
INCONSISTENCIES
In the event of any inconsistency between the Encinitas Sanitary
District regulations, and those adopted by the EAA, the most
restrictive shall apply.
SEcrION 5.
NUI SANCE
In addition to any other remedy provided by I w, any violation
of this ordinance shall constitute a misdemeanor.
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'!his ordinance shall take effect and be in force thirty (30) days after the
date of its passage, and before the ~iration of fifteen (15) days after its
passage it shall be published once, with the names of the members voting for
.ani against the same, in the Coast Dispatch, a newspaper of general
circulation published in the County of San Diego.
PASSED AND ADOPTED by the Board of Directors of the
Encinitas Sanitary District on this
by the following vote, to wit:
24th day of September, 1991
AYES:
Davis, Hano, Omsted, Slater, Wiegand
NOES:
None
ABSTAIN:
None
Maura Wiegand, P sident
Encinitas Sanitary District
ATTESTATION, AND CERTIFICATION:
THIS ORDINA~CE WAS ,.' ~U. BLISHED PURSUANT
~;) 11/0
By ¡~. i"jp.-./V--- V (J^-
E. Jane./Pool, Clerk of the Board
TO LAW
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è,~~EXHrBrT A
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Pretreatment Ordinance
for
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Encina Administrative Agency
6200 A venida Encinas
Carlsbad, California 92009
(619) 438-3941
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May 1990
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ENCINA
WATER
POllUTION
CONTROL
FACILITIES
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TABLE OF CONTENTS
Ref:
SECTION
INTRODUCTION AND SOKHARY . . . . . . . .
SECTION 1 GENERAL PROVISIONS. . . . . . .
1.1 PURPOSE AND POLICY. . . . . . . . . . . . . . . .
1. 2 DEFINITIONS ...................
1.3 ABBREVIATIONS. . . . . . . . . . . . . . . . . . .
1. 4 AUTHORITY. . . . . . . . . . . . . . . . . . . . .
1.5 DELEGATION.OFAUTHORITY. . . . . . . . . . . . . .
1. 6 ~IGNATORY REOUIREMENTS .. . . . . . . . . . . . .
1.7 PERMIT TRANSFER PROHIBITIONS. . . . . . . . . . .
1.8 PERMIT - CHANGE OF OWNERSHIP. . . . . . . . . . .
1.9 CONFIDENTIAL INFORMATION. . . . . . . . . . . . .
SECTION 2 . . . . . . . . . . . .
REGULATIONS. . . . . . . . . . .
2 . 1 PROHIBITED DISCHARGES. . . . . . . . . . . . . .
2.2 PROHIBITION ON DILUTION. . . . . . . . . . . . . .
2.3 J,IMITATIONS ON SURFACE RUNOFF AND GROpNDWATER . . .
2.4 LIMITATIONS ON UNPOLLUTED WATER. . . . . . . . .
2.5 LIMITATIONS ON RADIOACTIVE WASTES. . . . . . . . .
2 . 6 LIMITATIONS ON THE USE OF GRINDERS. . . . . . . .
2. 7 LIMITATIONS ON POINT OF DISCHARGE. . . . . . . .
~ : : t~:~~~~~~:: ON ~~STEH~~~~W~~~~HARG;~RENGTH . . AND.
CHARACTERISTICS. . . . . . . . . . . . . . . . . .
2.10 FE1;>ERAL CATEGORICAL PRETREATMENT STANíDARDS . . . .
2.11 STATE REOUIREMENTS . . . ... . . . . . . . . . . .
2.12 MEMBER AGENCY REOUIREMENTS .. . . . . . . . . . .
2.13 MASS EMISSION RATE DETERMINATION. . . . . . . . .
2.14 PROHIBITION ON INFECTIOUS WASTE. . . . . . . . . .
2.15 LÏMITATIONS ON DISPOSAL OF SPENT INDUS~RIAL
SOLUTIONS AND SLUDGES. . . . . . . . . . . . . . .
2.16 AGENCY'S RIGHT OF REVISION. . . . . . . . . . . .
SECTION 3
DISCHARGE PERMITS, CHARGES, AND FEES. . . .
3 . 1 INTRODUCTION. . . . . . . . . . .. . . . . . . . .
3.2 CLASS I WAST~ATER DISCHARGE PERMITS. . . . . . . .
3.3 CLASS I WASTEWATER DISCHARGE PERMIT ~PPLICATION
3.4 CLASS I PERMIT CONDITIONS. AND LIMITATIONS. . . .
3.5 CLASS I TERMS AND CONDITIONS. . . ~ . . . . . . .
3. 6 CLASS I PERMIT DURATION AND RENEWAL. . . . . . .
3 . 7 CLASS I WATER RECORDS. .. . . . . . . . . . . . . .
3 .8 CLASS II WASTEWATER DISCHARGE PERMITL. . . . . . .
3.9 çLASS II WASTEWATER DISCHARGE PERMIT APPLICATION
3.10 CLASS II PERMIT CONDITIONS AND LIMIT4TIONS . . . .
3.11 çLASS II TERMS AND CONDITIONS. . . . . . . . . . .
3.12 CLASS II PERMIT DURATION AND RENEWAL. . . . . . .
3.13 CLASS II WATER RECORDS. . . . . . . . . . . . . .
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SECTION 4
FACILITIES REQUIREMENTS
4 .1 rRETREATMENT FACILITIES. . . . . .
4.2 ~PILL CONTAINMENT FACILITIES. . .
4.3 ¡ÕNITORING/METERING FACILITIES. .
4 . 4 pRAWING SUBMITTAL REOUIREMENTS . .
4 .5 ~ASTE MINIMIZATION REOUIREMENTS
SECTION 5
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MONITORING,REPORTING,NOTIFICATION,& INSPECTION REQUIREMENTS.
. 5.1 MON TOR G 0 C MPLIANCE WITH PERM I CONDITIONS 0
~PORTING REQUIREMENTS. . . . . . . . . . . . . .
5.2 iÑSPECTION AND SAMPLING CONDITIONS
5. 3 RIGH'l' OF ENTRY. . . . . . . . . . . . . .
5.4 F CAT ON OF SPIL OR SLUG LOAD. . . . . . .
5.5 ~OTIFICATION OF BYPASS. . . . . . . . . . . . . .
SECTION 6
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6.9 ¡NDUSTRIAL WASTE PASS THROUGH. . . . . . . . . . .
6.10 J3ATCH DUMPS. . . . . . . . . . . . . . . . . . . .
6.11 pUBLISHED NOTICES. . . . . . . . . . . . . . . . .
6.12 TERMINATION OF SERVICE. . . . . . . . . . . . ...
6.13 EMERGENCY SUSPENSION. . . . . . . . . . . . . . .
6.14 INJUNCTION. . . . . . . . . . . . . . . . . . . .
6. 15 CIVIL PENALTIES. . . . . . . . . . . . . . . . . .
6.16 APPEALS TO GENERAL MANAGER. . . . . . . . . . . .
::~~ ~::~~O~OC~~~G~~A~~DO~E~~RE~T~R~ : : : : : : : : :
6 . 19 PAYMENT OF CHARGES. . . . . . . . . . . . . . . .
:.~~ ~~~~O~F ëOSTS ÏNëuRRÊD.BŸ ÅGÊNëy. : : : .: : : :
6: 22 FÏNÃÑëÏÃL-SECURITY/Þ.MENDMENTS TO PERMIT. . . . . .
6.23 JUDICIAL REVIEW. . . . . . . . . . . . . . . . . .
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7 . 1 SEVERABILITY
SECTION 7
SEVERABILITY
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SECTION 8
(RESERVED} . . . . . . ... . . . . .
. SECTION 9 . . . . . . . . . . . . . .
9.1 EFFECTIVE DATE. . . . . . . . . . . . . . . . . .
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RESOLUTION NO.
A RESOLUTION or THE BOARD OF DIRECTORS OF THE ENCINA
ADMINISTRATIVE AGENCY ESTABLISHING PRETREATMENT
ORDINANCE AND PROCEDURES FOR INDUSTRIAL USERS
OF THE ENCINA WATER POLLUTION CONTROL FACILITY
Ref:
7284
WHE~AS, certain laws of the united states require publicly
owned wastewater treatment. works to establish ordinance governing
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discharge of wastewater by industrial users into any such treatment
works ¡ . and
WHEREAS, the Encina Water Pollution Control Facility is a
public owned treatment works subject to said laws of the United
states,
NOW THEREFORE, BB IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
ENCINA ADMINISTRATIVE AGENCY
THAT THB
FOLLOWING PRETREATMENT
ORDINANCE AND PROCEDURES BB, AND, ARE HEREBY ADOPTED:
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SECTION 1 GENERAL PROVISIONS
PURPOSE AND POLICY
This ordinance set forth uniform requirements for direct and
indirect contributors into the wastewater collection and treatment
system for the Encina Administrative Agency (hereinafter EAA) and
enable said Agency to comply with all applicable State and Federal
laws required by the Clean Water Act of 1977 and the General
Pretreatment Ordinances (40 CFR, Part 403), and subsequent
amendments.
The objectives of this ordinan~e are:
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(a)
To prevent the introduction of pollutants into the Encina
Joint Sewer wastewater system which will interfere with the
operation of the collection system ~r treatment processes or
contaminate the resulting sludge:
To prevent the introduction of pollutants into the Encina
Water Pollution Control Facility wastewater system which will
pass through said system, inadequately treated, into receiving
. waters or the atmosphere or otherwise be incompatible with the
system¡
To protect and preserve the well-being of personnel at the
Encina Water Pollution Control Facility.
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system¡ and.
(b)
(c)
(d)
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(e)
To provide for equitable distribution olf the cost of the
Encina Joint Sewer system pretreatment pr~gram.
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This ordinance provides for the regulation of ~irect and indirect \
contributors to the Encina Water Pollution! Control Facility
wastewater system through ~he issuance of permfts to certain non-
domestic users and through enforcement of gener~l requirements for
the other non-domestic users, authorize moni tor!ing and enforcement
activities, require user reporting, assume that ~xisting customer's
capacity will not be preempted, and provide for:the setting of fees
~for the equitable distribution of costs resulti~g from the program
established herein.
This ordinance shall apply to Encina Adminis~rative Agency, the
cities of Carlsbad and Vista, the Vallecitos ~ater District, the
Leucadia County Water District, the Buena Sanitation District and
the Encinitas sanitary District, and to persons ¡outside said Cities
and Districts who are, by contract or agreeme~t with said cities
and/or Districts, Users of the Encina Water! Pollution Control
Facility, which is a POTW. Except as otherwi$e provided herein,
the General Manager of the Encina Water Pollutiþn Control Facility
(hereinafter ~WPCF) shall administer, implemen~, direct and cause
enforcement of the provisions of this ordinanc~.
1.2
DEFINITIONS
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Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this resoluti~n, shall have the
meanings hereinafter designated:
(1)
Act or "the Act". The Federal Water Polfution Control Act,
also known as the Clean Water Act, as amended, 33 U.S.C. 1251,
et seq.
Agencv. The Encina Administrative Agency! (EAA) or the Board
of Directors of said agency. I
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(2)
(3)
Often Ian equally divided
(4)
A1iauot. Portion of a sample.
portion of a sample.
AÐoroval Authoritv. The state of Califorhia Water Resources
Control Board, except for certain EPA ove~sight functions.
(5) Authorized ReÐresentative of Industrial u~ An authorized
representative of an Industrial User may ~e: (1) A principal
executive officer of at least the level o~ vice-president, if
the Industrial User is a corporation¡ (2)1 A general partner
or proprietor if the Industrial User i$ a partnership or
proprietorship, respectively: (3) ~ duly authorized
representative of the individual design,ted above if such
representative is responsible for the over~ll operation of the
facilities from which the indirect discha~ge originates.
(6) Baseline Monitorina ReÐort (BMR). A req4ired report for all
Industrial Users subject to a catego~ical Pretreatment
Standard. A BMR provides information! that documents an
Industrial User's' compliance status with all applicable
Pretreatment Standards. If an Indus~rial User is not
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(7)
compliant, a compliance schedule will be submitted with the
BMR describing actions to achieve compliance.
Batch Process. A treatment process in which a tank or vessel
is filled, the wastewater (or solution) is treated to ~eet
discharge standards and is then released to the sanitary
system. A batch process is intermittent not continuous.
(8)
Best Available Technoloav (BAT). A level of technology that
is based on the very best (state of the art) control and
treatment measures that have been developed or are capable of
being developed for a particular industrial category.
Best pract~cable '1'echnoloqv (BPT). A level of technology
represented by the average of the best existing wastewater
treatment performance levels within an industrial category.
(9)
(10) Biochemical oxvaen Demand (BOD). The BOD test measures the
organic strength of wastewater. The BOD test measures the
amount of oxygen consumed by the microorganisms in the
wastewater as they stabilize decomposable organic matter
under aerobic conditions. The BOD test is a five (5) day
test where the wastewater is kept at twenty (20) degrees
centigrade and the results are expressed in milligrams per
1 iter (mg/l).
(11) ~ioðearaðable. Organic matter that can be broken down by
bacteria to'more stable forms which will not create a nuisance
or give off offensive odors.
(12) Blowðown. The removal of accumulated solids in boilers to
prevent plugging of boiler tubes and steam lines. In cooling
towers, blowdown is, used to reduce the amount of dissolved
solids in the recirculated cooling water.
(13) Buildina . Sewer. A sewer conveying wastewater from the
premises of a User to the public sewer.
(14) BYÐass. The intentional diversion of wastestreams from any
portion of an Industrial User's treatment facility.
(15) carcinoaenic. Any substance that causes or tends .to cause
cancer in an organism.
(16) cateaorical . standards. National wastewater discharge
pollutant limits developed by the EPA for any industry in any
designated category that discharges to a POTW. The pollutant
effluent limits are contained in the Code of Federal
Regulations.
(17) Chain of custoðv. A set of procedures that ensure the
integrity of a sample, which includes a record of each person
involved in the possession of a sample, securing the sample,
and final disposal of the sample.
(18) Chemical oxvaen Demand (COD). The COD test measures the
inorganic and organic strength of wastewater. The COD test
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measures the amount of oxygen consumed from a chemical oxidant
in milligrams per liter (mg/l).
(19) code of Federal Regulations (CPR). A .publication of the
united states Government which contains all of the proposed
and finalized federal regulations, including environmental
regulations.
(20) collection system. The combined pipes, conduits, manholes,
and other structures, usually underground, whose purpose' it
is to convey sanitary wastewater or storm water.
(21) COMÐatible pollutants. Those pollutants such as biochemical
oxygen demand (BOD), total suspended solids (TSS), and ammonia
that are normally removed by the POTW treatment processes.
(22) ComÐliance. The act of meeting specified conditions or
requirements.
(23) comÐosite S&mÐle. A collection of individual samples taken
on a time or flow interval basis, and combined to give an
average representative sample for the sample period. .
(24) control Authority.
The Encina Administrative Agency (EAA).
(25) Convent~onal pollutants. Those pollutants which are usually
found in domestic, commercial or industrial wastewaters such
as biochemical oxygen demand, suspended solids, pathogenic
organisms, adverse pH levels, and oil and grease.
(26) coolina water. The water discharqed from any use such as air
conditioning, coolinq or refrigeration, or to which the only
pollutant added is heat.
(27) corrosion. The gradual deterioration or destruction of a
substance or a material by chemical action, proceeding from
the surface inward. corrosive materials deteriorate the
collection system.
(28) Deleterious. Refers to something that can be or is hurtful,
harmful, or injurious to health or the environment.
(29) Direct Discbarae. The direct discharqe of treated or
untreated wastewaters directly to the waters of the state of
California. Direct discharqes. are regulated under the
N.P.D.E.S. program.
(30) Discharae Permit. Formal authorization by Encina
Administrative Agency (EAA) .and a member agency, stipulating
the conditions under which the wastewater effluent may be
released.
(31) DisÐosal. Release to the sanitary sewer system or to the
environment.
(32) Dissolved oxvaen (00). The amount of oxygen dissolved in
water or wastewater, usually expressed in milligrams per liter
(mg/l) .
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(33) Domestic wastewater. The liquid and solid waterb~rne wastes
derived from the ordinary living processes of humans of such
character as to permit satisfactory disposal, without special
pretreatment, into the public sewer or by means of a private
wastewater disposal system.
(34) Effluent. usually water or wastewater discharged partially
or completely treated or untreated from an Industrial User or
treatment plant, or part thereof.
(35) Enforcement. A series of progressivelY more stringent
procedures and actions used to ensure compliance with
legislation or associated rules, ordinance, or limitations.
(36) ~onmental Protection Aaencv (EPA). The federal agency
charged by law with carryinq out and obtaining compliance with
the Clean Water Act of 1977 and other federal environmental
laws and promulgating, interpreting and enforcing regulations
implementing such statutes.
-(37) Flammable Liauid. A liquid which by itself, or any component
of it present in greater than one percent concentration, has
a flashpoint below 100 degrees Fahrenheit (38 degrees
centigrade).
(38) FlasbÐOint. The minimum temperature of a liquid at which the
liquid gives off vapor in sufficient concentration to ignite
when exposed to any source of ignition.
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(39) General Kanaaer. The person designated by the Encina
Administrative Agency (EAA) to supervise the operation of the
Encina Water Pollution control Facility (EWPCF), and who is
charged with certain duties and responsibilities as contained
by this article and includinq his duly appointed
representative.
(40) Grab Sample. A single sample collected at a particular time
and place which represents the wastestream at that time and
place only.
(41) Grease. "Grease" means fats, oils or greases or other ether-
soluble matter, and shall include each ot the followinq two
types:
a) Dispersed grease, which means grease which is not
floatable grease¡ and
Floatable grease, which means grease which floats on the
surface of quiescent sewaqe water or other liquid or
which floats upon dilution of the liquid with water.
(42) Hazardous Material Manaaement Plan. A document prepared by
an industry which contains copies of Material Safety Data
Sheets (MSDS) as well as additional information regarding the
storage, handling and disposal of all chemicals used on site
by the industry.
b)
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(43) Hazardous Waste. Any waste that is potentiailY damaging to
environmental health because of toxicity, ignitability,
corrosivity, chemical reactivity or other reasons.
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(44) HoldinCJ Tank Waste. Any waste from holding tanks such as
vessels, chemical toilets, campers, trailers, septic tanks,
and vacuum-pump tank trucks.
(45) Indirect DischarGe. The discharge or the introduction of non-
domestic pollutants from any regulated source to the EWPCF,
which may include certain holding tank wastes. These
discharges are subject to EPA pretreatment ordinance.
(46) Industrial User (IU). A source of Indirect Discharge to the
EWPCF, which is regulated by the EPA regulations as set forth
in 40 CFR 40J.3(h) and as identified in the standard
Industrial Classification Manual, 1987, Office of Management
and Budget, as amended and supplemented.
(47) Industr~al wastewater. All water-carried wastes and waste-
water of the community, excludinq domestic wastewater, and
including all wastewater from any commercial or industrial
production, manufacturinq, processing, agricultural, or other
operation. These may also include wastes of human origin
similar to domestic wastewaters.
(48) Infectious Waste.L Materials which are likely to trånsmit
etiologic agents which cause, or significantly contribute to
the cause .of, increased morbidity or mortality of human
beings, as more specifically set forth in Health and Safety
Code section 25117.5.
(49) ¡nf1uent.L Wastewater or other liquid, untreated or partiallY
treated, flowing into a treatment plant or treatment process.
(50) ¡nbibitorY Substances. Materials that kill or restrict the
ability of organisms to treat wastes.
(51) ¡nsDectorL A person authorized by the General Manager to
inspect any development discharqing or anticipating discharge
to wastewater conveyance, processing and disposal facilities.
(52) InterceDtor. A devise or t~ap to reduce the amount of grease,
sand or oil entering the sewer system.
(53) Interference. A discharge that alone or in conjunction with
a discharge or discharges from other sources, both:
a) Inhibits or disrupts the POTW, its treatment processes
or operations, or its sludge processes, including either
the use or disposal of sludge: and
Therefore is a cause of a violation of any requirement
of. the EWPCF's NPDES permit (includinq an increase in the
magnitude or duration of a violation) or of the preven-
tion of sewage sludqe use or disposal in compliance with
the following statutory "provisions and ordinance or
permits issued hereinunder (or more stringent state or
local regulations): section 405 of the Clean Water Act,
the Solid Waste Disposal Act (SWDA) (includinq Title II,
more commonly referred to as the Resource Conservation
and Recovery Act (RCRA), and including state regulations
contained in any state sludge management plan prepared
pursuant to subtitle D of the SWDA), the Clean Air Act,
b)
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the Toxic Substances control Act, and
protection, Research and Sanctuaries Act.
the
Marine
(54) Lower EXDlosive Lim~t (LEL). The point where the concen-
tration of a gas-in-air is sufficiently large to result in an
explosion if an ignition source (sufficient ignition energy)
is present.
(55) Mass Emission Rate. 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.
(56) Material Safetv Data Sheets (MSDS). A document normally
developed by a chemical manufacturer or formulator, which
provides pertinent information about a hazardous substance or
mixture. The MSDS is required to be available to employees
and inspectors when a hazardous substance is used or found in
the work place.
(57) Mutaaenic. Any substance which tends to cause mutations or
gene changes prior to conception.
(58) National cate orical pretreatment sta da d or P etreatmen
standard. Any regulation containinq pollutant discharge
limits promulgated by the EPA in accordance with section
307(b) and (c) of the Act (33 U.S.C. 1347) which applies to
a specific category of Industrial users.
(60) New Source. A new industry or source constructed after the
date of publication of proposed regulation in the Federal
Register as defined in 40 CFR 403.3(k) as revised October 17,
1988.
(61) Nonbiodearadeable. Substances that cannot readily be broken
down by bacteria to simpler forms.
(62) NoDcomDatib1e pollutants. Those pollutants that are not
removed by the POTW treatment system. These pollutants may
be toxic waste and may cause pass-through or interference with
the treatment system.
(63) NoDintearated Facility. Industrial sources that generate
wastewaters from different categorical pretreatment processes,
but do not combine the wastestreams prior to pretreatment or
discharge to the sanitary system.
(64) Nuisance. Anything which is injurious to health or is
indecent or offensive to the senses or an obstruction to the
free use of property so as to interfere with the comfort or
enjoyment of life or property or which affects at the same
time an entire community or neighborhood or any considerable
12
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number of persons, although the extent of the annoyance or
damage inflicted upon individuals may be unequal.
" (65) pass-ThrouGh, A discharge from an industrial source that
passes through the EWPCF to the waters of the state in
concentrations which, alone or. in conjunction with other
discharges, cause an NPDES permit violation.
(66) iemittee. A ~rson who has received a pe=it to discharge
wastewater pollutants into the EAA sewerage system subject to
the requirements and conditions established by EAA.
( 67) ~'f.OIl. An indi vi dual. pa rtnersh i p . copartnersh i p . f i r1I\.
company, corporation, association, joint stock company, trust,
estate, governmental entity or any other legal entity, or
their legal representatives, agents or assigns. The masculine
gender shall include the feminine, the singular shall include
the plural where indicated by the context.
( 68) I2L. Hathemat ica 11 y. pH is the 1 oga ri thm (ba se 10) 0 f the
reciprocal of the hydrogen ion activity. The pH range is from
0 to 14 where 0 is the most acidic and 14 most basic, and 7
is neutral. .
(69) J'o~~utant. AnY substance which causes an impairment
(reduction) of water quality to a degree that may have an
adverse effect on the beneficial use of the water.
AnY dredged spoil, solid waste, incinerator residue, sewage,
qarbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, and industrial, municipal,
and agricultural waste discharqed into water and onto the
ground, or deposited where subsurface waters may become
contaminated by leaching.
(70) Pollution,- The man-made or man-induced alteration of the
chemical, physical, biological, and radiological integrity of
water.
The impairment (reduction) of water quality by agricultural,
domestic, or ipdustrial wastes (including thermal and
radioactive wastes), to a degJ;:'ee that the natural water
quality is changed to hinder any beneficial use of the water
or render it offensive to the senses of sight, taste, or smell
or when sufficient amounts of the wastes create or pose a
potential threat to human health or the environment.
(71) ~etreatment or Treatment. The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration
of the nature of pollutant. properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants to a POTW. The reduction or
alteration can be obtained by physical, chemical or biological
processes, or process changes by other means except as
prohibited by 40 CFR, section 403.6(d)
.
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(72) ,retreatment Facility. Industrial wastewater treatment plant
consisting of one or more treatment devices designed to remove
sufficient pollutants from wastewaters to allow an industrial
source to comply with EPA, state or local effluent limitations
for legal discharge to a POTW.
(73) pretreatment Reauirements. Any substantive or procedural
requirement related to pretreatment, other than a National
pretreatment standard imposed on a categorical industrial
user.
(74) fOTW Treatment Plant. That portion of the EWPCF designed to
provide treatment of the wastewater.
(75) froces8 Wastewater. Any ~astewater contaminated by human
activities including but not limited to that originating from
manufacturing, agriculture, processing, rinsinq, washing or
producing.
(76) PubliclV owned Treatment works (POTW}. A treatment works as
defined by section 212 of the Act, (33 U.S.C. 1292) which is
owned in this instance by Encina Joint powers and its member
agencies. This definition includes any sewers thát convey
wastewater to the POTW treatment plant, but does not include
pipes, sewers, or other conveyances not connected to the
facility providing treatment. For the purposes of this
resolution, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside the cities of
Carlsbad and Vista, the Vallecitos Water District, the
Leucadia County Water District, the Buena sanitation District,
and the Encinitas Sanitary District, who are, by contract or
agreement with said cities and/or Districts, users of the
EWPCF.
(77) Reau1atory AClencies. Any or all agencies regulating EM,
including but not limited to the EPA, the state Water
Resources control Bqard, and the Regional Water Quality
control Boards.
(78) ResoU ce conservation and Recove "ct RCn . Federal Public
LaW (PL) 94-580, provides technical and financial assistance
for the development of plans and facilities for recovery of
energy and resources from discarded materials and for the safe
disposal of discarded materials and hazardous wastes. This
Act also regulates the generation, storage transportation and
disposal of federally defined hazardous wastes from "cradle
to grave-.
(79) Shall is mandatory: Hay is permissive.
(80) siGnificant Industrial User (SIU}. A significant Industrial
User includes:
a) All categorical users, and,
b) Any noncategorical user that
(1) Discharges 25,000 gallons per day or more of process
wastewaters (excluding sanitary, noncontact cooling
water, and boiler blowdown wastewaters), or
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(2)
contributes a process wastestre m which makes up
five (5) percent or more of the verage dry weather
hydraulic or organic (BOD, s) capacity of a
treatment plant, or
Has a reasonable potential, in he opinion of the
EAA, to adversely affect the EW CF.
(3)
Noncompliance
(81) siernificant Noncomoliance (SNC).
includes: .
a) Chronic violations where sixty six pe cent or more of the
measurements exceeded the same daily maximum limit in a
6 month period.
Acute violations where thirty three ~ercent or more of
the measurements exceed the same dai y maximum limit or
the same averaqe limit by more than. t e Technical Review
criteria (TRC) in a 6 month period. .
Failure to provide reports for com liance schedules,
self-monitoring data, or categorical standards (BMR, 90
day compliance reports, and periodic reports) within 30
days from the due date.
Any discharge that has caused immin nt endangerment to
human health/welfare or to the e vironment and has
resulted in the EAA' s exercise of its mergency authority
to halt or prevent such a discharge.
Any other violation(s) of an effluen limit (average or
daily maximum) that the EAA believe has caused, alone
or in combination with other disch rges, interference
(e.g. slug loads) or pass-through, or endangerment of
health of the wastewater treatmen personnel or the
public.
Viol~tions of compliance schedule mi estones, contained
in a local control mechanism or enf rcement order, for
starting construction, completinq construction, and
attaining final compliance by 90 day or more after the
schedule date. .
Any other violations or group of vio
considers to be significant.
(82) sianificant Violation. A violation which remains uncorrected
for 45 days after notification of noncompl' ance¡ which is part
of a pattern of noncompliance over a t elve month period¡
which involves a failure to accurately r port noncompliance,
or: which resulted in the EAA exerci ing its emergency
authority under section 403.8 (f) (1) (vi) ( ).
b)
c)
d)
e)
f)
q)
that the EAA
(83) Siuda.. Any solid, semi-solid or liqui decant, subnate or
supernate from a manufacturing process, utility service, or
pretreatment facility.
(84) Sluer Load. A discharge that exceeds any limitation and
exceeds the usual user flow and/or pollu ant loading.
(85) solvent. Any substance that is used
substance in it.
0 dissolve another
(86) Soill containment. An Agency approve protection system
installed by the permittee to prohibit he discharge to the
sewer of non-compatible pollutants.
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(87) state.
The state of California.
(88) standard Industrial Clas8if~cation (SIC). A classification
pursuant to the Standard Industrial Classification Manual
issued by the Executive Office of the President, Office of
Management and Budget, 1987, as amended and supplemented.
(89) standard Methods. Procedures described in the current edition
of sta da d t ods 0 Exam'nat' n of Wate a d
Wastewater, as published by the American Public Health
Association, the American Water Works Association and Water
Pollution Control Federation.
(90) storm Water. Any flow occurring durinq or followinq any form
of natural precipitation and resulting therefrom.
The California
responsibility
(91) state Water Resources control Board (SWRCB).
agency with overall pretreatment program
through delegation agreements with the EPA.
(92) Technical Review criteria (TRC). An EPA term that defines the
magnitude of a limits violation. The TRC is calculated by
multiplying the daily average maximum limit by the applicable
T!tC value (TRC=1.4 for BOD, TSS, fats, oils and grease, and
1.2 for all other pollutants except PH.)
(93) Teratoaenic. Any substance that tends to cause birth defects
after conception.
(94) Total oraan~c Carbon (TOC). The measure of total organic
carbon in domestic or other wastewater as determined by the
appropriate testinq procedure.
(95) Total susÐended Solids (TSB) . Any insoluble material
contained as a component of wastewater and capable of
separation from the liquid portion of said waste by the
appropriate testing procedures and expressed in terms of
milligrams per liter.
(96) Total Toxic Oraanics (TTO). The sum of the masses of
concentrations of specific toxic organic compounds in the
industrial users process discharge at a concentration greater
than 0.01 1IIg/1.
(97) Toxic oraanic Manaaement Plan (TOMP). A strategy for keeping
track of all solvents delivered to a site, their storage, use
and disposal. The plan will address the prevention of
discharge. of toxic organics to any wastewater collection
system or the environment. The plan will address the control
of spills and leaks and also ensure against the deliberate
dumping of solvents.
(98) Toxic pollutant. Any pollutant or combination of pollutants
listed as toxic in ordinance promulgated by the Administrator
of the EPA under the provisions of CWA section 307 (a) or other
Acts.
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Those pollutants or combinations of pollutants, including
disease-causing agents, which after discharge and upon
exposure, ingestion, inhalAtion or assimilation into any
organism, either directly from the environment or indirectly
by ingestion through food chains, will, on the basis of
information available to the Administration of EPA, cause
death, disease, behavioral abnormalities, cancer, genetic
mutations, physiological malfunctions (including malfunctions
in reproduction) or physical deformations, in such organisms
or their offspring. .
(99) UserL Any person who contributes, causes or allows the
contribution of wastewater to the EWPCF.
(100) VolatileL Natural (plant or animal origin) or synthetic
substances that are capable of being evaporated or changed to
a vapor at relatively low temperatures.
(101)
Waste. Sewage and any and all other waste substances, liquid,
solid, gaseous or radioactive, associated with human
habitation or of human or animal nature, including such wastes
placed within containers of whatever nature prior to and for
the purpose of disposal.
Waste Manifest. The receipt which is retained by the
generator of hazardous wastes as required by the State and/or
the United States Government pursuant to RCRA, or the
California Hazardous Materials Act, or that receipt which is
retained by the generator for recyclable wastes or liquid non-
hazardous wastes as required by the Agency.
",,( 102)
(103) wastehauler. Any person carrying on or engaging in vehicular
transport of waste as part of, òr incidental to, any business
for the purpose of discharging said waste into the Agency's
system.
(104) Wastewater. Waste and water, whether treated or untreated,
discharged into or permitted to enter a public sewer.
Waters of the state. All streams, lakes, ponds, marshes,
watercourses, waterways, wells, sprinqs, reservoirs, aquifers,
irrigation systems, drainage systems, and all other bodies or
accumulations of water, surface or underground, natural or
artificial, public or private, which are contained within,
flow through, or border upon the state or any portion thereof.
Words used in this Ordinance in the singular may include the plural
and the plural the singular. Use of masculine shall also mean
feminine and the use of feminine shall also mean masculine.
(105)
1..3
ABBREVIATIONS
Best Available Technology.
Baseline Monitoring Report.
Biochemical Oxygen Demand.
Best Practicable Technology.
Code of Federal Regulations.
Chemical oxygen Demand.
BAT
BMR
BOD
BPT
CFR
COD
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DO
EAA
ECSA
EPA
EWPCF
gpd
gpm
IU
1
LEL
mg
mg/l
MSDS
NPDES
POTW
PSES
PSNS
RCRA
SIC
SIU
SNC
SWDA
SWRCB
TOC
TRC
TOMP
TSS
TTO
USC
Dissolved Oxygen.
Encina Administrative Agency.
Enforcement Compliance Schedule Agr ement.
Environmental Protection Agency.
Encina Water Pollution Control Faci ity.
Gallons per day.
Gallons per minute.
Industrial User.
Liter.
Lower Explosive Limit.
Milligrams.
Milligrams per liter.
Material Safety Data Sheets.
National pollutant Discharge Elimin tion System.
Publicly Owned Treatment Works.
Pretreatment standards for Existin Sources.
pretreatment standards for New Sou ces.
Resource Conservation and Recovery Act.
Standard Industrial Classification.
significant Industrial User.
Significant Non-Compliance.
Solid Waste Disposal Act, 42 U.S.C. 6901 et. seq.
State Water Resources Control Boar.
Total organic Carbon.
Technical Review criteria.
Toxic organic Management Plan.
Total suspended Solids.
Total Toxic Organics.
united States Code.
1.4
AUTHORITY
The Agency is regulated by several agencies 0 the United states
Government and the.State of California, pursuan to the provisions
of Federal and state Law. Federal and State Laws grant to the
Agency the authority to regulate and/or prohib t, by the adoption
of an ordinance, and by issuance of disc arge permits, the
discharge of any waste, directly or indirec ly, to the Agency
sewerage facilities. Said authority inclu es the right to
establish limits, conditions, and prohibitions to establish flow
rates or prohibit flows discharged to th Agency sewerage
facilities; to require the development of compliance schedules for
the installation of equipment systems and mate ials by all users¡
and to take all actions necessary to enforce it authority, whether
within or outside the Agencies boundaries, in luding those users
that are tributary to the Agency or within areas for which the
Agency has contracted to provide sewerage serv'ces.
The Agency has the authority pursuant to Ca ifornia Health and
Safety Codes 5471 and 5474 to prescribe, revi e, and collect all
fees and charges for services and facilitie furnished by the
Agency either within or without its territorial limits.
1.5
DELEGATION OF AUTHORITY
Whenever any power is granted to or a duty is im osed upon the General
Manager, the power may be exercised or the duty may be performed by a
person authorized by the General Manager.
18
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A.
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EXHIBIT A
REGULATIONS
1.1
PROHIBITED DISCHARGES
No person shall discharge a quantity or qual ty of wastewater
directly or indirectly to sewerage facili ies owned by or
tributary to the Agency's sewerage system wh'ch causes, or is
capable of causing, either alone or by inter ction with other
substances:
1.
A fire or explosion;
Obstruction to the flow in the sewer sy tem resulting in
interference or damage to the sewerage facilities;
2.
3.
Danger to life or safety of any person
Impairment of the effective maintenanc
the sewerage system;
gas-producing
or operation of
4.
5.
The release
substances;
of
toxic
or
malodoro s
6.
Interference with the wastewater treat ent process¡
7.
The Agency's effluent or any other product of the
treatment process, residues, sludges or scums, to be
unsuitable for reclamation, reuse or d sposal; .
8.
Discoloration, pass through, or any othe condition which
affects the quality of the Agency's treatment works
effluent in such a manner that receiv'ng water quality
requirements established by Requlatory Agencies cannot
be met;
B.
Conditions which violate any statut or any rule,
regulation, or ordinance of any p blic agency or
Regulatory Agency havinq jurisdiction 0 er the discharge
of wastewater through the sanitary sew r system.
No person shall discharge wastewater 0 any substance
delivered by vehicular transport, rail c r, or dedicated
pipeline directly or . indirectly to the A ency' s sewerage
facilities that is defined as a hazardo s waste by the
Regulatory Agencies.
9.
c.
No person shall transport waste from one loc tion or facility
to another for the purpose of treating 0 discharging it
directly or indirectly to a publicly own d sewer without
written permission from the Agency.
No user shall increase the contribution of low, pollutants,
or change the nature of pollutants where suc contribution or
change does not meet applicable standards an requirements or
where such contribution would cause the Agen y to violate its
NPDES permit.
D.
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1.3
A.
B.
c.
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A.
PROHIBITION ON DILUTION
No user shall increase the use of water or in any other
manner attempt to dilute a discharge as a pa tial or complete
substitute for treatment to achieve comp iance with this
ordinance and the user's permit or to est blish an artifi-
cially high flow rate for permit mass emiss on rates.
1.2
ROUNDWAT
Groundwater, surface runoff, or subsurface drainage shall not
be discharged directly or indirectly to the gency's sewerage
facilities except as provided herein. Pursuant to the
Agency.s Groundwater Discharge Policy, the A ency may approve
the discharge of such water. only when no al ernate method of
disposal is reasonably available and t e discharge is
necessary to mitigate an environmental risk r health hazard.
All other Groundwater Policy discharqe cri eria must be met
prior to any groundwater discharge to the gency's sewerage
system.
The discharge of such waters shall requi e a Groundwater
Discharge Permit from the .Agency.
If a permit is granted for the discharge 0 such water into
a public sewer, the user shall pay the a plicable charges
established and shall meet such other condi ions as required
by the Agency.
LIMITATIONS ON UNPOLLUTED WATER
A.
8001& ,
water, shall not
gency.s sewerage
suant to section
ischarge of such
osal or reuse is
s necessary to
ard.
special Purpose
If a permit is granted for the discharge 0 such water into
a public sewer, the user shall pay any a plicable charges
established and shall meet such other condi ions as required
by the Agency.
LIMITATIONS ON RADIOACTIVE WASTES
No person shall discharge, or cause to be dischar ed, any radioac-
tive waste into a public sewer except:
1.4
B.
. Unpolluted water, such as single pass coolin
be discharged directly or indirectly to the
facilities except as provided herein. Pu
3.26, et seq., the Agency may approve the
water only when no alternate method of dis
reasonably available and the discharge
mitigate an enyironmental risk?r health ha
The discharge of such waters shall require
Discharge Permit from the Agency.
.
c.
~5
When the person is authorized to. use radioac ive materials by
the State Department of Health or other go ernmental agency
empowered to regulate the use of radioactiv materials;
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B.
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C.
D.
1.6
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When the waste is discharged in strict confo ity with current
California Radiation Control Regulations (C lifornia Code of
Regulations, Title 17) for safe disposal;
When the person is in compliance with all ules and regula-
tions of all other applicable regulatory ag ncies; and,
When a Class II permit has been obtained
LIMITATIONS ON THE USE OF GRINDERS
Waste from industrial or commercial grinders s all not be dis-
charged into a public sewer, except wastes genera ed in packing or
preparing food or food products. Such grinder must shred the
waste to a degree that all particles will be car ied freely under
normal flow conditions prevailing in the public ewer.
1.7
LIMITATIONS ON POINT OF DISCHARGE
No person, except local sewering agencies involv d in maintenance
functions of sanitary sewer facilities, shal discharge any
wastewater directly into a manhole or other op ning in a sewer
other than through an approved building sewer, u less approved by
the Agency upon written application by the user a d payment of any
applicable fees and charges established herein.
1.8
LIMITATIONS ON WASTEHAULER DISCHARGES
A wastehauler/user proposing to discharge septi tank, cesspool
wastes or other biodegradable or compatible m terial into the
Agency's facility must have both a valid San Di go County Health
Department Permit and an EAA Wastewater Disc arge Permit as
required by section 3.20. Such wastewaters sh 11 be discharged
only at a location specified by the Agency.
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No wastehauler/user shall discharge constituents in excess of those
specified in the respective permit based on the I mits in Table I.
No wastehauler shall discharge to the Agency any material defined
as hazardous waste by RCRA or 40 CFR 261.
A.
B.
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1.9
STICS
No person shall discharge wastewater in excess of the
permitted mass emission rates or limi ts s determined in
accordance with section 2.10 and/or Table I.
No person shall discharge wastewater:
1.
Having a temperature higher than 140 de rees Fahrenheit,
(60 degrees Centigrade), or which cause the temperature
at the treatment plant to exceed 104 d grees Fahrenheit
(40 de9rees Centigrade)..
Having a pH less than 5.5 or greater t
2.
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10
3.
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.
4.
containing in excess of 0.01 mg/L 0 polychlorinated
biphenyls as a daily maximum to include, but not limited
to the following: Arodlors 1016,1221,1228,1232,1242,
1248, 1254, 1260, and 1262~
containing in excess of 0.01 mg/L of pesticides as a
daily maximum, to include, but not limited to the
following: DCT (dichlorodiphenyltrichloroethane, both
isomers), DDE (dichlorodiphenylethylen ), DDD (dichloro-
diphenyldichloroethane), Aldrin, Benz ne Hexachloride
(alpha [a], beta [,8], and gamma is.o ers), Chlordane,
Endrin, Endrin aldehyde, 2,3,7,8 -tetr chlorodibenzo-p-
dioxin (TCDD), toxaphene, a-endosul f n, ,8-endosul fan,
Endosulfan sulfate, eptachlor,. Heptac lor epoxide, and
Dieldrin.
5.
Having waters or wastes which contain more than two
hundred mg/l of freon extractable org nic fat, oil or
grease, unless a discharge permit is btained, subject
to Agency review.
Having waters or wastes havinq a Bi chemical Oxygen
Demand (BOD) greater than three hundred mg/l (considered
a typical BOD strength for residential users), unless a
discharge permit is obtained, subject 0 Agency review.
6.
7.
Having a maximum BOD greater than 10,00 lbs per day; or
exceeding a 30 day average of 7,000 lb /day.
8.
Having waters or wastes containinq more than three
hundred mg/l of Total Suspended Solids TSS) (considered
a typical TSS for residential users), u less a discharge
permit is obtained, subject to Agency eview.
Having a maximum TSS greater than 10,00 lbs per day¡ or
exceeding a 30 day average of 7,000 lb /day.
9.
Having waters or wastes containing Total Dissolved Solids
(TDg) greater than 1,500 mg/l, unless a discharge permit
is obtained, subject to Aqency review.
11. Having waters or wastes containing inorganic oils,
including but not limited to motor 0 °ls, transmission
oils, hydraulic fluids, gear oil, and achining oils.
10.
12.
Any wastewater that causes a hazard
creates a public nuisance.
0 human life or
13.
Containing excessive flow or other mate ials, including,
but not limited to, ammonia,. chemica oxygen demand,
total organic carbon, priority po1lutan s (as established
by EPA), suspended solids, oil and gr ase of animal or
vegetable origin, total dissolved sol'ds, and phenolic
compounds released in a discharge at a flow rate and/or
.concentration which wil:l cause proble s, pass "through,
or interference with the sewerage faci ities.
10.,
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14.
Producing a gaseous mixture that is 10% or greater of the
lower explosive limit (LEL). Proh'bited materials
include, but are not limited to, gas line, kerosenes,
naphtha, benzene, toluene, xylene, eth rs, ketones, and
alcohols.
15.
containing material which will readil settle or cause
an obstruction to flow in the sew r resulting in
interference, such as, but not I imi te to, sand,. mud,
glass, metal filings, diatomaceous ear h, asphalt, dead
animals, wood, bones, hair, and fleshi gs.
In violation of any applicable Fed ral Categorical
pretreatment standards, state standar s or other local
requlations covering wastewater dispos 1.
When the General Manager determines that a User(s is contributing
to the POTW any Ctf the above enumerated substance in 'such amounts
as to interfere with the operation of the POTW, th General Manager
. shall: 1) Advise the User(s) of the impact of th contribution on
the POTW; and 2) Take such action as deemed nec ssary to correct
the "interference with the POTW.
16.
L10
FEDERAL CATEGORICAL PRETREATMENT STANDARDS
Upon the promulgation of the Federal categorical Pretreatment
Standards for a particular industrial subcateg ry, the Federal
Standard, if more stringent than limitations i posed under this
resolution for sources in that subcategory, shall immediately
supersede the limitations imposed under this ordinance. The
General Manager shall notify all affected Users f the applicable
reporting requirements under 40 CFR, section 403 12.
1.11
STATE REOUIREMENTS
state requirements and limitations on discharges hall apply in any
case where they are more strinqent than Federal requirements and
limitations or those in this ordinance.
1.12 MEMBER AGENCY REOUIREMENTS
Technically derived or otherwise defensible me er agency limits
that are more stringent than Federal or State requirements and
limitations or those in this ordinance shall app y.
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1.13
A.
B.
c.
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TABLE 1
LOCAL DISCHARGE LIMITS. mg/l
CONSTITUENT
M
Arsenic
Cadmium
Chromium (Total)
copper
Lead
Mercury
Nickel
silver
zinc
Cyanide (Total)
Phenolic Compounds
Polychlorinated Biphenyls
Pesticides
Total Toxic organics
oil and qrease
organic
inorganic
pH
Temperature
TDS
1.00
0.50
2.30
1.20
1.50
0.10
1.25
0.70
3.50
1.00
5.0
0.01
0.01
1.00
200
100
5.5-9.5
140.F
1500
a: subject to more stringent standards as est a lished by
Federal Categorical Pretreatment Standards.
MASS EMISSION RATE D~ERMINATION
Mass emission rates for non-compatible a d/or compatible
pollutants that are present or anticipate in the user IS
wastewater discharge may be set for each ser and made an
applicable part of each user's permit. The e rates shall be
based on Table I, Local Discharge Limits, or ederal categori~
cal Pretreatment Standards, and the user's average daily
wastewater discharge for the past three year, the most recent
representative data, or other data acceptab e to the Agepcy.
All mass emission rates must receive final approval by the
General Manaqer.
To verify the user's operating data, the A ency may require
a user to submit an inventory of all wastewat r streams and/or
records indicating production rates.
The Aqency may revise limits or mass emission rates previously
established in the discharger's.permit at an time, based on:
current or anticipated operating data of the ischarger or the
Agency¡ the Agency's ability to meet NPDES 1 mits'; or changes
in the requirements of Regulatory Agencies.
. aooll ,
D.
The excess use of water to establish an artif cial1y high flow
rate for mass emission rate determination is prohibited.
.
1.14
PROHIBITION ON INFECTIOUS WASTE
The Agency shall have the authority to require that any discharge
of an infectious waste to the sewer be rend ere non-infectious
prior to discharge if the infectious waste is eemed to pose a
threat to the public health and safety, or wil result in any
violation of applicable waste discharge requirements.
1.15
M
SWDGES
SO UTIONS AN
A.
Spent solutions, sludges, and materials of qu ntity or quality
in violation of, or prohibited by this 0 dinance, or any
permit issued under this ordinance must be isposed of in a
leqal manner at a leqally acceptable point of disposal as
defined by the Aqency or appropriate Requlat ry Agency. All
waste manifests shall be retained for a inimum of three
years, and made available to the Agency upon request.
B.
No person shall batch dump, except as allowe
by permit.
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L16 AGENCY'S RIGHT OF REVISION
The Aqency reserves the right to establish by resolution more
stringent limitations or requirements on dis hargers to the
wastewater disposal system if deemed necessary to comply with the
objectives presented in Section 1.1 of this ordin nce.
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3.1
A.
B.
SECTION 3
DISCHARGE PERMITS, CHARGES, AND FEES
INTRODUCTION
To provide the maximum public benefit from the use of Agency
facilities, written authorization to use s id facilities is
required. . This written authorization shall be in the form of
a discharge permit. No vested right s all be given by
issuance of permits provided for in this 0 dinance.
The discharge permit shall be in one of six forms and is
dependent upon the type of discharger, vo ume, and charac-
teristics of discharge. The six discharge permits are:
1.
Class I Wastewater Discharge Permit.
Class II Wastewater Discharge Permit.
2.
3.
Class III Wastewater Discharge Permit
Wastewater Discharge Permit.
""
4.
5.
Special Purpose Discharge Permit.
Groundwater Discharge Permit.
6.
C.
Permit fees and any other associated fees m y be collected by
member agencies in an amount adopted y member agency
resolution. .
3.2
CLASS I WASTEWATER DISCHARGE PERMITS
A.
For purposes of this ordinance, a Class I user is any user
subject to Federal Categorized pretreatmen Standards.
Class I wastewater discharge permits s all be expressly
subject to all provisions of this ordina ce and all other
regulations, charges for use, and fees established by the
Agency.
B.
C.
All Class I users proposing to discharge i to a public sewer
shall obtain a wastewater discharge pe it by filing an
application pursuant to section 3.3 before discharginq.
3.3
CLAS
PERMIT APP
A.
Users seeking a Class I wastewater disc arqe permit shall
complete and file with the Agency, pr or to commencing
discharge, an application on the form rescribed by the
Agency. The user shall be required to su mit, in units and
terms appropriate for evaluation, the foIl wing information:
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
B.
c.
D.
Name, address, assessor's parcel number(s), S.I.C.
number(s), description of the manufacturing process or
service activity;
(Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; sections
of Incorporation¡ most recent Report of the Secretary of
state¡ Business License¡
volume of wastewater to be discharged;
Name of any responsible individual who can be served with
notices other than officers of corporation;
landlord and/or
Name and address of property owner,
manager ,of the property;
Water supplier and water account numbers¡
Wastewater constituents and characteristics as deemed
necessary by the Agency, including, but not limited to,
those mentioned in section 2.12, Mass Emission Rate
Determination. Table I.Discharae Limits, of this
ordinance. These constituents and characteristics shall
be determined by a laboratory of the discharger approved
by the Agency (a new industrial source may use acceptable
estimates in lieu of laboratory analysis)¡
Time and duration of discharge;
average hours
of work per
Number of employees and
employee per day¡
Waste minimization and water conservation practices;
Production records, if applicable¡
Waste manifests, if applicable¡
13.
Landscaped area in square feet, if applicable¡
Tons of cooling tower capacity, if applicable;
14.
15.
EPA Hazardous Waste Generator Number, if applicable.
Users may also be required to submit site plans, floor plans,
mechanical and plumbing plans, and details to show all sewers,
spill containment, clarifiers and appurtenances by size,
location and elevation for evaluation.
Other information may be required to properly evaluate the
permit application.
After evaluation of the data, the Agency may issue a was-
tewater discharge permit, subject to terms and conditions set
forth in this ordinance and as otherwise determined by the
General Manager to be necessary to protect the Agency's
system.
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3.4
CL1\SS I PERMIT CONDITIONS. AND LIMITATIONS:
A Class I permit may contain any of the follo~ing conditions or
limitations:
A.
B.
c.
D.
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Mass emission rates regulating non-compatllble pollutants ¡
I
Limits on rate of discharqe and time peripd restrictions of
discharge or requirements for flow: regulation and
equalization¡
Requirements to notify the Agency in wr.iiting prior to the
physical expansion of any wet processes¡
,
Requirements for the user to construct an~ maintain, at his
own expense, pH control, flow monitoritig and/or sampling
facilities;
E.
Requirements for submission of technical teports, production
data, discharge reports, and/or waste man~fests¡
Requirements to self-monitor:
F.
G.
Requirements for maintaininq a minimum ofithree years, plant
records relating to wastewater discharge ,nd waste manifests
as specified by Agency: I
Actual or estimated rates or values for vastewater strength
characteristics: i
H.
1.
Requirements to submit copies of water bi1ls;
I
J.
Other provisions which may be applicable tic ensure compliance
with this ordinance¡
K.
other terms and conditions determined by ~he General Manager
to be necessary to protect the Agency's s¥stem.
3.5
CL1\SS I TERMS AND CONDITIONS
The terms and conditions of an issued permit may be subject
to modification and change in the sole dbtermination by the
Agency during the life of the permit bas~d on:
A.
1.
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The discharger's current or anticip~ted operating data.
I
The Agency's current or anticipated ioperating data.
Changes in the requirements of Regul.tory Agencies which
affect the Agency. :
2.
3.
B.
New source indirect discharqers shall be ¡required to install
and start up any necessary pollution control equipment before
beginni~g discharge, and comply with :applicable Federal
Categorlcal Pretreatment Standards not t~ exceed thirty (30)
days after the commencement of discharge~
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C.
The permittee shall request a modificatio to the terms and
conditions of an issued permit prior 0 increasing the
contribution of flow, pollutants, or chan ing the nature of
po11utants where such contribution or cha ge will cause the
permittee to be in violation of their permit or this ordina-
nce. The request shall be in writing sta ing the requested
change, and the reasons for the change. The Agency shall
review the request, make a determination n the request, and
respond in writing. The permittee's requ st may be approved
or denied.
D.
Permittee shall be informed of any cha qe in the permit
limitations, conditions, or requirements t least forty-five
(45) days prior to the effective date of c ange. Any changes
or new conditions in the permit shall in lude a reasonable
time schedule for compliance.
3.6
çLASS I PERMIT DURATION AND RENEWAL
Class I permits shall normally be issued for a p riod not to exceed
one (1) year. At least two months prior to expiration of the
permit, the user shall apply. for renewal of the permit in
accordance with the provisions of this section 3.
3.7
CLASS I WATER RECORDS
To determine actual annual water use the Agenc normally requires
copies of actual water bills as a permit condit on. If these water
bill copies are not received by July 31 of each year for the
12-month period ended closest to June 30, the A ency will endeavor
to obtain the correct water use data. There ay be a fee levied
for Agency administrative costs when water us data are obtained
by the Agency.
3.8
CLASS II WASTEWATER DISCHARGE PERMITS
For purposes of this Ordinance, a Class II user includes:
A.
1.
B.
Any user discharging wastewater w ich may cause, as
determined by the General Manage, pass through or
interference with the Aqency's sys em and that is not
. otherwise required to obtain a Clas I permit.
Class II wastewater discharge permi ts shall be expressly
subject to all provisions of this ordi ance and all other
regulations, charges for use and fees established by the
Agency. .
2.
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C.
All Class II users proposing to discharge into a public sewer
shall obtain a wastewater discharge permit by filing an
application pursuant to section 3.9 before discharging.
CLASS II WASTEWATER DISCHARGE PERMIT APPLICATION
3.9
Users seeking a Class II wastewater discharge permit shall
complete and file with the Agency, prior to . commencing
discharge, an application on the form prescribed by the
Agency. The user shall be required to submit, in units and
terms appropriate for evaluation, the following information:
A.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Name, address, assessor's parcel number (s) and S. I. C.
number(s): description of the manufacturing process or
service activity.
(Whichever is applicable) Name, address of any and all
principals/owners/maj or shareholders of company: Sections
of Incorporation: most recent Report of the Secretary of
State¡ Business License:
Volume of wastewater to be discharged¡
Name of any responsible individual who can be served with
notices other than officers of corporation:
Name and address of property owner,
manager of the property:
landlord and/or
Water supplier and water account numbers¡
Wastewater constituents and characteristics as deemed
necessary by the Agency, including, but not I imi ted to,
those mentioned in section 2.12, Mass Emission Rate
Determination. Table Ie Discharae Limits of these
Ordinance. These constituents and characteristics shall
be determined by a laboratory of the discharger approved
by the Agency (a new industrial source may use acceptable
estimates in lieu of laboratory analysis):
Time and duration of discharge:
Number of employees
employee per day:
and
average hours of work per
10.
Waste minimization and water conservation practices.
Production records, if applicable¡
11.
12.
Waste manifests, if applicable:
Landscaped area in square feet, if applicab1e¡
13.
14.
Tons of cooling tower capacity, if applicab1e¡
15.
EPA Hazardous Wast~ Generator Number, if applicable.
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B.
C.
D.
Users may also be required to submit site lans, floor plans,
mechanical and plumbing plans, and details 0 show all sewers,
spill containment, clarifiers, pretreat ent systems, and
appurtenances by size, location and elevati n for evaluation.
other information may be required to pro erly evaluate the
permit application.
After evaluation of the data furnished, t e Agency may issue
a wastewater discharge permit, subj ect to t rms and conditions
set forth in this ordinance and as othe ise determined by
the General Manager to be necessary to pr tect the Agency's
system. .
3.10
The issuance of a Class II permit may contain
conditions or limitations.
A.
B.
Limits on rate of discharge and time per'od restrictions of
discharge or requirements for flow ordinances and
equalization:
Requirements to notify the Agency in wr ting prior to the
physical expansion of any wet processes:
c.
Requirements for the user to construct a d maintain, at his
own expense, pH control, flow monitori q and/or sampling
facilities:
D.
Requirements for submission of technical r ports or discharge
reports and waste manifests:
Requirements to self-monitor¡
E.
F.
Requirements for maintaining plant re ords relating to
wastewater discharge and waste manifes s as specified by
Agency:
G.
predetermined rates
characteristics:
Manager
or
values
for
strength
H.
Requirement to submit copies
other provisions which may be applicable
with this ordinance:
compliance
I.
J.
other terms and conditions determined by
to be necessary to protect the Agency's s
3.11
CLASS II TERMS AND CONDITIONS
A.
The terms and conditions of an issued pe it may be subject
to modification and change in the sole d termination by the
Agency during the life of the permit bas don:
1.
The discharger's current or anticip ted operating data.
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2.
The Agency's current or anticipated operating data.
Changes in the requirements of Regulatory Agencies.
3.
B.
The permittee shall request a modification to the terms and
conditions of an issued permit prior to increasing the
contribution of flow, pollutants/, or changing the nature of
pollutants where such contribution or change will cause the
permittee to be in violation of their permit or this
ordinance. The request shall be in writing stating the
requested change, and the reasons for the change. The Agency
shall review the request, make a determination on the request,
and r~spond in writing. The permittee's approval may be
approved or denied.
Permittee sharF be informed of any chanqe in the permit
limitations, conditions, or requirements at least forty-five
(45) days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable
time schedule for compliance.
C.
3.12
CLASS II PERMIT DURATION AND RENEWAL
Class II permits shall be issued for a period not to exceed two
(2) years. At least two months prior to expiration of the permit
the user shall apply for renewal of the permit in accordance with
the provisions of this section 3.
3.13
CLASS II WATER RECORDS
To determine actual annual water use the Agency normally requires
copies of actual water bills as a permit condition. If these water
bill copies are not received by July 31 of each year for the
12-month period ended closest to June 30, the Agency will endeavor
to obtain the correct water use data. There may be a fee levied
for Agency administrative costs when water use data are obtained
by the Agency.
3.14
CLASS III WASTEWATER DISCHARGE PERMITS
A.
For purposes of this Ordinance, a Class III user is any user:
1.
Discharging waste other than domestic waste only:
Having a reasonable potential to adversely affect the
EWCF¡ and
2.
3.
Not required to obtain a Class I or Class II permit.
B.
Class III wastewater discharge permits shall be expressly
subject to all provisions of this ordinance and all other
ordinances, charges for use and fees established by the
Agency.
All Class III users proposing to discharge into a public sewer
shall obtain a wastewater discharqe permit by filing an
application pursuant to section 3.15 before discharging.
C.
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3.15
A.
B.
c.
D.
3.16
CLAS
Users seeking a Class III wastewater dis harge permit shall
complete and file with the Agency, p ior to commencing
discharge, an application on the form prescribed by the
Agency. The user may be required to submit, in units and terms
appropriate for evaluation, the following information:
Name, address, assessor's parcel number(s), S.I.C.
number(s), description of the manuf cturing process or
service activity;
1.
(Whichever is applicable) name, add ess of any and all
principals/owners/major shareholders f company; Sections
of Incorporation; most recent Report f the Secretary of
State¡ Business License;
2.
3.
Volume of wastewater to be
4.
Name of any responsible individual wh can be served with
notices other than officers of corpo ation;
5.
Name and address of property owne ,
manager of the property;
Water supplier and water account nu
6.
7.
Time and duration of discharge;
Waste minimization and water conserv tion practices.
8.
9.
Tons of cooling tower capacity, if
10.
Number of employees and
employee per day; and
Landscaped area in square feet, if
average
11.
landlord and/or
ours of work per
Users may also be required to submit site lans, floor plans,
mechanical and plumbing plans and details 0 show all sewers,
spill containment, clarifiers, pretrea ent systems, and
appurtenances by size, location and elevat on for evaluation.
other information may be required to pr perly evaluate the
permit application.
After evaluation and acceptance of the. ata furnished, the
Agency may issue a discharge permit, su j ect to terms and
conditions set forth in this ordinance and as otherwise
determined by the General Manager to be n cessary to protect
the Agency's syst~m.
The issuance of a Class III permit may
conditions or limitations:
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A.
B.
c.
D.
E.
Limits on rate and time of discharge or re
ordinance and equalization:
Requirements for submission of
reports and waste manifests:
Requirements to self-monitor¡
irements for flow
Requirements to noti fy the Agency in wr i ing pr ior to the
physical expansion of any wet processes hich impacts the
public sewer system.
Requirements for the user to construct an
own expense, pH control, flow monitorin
facilities¡
maintain, at his
and/or sampling
orts or discharge
Requirements for maintaining a minimum of hree years, plant
records relating to wastewater discharge a d waste manifests
as specified by Agency¡
F.
G.
predetermined rates
characteristics:
values
for
or
H.
Requirement to submit copies of water bill:
I.
other provisions which may be applicable t
with this ordinance:
strength
ensure compliance
J.
other terms and conditions determined by t e General Manager
to be necessary to protect the Agency" s sy tem.
3.17
CLASS III TERMS AND CONDITIONS
The terms and conditions of an issued pe it may be subject
to modification and change in the sole de ermination by the
Agency during the life of the permit ,base on:
A.
1.
The discharger's current or.anticipa ed operating data.
2.
The Agency's current or anticipated
perating data.
3.
Changes in the requirements of Regula ory Agencies which
. affect the Agency.
Permittee may request a modification 0 the terms and
conditions of an issued permit. The r quest shall be in
writing stating the requested change, and he reasons for the
change. The Agency shall review the re est, make a deter-
mination on the request, and respond in w iting.
permi ttee shall be informed of any cha ges in the pernd t
limitations, conditions, or requirements t least forty-five
(45) days prior to the effective date of c ange. Any changes
or new conditions in the permit shall i clude a reasonable
time schedule for compliance.
B.
c.
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3.18
CLASS III PERMIT DURATION AND RENEWAL
Class III permits shall be issued for a period n t to exceed three
(3) years. At least two months prior to expirat'on of the permit,
the user shall apply for renewal of the permit n accordance with
the provisions of this Section 3.
3.19 WASTEHAULER DISCHARGE PERMIT
A.
B.
Wastehauler discharge permits shall be ex ressly subject to
all provisions of this ordinance and all ther regulations,
charges for use, and fees established by t e Agency.
A wastehauler discharger proposing to dis harge septic tank
waste to the Agency's sewage facilities (see section 2.8
1JJnitill..ons on wastehauler Discharaes) sh II obtain both a
wastehauler discharge permit and a valid C unty of San Diego
Health Department Permit, before dischargi g.
3.20 WASTEHAULER DISCHARGE PERMIT APPLICATION
A.
Users seeking a wastehauler discharge pe it shall complete
and file with the Agency prior to commen ing discharge, an
application in a form prescribed by the Agency. The user
shall be required to submit, in units and terms appropriate
for evaluation, the following information:
1.
Name, address, telephone number, and description of the
industries, or clients using thé use's services;
2.
(Whichever is applicable) Name, addr ss of any and all
principals/owners/major shareholders of the company¡
Articles o~ Incorporation¡ most recent Report of the
Secretary of State; Business License,
3.
Name and address of leaseholder
trailer, if applicable¡
Number of trucks and trailers and the
tank hauling capacity of each.
f the vehicle or
4.
icense numbers and
5.
County of San Diego Health Departmen
Permit Number.
erly evaluate the
B.
other information may be required to pr
permit application.
After evaluation of the data furnished, t e Agency may issue
a wastehauler discharge permit, subj ct to terms and
conditions set forth in this ordinance and as otherwise
determined by the General Manager to be n cessary to protect
the Agency's system.
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3.21 WASTEHAULER DISCHARGE PERMIT CONDITIONS ANq LIMITATIONS
The issuance of a wastehauler permit may contain any of the
following conditions or limitations:
A.
Limitations on discharge of heavy metals and other priority
pollutants.
B.
Requirements for maintaining
records and waste manifests.
submitting wastehauling
and
Additional requirements as otherwise determined necessary by
the General Manager to protect the District's system or as
specified by other Regulatory Agencies.
3.22 TRANSFERABILITY
c.
The wastehauler discharge permit is non-transferable.
The gate access card is issued to a specific permitted vehicle and
is non-transferable unless previously authorized in writing by the
Agency.
3.23 TERMS ~D CONDITIONS
A.
The terms and conditions of an issued permit may be subject
to modification and change in the sole discretion by the
Agency during the life of the permit based on:
1.
The discharger's current or anticipated operating data.
The Agency's current or anticipated operating data.
2.
3.
Changes in the requirements of Regulatory Agencies.
B.
Permittee may request a modification to the terms and
conditions of an issued permit. The request shall be in
writing stating the requested change, and the reasons for the
change. The Agency shall review the request, make a
determination on the request, and respond in writing.
Permittee shall be informed of any change in the permit
limitations, conditions, or requirements a,t least forty-five
(45) days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable
time schedule for compliance.
C.
3.24 PERMIT DURATION AND RENEWAL
Wastehauler discharge permits shall be issued for a period not to
exceed one (1) year. Upon expiration of the permit, the user shall
apply for renewal of the permit in accordance with the provisions
of this section 3.
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3.25 WASTEHAULER DISCHARG
T CHARGE FOR US
A charge for use to cover all costs of the Agenc for providing the
disposal station service and monitoring shall be established by
resolution of the Board of Directors.
3.26
A.
B.
3.27
A.
SPECIAL PURPOSE DISCHARGE PERMITS
Special purpose discharge permits shall be expressly subject
to all provisions of this ordinance arid al other ordinances,
charges for use, and fees established by t e Agency.
A special purpose user proposinq to dis harge septic tank
waste, surface runoff (including area drainage), subsurface
drainage, or unpolluted water directly or indirectly to the
Agency's sewerage facilities (see Section .3, ~tations on
Surface Runoff and Groundwater, and secti n 2.4, Limitations
on unoolluted Water) shall obtain a specia purpose discharge
permit before discharging. This discha ge permit may be
granted when no alternative method of dis osal is reasonably
available, and the discharge is necessa to mitigate an
environmental risk or health hazard.
B.
User seeking a special purpose wastew ter permit shall
complete and file with the Agency, p ior to commencing
discharge, an application in the form prescribed by the
Agency. This application shall be a companied by any
applicable fees, plumbing plans, a detai ed analysis of the
alternatives for water disposal, or othe data as needed by
the Agency for review.
After evaluation of the data furnished, t e Agency may issue
a special purpose wastewater discharge permit, subj.ect to
terms and conditions set forth in thi ordinance and as
otherwise determined by the General Mana er to be necessary
to protect the Agency's system, NPDES Pe it criteria, sludge
management criteria, or the reuse potent al 'of the water by
the Agency.
3.28
D
G
A.
B.
The Agency may specify and make part of ach Special Purpose
Discharge Permit specific pretreatment r quirements or other
terms. and conditions determined by the G neral Manager to be
necessary to protect the Agency's Sewe age Facility, Local
sewering Agency, or to comply with R qulatory Agencies'
requirements and to assess user charges.
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3.29
PERMIT CHARGE FO
A charge for use to cover all costs of the Age cy for providing
s~werage service and monitoring shall be establis ed by the General
Manager. A deposit determined by the Genera Manager to be
sufficient to pay the estimated charges for use ay be required to
accompany the Special Purpose Discharge Permit appl ication, and
said deposit, if any, shall be applied to the ch rges for use.
3.30
AN
A.
The terms and conditions of an issued perm't may be subject
to modification and change in the sole iscretion of the
Agency during the life of the permit based on:
1.
2.
The discharger's current or anticipat d operating data.
The Agency's current or anticipated 0
3.
Changes in the requirements of Regula
B.
Permittee may request a modification t the terms and
condi tions of an issued permit. The re est shall be in
writing stating the requested change, and t e reasons for the
change. The Agency shall review the requ st, make a deter-
mination on the request, and respond in wr tinge
Permittee shall be informed of any changes in the permit at
least forty-five (45) days prior to the ffective date of
change. Any changes or new conditions in the permit shall
include a reasonable time schedule for com liance.
c.
3.31 S
Special purpose discharge permits shall be issue for a period not
to exceed one (1) year, but may be renewed as determined by the
General Manager. Users seekinq permit renewal shall. comply with
all provisions of this section 3.
3.32 GROUNDWATER DISCHARGE PERMITS
A.
Groundwater wastewater discharge permits hall be expressly
subject to all provisions of the Resolut' on and all other
regulations, charges for use, and fees stablished by the
Agency. The conditions of wastewater disc arge permits shall'
be uniformly enforced by the Agency in ac ordance with this
ordinance and applicable State and Federal Regulations.
Requests to authorize the discharge of cle ned.up qroundwater
shall be approved by the EAA on a tempora and conditional
basis only, and only if the applicant (potential discharger)
has documented that (1) the applicant and the polluted
groundwater are within the Encina service rea and within the
jurisdiction of a member agency, (2) the pplicant possesses
a legal connection to the sanitary sewer f a member agency,
B.
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3.33
(3) the member agency has adequate capaci y to accept the
proposed flow, (4) there is no other economically and
technically feasible method to dispose of the proposed
discharge, (5). the technology and equipm nt used provide
adequate assurance that there will be no a verse impacts on
the EWPCF, its employees, or its dischar es, and ( 6) the
applicant has adequate resources, and or i surance to fully
indemnify the EAA and the Encina Joint power from any and all
claims and/or damages arisinq out of or in c nnection with the
proposed discharge.
ÇROUNDWATER DISCHARGE PERMIT APPLICATION
A.
.
Applicants shall submit written requests to the member agency
in whose service area they are located.
B.
The member agency shall require that the a plication include
all of the following:
1.
Full address of the location of the s'te from which the
cleaned up groundwater is to be disch rged,
The full name and address of the ower of the cleanup
site, ,
2.
3.
A detailed history of the discovery of the pollutant
and/or contaminants that resulted in cleanup being
required,
The approximate quantity, in gallon per day, that is
proposed to be discharged into the E cina Joint system,
4.
5.
Whether the groundwater has been or m y be classified as
toxic or hazardous using the cri te ia establ ished by
ordinance of the EPA, the state of California, and/or
the San Diego Reqional Water Quality Control Board,
A detailed description of the pre reatment, if any,
required by the San Diego Regional Wa er Quality Control
Board.
6.
7.
A detailed description of the al te native considered,
including reasons why all other dis harge alternatives
were not pursued,
8.
A detailed description of any P etreatment program
proposed to be established and mplemented by the
applicant prior to discharge of any cleaned up ground-
water.
The full name and addresses of t e employees and/or
officers of applicant who will be esponsible for the
pretreatment program of the applica t,
10. A site pIan showing the layout of xisting facilities,
. extent of groundwater contaminatio , and location of
proposed cleanup wells and treatmen facilities,
9.
40
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11.
The amount of any general liability nd environmental
impairment liability insurance covering applicant at the
time the application is submitted, t e inception and
expiration dates(s) of any general li bility insurance
policy(s), whether such insurance policy excludes
coverage for damages resulting fr m discharge of
contaminated groundwater, the name an address of the
insurance agent for applicant and the name and address
of the insurance company that iss ed the general
liability policy(s) that provide such i surance coverage
for the applicant, and,
The type of commercial, industrial, r other activity
that is beinq or has been operated or conducted at the
cleanup site.
12.
The member agency shall review the applicat'on and determine
1. whether policy criteria 1 through 3 ha e been met, and
2.
whether the member agency wishes to re ect the applica-
. tion or apply for authorization from t e EAA.
D.
If the member agency wishes to apply for authorization to
accept the discharge, the member agency sh 11 submit a copy
of the application. .
Applicants shall submit to EAA on forms rescribed by the
Agency all required information as part 0 the applicant's
written request.
E.
F.
within forty-five (45) days after EAA re eives a written
request by an applicant to discharge clean d up groundwater
EAA staff will advise the applicant wheth r the request is
complete. If the application is incomplete or insufficient,
EAA staff will notify the applicant in writ'ng and will allow
the applicant thirty (30) days to furnis the additional
information. If at the end of thirty (30) ays the applica-
tion is still incomplete, the application will be considered
withdrawn. Once the application is deemed omp1ete, the EAA
will have one hundred and twenty (120) days to make a
decision. The member agency will be notif'ed in writing of
the decision within ten (10) days followin the decision.
EAA staff will review the completed applic tion and prepare
a written recommendation to the EAA. If E staff recommends
that the EAA authorize the discharge, the r commendation will
include all conditions (monitoring, sa pIing, testing,
reporting, etc.) that EAA staff believes s ould be made part
of the authorization. If EAA staff believes that the proposed
discharge will adversely affect Encina, a recommendation to
deny the request will be made.
G.
H.
EAA will review the staff recommendation and determine whether
or not to authorize the member agency to a cept the proposed
discharge. Any authorization from EAA wil require that the
member agency include all the conditions a proved by EAA in
any groundwater discharge permit issued by the member agency
to the applicant.
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I.
Authorization shall be non-transfera Ie and shall be
given for no more than a year at a ti e.
Authorization renewals will be consi ered only if the
applicant submits a written requ st through the
appropriate member agency, describing ny and all changes
in conditions since the original appl cation was filed,
to the EAA at least sixty (60) days before the
authorization expires.
The following conditions
authorizations made by EAA:
will
be
1.
2.
in
all
The member agency must require the applicant to allow an
EAArepresentative to inspect, monito , and/or sample as
needed to. ensure that no harm comes to the EWPCF, its
employees, or its discharge.
The member agency must require that th applicant pay EAA
costs associated with such tasks dire tly to the member
agency.
The member agency must require that he applicant have
an executed indemnity aqreement with he member agency,
prior to initiating any discharge, tha holds EAA and the
Encina Joint Powers harmless from a Y and all costs,
claims and/or damages arising out 0 or in connection
with the discharge of the cleaned up groundwater. The
indemnity shall include all costs inc rred by EAA in the
investigation and/or defense of any laims.
The member agency must require that t e applicant either
maintain throughout the period of discharge general
liability or environmental impairment insurance coverage
covering all liability for damages esu1ting from the
discharge in an amount of not less than five million
dollars ($5,000,000) or have an unco itted net worth of
five million dollars ($5,000,000) or more.
3.
4.
5.
6.
7.
The member agency must require that the applicant stop
discharging within twenty-four (24) h urs of notice from
the EAA or its General Manager.
J.
None of the following types of discharges
1.
Toxic and/or hazardous discharges.
Discharges that violate any federal,
regulation, or rule.
2.
ill be authorized:
or local law,
Requests for authorization renewal shall be reviewed and
considered in the same manner as original pplications, except
that no processing fee shall be char ed. Any testing
necessary to substantiate changed co ditions. shall be
conducted and charged directly to the appl cant as allowed for
i~ sections I(3) and (4).
K.
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3.34
OUT OF SERVICE AREA PERMITS/DISCHARGERS
Industrial wastewater discharge pe~its for dischargers located
outside of the Aqency'S se~ice area but tributary to the Aqency's
sewerage facilities may be issued by a me~er agency after a~roval
by the Agency. The Agency shall have the right of inspection and
sampling of the user's discharge to determine compliance with
industrial waste discharqe ordinances. Samplinq and inspection
~l ~ h~ ~~ a ~œ~~~ ~n ~~~~ w~ ~ 4~
agency. The lDore stringent of the industrial waste discharge
ordinances and effluent limitations of the Agen~ and the local
agency shall apply to the discharger.
Penit fees and a~ other associated fees ~y be collect~ ~ the
a~r~riate meMer agenq in an amount adopted ~ meMer agency
resolution.
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4.1
A.
B.
C.
4.2
SECTION 4
FACILITIES REQUIREMENTS
PREjREATMENT FACILITIES
All users shall provide wastewater acceptable to the Agency,
under the limitations established herein before discharging
to any public sewer. Any facilities required to pretreat or
transport wastewater shall be provided and maintained by a
qualified operator and in proper operating condition at the
user's expense.
All users may also be required by the Aqency to submit waste
analysis plans, continqency plans, and me~t other necessary
requirements to ensure proper operation of the pretreatment
facilities and compliance with permit. limits and this
ordinance.
No user shall increase the Qse of water or ~n.any other manner
attempt to dilute a discharge as a partial or complete
substitute for treat1tlent to achieve compliance with this
ordinance and the user's Permit. .
SPILL CONTAINMENT FACILITIES
All users shall provide spill containment for :protection against
discharge of prohibited materials or other wasteis regulated by this
ordinance. Such protection shall be desig~ed to secure the
discharges and to prevent them from entering into the system in
accordance with reasonable engineering standards. Such facilities
shall be provided and maintained at the user's:expense.
. E.
4.3
MONITORING/METERING FACILITIES
A.
Agency may require the user to construdt and maintain in
proper operating condition at the user's sole expense, flow
monitoring, constituent monitoring and/or sampling facilities.
Any sample taken from a sample box or other representative
sampling location is considered to be representative of the
discharge to the public sewer.
B.
c.
Monitoring or meterinq facilities ~ay be required to include
a security closure that can be locked with! an Agency provided
hasp lock during samplinq or upon termination of service.
Location of the monitoring or. metering facilities shall be
subject to approval by the Agency. .
D.
Location of the monitoring or metering facilities
provide clear and uninterrupted access by the Agency.
shall
4.4
DRAWING SUBMITTAL REOUIREMENTS.
A.
Detailed plans shall be submitted to the Agency for review of
existing or proposed construction of pretreatment facilities,
44
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B.
c.
D.
E.
F.
4.5
spill containment facilities, .monitoring facilities, metering
facilities, and operating procedures. Agency approval shall
be received prior to commencement of construction. The review
of the plans and procedures shall in no way relieve the user
of the responsibility of modifying the facilities or
procedures in the future, as necessary, to meet the
requirements of this ordinance or any requirements of other
Regulatory Agencies.
Three copies of all drawings shall be submitted for review.
All drawings shall include:
1.
North arrow¡
2.
Scale size;
3.
User name and address¡
4.
Drawing name and drawing number¡
5.
Date drawn or revised¡
6.
Name of draftsman and name of person approving drawing.
The Agency may require. drawings to scale depicting the
manufacturing process (waste generating sources), spill
containment, pretreatment facilities, and/or
monitoring/metering facilities.
The Agency may require a schematic drawing of the pretreatment
facilities.
The Agency may require the drawings be prepared by a.
California Registered Chemical, Mechanical, Ç)r civil Engineer.
WASTE MINIMIZATION REOUIREMENTS
User shal1 -provide waste minimization plans to conserve water,
investigate product substitution, provide inventory control,
implement employee education, and take other steps as necessary to
minimize waste produced.
45
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SECTION 5
MONITORING,REPORTING,NOTIFICATION,& INSPECTION REQUIREMENTS
5.1
MONITORING FOR COMPLIANCE WITH PERMIT CONDITIONS OR REPORTING
REOUIREMENTS
The Agency may require reports for self-monitoring of wastewater
constituents and characteristics of the discharger needed for
determining compliance with any limitation, or requirements as
specified in the user's permit, Federal Regulations, or this
ordinance. These reports include:
(1)
(2)
(3)
(4)
(5)
Baseline Monitoring Reports (BMR)
Compliance Schedule Progress Reports
90-oay Compliance Reports
Periodic Reports on continued compliance
other reports as required by the Agency
Monitori~g reports of the a~alyses of wastewater constituents and
characteristics shall be in a manner and form approved by the
Agency and shall be submitted upon request of the Agency. When
applicable, the self-monitoring requirement and frequency of
reporting shall be set forth in the user's permit. The analyses
of wastewater constituents and characteristics and the preparation'
of the monitoring report shall be done at the sole expense of the
user. Failure by the user to perform any required monitoring
and/or to submit monitoring reports required by the Agency shall
be a violation of this ordinance, may result in a determination
that the permittee is in siqnificant non-compliance, and be cause
for the Agency to initiate all necessary tasks and analyses to
.determine the wastewater constituents and characteristics for any
limitations and requirements specified in the user's permit or in
this ordinance. The user shall be responsible for any and all
expenses of the Agency in undertaking such monitoring analyses and
preparation of reports.
5.2
INSPECTION AND SAMPLING CONDITIONS
A.
The Agency may inspect and sample the wastewater generating
and disposal facilities of any user to ascertain whether the
intent of thi~ ordinance is being met and the user is
complying with all requirements.
The Agency .shall have the right to set up on the user's
property or other locations as determined by the Agency, 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 Agency will be permitted to enter without delay for the
purpose of performinq their specific responsibilities.
B.
C.
In order for the Agency to determine the wastewater
characteristics of the d~scharger for purposes of determining
compliance with permit requirements, the user is required to
make available for inspection and copying by the Agency all
notices, self-monitoring reports, waste manifests, and records
including, but not limited to, those required in the Federal
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5.3
Pretreatment Requirements without restricti n but subject to
the confidentiality provision set forth in Se tion 103 herein.
All records are to be kept a minimum of thr e (3) years.
RIGHT OF ENTRY
Persons or occupants of premises where wastewat r is created or
discharged shall allow the Agency, or its representatives,
reasonable access during the normal working day t all parts of the
wastewater generating and disposal facilities fo the purposes of
inspection and sampling.
..
A.
5.4
B.
C.
NOTIFICATION OF SPILL OR SLUG LOADING
In the event the discharger is unable to c mply with any of
the permit conditions due to a breakdo of equipment,
accidents caused by human error or acts of God, or the
discharge will exceed the provisions of ection 2.9, the
discharger shall notify the Agency by immed'ately telephoning
as soon as the discharger has knowledge of the incident.
The discharger shall confirm this notifica ion in writing as
soon as possible, but no later than five (5) working days from
the telephone notification. The written otification shall
state the date of the incident, the reasons for the discharge
or spill, what steps were taken to immedi tely correct the
problem, and what steps are being taken to p event the problem
from recurring.
Such notification shall not relieve the us r of any expense,
loss, damage or other liability which may be incurred as a
result of damage or loss to the Agency or a yother damage or
loss to person or property ¡ nor shall such notification
relieve the user of any fees or other liab lity which may be
imposed by this ordinance or other applica Ie law.
5.5
NOTIFICATION OF BYPASS
A.
Bypass of industrial wastewater to the se er is prohibited.
The Agency may take enforcement action gainst the user,
unless:
1.
of life, personal
2.
Bypass was unavoidable to prevent los
injury, or severe property damage¡
There were no feasible alternatives 0 the bypass, such
as the use of auxiliary treatment fa ilities, retention
of untreated wastes, or maintenance du ing normal periods
of equipment downtime. This conditi n is not satisfied
if adequate backup equipment should ave been installed
in the exercise of reasonable engin ering judgment to
prevent a bypass which occurred durin normal periods of
equipment downtime or preventative m intenance; and
3~
The permittee submitted notices as re
5.4.
ired under Section
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E.
B.
If a permittee knows in advance of the need for a bypass, it
shall submit prior notice to the Agency, if ossible at least
ten (10) days before the date of the bypass
The Agency may approve an anticipated bypass fter considering
its adverse effects, if the Agency determi es that it will
meet the conditions listed in 5.5(A) (1-3).
c.
D.
A permittee shall submit oral notice of n unanticipated
bypass that exceeds their permitted discharg limitations, to
the Agency, immediately after the user has nowledge of the
bypass. A written report shall also be prov'ded within five
(5) working days of the time the permittee ecomes aware of
the bypass. The report shall contain a de cription of the
bypass and its cause; the duration of the b pass, including
exact dates and times, and, if the bypass h s not þeen cor-
rected, the anticipated time it is expected 0 continue; and
steps taken or planned to reduce, el imina e, and prevent
recurrence of the bypass. Failure to submi oral notice or
written report may be grounds for permit rev cation.
Such notification shall not relieve the user of any expense,
loss, damage,. or other liability which may b incurred as a
result of damage or.loss to the Agency or any other damage or
loss to person or property¡ nor shall su h notification
relieve the user of any fees or other liability which may be
imposed by this ordinance or other applicable law.
48
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To ensure that all interested parties are at orded due process
of law and that non-compliance and violatio s are resolved as
soon as possible, the general policy of the gency is that any
Notice of correction, Enforcement Com liance Schedule
Agreement (ECSA), or Regulatory Compliance chedule Agreement
(RCSA) will be determined and made by the echnical Services
Director or the Source Control staff (Enviro mental Specialist
and Industrial Waste Control Representativ s), with a right
of appeal by the permittee to the General M nager pursuant to
the procedures set forth in section 6.16. user, permittee,
or applicant for a permit may request th EM to hear an
appeal on the General Manager's decision p rsuant to Section
6.17. Such a request may be granted or d nied by the Board
of Directors of the EM. Any permit suspen ion or revocation
proposed by the Source Control staff wil be heard and a
recommendation made to the General Manager by the Technical
Services Director or the Environmental Sp cialist or other
person designated by the General Manager with a right of
appeal of the General Manager's order by th permittee to the
Board of Directors of the EM pursuant to he provisions of
section 6.17. Actions and decisions by the echnical Services
Director or the Environmental Specialist ar made pursuant to
a delegation of authority by the General Man ger as authorized
.by section 1.5 of this ordinance.
Non-compliance fees as specified in Tables II and III may be
revised from time to time as adopted by the oard of Directors
of the EM.
SECTION 6
ENFORCEMENT
6.0
PURPOSE AND SCOPE
The EM finds that in order for the Agency
laws, ordinances, and rules imposed upon
Agencies and to ensure that the Agency
treatment processes are protected and are a
the highest degree of efficiency, and to
health and environment, specific enforceme
be adopted to govern the discharges to the
industrial discharge permittees.
A.
B.
C.
6.1
NON-COMPLIANCE WITH PERMIT CONDITIONS AND
A.
Routine Samplina - Procedures
0 comply with the
it by Regulatory
s facilities and
Ie to operate with
rotect the public
t provisions must
gency's system by
Routine sampling of all permittees sha I be conducted in
the time, place, manner, and frequency determined at the
sole discretion of the Agency. .
1.
Non-compliance with mass emission ,rate imits, concentra-
tions, permit discharge conditions, and or this ordinance
may be determined by an analysis of a g ab or a composite
sample of the effluent of a permittee.
2.
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B.
2.
Routine Samolinq - Non-Comoliance Fees
1.
If routine samplinq of the effluent of a pennittee
reveals non-compliance by the permitt e with the mass
emissi~ rates or other conditions and limitations
s~cified in ~e pe~ittee's discharge pe~it. or with
any P~isioM of this o~inance. then he pe~ittee may
be re~i~d to pay fees to the Agency as specified in
Secti~ 6, Schedu,e A of Tables II and II. The purpose
of ~e non-c~liance fees is to co~e sate the Aqen~
for additi~al costs of saçling, monitoring, laborato~
analysis, treatment, disposal, and administrative
proc~sinq incurred as a result of the non-co~liance.
and shall be in addition to and not in lieu of any
penalties as hY be ass~sed pursuant 0 Sections 6.15
and 6.16.
~e n~-c~liance fees specified shall c~ence on the
date the s~li~ establishes non-e~pli nee, and shall
continue to accumulate for each day ontinuinq non-
compliance is verified by sampling.
50
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TABLE II
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATE LIMITS
Arsenic
Cadmium
Chromium (Total)
Copper
Lead
Dollars Per Pound Per Day
in Excess of Limit*
Schedule Schedule Schedule
"A" "B" "C"
$ 150.00 $ 300.00 $ 450.00
1,500.00 3,000.00 4,500.00
150.00 300.00 450.00
150.00 300.00 450.00
120.00 240.00 360.00
150.00 300.00 450.00
75.00 150.00 225.00
150.00 300.00 450.00
75.00 150.00 225.00
75.00 150.00 225.00
10,000.00 20,000.00 30,000.00
10,000.00 20,000.00 30,000.00
150.00 300.00 450.00
75.00 150.00 225.00
Mercury
Nickel
Silver
Zinc
Cyanide (Total)
PCB's
Pesticides
Total Toxic organics
Phenols
* There may be an additional administration fee, adopted
by the Board of Directors, to process each non-
compliance invoice.
51
TABLE III
FEES FOR NON-COMPLIANCE WITH PERMIT CO DITIONS
AND MASS EMISSION RATE LIMITS
.
B.O.D.
.
f
t
suspended Solids
oil and Grease (Animal or
vegetable origin)
oil and Grease (Mineral or
Petroleum Origin)
Total Dissolved Solids
Schedule
"A"
$ 15.00 $
15.00
200.00
300.00
20.00
Schedule
"C"
$ 45.00
45.00
600.00
900.00
60.00
. pH Ranae Schedule "A" & C"
<1.5 $ 125.00 165.00
1.6 - 2.5 100.00 130.00
2.6 - 3.5 75.00 100.00
3.6 - 4.5 50.00 65.00
4.6 - 5.5 25.00 35.00
9.6 - 10.5 25.00 35.00
10.6 - 11.5 50.00 65.00
11.6 - 12.5 75.00 100.00
> 12.5 100.00 130.00
Hourly pH non-compliance will be determi
recording data or grab sample(s) or hour
samp1e(s).
* There may be an additional administratio fee, adopted
by the Board of Directors, to process ea h non-compliance
invoice.
.
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6.2
NOTICE OF CORRECTION
A.
Grounds
In the event the Source Control staff determine that a permittee
has discharged in violation of any provision of this ordinance, or
the terms, conditions and limitations of its di charge permit, or
has not made payment of all amounts owed to t e Agency for user
charges, non-compliance fees or any other fees, he General Manager
or his representative may issue a Notice of Corr ction, whereby the
permittee must comply with all directives conditions and
requirements therein within the time prescribed.
B.
Provisions
The issuance of a Notice of Correction may
conditions including, but 'not limited to,
pretreatment equipment and facilities, submi tt
technical reports, payment of fees, limits on
discharge, or other provisions to ensure com
ordinance.
c.
Notice of Co rection - Non- om 1 iance Char
ontain terms and
installation of
I of drawings or
rate and time of
liance with this
If at any time while a Notice of Correction is in effect, a
permi ttee discharges wastewater to the Agency's sewerage system
which is not in compliance with the Notice f Correction, the
terms, conditions, or limitations specified i the permittee's
discharge permit, or with any provision of the rdinance, thán the
permittee shall pay fees to the Aqency as speci ied in Section 6,
Schedule B of Tables II and III of section 6.1, and the permittee
may be assessed all other costs incurred during the sampl ing,
including labor, equipment, materials, and over ead.
D.
Notice of Correction - Permit Susoension
If at any time while a Notice of Correction is in effect, a
permi ttee discharges wastewater to the Agency's sewerage system
which is not in compliance with the Notice of Correction, the
terms, conditions or limitations specified i the permittee's
discharge pennit, or with any provision of t is ordinance, the
permi ttee may be subject to permit suspensio pursuant to the
provisions of section 6.5 of this ordinance.
E.
Notice of Correction - EXt>iration
A Notice of Correction issued by the General Manager or his
representative shall be in. effect for a period n t to exceed ninety
(90) days. Upon satisfactory compliance with the terms of the
Notice of Correction and expiration thereof, any fees to be
assessed due to subsequent non-compliance by Pe ittee shall be in
accordance with this ordinance, re-establishe at the rate set
forth in section 6, Schedule A of Tables I and III. All
enforcement actions thereafter shall be ba ed on appl icab1e
provisions of this ordinance.
53
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6.3
ENFORCEMENT COMPLIANCE SCHEDULE AGREEMENT (ECSA)
A.
Grounds
Upon determination that a permittee is in non-compliance with the
terms, conditions or limitations specified in its permit or any
provision of this ordinance, and needs to construct and/or acquire
and install equipment related to pretreatment, the General Manager
may require the permittee to enter into an ECSA which will, upon
the effective date of the ECSA, amend the permittee's permit. The
ECSA shall contain the terms and conditions by which a permittee
must operate during its term and shall provide specific dates for
achieving compliance with each term and condition for construction
and/or acquisition and installation of required equipment related
to pretreatment:" .
An ECSA shall have a maximum term of one hundred-eighty (180) days,
and upon showing of good cause, including but not limited to
reasonable progress under the terms of the ECSA, it may be extended
by the General Manager for an additional period not to exceed one
hundred-eighty (180) days. No further extensions shall be granted
except upon approval of the Board of Directors of the EAA.
4
B.
Provisions
The issuance of an ECSA may contain terms and conditions including
but not limited to requirements for self-monitoring, installation
of pretreatment equipment and facilities, submittal of drawings or
reports, operator certification, audit of waste minimization
practices, payment of fees, limits on rate and time of discharge,
deposit of performance guarantee, or other provisions to ensure
compliance with this ordinance.
c.
ECSA - PaYJllent of Amounts Owed
An ECSA shall not be approved by the Agency until such time as all
amounts owed to the Agency, including user fees, non-compliance
fees, deposits, or civil penalties are paid in full, or an
agreement for deferred payment secured by collateral or a third
party, is approved by the Agency. Failure to pay all amounts owed
to the Agency shall be grounds for permit suspension or permit
revocation as set forth in section 6.5 and 6.6.
D.
ECSA - Non-Compliance Charaes
If, during the term of an ECSA, sampling reveals non-compliance by
the permittee with the terms, conditions or limitations specified
in the ECSA, user's permit, or any provision of this ordinance,
the permittee may be required to pay the fees as specified in
section 6, Schedule B of Tables II and III, and may be assessed all
other costs incurred during the sampling, including labor,
equipment,~aterials, and overhead.
E. ECSA - Permit suspension/Revocation
If compliance is not achieved in accordance with the terms and
conditions of an ECSA during its term, the General Manager may
54
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issue an order suspending or revoking the discharge permit pursuant
to section 6.5 or 6.6 of this ordinance.
F.
~CSA - Expiration
If, following the expirat,ion of, an ECSA,
non-compliance by the perm1.ttee w1.th the te
limitations specified in the permit, or any
ordinance, the permittee shall pay an amount ba
forth in section 6, Schedule B of Tables II
violation.
If the permittee remains in consistent complia
period following ECSA expi7ation, then non-com
be assessed in accordance W.1. th section 6, Sch u
III. All enforcement actions thereafter s
applicable provisions of this ordinance.
6.4
A.
Grounds
sampling reveals
s, conditions or
rovisions of this
ed on the fees set
and III for each
ce for a two-year
liance fees shall
, Tables II and
all be based on
If at any time subsequent to the issuance of a w stewater discharge
permi t to an industrial user, Federal Catego ical Pretreatment
standards are adopted or revised by the United Sates Environmental
protection Agency, or in the event the Age cy enacts revised
discharge limitations, the General Manager, upon determination that
an industrial user would not be in complian e with the future
limitations, may require the industrial user t enter into a RCSA
with the Agency under terms and conditions tha would provide for
achieving compliance with all new standards by he industrial user
on a specific date. The RCSA shall have a m ximum term of two
hundred-seventy (210) days.
B.
provisions
The issuance of a RCSA may contain terms and c
but not limited to requirements for installati
equipment and facilities, submittal of. drawing
minimization practices or other provisions t
with this ordinance.
C.
RCSA - Non-Compliance Charqes
nditions including
n of pretreatment
or reports, waste
ensure compliance
During the period said RCSA is in effect, any discharge by
permittee in violation of the RCSA may equire payment of
non-compliance fees in accordance with secti n 6, Schedule A of
Tables II and III.
D.
FCSA - Expiration
Upon RCSA expiration, and in the event of non-compliance by
permittee, non-compliance fees shall be estab ished in accordance
with section 6, Schedule A of Tables II and I I. All enforcement
actions thereafter shall be based on applicabl provisions of this
ordinance. .
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6.5
PERMIT SUSPENSION
A.
Grounds
The General Manager may suspend any permit whe
that a permittee:
it is determined
1.
Fails to comply with the terms and co ditions of either
an ECSA or RCSA:
2.
Knowingly provides a false statement representation,
record, report, or other document to he Agency:
Refuses to provide records, reports, plans, or other
documents required by the Agency to determine permit
terms, conditions, or limitations, dis harge compliance,
or compliance with this ordinance¡
3.
4.
Falsifies, tampers with, or knowingly r nders inaccurate
any monitoring device or sample collec ion method¡
Fails to report significant changes' n operations or
wastewater constituents and characteri tics¡
5.
6.
violated a Notice of Correction¡
ewerage system;
7.
Refuses reasonable access to the permi tt e' s premises for
the purpose of inspection and monitori g:
Does not make timely payments of all am unts owed to the
Agency for user charges, non-complian e fees, or any
other fees:
8.
9.
Discharges batch dumps to the Agency's
10.
Violates any condition or limitation f its discharge
permit or any provision of the. Agency's ordinance.
B.
Notice/Hearinq
When the General Manager has reason to believe th t grounds exist
for permit suspension, he shall give written no ice thereof by
certified mail or person~l delivery to the permitt e setting forth
a statement of the facts and grounds deemed to exis , together with
the time and place where the charges shall be hear by the General
Manager's designee. The. hearing date shall be not less than
fifteen (15) calendar days nor more than fortY-fi e (45) calendar
days after the mailing of such notice or its act al delivery if
personally delivered.
1.
At the suspension hearing, the perrnitte shall have an
opportunity to respond to the allegatio s set forth in
the notice by presenting written or oral evidence. The
hearing shall be conducted in accordance ith procedures
established .by the General Manager and pproved by the
Agency's General Counsel.
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After the conclusion of the hearing, t e General Manager
or his designee shall prepare a writ en report setting
forth a brief statement of facts fo nd to be true, a
determination of the issues presente and conclusions,
copies of written evidence presented shall be appended
to the report.
Based upon the written report, the General Mana er shall make his
determination and should he find that grounds e ist for suspension
of the permit, he shall issue his decision an order in writing
within thirty (30) calendar days after the onclusion of the
hearing. The written decision and order of t e General Manager
shall be sent by certified mail to the permi tee or its legal
counsel/representative at the permittee's busi ess address.
2.
c.
~ffect
1.
Upon an order of suspension by t e General Manager
becoming final, the permittee shall have no right to
discharge any industrial wastewa er, directly or
indirectly to the Agency's system for the duration of the
suspension. All costs for physically terminating and
reinstating service shall be paid by the permittee.
Any owner or responsible managemen employee of the
permittee shall be bound by the orde of suspension.
2.
3.
An order of permit suspension iss ed by the General
Manager shall be deemed final up n delivery to the
permittee, unless appealed to the EM pursuant to Section
6.17.
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6.6 ~ERMIT REVOCATION
..
A.
Grounds
determined
The General Manager may revoke
that a permittee:
1.
Knowingly provides a false statem nt, representation,
record, report, or other document t the Agency:
Refuses to provide records, repor s, plans, or other
documents required by the Agency 0 determine permit
terms, conditions, or limitations, discharge compliance,
or compliance with this ordinance:
2.
3.
Falsifies, tampers with, or knowing y renders inaccurate
any monitoring device or sample collection method:
Fails to report significant chang s in operations or
wastewater constituents and charac eristics:
4.
5.
Fails to comply with the terms and c nditions of an ECSA,
permit suspension, or probation or er:
6.
Discharges effluent to the Agency t s sewerage system while
its permit is suspended:
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7.
Refuses reasonable access to the permittee's premises for
the purpose o-f inspection and monitor ng¡
Does not make timely payment of all a Ibnts owed to the
Agency for user charges, non-compl i nce fees, or any
other fees:
8.
9.
sewerage system;
Discharges a batch dump to the Agency'
10.
Discharges effluent that causes ass through or
interference with the Agency's collection, treatment, or
disposal system¡
Fails to submit oral notice or writt n report of spill
or bypass occurrence:
11.
B.
violates any condition or limitatio of its discharge
permit or any provision of the Agency's ordinance¡
Notice/Hearina
12.
When the General Manager has reason to believe that grounds exist
for the revocation of a permit, he shall give written notice by
certified mail thereof to the permittee settin forth a statement
of the facts and grounds deemed to exist togethe with the time and
place where the charges shall be heard by the General Manager's
designee. The hearing date shall be not less than fifteen (15)
calendar days nor more than forty-five (45) c lendar days after
the mailing of such notice.
1.
At the hearing, the permittee shall ave an opportunity
to respond to the allegations set for h in the notice by
presenting written or oral evidenc. The revocation
hearing shall be conducted in ac ordance with the
procedures established by the Ge eral Manager and
approved by the Agency's General Cou sel.
2.
he General Manager
ten report setting
und to be true, a
d and conclusions.
shall be appended
After the conclusion of the hearing,
or his.designee shall prepare a wri
forth a brief statement of facts f
determination of the issues present
copies of written evidence presente
to the report.
Based upon the written report, the General Man ger shall make his
determination and should he find that grounds xist for permanent
revocation of the permit, he shall issue his de ision and order in
writing within thirty (30) calendar days afte the conclusion of
the hearing. The written decision and order óf the General Manager
shall be sent by certified mail to the perm' ttee or its legal
counsel/representative at the permittee's busi ess address.
In the event the General Manager determines to not revoke the
permit, he may order other enforcement actions, including, but not
limited to, a temporary suspension of the permit, under terms and
conditions that he deems appropriate.
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Effect
1.
Upon an order of revocation by the General Manager
becoming final, the permittee shall pe anently lose all
rights to di~charge any industrial wa tewater directly
or indirectly to the Agency's system. All costs for
physical termination shall be paid by he permittee.
Any owner or responsible management employee of the
permittee shall be bound by the order f revocation.
2.
3.
Any future application for a permit at any location
within the Agency's service Area by a y person subject
to an order of revocation will be c nsidered by the
Agency after fully reviewing the recor s of the revoked
permit, which records may be the basi for denial of a
new pendt.
An order of permit revocation issue by the General
Manager shall be deemed final upon del i very to the
permittee, unless appealed to the EM p rsuantto section
6.17.
4.
6.7
w
A wastehauler's non-çompliance with permit re irements shall be
determined by an analysis of a sample of the ischarge for any
constituent or conditions specified in the waste auler's discharge
permit. If the discharge of a wastehauler is found by the
analysis to be in excess of the concentrations specified in the
wastehauler's discharge permit, the wastehauler shall, after
receiving a demand from the Agency, identif in writing, all
sources of the discharge..
If a discharge is from an industrial source(s) or if a discharge
is not made in the prescribed manner and t the prescribed
discharge point, the following shall apply:
A.
First Violation
1.
Permittee shall pay a non-compliance
Dollars ($500.00).
ee of Five Hundred
2.
The wastehauler permit for disposal
suspended for five (5) days.
rivileges shall be
B.
Second violation
1.
The permittee shall pay a non-com liance fee of One
Thousand Dollars ($1,000.00).
rivileges shall be
2.
The wastehauler permit for disposal
suspended for thirty (30) days.
The wastehauler permit may be revoke
section 6.6.
in accordance with
3.
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DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A.
When a discharge of wastes causes an obstruction,
interference, damage, or any other impairment to the Agency's
facilities or to the operation of those facilities, t~e Agency
may assess the costs against the discharger for the work
required to clean or repair the facility together with
expenses incurred to resume normal operations, and the
discharge shall be grounds for permit revocation. A service
charge of twenty-five percent (25%) of Agency's costs shall
be added to the costs and charges to reimburse the Agency for
miscellaneous overhead, including administrative personnel and
record keeping. The total amount shall be payable within
thirty (30) days of invoicing by the Agency.
If it can be shown that the discharge is the cause of the
Agency violating its discharge requirements established by any
Regulatory Agency or incurring additional expenses or
suffering losses or damage to the facilities, then that
discharger shall be responsible for any costs or expenses
incurred by the Agency, including regulatory fines, penal ties,
and assessments made by other agencies or a court.
B.
6.9
INDUSTRIAL WASTE PASS THROUGH
If an industrial waste discharge results in a pass through event
affecting the Agency or its facilities, all costs associated with
the event, including treatment costs, regulatory fines, penalties,
assessments, and other indirect costs shall be levied against the
discharger. Furthermore, the discharger shall submit to the Agency
plans to prevent future recurrences to the satisfaction of the
Agency. A second occurrence shall be grounds for permi t
revocation.
6.10
BATCH DUMPS
When the Agency determines that a user has discharged concentrated
pollutants to the sewerage system in a manner or method that is not
approved by the Agency, non-compliance fees shall be assessed as
set forth in section 6, Schedule C in- Tables II and III. In
addition, the user may be subject to permit suspension or permit
revocation in accordance with Section 6.5 and 6.6 as well as
additional legal enforcement remedies available to the Agency.
6.11
pUBLISHED NOTICES
In accordance with the requirements of Federal Law, the Agency
shall semi-annually cause to be published the names of all
industrial users in significant non-compliance. Upon a minimum of
a thirty (30)-day notification to the permittee, said publication
shall be in the newspaper of the largest daily circulation
published in the Agency's service area.
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6.12
TERMINATION OF SERVICE
r.Che Agency, by order of the General Manager, may physically
terminate sewerage service to any property as a term of any order
of suspension or revocation of a permit. All costs for physical
termination shall be paid by the permittee as well as all costs for
reinstating service.
6.13
EMERGENCY SUSPENSION
The Agency may, by order of the General Manager, suspend sewerage
service or wastehauler discharge service when such suspension is
necessary, in order to stop an actual or impendinq discharge which
presents or may present an imminent or substantial endangerment to
the health and welfare of persons, or to the environment, or may
cause interference to the Agency's sewerage facilities, or may
cause the Agency to violate any state or Federal Law or Regulation.
An Emergency Suspension order is final and not appealable.
6.14
INJUNCTION
Notwithstanding any other provision of this ordinance, and in
addition to and as an alternative to any other procedure prescribed
herein, whenever a discharger of wastewater is in violation of or
may potentially violate the provisions of this ordinance, the
discharger's permit conditions, or any Federal Pretreatment
Standards or Requirements for dischargers, as set forth in 40 CFR
section 403.8 et seq., or fails to submit required reports or
refuses to allow the Agency entry to inspect the premises, the
Agency may petition the superior Court for the issuance of an
injunction to restrain the continued violation or to prevent
violations by the discharger and to seek such other or additional
remedies and civil penalties as may be authorized by law.
6.15
CIVIL PENALTIES
Authority
A.
All users of the Agency's system and facilities are subject to
enforcement actions administratively or judicially by the Agency,
its members, u.S. EPA, State of California Regional Water Quality
control Board, or the San Diego County District Attorney. S~id
actions may be taken pursuant to the authority and provisions of
several laws, including but not limited to: (1) Federal Water
Pollution control Act, commonly known as the Clean Water Act (33
U.S.C.A. Section 1251 et seq.): (2) California Porter-Cologne Water
Quality Act (California Water Code Section 13000 et seq.): (3)
California Hazardous Waste Control Law (California Health' safety
Code Sections 25100 to 25250): and (4) Resource conservation and
Recovery Act of 1976 (42 U.S.C.A section 6901 et seq.).
B.
Recoverv of Fines or Penalties
In the event Agency is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or
.enforcement agencies based on a violation of law or regulation or
its permits,. and said violation can be established by Agency, as
caused by the discharge of any user of the Agency's system which
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is in violation of any provision of the Agency's Resolution or the
user's permit, Agency shall be entitled to recover from the user
all costs and expenses, including, but not limited to, the full
amount of said fines or penalties to which it has been subjected.
C.
~eaulations
pursuant to the authority of California Government Code sections
54739 - 54740, any person who violates any provision of this
ordinance: any permit condition, prohibition or effluent
limitation: or any suspension or revocation order shall be liable
civilly for a penalty not to exceed $6,000.00 for each day in which
such violation occurs. The General Counsel of the Agency, upon
order of the General Manager, shall petition the Superior Court to
impose, assess, and recover such penalties.
6.16
APPEALS TO GENERAL MANAGER
A.
General
Any user, affected party, permit applicant or permittee affected
by any decision, action or determination made by the Technical
services Director, the Environmental Specialist, or the Industrial
Waste control Representatives may file with the General Manager a
written request for an appeal hearing. The request must be made
within fifteen (15) days of mailing of the staff's original
decision. The request for hearing shall set forth in detail all
facts supporting the appellant~ request.
B.
~otice
The General Manager shall, within fifteen (15) days of receiving
the request for-appeal, and pursuant to Section 1.5, designate a
Department Head or other person to hear the appeal and provide
written notice to the user of the hearing date, time and place.
The hearing date shall not be more than thirty (30) days from the
mailing of such notice by certified mail to the appellant unless
a later date is agreed to by the appellant. If the hearing is not
held within said time due to actions or inactions of the appellant,
then the staff decision shall be deemed final.
c.
1fearinCi
At the hearing, the appellant shall have the opportunity to present
information supporting its position concerning the staff's original
decision, action or determination. The hearing shall be conducted
in accordance with procedures established by the General Manager
and approved by the Agency's General Counsel.
D.
HIJtten Determination
After the conclusion of the hearinq, the Department Head shall
submit a written report to the General Manager setting forth a
brief statement of facts found to be true, a determination of the
issues presented, conclusions, and a recommendation whether to
uphold, modify or reverse the staff's original decision, action or
determination. Upon receipt of the written report, the General
Manager shall make his determination and shall issue his decision
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and order within thirty (30) calendar days of the hearing by his
de~ignee. The written decision and order of the General Manager
shall be sent by certif ied mail to the appellant or its legal
counsel/representative at the appellant's business address.
The order of the General Manager shall be final in all respects
fifteen (15) days after it is mailed to the appellant unless a
request for hearing is filed with the EM pursuant to section 6.17.
6.17
APPEALS TO THE BOARD OF DIRECTORS
A.
General
If the General Manager t s order is advèrse to the user, affected
party, permit applicant, or permittee, the permittee may, prior to
the date that the General Manager's order becomes final, file a
written request for hearinq to the Board of Directors of the EM
accompanied by an appeal fee in an amount establ ished by a
resolution of the Agency's Board of Directors. The request for
hearing shall set forth in detail all the issues in dispute for
which the appellant seeks determination and all facts supporting
appellant's request.
No later than sixty (6~) da~ls after receipt of the request for
hearing, the EM shall eJ.ther- set the matter for a hearing, or deny
the request for a hearing. . .
The EM shall grant all requests for a hearing on appeals
concerning permit suspension or revocation. Whether to grant or
deny the request for a hearing on appeals of other final decisions
of the General Manager shall be the s.ole discretion of the Board
of Directors of the EAA.
The appeal fee shall be refunded if the Board of Directors of the
EM denies a hearing or reverses or modifies the order of the
General Manager. The fee is not refunded if the Board of Directors
of the EM denies the appeal.
A hearing shall be held by the Board of Directors of the EAA wi thin
sixty-five (65) days from the date of determination granting a
hearing, unless a later date is agreed to by the permittee and the
Board of Directors of the EM. If the matter is not heard wi thin
the required time, due to actions or inactions of the appellant,
the General Manager's order shall be deemed final.
B.
~otice
The Board Secretary shall, within fifteen (15) days of the Board
of Director's determination, provide written notice to the
appellant by certified mail of the hearing date, time, and place,
or the denial. If a hearing is denied, the General Manager's
decision shall be final fifteen (15) days after the date such
notice is mailed.
c.
Jiearinq
All matters of appeal by a permittee under this section shall be
referred to the Board of Directors of the EM.
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At the hearing, the appellant shall have the opportunity to present
written or oral evidence supporting its position concerning the
. original decision, action or determination, in accordance with
adopted Rules of Procedure of the Board of Directors.
D.
written Determination
After the hearing, the Board of Directors of the EAA shall make a
determination whether to uphold, modify, or reverse the staff's
original decision, action, or determination as ordered by the
General Manager. .
The decision of the Board of Directors of the EAA shall be set
forth in writing within sixty-five (65) days after the close of the
hearing and shall contain a finding of the facts found to be true,
the determination of issues presented, and the conclusions. The
written decision and order of the Board of Directors of the EAA
shall be sent by certified mail to the appellant or its legal
counsel/representative at the appellant's business address.
The order of the Board of Directors of the EAA shall be final upon
its adoption. In the event the Board of Directors of the EAA fails
to reverse or modify the General Manager's order, it shall be
deemed affirmed.
6.18
APPEAL OF CHARGES AND FEES
Any user, affected party, permit applicant, or permittee affected
by any decision, action, or determination by the Agency staff,
relating to fiscal issues, including but not limited to the
imposition and collection of fees, such as pretreatment permit
charges, special purpose discharge use charges and wastehauler
fees, but excluding sewer use charges and non-compl iance fees set
forth in section 6, may file an appeal which shall be heard by the
Board of Directors of the EAA.
All appeals under this section 6.18 shall be conducted by the Board
of Directors of the EM in the same manner and under the same rules
as set forth in section 6.17 A through D, inclusive, above.
6.19
PAYMENT OF CHARGES
A.
Except as otherwise provided, all fees, charges and penalties
established by this ordinance are due and. payable upon receipt
of notice thereof. All such amounts are delinquent if unpaid
thirty (30) days after date of invoice.
Any charge that becomes delinquent shall have added to it a
penalty in accordance with the followinq:
B.
1.
Thirty-one (31) days after date of invoice, a penalty of
ten percent (10%) of the base invoice amount, not to
exceed a maximum of $1,000.00.
2.
sixty (60) days after date of invoice, a total penalty
of ten percent (10%) of the base invoice amount, not to
exceed a maximum of $4,000.00.
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C.
Any invoice outstanding and unpaid after ninety (90) days
shall be cause for immediate initiation of permit revocation
proceedings or immediate suspension of the permit.
Penalties charged under this section shall not accrue to those
invoices succ~ssfully appealed, provided the Agency receives
written notification of said appeal prior to the payment due
date.
D.
payment of disputed charges is still required by the due date
during Agency review of any appeal submitted by permittees.
6.20 COLLECTION
E.
collection of delinquent accounts shall be in accordance with the
Agency'S procedures for collection of delinquent obligations owed
to the Agency. Any action for collection may include an
application for an injunction to prevent repeated and recurring
violations of this ordinance.
6.21 RECOVERY OF COSTS INCURRED BY AGENCY
In the event permittee fails to comply with any of the terms and
conditions of the Agency's ordinance, a Notice of correction, a
permit suspension or revocation, an ECSA or a permit issued
hereunder, the Agency shall be entitled to reasonable attorney's
fees and costs which may be incurred in order to enforce any of
said terms and conditions, with or without filing proceedings in
court.
6.22
FINANCIAL SECURITY / AMENDMENTS TO PERMIT
A.
compli~nce De90sit
permi ttees that have been subj ect to enforcement as in sections
6.2-6.10 and/or collection proceedings may be required to deposit
with the Agency an amount determined by the General Manager as
necessary to guarantee payment to Agency of all charges, fees,
penalties, costs and expenses that may be incurred in the future,
before permission is granted for further discharge to the sewer.
B.
Delinauent Accounts
The Agency may require an amendment to the permit of any permittee
who fails to make payment in full of all fees and charges assessed
by the Agency, including reconciliation amounts, delinquency
penalties, and other costs or fees incurred by Permittee.
c.
BankrUÐtCY
Every Permittee filing any legal action in any court of competent
jurisdiction, including the United states Bankruptcy Court, for
purposes of discharging its financial debts or obligations or
seeking court-ordered, protection from "its creditors, shall, within
ten (10) days of filing such action, apply for and obtain the
issuance of an amendment to the permit by the Agency.
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D.
permit~mendments
The Agency shall review and examine Permittee I s account to
determine whether previously incurred fees and charges have been
paid in accordance with time requirements prescribed by this
ordinance. Agency may thereafter issue an amendment to the User's
permit in accordance with the provisions of section 3 and section.
6.22(E) of this ordinance.
E.
security
An amendment to a waste discharge permit. issued pursuant to
sections 6.22 (8) , (C), and (D), may be conditioned upon the
permittee depositing financial security in an amount equal to the
average total fees .and charges for two (2) calendar quarters during
the preceding year. Said deposit shall be used to guarantee
payment of all fees and charges incurred for future servic,s and
facilities furnished by Agency and shall not be used by the Agency'
to recover outstanding fees and charges incurred prior to the
Permittee filing and receiving protection from creditors in the
united states Bankruptcy Court.
F.
Return of security
In the event the Permittee makes payment in full .within the time
prescribed by this ordinance of all fees and charges incurred over
a period of two (2) years following the issuance of an amendment
to the permit puJisuant to Sections 6.22 (B), (C), and (D), the
Agency shall either return the security deposit posted by the
Permittee or credit the Permittee's account.
6.23
JUDICIAL REVIEW
A.
PurDose and Effect
pursuant to Section 1094.6 of the California Code of civil
Procedure, the Agency hereby enacts this part to limit to ninety
(90) days following final decisions in adjudicatory administrative
hearings the time within which an action can be brought to review
such decisions by means of administrative mandamus.
B.' pefint~ions
As used in this section, the followinq terms and words shall have
the following. meanings:
1.
Decision shall mean and include adjudicatory
administrative decisions that are made after hearing, or
after revoking, suspendinq, or denying an application for
a permit or a license:
çom'Dlete Record shall mean and include the transcript of
the proceedings, all pleadings, all notices and orders,
any proposed decision by the General Manager, the final
decision, all admitted exhibits, all rejected exhibits
in the possession of the Agency or its offices or agents,
all written evidence, and any other papers in the case:
2.
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Part~ shall mean a person whose permit has been denied,
suspended, or revoked.
Time Limit for Judicial Review
3.
c.
Judicial review of any decision of the Agency or its officer or
agent may be made pursuant to section 1094.5 of the Code of civil
Procedure only if the petition for writ of mandate is filed not
later than the ninetieth (90th) day following the date on which the
decision becomes final. If there is no provision for reconsider-
ation in the procedures governing the proceedings, the decision is
final on the date it is made. If there is provision for recon-
sideration, the decision is final upon the expiration of the period
during which such reconsideration can be sought: provided that if
reconsideration is sought pursuant to such provision the decision
is final for the purposes of this section on the date that recon-
sideration is rejected.
D.
PreDaration of the Record
. The complete record of the proceedings shall be prepared by the
Agency officer or agent who made the decision and shall be
delivered to the petitioner within ninety (90) days after he has
filed written request therefor. The Agency may recover from the
petitioner its actual costs for transcribing or otherwise preparing
the record.
E.
Extension
If the petitioner files a request for the record within ten (10)
days after the date the decision becomes final, the time within
which a petition, pursuant to Section 1094.5 of the Code of civil
Procedure, may be filed shall be extended to not later than the
thirtieth (30th) day following the date on which the record is
ei ther personally delivered or mailed to the petitioner or the
petitioner's attorney of record, if appropriate.
F.
Notice
In making a final decision, the Agency shall provide notice to the
party that the time within which judicial review must be sought is
governed by section 1094.6 of the Code of civil Procedure.
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SECTION 7
SEVERABILITY
SEVERABILITï
If any pr~ision of this ordinance or the a~lication to any or
circ~stances is held imalid, ~e remainder of the ordinance or
the application of such provision to other persons or other
circumstances shall not be affected.
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SECTION 8
(RESERVED)
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~FFECTIVE DATE
SECTION 9
The effective date of this ordinance shall be May 26, 1990.
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REGULATION 17
OF THE
ENCINITAS SANITARY DISTRICT
INDUSTRIAL SE~ŒR USE
...
'ihereas, the Ebcinitas Sanitary District will provide
for the maximum public benefit from the use of the District's
facilities. This shall be accomplished by regulating sewer.
use and wastewaterdisaharges, by providing equitable distri-.
bution of District's costs, and by providing procedures that
will allow the District to comply with the requirements placed
upon the District by other-regulatory agencies. The revenue
to be derived from the application of this Regulation shall be
used to defray all costs of providing sewerage service by the
District,' including, but not limited to, administration, opera-
tion, moni tor'ing, maintenance, financing, capital construction,
replacement and recovery and provisions for necessary reserves.
This Regulation shall be interpreted
the definitions set forth in Article II.
t .
the Regulation shall apply to the direct
of all liquid wa~tes carried by, and to,
District.
in accordance with
The provisions of
or indirect discharge'
facilities of the
~
. To comply with Federal and State of California policies,
and to. permit the District to meet applicable sta'ndards of
treatment plan effluent quality provisions are made in this
Regulation establishes .quantity limitations on all wastewater
discharges which may adversely affect District sewerage systems
treatment processes of effluent quality. It is the intent of
these limitations to improve the quality of wastewater received
'for treatment. This Regulation also provides for the regulation
.
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of the degree of wastewater pretreatment required, the
issuance of permits for wastewater discharge and the
establishment of penalties of violation of regulation
provisions.
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ARTICLE II
I. DEFINITION
As used in this Regulation:
. a.
b.
c.
.2)
. .
l)
"Industrial Dischargers" means any person, firm,
business or entity discharging non-domestic waste-
water to.the sewer system. Industrial Dischargers
are divided as follows:
Class 1 D~schargers: Dischargers subject to, or
potentially subject to, Federal C~tegorical Pre-
trea tment Standards.
Class 2 Dischargers: Dischargers of wastes of a .
quality or in quantities that may, in the judgment
o~ the District, adversely impact wastewater collec-
tion, .treatment or disposal or sludge. treatment disposal.
Class 3 Dischargers:
All other dischargers.
"Toxic Wastes" ~re any of the substances identified by
U.S. Environmental' Protection Agency consent decree as
a toxic waste.
0.' .',
3)
"Encina WPCF" is the Encina Water Pollution control
Facilities, of which Encinitas Sanitary District is
a member.
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4)
."District" shall mean the Encinitas Sanitary
District.
II. EFFECTIVE DATE OF REGULATION:
May 1, 1983
III~ DISCHARGE PERMITS
11 An Industrial Waste Discharge Permit shall be required
for all existing or proposed Class 1 and Class 2
. Industrial Dischargers.
2)
IndQs.trial Discharge Permit, valid for a period of up
to three (3) years, will be issued by the District.
3)
Applications for permit issuance shall be submitted,
upon receipt, to the District by appropriate industrial
dischargers. Permit applications shall include the
following information..
.8
a. ' Name, adð.ressand phone number of permit applicant:
b. Name of facility:
c. Location of discharger¡
d. Average and peak discharge flows:
e. Description of. the discharge: .
f. Signature of applicant or responsible official: and
g. Any other information request by the District.
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4)
Any application or information submitted by the appli-
cant to the District may be claimed as confidential by
the discharger. Any such claim must be asserted at the
time of submission' by stamping the words -"confidential
. .
b~~~n~~s,informa~iqq~ .on each ~age,containing ,such in-
formation. If a claim i~ asserted, the District will
treat the infor.mation in accordance wi th Chapte~ 4 0.,
Code of Federal Regulations, Part 2. If no claim is
. .
made at the time of submission, the District mày make.
the information available to the public. .
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5)
Where the Industrial Disçharger .becomes aware that
relevent facts were omitted or incorrect information
was submitted in the Industrial Discharger Permit Appli-
cation, the facts or corrected information shall be
promptly submitted to the District.
6)
The Industrial Discharger shall file a new application
to the District within 60. days of the following:
a.
Significiant change.in tha nature of the wastewater.
Increase 'inflow beyond that specified in the
. .
Industrial Discharge Permit.
b.
. c.
Other circumstances which result in material change
in character, amount or location of the discharge.
Any planned changes in the regulated. facility or
activity which ~y result in noncompliance with the
requirements in this. Ordinance.
d.
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IV.
DISCHARGE PROHIBITIONS
.
All discharges of wastewater to the District sewer system
shall comply with the following:
~,"}:
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1)
The pH of wastes discharged shall at all times be within
the range of 6.0 to 9.5.
.-
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2)
Heat in discharged wastewater shall. not cause the
temperature of wastewater entering the headworks of
the Encina WPCF plant to exceed 40°C (104°F).
Y.'
3)
Radioactivity in the effluent sh~ll not exceed the
limits specified in Title 17, Chapter 5, Subchapter 4,
Group 3, Article 5, Section 30287, of the California
Administrative Code.
4)
Discharge of the following wastes in the publi~ sewer
system is prohibited:
a.
Any solids or vis~ious substances of such size or
in such quantity that may cause obstruction of the
flow in the sewer or to be detrimental to proper
wastewater treatment plant operations.
These objectionable substances include, but are not
. .
limited to: asphalt, dead animals, off~l, ashes, sand,
mud, straw, industrial process shavings, metal, glass,
rags, feathers, tar, plastics, wood, whole blood,. bones,
hair, coffee grounds, egg shells, seafood shells, flashings,
entrails, paper dishes, paper cups, milk containers or
other similar paper products either whole or ground.
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b.
Any non-biodegradable cutting oil commonly called
soluble oil, which forms persistent emulsions.
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c.
Any wastes with excessively high ,BOD, COD or de-
composable organic contents.
d.
Any strongly odorous waste or waste which can
create odors in receiving waters of sewerage
systems.
e.
Any exces~ive amounts or organic phosphorous type
compounds.
Any waste containing substances that may precipitate,
solidify or become viscious at temperatures between
50° and 100°F.
"
f.
g.
Any waste producing excessive discoloration of waste-
water or treatment plan effluent.
h.
Regeneration wastes from industrial softeners and
deionizers.
.
i.
Any water added for purposes of diluting wastes
which would otherwise exceed applicable maximum
concentratiònlimitations.
j ..
Any waste which may create a fire or explosion hazard
in the wastewater collection or treatment program.
k.
Any waste prohibited by Federal standards from dis-
charge to the sewer system.
Any other wastes which may be specifically prohibited
by the District.
1.
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EFFLUENT DISCHARGE LIMITATIONS
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All permitted Industrial Dischargers to the .District's
. .
sewer system shall comply with the following effluent
discharge limitations unless special permit provisions
are approved for the discharge:
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1)
. -
Total heavy metal concentration of a 24-hoUr c;:omposite
sample shall not exceed 2.0 mg/l. . Total heavy m~tal
concentration of a grab sample shall not exceed 5.0
. mg/l.
.....
-...
2)
No cholorinated hydrocarbons shall be discharged to
the system in.any identifiable quantities.
ti
3)
No discharge shall contain sulfides in excess of O.l
mg/l.
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VII. . PROVISIONS
1)
, ,
Industrial waste permits issued do not authorize t:he.
. . ..
commission of any act causing injury to the property
of another, nor pr~tect the discharger from his liabi-
lities under fe~eral, state, or local laws, nor guarantee
. , ., , - . ...
the discharger a capacity right in the sewer system.
. ... . ,. ... .
. ~ .
2)
. .
, . ...
A copy of the Industrial waste. ;.Discharge Permit shall
be maintained at the industry so as to be available
at all times to personnel of the industry.
The industrial waste discharge permit is valid ,only ,for
a waste discharge volume stated in the application, and
at a discharge rate not exceeding the stated maximum
discharge rate. .
3)
4)
The discharger shall allow the District or an authorized
representative upon pres~ntation of credintials to:
a) Enter upon Discharger's premises where a regulated
discharge is located or where records must be kept
. under the. conditions of the Industry's Discharge
Permit¡
b) have access to and copy, åt reasonable times, any
. records, that must be kept under the conditions of
the Industry's Discharge Permit;
c)
inspect at reasonable. times any facilities, equipment
(including monitoring and cc;mtrol equipment), practices
or operations regulated or required under the industry's
discharge permit, and
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d)
sample or monitor at reasonable times, for the
purposes of assuring compliance with this regulation
or any applicable federal pretreatment standards,
any substances or parameters at any location.
5)
The industrial discharger must comply with all conditions
of this Regulation.. Noncompliance with any condition of
this Regulation is grounds for. (a) enforcement actions, .
(b) discharge permit revision or revocation or (c) the
denial of a discharge permit renewal application.
6)
The industrial discharger shall'furnish to the District
any information which may be requested to determine
whether cause exists for modifying, revoking or reissuing
a discharge permit. The discharger shall also furnish to
the District copies of any records required'to be kept
by the discharge permit.
7)
In the event of any change in name, ownership or control
of the company, the discharger shall notify th~ District
of such change, and shall notify the succeeding owner
or operator of the existence of the permit by letter,
copy of which shall be forwarded to the District at
least 30 days prior to such change.
/'
8)
In the event the d~scharger is unable to comply with any
of the conditions of the industrial waste'discharge permit
due to:
a.
Breakdown of waste treatment equipment.
Accident caused by human error.or negligence.
Other causes such as acts of nature.
_. b.
c.
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the discharger shall notify the District by telephone,
as . soon as he or h~s agents ~~ye kno~ledge. o,f the
incident, and confirm this nötification in writing
within two weeks of the telephone notification. The
written notification shall include perti~e~t informa-
tion explaining, reasons for the noncompliance, and
. . . . .
shall indicate what steps were taken to correct th~
problem, and the dates thereof, and what steps are
being taken to prevent the problem from recurring..
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9)
All wastes which are prohibited from discharging
into public sewers, including, but not limited to,
chemical solutions, acids caustic wastes, solvents,
oil and grease, screening, sludges and other solids
removed from liquid wastes, etc., shall be held in
impervious containers and disposed of at a legal point
of disposal, and in accordance with the provisions of
. .
Division 7.5 of the California Water Code. For the
purpose of this requirement, a legal poinü of disposal
. .
is defined as one for which waste discharge requirements.
have been prescribed by a Regional Water Quality
Control Board, which is in full compliance therewith.
Industrial dischargers identified as generators of toxic
solids wastes shall be notified of applicable requirements
. . .
promulgated under the Solid Waste Disposal Act, as
~ended, and the Resource Conservation arid Recovery Act and
. shall be-referred to theS'tate of California Department
of Health Services.
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11)
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¡ndustrial dischargers shall comply with applicable
toxic waste and pretreatment standards promulgated
in accordance with Sections 307 and 308 of the
.. '" ...
Federal Water Polution Control Act, or amendments
thereto.. Within 180 days of the date such pretreat-
. .
ment standards are promulgated, indùstrial dischargers
, ... .
subject to the. standards must submit a baseline monitoring
.report to the District and to the U.s. Environmental
Protection Agency detailing, in accordance with Section
403.12, Chapter 40, Code of Federal Register, as amended,
. the industry' s compliance statu~ with the regulations.
If the industry is in noncompliance, the report shall
include a time schedule outlining how the. industry will
achieve compliance within the date established for the
. .
applicable pretreatment standards. Progress reports,
monitoring and reports of compliance shall also, as
required by Section 403.l2, be submitted by the dis-
charger at the specified times.
.
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VIII.
SELF MONITORING AND REPORTING
. "
1)
All Class 1 and Class 2 dischargers shall be subject
to self-monitoring and reporting requirements.
2) . Self-monitoring and reporting requirements for e~ch
applicable discharger shall be determined by the District
. _. .
and included in the Industry's Discharge Permit. The
nature of the sampling and frequency of analysis and
reporting shall be based on the size and nature of
the discharge.
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3)
All sampling and analysis of wastewater shall be
performed in accordance with applicable test proce-
dures approved by.EPA at a laboratory certified for.
such testing by EPA or the State Pepartment or Health
Services.
.
4)
Self-monitoring programs shall, at the minimum,
consist of the following:
Class 1 Dischargers Subject to existing Cateqorical
Pretreatment Standards:
a) . Quaterly sampling and repor~ing for all toxic
constituents for which Federal Categorical Pre-
treatment Standards exist.
b)
Reporting of average and peak discharge flow rates
during the specified reporting period.
Any other sampling or reporting information so
required by the District.
c)
. Class 1 Dischargers Potentially Subject to Categorical
Pretreatment Standards and Class 2 Dischargers:
a)
Semi-annual sampling and reporting for all tox~c
constituents known to be in the discharge and for
which this Regulation specifies effluent limitations.
b)
Reporting of average and peak discharge flow rates
during the specified repo~ting period.
c)
Any other sampling or repo~ting information so re-
quired by the District.
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5)
Self-monitoring reports shall be signed by a duly
. .
~uthorized representative responsible for the over-
all operation of the facility from which the dis-
charge originates~ Each report shall contain the
following declaràtion:
. ~
"I declare under penalty of perjury that the foregoing
is true and co~rect."
DATE
March 24,1983
SIGNATURE
M. H. LUND
TITLE
SECRETARY - ENCINITAS SANITARY DISTRICT
Records shall be maintained by industrial dischargers
subject to self-monitoring by industrial dischargers
subject to self-monitoring requirements for a minimum
of three (3) years for:
The date, exact place, method and time of sampling
and the names of the person or persons taking the
samples ¡ .
The dates the analyses were performed¡
6)
a)
b)
c)
Who performed the analyses and the analytical
techniques used¡ and
d)
The r~sults of the analyses.
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IX.
ENFORCEMENT
.. ---
- .
1) The District shall enforce the industrial discharge
. regulations contained in t~is Regula.tion.:".-.-'.
. .
.. . .
2)
Compliance inspections of discharge permit holders
shall be regularly conducted by staff ofthè .District
of it's repres~ntatives. Reasonable efforts shall be
made to perform the inspections andco_ndllc~_r;a:~dom.
sampling of discharges for industries.'s~bject-.-~~existing ..
federal categorical pretreatment standards and semi~ .
annuallý for all other industries subject to self-
monitoring programs. Random sampling by the staff of
the District or it's representatives shall be performed
for wastewater constituents for which the industry must.
sample and analyze as part of a self-monitoring program.
Samples shall be analyzed at a laboratory certified for
such analy~es.
The District or it's representatives shall investigate
instances of noncompliance with requirements of this
Regulation or Federal Pretreatment Stan~ardsas indicated
by compliance or other inspections, random sampling, self-
monitoring réports or other surveillance. Investigations
. ..
shall be conducted with sufficient care.to produce
evidence admissible in enforcement proceedings or judicial
3)
actions.
Records shall be maintained for a minimum of.. ~ree years
for:
a) . The date, exact place, method and time of sampling
and the names of the person or persons taking the
sample:
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b)
The dates the analyses were performed.
Who performed the analyses and the analytical
techniques used.
...
c)
d)
The results of the analyses.
'.
4)
For violations or threatened violations which constitute
an imminent endangerment to the health or welfare of
persons, to the environment, or causes interference
with the operation of the Encina ~fPCF treatment plant,
the District shall take immediate and effective measures
to halt or eliminate the violations or threatened
violations. The District is authorized to take such
immediate actions upon notification by the Pretreatment
Program Coordinator of a dangerous discharge or
threatened discharge.
5)
For non-emergency violations, the District shall notify
the offending industry 'in writing of the violation,
reques~ing a response in writing from the. industry
indicat~ng why the violation occurred and what correc-
tive measure~ are being taken to insure that the viola-
.tiondoes not recur. The offending industry shall respond
to the request within seven (7) days of ~eceipt of the
violation notification.
6)
The District shall be empowered to revise ..discharge permit
effluent requirements, issue temporary effluent discharge
requirements, estabiish cocpliance time schedules, revoke.
Discharge Permits or modify in any ,other way Discharge
Permits of non-complying industries. For.non-emergency
-15-
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violations, such action may take a minimum of 30
days after notifyi~g the offendi~g.discharge. permit
. .
holder of noncompliance. Permit revisions or modi-
. -.
fications shall not be inconsistent with applicable
Federal Pretreatment Standards.
,.1
i
~i
. ¡
In instances of repealed and uncorrected non-emergency
violations, the District shall seek injuctive relief
and/or civil penalties against non-complying industries.
Civil penalties of a sum not to exceed $6,000.00 for
each day on which a violation occurs may be sought by
the District.
. .
8)
The names of industries in chronic noncompliance with
Federal pretreatment standards shall be annually noticed,
in accordance with EPA requirements, in the largest
daily newspaper published in the District's service area.
IX.
REPEAL -.
All regulations, ordinances, or parts of regulations
or ordinances inconsistent with the provisions of this
Regulation are hereby repealed.
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EXHIBIT C
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APPENDIX A
ENCINA WATER POLLUTION CONTROL FACILITY
DISCHARGE PERMIT EXEMPT LIST
The list of commercial enterprises below is a partial listing of
businesses that are exempt from industrial wastewater discharge
permitting, under normal operating conditions. The commercial
enterprises listed have the one commonality of having no process
wastewaters i.e., they only discharge, under normal operating
conditions, sanitary wastewaters with no pollutants exceeding any
local limits. Additionally, the listed enterprises, under normal
oper~ting conditions, have no potential to negatively impact the
Encina Water Pollution Control Facility. Therefore, they are
exempt from' the wastewater discharge permitting process. The
businesses that are listed below are only listed for the purpose
of guidance in determining those commercial enterprises that do not
normally need permitting. The business listing is not complete and
is not intended to be all-inclusive. If questions arise regarding
a general business category or a specific business sub-grouping,
then please call Chris Smith, Environmental Specialist at 438-3941
forfurther.clarification.
..
Accountant Services Offices
Administrative Consultant
Offices
Adult Education Centers
Advertising Services Offices
Air Travel Ticketing Agencies
Analytical Industrial Sales
Offices
Antique Shops
Appliance Sales Retail/Wholesale
Stores
Architectural Services Offices
Art Galleries & Museums
Art Supplies Retail/Wholesale
Stores
Attorney Offices
Automobile Sales (no servicing/
no repairs)
Automobile Parts & Supplies
Stores (no servicing/no
repairs)
Baby Clothing & Accessories
Shops
Bathroom Accessories & Supplies
Shops
Bicycle Sales & Accessories
Shops
Bookkeeping Service Offices
Bridal Shops
Broker Services Offices (all
types)
,.
Boutiques (Clothing & Acces-
sories)
Business Machines & supplies
Stores
Camera Sales & Supplies (no
developing on site)
Car Electronics Sales & Supplies
Stores
Chapels
Churches (without food services)
clothing Sales (New/Used)/
Alteration Stores
Collection Agencies/Credit
Consultants
Community Centers
Computer Sales, Services &
Schools
Convenience Market/stores
(Includes gas sales)
Copy Machines Retail/Wholesale
Sales Stores
Copying Services Offices
Cosmetic Supplies Stores
Counselor Services Offices
Craft Supplies Retail/Wholesale
Stores
Dance Studios
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Page Two
. Data Processing services
Dental Offices (Except Clinics)
Diet/Weight Control Centers
Discount Retail/Wholesale stores
Educational Services (except
auto repairs)
Electric supply Stores
Electronic Equipment/Supply
stores
Employment Services Offices
Engineers/Consultant Services
Offices
Eye Examination/Services/Glasses
stores
Family Planning/Relations
Offices
Financial Institutions/Services
Offices
Fitness Centers
Flowers/Florist Shops
Furniture Retail/Wholesale
Stores
Gift Shops
Government Offices
Guard & Patrol Services Offices
. Gymnasiums
Hairdressing Shops/Schools
Hardware Retail/Wholesale Stores
Health & Beauty Aid Supplies
Stores
Hobby Shops
Hospital Equipment/Supplies/
Rental Stores
Hot Tub & Spa Retail/Wholesale
stores
Hotels (no food preparation)
Income Tax Preparers Offices
Information Resource Centers
Inns (without food preparation)
Insurance Services Offices
Investment Services Offices
Jewelers Retail/Wholesale Stores
(no manufacturinq)
Job Counselinq Services Offices
Kitchen Equipment & Supplies
Retail/Wholesale Stores
Lawyer Services Offices
Libraries Public/private
Liquor Retail/Wholesale Stores
Lumber Retail/Wholesale Stores
4IÞ Mail Delivery/Supply Services
Stores
Mattress Retail/Wholesale Stores
Medical Equipment/Supplies
stores
Medical Offices (except clinics)
Motels (no food preparation)
Music Equipment/Supplies
Retail/Wholesale Stores
Office Buildings (no process
flow)
Office Equipment & Supplies
Retail/Wholesale stores
Paint Retail/Wholesale Stores
Pet Stores
Plant Shops
Real Estate/Realtor Offices
Restaurants (except cafeterias)
Rug Retail/Wholesale Stores
Shoe Retail/Wholesale Stores
Stationary supply Retail/
Wholesale Stores
Tanning Salons
Telephone Retail/Wholesale
Stores
Television Retail/Wholesale
Stores
Theaters (Movie/Live)
Thrift Shops
Tool Equipment & supply Retail/
Wholesale Stores
Unfinished Furniture Retail/
Wholesale Stores
Upholstery Fabrics Retail/
Wholesale Stores
Video Rental Stores and Arcades
Yacht/Boat Broker Offices
..., J T I
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