Ordinance Number 791091
ORDINANCE NO. 791
IXF)1 Biel I h ,1 Akla.,Vy Y_no # 6119 w
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AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RESCINDING ORDINANCE NO. 758, SECTION 6-6.13 OF
THE MUNICIPAL CODE, AND ADOPTING A NEW SECTION 6-6.13,
AMENDED WASTE DISCHARGE PRETREATMENT AND SOURCE
CONTROL PROGRAM
WHEREAS, the City of San Juan Capistrano is authorized by Government Code
Section 54739 to require the pretreatment of industrial waste which the South East Regional
Reclamation Authority has determined is necessary in order to meet the standards established by
Federal, State or other regulatory agencies in order to protect its treatment works and its proper
and efficient operation and the health and safety of its employees or the environment; and,
WHEREAS, on December 4, 1990, the City adopted Ordinance No. 679,
Establishing Regulations for the Discharge of Wastewater to Facilities of the South East Regional
Reclamation Authority System (the "Pretreatment Ordinance") in accordance with State and
Federal regulations; and,
WHEREAS, on November 3, 1992, the City adopted Ordinance No. 717,
amending certain provisions of the Pretreatment Ordinance; and,
WHEREAS, on January 3, 1995, the City rescinded Ordinance Nos. 679 and 717
and adopted Ordinance No. 758, amending certain provisions of the Pretreatment Ordinance; and,
WHEREAS, the City Council of the City of San Juan Capistrano has determined
at this time that it is in the best interests of the City to rescind Ordinance No. 758 and adopt an
amended Pretreatment Ordinance to comply with Federal regulations and add clarity to the
ordinance.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
R] X411 Cox,
Ordinance No. 758, Municipal Code Section 6-6.13, Articles 1 through 13,
inclusive, is repealed in its entirety.
-1-
092
SECTION 2. Utablishment of Waste Discharge Pretreatment and Source
Control Program.
Section 6-6.13, "Waste Discharge Pretreatment and Source Control Program,"
dated 1996, is hereby added to Title 6 of the Municipal Code, as set forth in Exhibit "A", on file
in the Office of the City Clerk.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this Ordinance, together
with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 18th day of
February 1997.
DAVID M. SWE LIN, MAYOR
ATTEST:
CITY CLE
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093
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 791 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on February 4 , 1997, and adopted at a
meeting held on February is , 1997, by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO S ,CITY CLERK
-3-
CITY OF SAN JUAN CAPISTRANO
ORDINANCE NO. 679 -Al -A2
WASTE DISCHARGE PRETREATMENT
AND
SOURCE CONTROL PROGRAM
Ars Ordinance of
Regulations for the Discharge
of Wastewater to Facilities
of the City of Sawn Juan Capistrano
Prepared by the
South East Regional Reclamation Authority
Industrial Waste Division
for the
City of San Juan Capistrano
Ajyt6,-& by
Table of Contents
Section Pacre
ARTICLE 1
GENERAL PROVISIONS
101 introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
102 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
103 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
104 Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
105 Applicability . . . . . . . . . . . . . . . . . . . . . . . 2
106 Availability of Sewage Facilities . . . . . . . . . . . . . . . . . . . . 3
107 Notice to Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE 2
DEFINITIONS AND ABBREVIATIONS
201
Definitions Contained in Publications . . . . . . . . . . . .
. 4
202
Definition of Terms . . . . . . . . . . . . . . . . . . . . .
. . . . 4
203
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 13
404
ARTICLE 3
. . . . . . . 17
405
AUTHORITIES AND POWERS
. . . . _ . . 17
301
Authority . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 14
302
Delegation of Authority . . . . . . . . . . . . . . . . . . .
. . . . . . 14
303
Enforcement Powers . . . . . . . . . . . . . . .
. . . . . . 15
ARTICLE 4
ADMINISTRATION
401
City of San Juan Capistrano . . . . . . . . . . . . . . .
. . . . . . 16
402
SERRA . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 16
403
Program Enforcement . . . . . . . . . . . . . . . . . . .
. . . . . . . . 17
404
Applications. . . . . . . . . . . . . . . .
. . . . . . . 17
405
wastewater Discharge Permits. . . . . . . . . . . . . .
. . . . _ . . 17
406
Inspections, Monitoring, and Enforcement. . . . .
17
407
Funding . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 17
408
Appeals . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 17
ARTICLE 5
GENERAL DISCHARGE PROHIBITIONS AND LIMITATIONS
501
Prohibited Discharges . . . . . . . . . . . . . . . . . . . . . . . .
. . 18
502
Prohibition on Dilution . . . . . . . . . . . . . . . . . . . . .
18
503
Prohibition on Siohazardous Wastes . . . . . . . . . . . . . . . . . .
. . 18
504
Prohibition on Toxic or Hazardous Wastes . . . .
. . 17
505
Prohibition on Warfare Agents . . . . . . . . . . . . . . . . . . .
. . 17
505
Limitations on Disposal of Spent Industrial. Solutions and Sludges . .
. . 17
507
Limitations on the Use of Grinders . . . . . . . . . . . . . . . . . .
. . 17
508
Limitations on Rainwater, Stormwater, and Street Drainage . . . . .
. _ 17
509
Limitations on Groundwater and Subsurface Drainage. . . . . . . . .
. _ 17
510
Limitations on Point of Discharge . . . . . . . . . . . .
. . 17
511
Limitations on Radioactive Wastes . . . . . . . . . . . . . . . . .
. . 20
512
Limitations on Unpolluted Water . . . . . . . . . . . . . . . . . . .
. . 20
513
Wastewater Strengths and Characteristics. . . . . . . . . . . . . .
1 20
514
Mass Emission Limit Determination . . . . . . . . . . . . . . . . . .
. . 21
515
Specific Local Limits . . . . . . . . . . . . . . . . . . . . .
. . 21
516
State Requirements . . . . . . . . . . . . . . . . . . . . . . .
. . 22
517
Federal. Requirements. . . . . . . . . . . .
22
N
Section Page
ARTICLE 6
WASTEWATER DISCHARGE PERMITS
601
Written Authorization . . . . . . . . . . . . . . . . . . . . . . . .
. . 23
602
Types of Wastewater Discharge Permits . . . . . . . . . . . . . . . .
. . 23
603
Transfer Prohibition . . . . . . . . . . . . . . . . . . . . . . . . .
. . 23
604
Change of Ownership . . . . . . . . . . . . . . . . . . . . . . . .
. . 23
605
Excess Capacity Charge. . . . . . . . . . . . . . . . . . . . . . .
. . 23
606
Out of Region Wastewater Discharge Permits . . . . . . . . . . . . .
. . 24
607
Required Information. . . . . . . . . . . . . . . . . . . . . . . .
. . 24
608
Confidential Information . . . . . . . . . . . . . . . . . . . . . . .
. . 24
609
Class I Wastewater Discharge (WD) Permit . . . . . . . . . . . . . .
. . 24
610
Class IT Wastewater Discharge (WD) Permit . . . . . . . . . . . . .
. 24
611
Class III Wastewater Discharge (WD) Permit. . . . . . . . . . . .
. . 25
612
Class IV Special Wastewater Discharge (SWD) Permit. . . . . . . . .
. . 25
613
Non -Industrial Wastewater Discharge (NIWD) Form . . . . . . . . . . .
. . 25
614
Wastewater Discharge Permit Applications . . . . . . . . . . . . . . .
. . 25
615
Special Wastewater Discharge Permit Applications. . . . . . . . . . .
. . 26
616
Non -Industrial Wastewater Discharge (MWD) Form Application.. . . . .
. 26
617
Wastewater Discharge Permit Renewal . . . . . . . . . . . . . . . . .
. . 27
618
Wastewater Discharge Permit Terms, Conditions, and Limitations. . . .
. . 27
619
Wastewater Discharge Permit Duration. . . . . . . . . . . . . . . .
. . 28
620
The City's Right of Revision. . . . . . . . . . . . . . . . . . . .
. . 28
ARTICLE 7
FACILITY REQUIREMENTS
701
Pretreatment . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 29
702
Spill Containment . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 29
702
Monitoring and Metering Facilities . . . . . . . . . . . . . . . . . .
. . 29
704
Drawing Submittals. . . . . . . . . . . . .
30
705
waste Minimization, Recycling, and Treatment . . . . . . . . . . . . .
. . 30
ARTICLE 8
INSPECTION, MONITORING, SAMPLING,
NOTIFICATION, AND REPORTING REQUIREMENTS
801
Inspection and Monitoring . . . . . . . . . . . . . . . .
31
802
Self -Monitoring and Reporting . . . . . . . . . . . . . . . . . . . . .
. 31
803
Report of Spill, Slug Loading, or Upset . . . . . . . . . . . . . . . .
. 23
804
Reporting of By-pass. . . . . . . . . . . . . . . . . . . . . . . . .
. 33
805
Compliance Report . . . . . . . . . . . . . . . . . . . . . . . . . .
. 34
806
Baseline Monitoring Reports . . . . . . . . . . . . . . . . . . . . .
34
807
Report on Progress in Meeting Compliance Schedules. . . . . . . . . . .
35
808
Report on Compliance with categorical Pretreatment Standards Deadline .
. 35
809
Semi -Annual Compliance Report . . . . . . . . . . . . . .
. 36
810
Right of Entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 36
811
Analytical Requirements . . . . . . . . . . . . . . . . . . . . . . . .
. . �6
812
Sample Collection . . . . . . . . . . . . . . . . . . . . . . . . . .
36
813
Timing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:36
82.4
Notification of Changed Discharge . . . . . . . . . . . . . . . . . . .
. 36
ii
Section
Pie
ARTICLE 9
ENFORCEMENT
901
Enforcement Scope . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 37
902
Notice of Noncompliance . . . . . . . . . . . . . . . . . . . . .
. . . . 37
903
Notice of Violation . . . . . . . . . . . . . . . . . . . . . .
. . . . 37
904
Administrative Orders . . . . . . . . . . . . . . . . . . .
. . . . 38
905
Wastewater Discharge Permit Suspension or Revocation. . . . . . .
. . . . 38
906
Termination of Service . . . . . . . . . . . . . . . . . . . . . .
. . . . 40
907
Emergency Suspension . . . . . . . . . . . . . . . . . . . . .
. . . . 40
908
Injunction . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 40
909
Civil Fines and Penalties . . . . . . . . . . . . . . . . . . .
. . . . 40
91.0
Criminal Penalties . . . . . . . . . . . . . . . . . . . . . . . .
. . . 42
911
Public Nuisance . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 42
912
Appeals to the City Manager . . . . . . . . . . . . . . . . . . .
. . . . 43
913
Appeals to the Council . . . . . . . . . . . . . . . . . . .
44
91.4
Judicial Review . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 45
91.5
Payment and Collection of Fees and Charges . . . . . . . . . . . .
. . . . 45
91.6
Recovery of Enforcement Costs . . . . . . . . . . . . . . . .
. . . . 46
927
Financial security Conditions . . . . . . . . . . . . . . . . .
. . . . 46
918
Report of Analysis . . . . . . . . . . . . . . . . . . . . . .
47
919
Damage to Facilities or Interruption of Normal Operation . . .
. . . . 47
920
Industrial Waste Pass Through . . . . . . . . . . . . . . . . . .
. . . . 47
921
Batch Dumps . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 47
922
Publication of Users in Significant Noncompliance (SNC) . . . . .
. . . . 47
ARTICLE 10
FEES AND CHARGES
1001 Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
1.002 .Annual Wastewater Discharge Permit Fees . . . . . . . . . . . . . . . . 48
1003 Inspection, Monitoring, and Sampling Charges . . . . . . . . . . . . . . . 48
1004 Delinquency Fees . . . . . . . . . . . . . . . . . . . . . . 48
1005 Additional Fees and Charges . . . . . . . . . . . . . . . . . . . . . . . 48
1.006 Recording of Fees and Charges . . . . . . . . . . . . . . . . . . . . . . 48
ARTICLE 11
SEVERABILITY
1101 Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
ARTICLE 12
REPEAL
1201 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
ARTICLE 13
EFFECTIVE DATE
1301 Effective Sate. . . . . . . _ . . . . . . . 49
iii
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS:
ARTICLE 1
GENERAL PROVISIONS
101 INTRODUCTION
A. The City of San Juan Capistrano (City) is a general law city incorporated in 1961.
The City provides several services to its residents and commercial establishments
including wastewater treatment and disposal. As part of the South East Regional
Reclamation Authority (SERRA), the City contracts with SERRA to provide wastewater
treatment at the J.B. Latham Treatment Plant located in the City of Dana Point; the
treated wastewater is then discharged to the ocean.
B. SERRA is governed by its own Board of Directors (Board) with each director
representing a member agency. Member agencies join together in various project
committees to construct and operate joint wastewater collection., treatment and
disposal facilities. SERRA Ocean Outfall is the key facility in the SERRA system.
Treated wastewater is discharged to the outfall from SERRA and member agency
wastewater treatment plants.
C. SERRA is the lead agency responsible for the implementation of the provisions
contained in this ordinance. The City, a member agency of SERRA may opt to
administer and enforce these provisions under SERRA's oversight, or may contract
with SERRA to have these services directly to the City. An interagency agreement
has been adopted between the City and SERRA that defines each agencies' duties and
responsibilities. This interagency agreement is on file at the City and SERRA
offices.
102 OBJECTIVES
A. The objectives of this ordinance is to:
1, Ensure compliance with various regulatory agencies and the National Pollutant
Discharge Elimination System (NPDES) requirements.
2. Prevent the introduction of pollutants and interference with sewage facility
operations from heavy metals and non -compatible wastes discharged to the public
sewer.
3. Completely state the goals, objectives and procedures for complying with federal
pretreatment standards.
4. Prevent municipal sludge contamination.
5. Improve the opportunity to recycle and reclaim wastewaters and sludges from the
sewage treatment system.
6. Encourage waste minimization and material substitution by industrial users.
7. Protect City employees and the general public who may be affected by wastewater,
sludge and chemical hazards.
8. Encourage the reuse, recycling and reduction of water, industrial wastewater and
sludge discharged to the sewer system.
9. Minimize the discharge of volatile organic compounds that could individually or
collectively contribute to a decrease in the quality of air emission from City
and SERRA sewage facilities.
10. Establish an effective monitoring program for the control of industrial
wastewaters.
11. Establish an enforcement response plan (ERP) that ensures equal treatment to all
dischargers.
72. Equitably distribute costs.
13. Prevent the introduction of pollutants into sewage facilities that can pass
through the treatment works, inadequately treated, into the receiving waters,
or otherwise be incompatible with the sewage facilities.
- 1 -
102 OBJECTIVES (cont_
B. This document incorporates necessary modifications to implement and enforce current
federal, state, City and SERRA standards.
C. It will continue to be City's objective to identify all industrial/commercial users
who discharge or have the potential to discharge toxic pollutants, noncompatible
or excessive amounts of compatible wastes to the sewer system.
103 PURPOSE
A. The purpose of this ordinance is to:
1. Provide for the maximum public benefit from the use of City facilities. This is
accomplished by regulating sewer use and wastewater discharges by providing
equitable distribution of costs in compliance with applicable state and federal
regulations and by providing procedures that will allow the City to comply with
requirements placed upon it by other regulatory agencies. Any revenues derived
from the application of this ordinance may be used to recover the cost of
providing services by the City which include but are not limited to
administration, monitoring, and enforcement.
2. Comply with federal and State of California regulations which allow the City to
meet. applicable standards of treatment plant effluent and ocean outfall quality.
This ordinance establishes quality and quantity limitations on all wastewater
discharges whether or not the discharges adversely affect the Cities sewage
facilities, processes, ocean outfall effluent quality, or inhibit the Cities
ability to meet its specific discharge limitations. It is the intent of these
limitations to improve the quality of wastewater being received for treatment
and to encourage water conservation by all users connected to a public sewer.
It is the Cities intent to discourage the increase in quantity (mass emission)
of waste constituents being discharged. This ordinance also imposes pretreatment
requirements on the degree of waste authorized to be discharged to the city
sewage facilities; provides for the issuance of wastewater discharge permits to
impose additional case -by --case requirements, as appropriate, and establishes
fees and other penalties for noncompliance and/or violation of this ordinance.
104 POLICY
A. The policy of this ordinance is to be:
1. Interpreted in accordance with the definitions set forth in Article 2. The
provisions of this ordinance shall apply to the discharge of all wastes carried
to City facilities, and have been liberally construed so as to effectuate the
environmental purposes, objectives, and other provisions set forth herein.
Committed to wastewater reclamation and reuse in order to provide an alternate
source of water supply. The adoption of programs for reclamation through
secondary and tertiary wastewater treatment processes may necessitate more
stringent quality requirements on wastewater discharges. In the event that more
stringent quality requirements are necessary, this ordinance shall be amended
to reflect those changes.
Committed to the beneficial use of sludge. The adoption of programs to land
apply or provide for the marketing and distribution of sludge may necessitate
more stringent quality requirements on waste water discharges. In the event that
more stringent quality requirements are necessary, this ordinance shall be
amended to reflect these changes.
4. Committed to compliance with all applicable state and federal laws including the
Clean Water Act (33 United States Code 1251 et seq.) and the general
pretreatment regulations (40 CFR 403).
105 APPLICABILITY
A. This ordinance shall apply to industrial
industrial users outside the City region
agreement, make use of city facilities.
2
users within the City region and to
who, by wastewater discharge permit or
106 AVAILABILITY OF SEWAGE FACILITIES
A. if sewage capacity in the sewage treatment plant as a whole is not available, the
City may restrict discharge of existing industrial users until sufficient capacity
can be made available. The City may refuse immediate service to new users where
their proposed quality or quantity of wastewater is unacceptable to the available
treatment/disposal facilities.
107 NOTICE TO EMPLOYEES
A. The City may provide one {l} copy of this ordinance to each user, that has received
a wastewater discharge permit, upon request.
B. Users who are issued a wastewater discharge permit may make it available to their
employees copies of this ordinance.
C. Users who are issued a wastewater discharge permit may make copies it so as to have
it available to all personnel at all times.
D. A Notice may be permanently posted in prominent places advising employees to call
the City in the event of an uncontrolled spill or discharge as soon as possible and
to make the report as indicated in this ordinance. The Notice shall provide for
necessary instruction and information, including but not limited to:
1. SERRA phone numbers.
2. City phone numbers.
3. Recording the time of the incident.
4. Name and location of user.
5. Type, concentration and volume of the discharge.
6. Corrective action taken.
7. Name of person reporting the incident.
- 3 -
ARTICLE 2
DEFINITIONS AND ABBREVIATIONS
261 DEFINITIONS CONTAINED IN PUBLICATION
A. Unless otherwise defined herein, terms related to water quality shall be defined
in the same manner as in the latest edition of Standard Methods for the Examination
of water and Wastewater, published jointly by the American Public Health
Association (APHA), The American Water works Association (AWWA), and the water
Environment Federation (WEF).
B. The testing procedure for waste constituents and characteristics shall be as
provided in 40 CFR 136 (Code of Federal Regulation; Title 40; Protection of
Environment; Chapter 1, Environmental Protection Agency; Part 136 Test Procedures
for the Analysis of Pollutants), or as specified in this Ordinance.
202 DEFINITION OF TERMS
A. The definitions in this ordinance are not intended to narrow the scope of
definitions set forth in federal or state regulations. Unless the context
specifically indicates otherwise the following terms, or pronouns used in their
place, shall be interpreted as follows:
1. Act or "the Act". The Federal Water Pollution Control Act also known as the
Clean Water Act (CWA) as well as any amendments, guidelines, limitation or
standards promulgated by the USEPA pursuant to the Act, (33 USC 1251 et seq).
2. Approval Authority. Refers to the U5 Environmental Protection Agency (USEPA),
the California State Water Resources Control Board (SWRCB), or the local
California Regional water Quality Control Board (RWQCB).
3. Authorized Representative. An individual designated by the user, who is
responsible for signing all monitoring reports to the City, and who is defined
by USEPA regulations as set forth in 40 CFR 403.12(1).
4. Baseline Monitoring Report (BMR). A required report for all industrial users
subject to a categorical pretreatment standard. A BMR provides information that
documents an industrial user's compliance status with all applicable
pretreatment standards.
S. Batch Dump. The discharge of toxic pollutants or compatible wastes in a manner
or method that is not approved or is prohibited by the City_
6. Best Available Technology (RAT), 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.
7. Best Practicable Technology BPT . A level of technology represented by the
average of the best existing wastewater treatment performance levels within an
industrial category.
B. Biochemical Ox en Demand BOD). The quantity of oxygen, expressed in mg/L,
utilized in the biochemical oxidation of organic matter in domestic or other
wastewater as determined by the appropriate testing procedure.
9. Biodegradable. Organic matter that can be broken down by bacteria to more
stable forms which will not create a nuisance or give off offensive odors.
10. Bichazardous Waste. Materials which are likely to transmit etiologic agents
which cause, or significantly contribute to the cause of, increased morbidity
or mortality of human beings as set forth by the California Medical Waste
Management Act.
11. Building Sewer. The entire length of private sewage service lateral extending
from the facility or structure to be served to the public sewer main.
- 4 -
202 DEFINITION OF TERMS (Cont)
12. By -Pass. Any intentional diversion of waste streams around any portion of a
user's treatment facility.
13. Capistrano Beach Water District (CBWD). One of the member agencies of SERRA.
14. Chain of Custody. 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.
15. Chemical Oxygen Demand (COD). The total quantity of oxygen expressed in mg/L,
required for the oxidation of organic matter in domestic or other wastewater as
determined by the appropriate testing procedures.
16. City. The City of San Juan Capistrano (CSJC or City).
17. City Council or Council. The City Council of the City San Juan Capistrano.
16. City Manager. The individual duly designated by the Council of the City to
Administer this ordinance.
19. Class I User. Any user that meets the def inition.of the significant industrial
user (SIU) as set forth in this ordinance.
20. Class II User. Any user that discharges toxic pollutants or non -compatible
wastes and not a significant industrial user which may .impact the City sewage
facilities.
21. Class ISI User. Any user that discharges compatible wastes or conventional
pollutants, other than, domestic wastewater, which may impact the City sewage
facilities.
22. Class IV User. Any user that is issued a special wastewater discharge permit
to discharge unpolluted water, or treated groundwater to the City sewage
facilities.
23. Code of Federal Regulations (CFR). A publication of the United States
Government which contains all of the proposed and finalized federal regulations,
including environmental regulations.
24. Compatible Waste. Waste that does not contain toxic pollutants and is mostly
biodegradable. This may include a combination of, but not limited to,
conventional pollutants or other wastes that the City sewage facilities are
designed to accept and/or remove.
25. Composite Sample. A collection of individual samples obtained at intervals
during a specified period of time. The resulting mixture, a composite sample.,
forms a representative sample of the wastestream discharged during the sample
period.
26. Conventional Pollutants. Those pollutants which are designated pursuant to
Section 304(x)(4) of the Act which include, biochemical oxygen demand, total
suspended solids (TSS), fecal coliform, pH, and oil and grease.
27. Cooling water. The water discharged from any use such as air conditioning,
cooling or refrigeration, to which no pollutant has been added except heat.
28. Corrosion or Corrosive. 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.
29. Cyanide (Amenable). Those cyanides amenable to chlorination as described in 40
CFR X36.3.
30. Dana Point Sanitary District DPSD . One of the member agencies of SERRA.
T 5
202 DEFINITION OF TERMS (cont)
31. Development. Parcel of land on which dwelling units, commercial or industrial
building, or other improvements are built.
32. Discharger. Any person or entity which discharges or causes a discharge of
wastewater to a public sewer as defined by the USEPA, including but not limited
to stationary discharges as well as those transported to the facility by truck,
rail or otherwise introduced into the treatment facility. May be interchangeable
with industrial user, permittee, person or user.
33. Discharge Requirements. The requirements of federal, state or local public
agencies having jurisdiction over the effluent discharged into the public sewer
or the environment.
34. Disposal,. Release to the sanitary sewer system or to the environment.
35. Dissolved Oxygen (DO). The amount of oxygen dissolved in water or wastewater,
usually expressed in milligrams per liter (mg/)•
36. Domestic wastewater. The liquid and solid waterborne wastes derived from the
ordinary living processes of humans of such character as to allow satisfactory
disposal, without special treatment, into a public sewer.
37. Effluent. Usually water or wastewater discharged partially or completely
treated or untreated from an industrial user or treatment plant, or part
thereof.
38. Enforcement. A series of progressively more stringent actions used to seek and
ensure compliance with federal, state or local laws, regulations, limitations
and this ordinance. Any enforcement may include monetary fees, fines or
penalties.
39. Environmental Protection A enc (USEPA). The Agency of the United States
Federal Government responsible for overseeing the National Pretreatment program.
40. Fee. Any amount assessed to a discharger for the use of any portion of the
City's sewage facilities which shall include, but not be limited to, connection
fees for new customers, monthly sewer service, wastewater discharge permit,
excess capacity fee, industrial wastewater treatment, laboratory testing,
industrial inspection, and monitoring fees.
41. Flashpoint. 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.
42. Flow Monitoring Facilities. Equipment and structures provided at the user's
sole expense to measure, totalize, record and/or sample incoming water to the
facility or the wastewater discharged to the public sewer.
43. Grab Sample. An individual sample collected from a waste stream with no regard
to flow and without consideration of time of day. The time allotted to collect
the sample shall not exceed fifteen (15) minutes.
44. Grease. Includes, but is not limited to waxes, fats, oils and other non-
volatile materials as determined by the appropriate testing procedures.
45. Groundwater. Water beneath the earth's surface between saturated soil and rock.
45. Hazardous Waste. Any waste that is potentially damaging to environmental health
because of toxicity, ignitability, corrosivity, chemical reactivity or other
reasons.
47. Industrial User (also referred to as an indirect Discharger). Any user that
discharges water carried wastes and wastewater into the City's sewage facilities
that has pollutants different or stronger than those contained in domestic
sewage or is subject to categorical standards as defined by USEPA regulations
as set forth in 40 CFR 403.3(h) and as identified in the Standard Industrial
Classification Manual current edition. May be interchangeable with discharger,
permittee, person or user.
- 6
202 DEFINITION OF TERMS (coat)
48. Industrial Wastewater, All water -carried wastes and wastewater of the community
excluding domestic wastewater, including all wastewater from any producing,
manufacturing, processing, agricultural, or other operations. These may also
include wastes of human origin similar to domestic wastewater.
49. Inspector. A person authorized by the City Manager to inspect and/or monitor
any industrial user discharging or anticipated discharge of wastewater to any
City sewage facility.
50. Interceptor, A device to provide a quiescent environment for the separation of
undesirable matter from discharged wastewater that allows the liquid wastes to
be discharged into City facilities. This pretreatment may be referred, to as a
trap, separator or clarifier.
51. interference. Any discharge which, alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the City's sewage
facilities, its treatment processes or operations or its sludge processes, use
or disposal and therefore, is a cause of violation of City's NPDES permit
(including an increase in the magnitude or duration of a violation) or prevents
lawful sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or wastewater discharge permits issued
thereunder, or any more stringent state or local regulations: Section 405 of the
Act; the Solid Waste Disposal Act, including Title II commonly referred to as
the Resource Conservation and Recovery Act (RCRA); any state regulations
contained in any state sludge management plan prepared pursuant to Subtitle D
of the Solid Waste Disposal Act; the Clean .Air Act; Toxic Substances Control
Act; and, the Marine Protection, Research, and Sanctuaries Act.
52, Inter'urisdictional Acrreements Also referred to as Interagency A reements .
An agreement between SERRA and any individual or combination of member agencies,
that defines the authority and responsibility to implement the waste discharge
pretreatment and source control program and to enforce the regulations contained
in this ordinance within the individual and/or combination of member agencies,
or other local sewering agency service area.
53. Local Limits. A set of technically based discharge limits that are determined
by the City and/or SERRA and approved by the USEPA or the ,state. These limits
protect the City's and SERRA's facilities and assist in preventing the violation
of the NPDES permit requirements or sludge contamination. These limits are to
be reviewed on a five year period.
54- Local Sewering AcTenc . Any public agency or private company responsible for the
collection, treatment and disposal of wastewater to City's sewage facilities
duly authorized, under the laws of the State of California to construct and/or
maintain public sewers.
5.5. Lower Ex losive Limit LEL . The point where the concentration of a gas in air
is sufficiently large to result in an explosion if an ignition source
(sufficient ignition source) 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 combinations of
constituents.
57. Material Safety Data Sheet (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.
58. May. Permissive.
59. Member A enc . Any one, combination, or all of the individual districts or
cities which are members of SERRA. They are: the Capistrano Beach Water District
(CBWD), Dana Point Sanitary District (DPSD), Moulton Niguel Water District
(MNWD), City of San Clemente (CSC), City of San Juan Capistrano (CSJC), and the
Santa Margarita Water District (SMWD).
- 7 -
202 DEFINITION OF TERMS (cont)
60. Micr..ograms Per Liter (ug/L). A unit of concentration, of water or wastewater
constituents. It is 0.041. gram of constituent in one thousand (1, 000) liters of
water. It replaces the unit formerly used, parts per billion, to which it is ap-
proximately equivalent in reporting results of water and wastewater analysis.
61, Milligrams Per Liter (mg/L) . A unit of the concentration of water or wastewater
constituents. It is 1.0 gram of constituent in one thousand (1,000) liters of
water. It replaces the unit formerly used, parts per million, to which it is
approximately equivalent in reporting the results of water and wastewater
analysis.
62. Moulton Niguel Water District (MNWD). One of the member agencies of SERRA.
63. National Pollutant Discharge Elimination System (NPDES). The document issued
in the control of discharges to surface waters of the United States as detailed
in Section 402 of the Act.
64. National Pretreatment Standards. Includes the following terms: "Prohibited
Discharges,', "General Prohibitions", "Specific Prohibitions" "Local Limits",
"Categorical Standards" "Categorical Pretreatment Standards" "Pretreatment
Standards" and "Standards". These terms apply to any pollutant discharge
regulations that are promulgated by the USEPA in accordance with Section 307 (b)
and (c) of the Act that limits and or prohibits the wastewater discharged by
industrial users into the public sewer system.
65. New Source. Those sources that are new as defined by 40 CFR 403.3(k).
66. bion --Compatible Waste. Waste that contains toxic pollutants which could pass-
through or cause interference if discharged to the City sewage facilities.
67. Won --industrial Wastewater Discharge (NIWD) Form. A fora issued by the City and
SERRA to users that are considered to have no industrial wastewater of concern
discharging to the sewer system.
68. Normal Working Day. Any time that a user is discharging to the sewer.
69. 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 number of persons,
although the extent of the annoyance or damage inflicted upon individuals may
be unequal.
70, Ordinance. That document entitled "An Ordinance of Regulations for the
Discharge of Wastewater to Facilities of the City of San .Tuan. Capistrano"
containing City requirements, conditions and Limitations for discharging to the
sewer system, as may be amended and modified.
71. Pass Through. The discharge through City sewage facilities to navigable waters
which, alone or in conjunction with discharges .from other sources, is a cause
of a violation of the City's NPDES permit (including an increase in the
magnitude or duration of a violation).
72. Permittee. A person who has received a wastewater discharge permit to discharge
wastewater pollutants into the City sewage facilities subject to the
requirements and conditions established by the City. May be interchangeable with
discharger, industrial user, person or user.
73. Person. Any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust, estate, tenant, lessee, renter,
governmental entity, or any other legal entity; or their legal representatives,
agents or assigns. This definition includes all federal, state and local
government entities. May be interchangeable with discharger, industrial user,
permittee or user.
8
202 DEFINITION OF TERMS (cont)
74. Pesticides. Those compounds including, but not limited to, DDT
(dichlorodiphenyltrichloroethane, both isomers), DDE (dichloradiphenylethylene),
DDB(dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha, beta
and gamma isomers), Chlordane, Endrin, Endrin aldehyde, TCDD (2,3,7,8 -
tetrachlorodibenzo-p-dioxin), Toxaphene, Alpha- endosulfan, Beta- endosulfan,
Endosulfan sulfate, Heptachlor, Heptachlor epoxide and Dieldrin.
75. pH. A measure of the acidity or alkalinity of a solution.
76. Pollutant. Any substance, constituent or characteristic of wastewaters on which
a discharge limitation may be imposed either by the City or the regulatory
agencies empowered to regulate the City.
77. Polychlorinated Biphenyls (PCBs). Those compounds including, but not limited
to Aroclors 1016, 1221, 1232, 1242, 1248, 1254 and 1260.
78. Pretreatment. The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to discharge into city sewage facilities. The reduction or
alteration can be obtained by physical, chemical, or biological process, or
process changes by other means except as prohibited by 40 CFR 403.6(d).
79. Pretreatment Facilitv. Any works or devices for the treatment or flow
limitation of wastewater prior to discharge into a public sewer.
80. Pretreatment Requirements, Any substantive or procedural requirement related
to pretreatment imposed on a user, other than a pretreatment standard.
81, Prohibited Discharges also known as Prohibited Discharge Standards . Any
prohibitions against the discharge of certain substances; these prohibitions
appear in Article 5.
82. Public Agency, The State of California and any city, county, district, agency,
other local authority or public body of or within this state.
83. Publicly Owned Treatment Works PCTs . A treatment works as defined by Section
212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the City.
This definition includes any sewers that convey wastewater to the POTW treatment
plant, but does not include pipes, sewers, or other conveyances not connected
to the facility providing treatment.
84. Public Sewer. A sewer owned and operated by the City, or member agency, or
other local sewering agency which is tributary to treatment or disposal sewage
facilities operated by the city and SERRA.
85. Rainwater. Water resulting from precipitation which directly falls upon a
parcel.
86. Regulatory Agencies. Those agencies having jurisdiction over the discharges
from the City, including, but not limited to, the following:
a. United States Environmental Protection Agency, Region TX, San Francisco and
Washington D.C. (USEPA).
b. California State Water Resources Control Board (SWRCB).
c. California Regional Water Quality Control Board (RWQCB).
d. South Coast Air Quality Management District (SCAQMD).
e. California Department of Health Services (DOHS).
9
202 DEFINITION OF TERMS (cont)
87. Representative Sample Point. A location set forth in the user's wastewater
discharge permit from which wastewater can be collected that is as nearly
identical in content and consistency as possible to that of the entire flow of
wastewater being sampled. For categorical dischargers, this point shall be at
the end of each regulated process, and for all other dischargers shall be
determined on a case-by-case basis.
88. Resource Conservation and Recover Act RCRA . The Act of 1976 to implement the
Conservation and Recovery of used or spent resources (42 U.S.C. 6901, et seq.)
and as amended.
89. Routine Sampling. Any sampling conducted prior to or during any enforcement
action initiated by the City. Sampling may consist of either grab or composite
samples or a combination of both.
90. S.ampl..incr.Facilities. Structure provided at the user's sole expense for the City
or the user to measure and record wastewater constituents, collection of samples
and/or provide access to terminate the discharge.
91. San Clemente, City of (CaCC). One of the member agencies of SERRA.
92. San Juan Capistrano, City of (CSJC). one of the member agencies of SERRA..
93. Santa Margarita water District (SMWD) . One of the member agencies of SERRA.
94, Scum. Any layer of matter or combination of air and matter that forms on or
rises to the surface of a liquid or body of water.
95. Sewage. wastewater.
96. Sewage Facilites. Any and all systems used for collection, conveying, pumping,
reclamation, reuse, transportation, treating or disposal of wastewater or
sludge.
97. Shall. Mandatory.
98. Significant industrial User (SIU). A user as defined by 40 CFR 403.3(t) which
includes the following:
a. All industrial users subject to categorical pretreatment standards under 40
CFR 403.6 and CFR Chapter I, Subchapter N; and
b. Any other industrial user that: discharges an average of 25,00 gallons per
day or more of process wastewater to the City (excluding sanitary, noncontact
cooling and boiler blowdown wastewater); contributes a process wastestream
which mares up five (5i percent or more of the average dry weather Hydraulic
or organic capacity of a treatment plant; or is designated as such by the
City as defined in 40 CFR 403.12 (a) on the basis that the industrial user has
a reasonable potential for adversely affecting the City's operation or for
violating any pretreatment standard or requirement (in accordance with 40 CFR
403. 8 (f) (6) ) .
c. Upon a finding that a user meeting the criteria in Section 202 97.b. has no
reasonable potential for adversely affecting the City's operation or for
violating any pretreatment standard or requirement, the City may at any time,
on its own initiative or in response to a petition received from a user, and
in accordance with 40 CFR 403,8(f) (6) , determine that such user is not a
significant industrial user.
- 10 -
202 DEFINITION OF TERMS cont
99. Significant Iron-Comliance
T p A compliance status of a user as defined by 40 CFR
403.8(f)(2)(vii) which includes the following:
a. Chronic violations of wastewater discharge limits, defined here as those in
which sixty--six percent (6631) or more of the wastewater measurements taken
during a six (6) month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
b. Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (330) or more of wastewater measurements taken for each
pollutant parameter during a six month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by the applicable
criteria (1.4 for BOD, TSS, fats, ail and grease, and 1.2 for all other
pollutants except pH);
c. Any other discharge violation that the City believes has caused, alone or in
combination with other discharges, interference or pass through, including
endangering the health of POTW personnel or the general public;
d. Any discharge of pollutants that has caused imminent endangerment to the
public or to the environment,or has resulted in the City's exercise of its
emergency authority to halt or prevent such a discharge;
e. Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining final
compliance;
f, failure to provide within thirty (30) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with
categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with schedules;
g. Failure to accurately report noncompliance; or
h. Any other violation(s) which, the City determines will adversely affect the
operation or implementation of the local pretreatment program.
100. Sludge. Any solid, semi --solid or liquid decant, subnate, or supernate from an
industrial process, utility service pretreatment facility, or treatment
facility.
101. Slug Load. Any discharge which at any flow and/or pollutant concentration,
causes interference with the POTW.
102. Solvent. Any substance that is used to dissolve another substance in it.
103. South East Regional Reclamation Authority. The Joint Powers Agency (JPA) which
is formed by the participating member agencies. The member agencies
individually and/or collectively use SERRA's sewers and/or treatment plants and
the Ocean Outfall. SERRA is the holder of the NPDES permit which states the
pretreatment and waste discharge requirements for the Ocean Outfall.
104. Spent Solutions. Any substance defined as a hazardous waste by RCRA and unable
to be used for its original purpose.
105. Spill Containment. Any protection system provided and installed at the user's
sole expense to prohibit the discharge to the sewer of non -compatible wastes.
106. Standard Industrial Classification S - I, C J . A system of classifying industries
as identified in the S.I.C. manual, current edition, as prepared by the Office
of Management and Budget.
107. Standard Methods. Procedures described in the current edition of Standard
Methods for the Examination of Water and Wastewater, as published jointly by the
American Public Health Association, the American Water Works Association and the
Water Environment federation.
202 DEFINITION OF TERMS cont
108. State Water Resources Control Board SWRCB . The California agency with overall
pretreatment program responsibility through delegation agreements with the
USEPA.
109. Stormwater. Water following a storm, which runs off, or travels over the ground
surface to a drainage area or channel.
110. Street Drainage. water resulting from surface runoff generated by rainwater
and/or stormwater.
111. Subsurface Drainage. A method of draining that is situated under the ground
(e.g., leachate control system).
112. Surface Runoff. Runoff other than that which is caused by rainfall, stormwater,
or street drainage (e.g., car wash runoff, washdown runoff) originating from a
user.
113, Suspended Solids. Any insoluble material contained as a component of wastewater
and capable of separation from the liquid portion by laboratory filtration as
determined by the appropriate testing procedures and expressed in terms of
milligrams per liter (mg/L).
114. Technical Review Criteria (TRC). An USEPA term that defines the magnitude of
a limits violation. The TRC is calculated by multiplying the daily average
maximum limit by the applicable TRC value (TRC=1.4 for BOD, TSS, fats, oils, and
grease, and 1.2 for all other pollutants except pH).
115. Total Organic Carbon (TOC). The measure of total organic carbon in domestic or
other wastewater as determined by the appropriate testing procedure.
116. Total Toxic Organics (TTO) . The sutra of the masses of concentrations of specific
toxic organic compounds in the industrial users process discharge at a
concentration greater than 0.01 mg/L.
117, Toxic Or anic Mana ement 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,
11B. Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic by
the USEPA under the provisions of Section 307(x) of the Act or other acts or
that can harm human health, aquatic life or the biological treatment processes.
119. Unpolluted Water, Water to which no constituent has been added either
intentionally or accidentally.
120. Upset. Any upset as defined by 40 CFR 403.16.
121. User. Any person or entity which discharges or causes a discharge of wastewater
to a public sewer, as defined by USEPA regulations. May be interchangeable with
discharge, industrial user, permittee or person,
122. Volatile. Natural (plant or animal origin) or synthetic substances that are
capable of being evaporated or changed to vapor at relatively low temperatures.
123. Waste. Sewage and any other waste substances, liquid, solid, gaseous or
radioactive.
124. Waste Manifest. That receipt which is retained by the generator of hazardous
wastes as required by the State of California 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 City.
125. Wastewater. Waste and water, whether treated or untreated, discharged into or
authorized to enter City sewage facilities.
12
202 DEFINITION OF TERMS (cont)
1.26. Wastewater Constituents and Characteristics. The individual chemical, physical,
bacteriological, radiological, volume, flow rate and such other parameters that
serve to define, classify or measure the quality and quantity of wastewater.
127. Wastewater Dischar e WD Permit . The periodically renewable and/or revocable
authorization from the City to an industrial user for the discharge of
wastewater. This wastewater discharge permit sets forth the limits and
conditions under which the industrial user shall be able to discharge wastewater
into sewage facilities.
B. Words used in this ordinance in the singular may include the plural and the plural
singular. Use of masculine shall mean feminine and the use of feminine shall mean
masculine.
203 ABBREVIATION
A. The following abbreviations shall have the designated meanings:
1.
"BAT"
Best Available Technology
2.
"BMR"
Baseline Monitoring Report
3.
"BOD"
Biochemical Oxygen Demand
4.
"BPT"
Best Practicable Technology
S.
"CFR"
Code of Federal Regulation
6.
"COD"
Chemical. Oxygen Demand
7.
"DO"
Dissolved Oxygen
8.
"USEPA"
Environmental Protection Agency
9.
"GPD"
Gallons per Day
10.
"GPM"
Gallons per Minute
11.
"IU"
Industrial User
12.
"L"
Liter
13.
"lb da "
Pounds Per Day
14.
"LEL11
Lower Explosive Limit
15.
"mcg;'
Milligrams
16.
"m L"
Milligrams Per Liter
17.
"MGD"
Million Gallons Per Day
18.
"MSDS"
Material Safety Data Sheet
19.
"NPDES"
National Pollutant Discharge Elimination System
20.
"O&G"
Oil and Grease
21.
"POTW"
Publicly Owned Treatment Works
22.
"PSES"
Pretreatment Standards for Existing Sources
23.
"PSNS"
Pretreatment Standards for New Sources
24.
"RCR.A"
Resource Conservation and Recovery Act
25.
"SERRA"
South East. Regional. Reclamation Authority
26.
"STC"
Standard Industrial Code
27.
"SIU"
Significant Industrial User
28.
"SNC"
Significant Non --Compliance
29.
"SWRCB"
State Water Resources Control Board
30.
"TDS"
Total Dissolved Solids
31.
"TOC"
Total Organic Carbon
32.
"TOMP"
Toxic Organic Management Plan
33.
"TRC"
Technical Review Criteria
34.
"TSS"
Total Suspended Solids
35.
"TTO"
Total Toxic Organics
36.
"USC"
United States Code
37.
[Ting "
Microgram
38.
"u L"
Microgram Per Liter
- 13 -
ARTICLE 3
AUTHORITIES AND POWERS
301 AUTHORITY
A. The City is regulated by Agencies of the United States Federal Government and the
State of California under provisions of federal and state law. Federal law requires
SERRA and the City and the state grants SERRA and the City the authority to
regulate and/or prohibit by adoption of ordinances, resolutions, and issuance of
wastewater discharge permits, the discharge of any waste, directly or indirectly,
to SERRA's or the City's sewage facilities. That authority includes, but is not
limited to, the right to establish local limits, conditions, prohibitions, flow
rates, prohibit flows discharged to the Cities sewage facilities, and enforce
federal, state and local requirements. This may require the implementation of
compliance schedules for the installation of flow monitoring facilities by Users
and for the City to take all actions necessary to enforce its authority, whether
within or outside City boundaries, including those Users that are tributary to the
City or within areas for which the City has contracted to ,provide sewerage
services.
B. The City has the authority under California Health and Safety Codes 5471 and 5474
to prescribe, revise, and collect all fees and to charge for services and
facilities furnished by the City and/or SERRA either within or without its regional
limits.
C. Administration and enforcement of the pretreatment program may be carried out on
a daily basis by any individual and/or combination of City personnel as granted by
an interjurisdictional agreement under the oversight of SERRA. However, SERRA
retains the authority to assume, at any time, administrative and enforcement powers
of the pretreatment program requirements within any the City's jurisdiction.
D. The City shall have the authority to seek compliance with 40 CFR 403.8(f)(1), its
NPDES permit and the provisions of this ordinance by, but not limited to, the
following:
1. Issue wastewater discharge permits.
2. Require the installation of pretreatment facilities.
3. Require the installation of monitoring and/or sampling facilities.
4. Require self-monitoring and reporting of the user's discharge.
5. Require the implementation of spill containment facilities and plans.
342 DELEGATION OF AUTHORITY
A. Whenever any authority or power is granted to or a duty imposed upon. the City
Manager, that authority or power may be exercised or that duty may be performed by
a person authorized by the City Manager.
- 14 -
303 ENFORCEMENT POWERS
A. Enforcement action against a user for being in non-compliance with the provision
of this ordinance shall include, but is not limited to, the following:
I. Issuing notice of non-compliance forms.
2. Issuing notice of violation forms.
3. Issuing administrative orders which include, but are not limited to, the
following:
a. Probation order
b. Show Cause order
C. Cease and Desist Order
4. Petition the courts for injunction or civil penalties.
5. Signing criminal complaints.
&. Suspension or revocation of issued wastewater discharge permits.
7. Termination of services.
8. Administrative complaints.
B. The issuance of an enforcement action shall not be a bar against, or a prerequisite
for, taking any other enforcement action against the user.
- 15 -
ARTICLE 4
ADMINISTRATION
401 CITY OF SAN JUAN CAPISTRANO
A, The City shall implement pretreatment and source control programs in accordance
with federal, state, and SERRA Regulations, the provisions of this ordinance, and
any interjurisdictional agreements.
B. if the City desires to perform its own pretreatment programs, it shall do so only
by interjurisdictional agreement with SERRA, under the oversight of SERRA,
C. Member agencies which operate their own treatment plant shall establish technically
based local limits. These limits shall be established in accordance with section
402 H. of this ordinance. These limits are to ensure that any user's effluent that
is discharged to the public sewer does not cause, but is not limited to, the
following:
I. Upset, pass through or interference of biological treatment process.
2. Upset, pass through or interference of sludge digestion process.
3. Generated sludge to be unable to meet regulatory standards for beneficial reuse
or unlimited distribution as defined by regulatory agencies.
4. Violation of any treatment plant NPDES permit limitations,
5, Cause pass-through which would cause SERRA to violate any discharge limits of
the Ocean Outfall
D. The City shall have the authority to use fees and charges provided for within this
ordinance when a user is in non-compliance.
E. The City shall provide SERRA. any and all information and submittals by users for
review and central filing.
F. The City, when performing its own program, shall keep SERRA appraised of all
activities on a regular and consistent basis. This may accomplished by several
means including correspondence, meetings, reports, etc.
402 SERRA
A. SERRA has the authority to implement pretreatment and source control programs in
accordance with Federal and State Regulations and the provisions of this ordinance,
and interjurisdictional agreements with the member agencies.
B. All forms used in the pretreatment program shall be approved by SERRA.
C. SERRA shall have the authority to, at any time, assume administration and
enforcement of this ordinance within the service area of any the City.
D. Upon notification to SERRA staff that a non-compliance discharge may be occurring,
SERRA staff have the authority to take steps to locate and terminate the discharge,
if the non-compliant discharge is not discontinued.
E. SERRA shall have the authority to review all applications, wastewater discharge
permits and any enforcement actions that have been taken.
F. All ordinances pertaining to waste pretreatment and source control programs shall
be reviewed by SERRA before implementation by the City.
G. The City, when performing its own pretreatment program shall be subject to audit
by SERRA.
H. SERRA shall oversee the establishment of technically based local limits for all
PO'1`W's within its service area. A review of the local limits shall be conducted
every five years. This review period shall start upon the EPA approval date of the
technically based local limits.
16
403 PROGRAM ENFORCEMENT
A. The City shall, have first priority authority to enforce the regulations contained
within this ordinance in accordance with, but not limited to, the following:
1. SERRA shall conduct the pretreatment and source control program for the City
unless otherwise directed by the interjurisdictional agreement with the City.
2. The City, when performing its own program, shall inform SERRA of all program
activity.
3. The City, when performing its own program, shall conduct routine sampling of
permitted users for constituents the industry must sample and analyze for as
part of their self-monitoring program, and inform SERRA of such activity.
404 APPLICATIONS
A. All applications for wastewater discharge permits shall be reviewed by the City and
SERRA.
405 WASTEWATER DISCHARGE PERMITS
A. All proposed wastewater discharge permits shall be reviewed by the City and SERRA
before being issued to the user.
B. All issued wastewater discharge permits shall be signed, identified and/or numbered
by SERRA.
406 INSPECTIONS, MONITORING AND ENFORCEMENT
A. SERRA shall be notified by the City when inspecting, monitoring, or enforcement
activities will or have already occurred. This may be done by, but not limited
to, the following:
1. Phone contact.
2. Submittal of written schedule reports.
3. Submittal of written status reports.
B. Emergency enforcement actions by the City shall be reported to SERRA by phone
within twenty-four (24) hours and by written report within five (5) days of their
notice to the user.
407 FUNDING
A. Upon review by SERRA, the City may establish a schedule of wastewater discharge
permit application fees, annual fees, sample analysis charges, and any other fees
or charges required to recover reasonable costs of implementing this waste control
program.
B. Costs incurred by the City for its pretreatment activity may be collected by, but
not limited to, invoicing directly to the industrial user.
408 APPEALS
A. The City shall have first priority to handle appeals in accordance with the
provisions of this ordinance.
1. Appeals on staff action shall be directed to the City Manager.
2. Appeals on the City Manager action shall be directed to the Council.
3. Actions by the Council shall be final.
B. SERRA shall have the authority to handle appeals where the City has no
jurisdiction, or fails to enforce against a user in accordance with the provision
of this ordinance or the interjurisdictional agreements.
ARTICLE 5
GENERAL DISCHARGE PROHIBITIONS AND LIMITATIONS
501 PROHIBITED DISCHARGES
A. These prohibitions apply to all users of the public sewer system. No user shall
discharge a quality or quantity of wastes or wastewater to the public sewer which
cause or will cause, either alone or by interaction with other substances:
I. A fire or explosion hazard based upon a closed cup flashpoint of less than 140
degrees fahrenheit (60°C) using the test method specified in 40 CFR 261.21.
2. Corrosive structural damage to sewage facilities.
3. Any solid or viscous substances in amounts that will cause obstruction of flow
or physical damage to sewage facilities.
4. Pass through or interference with the wastewater treatment process.
5. Inhibition of biological activity in the treatment process.
G. Danger to life and/or safety of any person.
7. Impairment of the effective maintenance or operation of any sewage facilities.
8. The presence of toxic gases, vapors or fumes, or poisonous, or malodorous gas
producing substances that may cause acute worker health and safety problems.
9. The final effluent or any other product of the treatment process, residue,
sludge, or scum to be unsuitable for reclamation, reuse, or disposal.
10. Discoloration or any other condition which effects the quality of the final
effluent in such a manner that discharge requirements established by regulatory
agencies cannot be met.
11. Conditions which violate any statute, rule, regulation, or ordinance of any
public agency or regulatory agency having jurisdiction over the discharge of
wastewater through the public sewer.
12. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin,
in amounts that will cause interference or pass through.
1.3. Causing the treatment plant's final effluent to fail a toxicity test.
B. No user shall transport waste from one location to another for the purpose of
treating or discharging it directly or indirectly to the public sewer without
written approval from the City.
C. No person shall discharge trucked or hauled wastes directly or indirectly to the
public sewer without written approval from the City.
502 PROHIBITION ON DILUTION
A. Except where expressly authorized to do so by an applicable standard, no user shall
increase the use of water, or in any other manner, attempt to dilute a waste being
discharged, as a partial or complete substitute for treatment to achieve compliance
with this ordinance and the user's wastewater discharge permit, or to establish an
artificially high flow rate for mass emission rates.
503 PROHIBITION ON INFECTIOUS WASTE
A. No user shall discharge a biohazardous waste to the sewer without rendering it
nonbiohazardous prior to discharge if the biohazardous waste is deemed to pose a
threat to public health and safety or will result in any violation of applicable
waste discharge requirements.
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504 PROHIBITION ON TOXIC OR HAZARDOUS WASTE
A. No person or user shall discharge directly or indirectly to the public ,sewer, any
substance that is defined as a toxic or hazardous waste by regulatory agencies,
except those wastes which meet the requirements of 40 CFR 403.12(p),
505 PROHIBITION ON WARFARE AGENTS
A. No user shall discharge, or cause to be discharged, any radiological, chemical, or
biological warfare agent into the public sewer.
506 LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL SOLUTIONS AND SLUDGES
A. Any spent solutions, sludges, and/or other wastes generated by the user that are
a hazardous waste and not treated on site shall be hauled by a registered hazardous
waste transporter. The user shall complete and maintain a hazardous waste manifest
that documents the transport.
B. All hazardous waste manifests shall be retained for a minimum of three (3) years
and shall be made available to the City upon request. The City may require a longer
period of retention if litigation is being considered.
C. No user shall batch dump to the public sewer without written approval from the
city.
507 LIMITATIONS ON THE USE OF GRINDERS
A. Wastes from industrial or commercial grinders shall not be discharged into a public
sewer, except wastes generated in packing or preparing food or food products. Such
grinders must shred the waste to a degree that all particles will be carried freely
under normal flow conditions prevailing in the sewage facilities.
508 LIMITATION ON RAINWATER STORMWATER AND STREET DRAINAGE
A. No user shall discharge or cause to be discharged into the public sewer any
rainwater, stormwater, or street drainage that exceeds the first one-tenth (1/10)
of an inch of precipitation from any storm event.
509 LIMITATIONS ON GROUNDWATER AND SUBSURFACE DRAINAGE
A. Groundwater and subsurface drainage shall not be discharged to the public sewer
system except as provided herein.
B. The City may approve the discharge of such water, by wastewater discharge permit
only, when no alternate method of disposal is reasonably available or to mitigate
an environmental risk or health hazard.
C. The discharge of such water shall require the following:
1. A Class Iv Special Wastewater Discharge Permit issued by the City, and
2. A letter from the local Regional water Quality Control Board to accept effluent
discharge into the public sewer, and
3_ Documentation from the user or user's consultant that all other alternate
methods of disposal have been exhausted, and
4. User shall pay all applicable fees and charges and shall meet any other
conditions as required by the City.
510 LIMITATIONS ON POINT OF DISCHARGE
A. No user, except the City who are involved in maintenance functions of sewage
facilities, shall discharge any wastewater directly into a manhole or other opening
in a sewer other than through an approved building sewer, unless approved by the
City upon written application by the user and payment of any applicable fees.
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51.1. LIMITATIONS ON RADIOACTIVE WASTES
A. No user shall discharge, or cause to be discharged, any radioactive waste into a
public sewer except:
1. When the user is authorized to use radioactive materials by the State Department
of Health or other governmental agency empowered to regulate the use of
radioactive materials, and
2. When the waste is discharged in strict conformity with current California
Radiation Control Regulations (Cal. Adm. Code Title 17) for safe disposal, and
3. When the user is in compliance with, all other rules and regulations of all other
applicable regulatory agencies, and
4. When a class II wastewater discharge permit has been obtained from the City.
512 LIMITATION ON UNPOLLUTED WATER
A. Unpolluted water such as deionized, steam waste, distilled, single pass cooling
water in excess of laboratory usage, blow -down or bleed water from cooling towers,
or other evaporating coolers exceeding thirty-three percent (330) of the make-up
water, shall not be discharged directly or indirectly to the public sewer.
B. The City may approve the discharge of such water, by wastewater discharge permit
only, when no alternate method of disposal or reuse is reasonably available or
there is need to mediate an environmental risk or health hazard.
C. The discharge of such water shall require the following:
1. A Class IV Special Wastewater Discharge Permit, and
2. Documentation from the user or user's consultant that all other alternate
methods of disposal have been exhausted, and
3. User shall pay all applicable fees and charges and shall meet any other
conditions as required by the City.
513 WASTEWATER STRENGTHS AND CHARACTERISTICS
A. No user shall discharge wastewater with the following strengths and
characteristics:
1. Having a temperature higher than 140 degrees fahrenheit (60 degrees centigrade)
or which causes the temperature at the treatment plant to exceed 104 degrees
Fahrenheit (40 degrees centigrade).
2. Containing substances that may precipitate, solidify, or become viscous at
temperatures between 50 degrees fahrenheit (10 degrees centigrade) and 104
degrees Fahrenheit (40 degrees centigrade).
3. Containing materials which will readily settle or cause an obstruction to flow
in sewage facilities or be detrimental to proper wastewater treatment facility
operation.. These materials may include, but are not limited to, asphalt, dead
animals, offal ashes, sand, mud, straw, industrial process shavings, metal,
glass, rags, feathers, tar, plastics, wood, whole blood, bones, hair, coffee
grounds, egg shells, flashings, diatomaceous earth, seafood shells, and paper
products not intended for use in the public sewer.
4. Producing a gaseous mixture that is ten percent (109.) or greater of the lower
explosive limit (LEL). Prohibited materials include, but are not limited to,
gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, ketones, and
alcohols.
5. Having a pH less than 5.0 or greater than 11.0.
G. Containing recognizable portions of human or animal. anatomy.
- 20 -
513 WASTEWATER STRENGTHS AND CHARACTERISTICS cont
7. Containing excessive flow, constituents or other materials, including but not
limited to, chemical oxygen demand, total organic carbon, priority pollutants,
suspended solids, grease and oil of animal or vegetable origin total dissolved
solids and phenolic compounds released in a discharge at a flow rate and/or
concentration which will cause problems, pass--through or interference with
sewage facilities.
8. Containingpolychlorinated biphenyls (PCBs) as defined herein, in excess of 0.01
mg/L as a daily maximum.
9. Containing pesticides as defined herein, in excess of 0.01 mg/L as a daily
maximum.
10. In violation of any applicable national pretreatment standards, state standards,
or other local regulations covering wastewater disposal.
514 MASS EMISSION LIMIT DETERMINATION
A. Mass emission limits for non -compatible and compatible wastes that are present or
anticipated in the user's wastewater discharge may be set for each user and made
an applicable part of each user's wastewater discharge permit. These limits shall
be based on Table I, local limits or national pretreatment standards and the user's
average daily wastewater discharge for the past three (3) years, the most recent
representative data, or other data acceptable by the City.
B. To verify the user's operating data, the user may he required to submit an
inventory of all wastewater streams and production data.
C. The City may revise local limit concentration limits or mass emission limits
previously established in the user's wastewater discharge permit at any time, based
on current and/or anticipated operating data, the ability to meet NPDES Limits,
and/or changes in the requirements of regulatory agencies.
D. The increased use of water to establish an artificially high flow rate data base
for mass emission limit determinations is prohibited.
515 SPECIFIC LOCAL LIMITS
A. No user shall discharge a quality or quantity of wastes or wastewater containing
toxic pollutants, non -compatible or compatible wastes in excess of table I,
specific local limits. All limits for the metal pollutants are for "total" amount
analvzed, unless indicated otherwise.
Table T
Specific Local Limits
Pollutant
Limit (mg/L)
Arsenic
3.4
Cadmium
0.93
Chromium
4.9
Copper
7.2
Lead
4.9
Mercury
0.19
Nickel
9.5
Silver
2.8
Zinc
7.9
Cyanide
4.3
Oil and Grease
300
- 21 -
515 SPECIFIC LOCAL LIMITS (cont)
B. Local limits are subject to more stringent standards as established by national
pretreatment standards. Local limits are deemed to be ,pretreatment standards for
the purposes of Section 307(d) of the Act, and are enforceable under Section 309
of the Act, potentially subjecting an industrial user to a penalty of $25,000 per
day for each violation..
C. The City may place more stringent standards within any wastewater discharge permit
issued to a user at any time, based an current and/or anticipated operating
conditions presented in the wastewater discharge hermit application, the ability
to meet NPDES limits, and/or changes in the requirements of regulatory agencies.
516 STATE REQUIREMENTS
A. Upon the adoption of any state requirements on user discharges that are more
stringent than federal requirements or the limitations contained in this ordinance,
that state standard shall then immediately supersede the federal standard and the
limitations of this ordinance.
517 FEDERAL REQUIREMENTS
A. Upon adoption of a national pretreatment standard more stringent than those
contained in this ordinance, the federal standard shall immediately supersede the
limitations listed in this ordinance and the affected users shall be notified of
the new standards and applicable reporting requirements.
B. The industrial user shall comply with the national pretreatment standard within the
time provided in the federal regulations that establish such standards even if the
wastewater discharge permit has not yet been modified to incorporate the
requirement..
C. The industrial user shall comply with any applicable requirements under Sections
204(b) and 405 of the Act and Subtitles C and D of the RCRA.
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ARTICLE 6
WASTEWATER DISCHARGE PERMITS
601 WRITTEN AUTHORIZATION
A. It shall be required of a user to obtain written authorization to use the public
sewer. This written authorization shall be in the form of a wastewater discharge
permit. No vested right shall be given or be granted by issuance of wastewater
discharge permits provided for in this ordinance.
B. When written authorization is granted, all the types of wastewater discharge
permits shall be expressly subject to all provisions of this ordinance and all
other regulations, charges for use and fees established by the City. The conditions
of wastewater discharge permits are subject to enforcement under this ordinance and
under state and federal, law.
C. All users are specifically prohibited from discharging except as provided for by
their wastewater discharge permit.
D. Compliance with wastewater discharge permit provisions does not relieve the user
from complying with any other applicable federal, state or local requirement.
602 TYPES OF WASTEWATER DISCHARGE PERMITS
A. The wastewater discharge permit shall be in one of four (4) types and is dependent
upon the volume and characteristics of the users discharge. The four types of
wastewater discharge permits are:
1. Class I - Wastewater Discharge (WD) Permit
2. Class II - Wastewater Discharge (WD) Permit
3. Class III - Wastewater Discharge (WD) Permit
4. Class IV -- Special Wastewater Discharge (SirVD) Permit
603 TRANSFER PROHIBITION
A. Wastewater discharge permits issued under this ordinance are for a specific user,
for a specific operation at a specific location. Wastewater discharge permits shall
not be transferred for an operation at a different location.
604 CHANGE OF OWNERSHIP
A. Upon the sale or transfer of ownership of any business operating under a wastewater
discharge permit issued by the City, the permittee shall notify the City in writing
prior to the change of ownership. The successor owner shall be required to apply
for a new wastewater discharge permit within 25 working days of the sale or
transfer of ownership.
B_ In the event that the original owner fails to notify the City of the sale or
transfer of ownership than said original owner may be jointly liable for any
charges incurred by the new owner.
C. This does not relieve the new owner of any liability for non-compliance with any
federal, state, or local regulations or the provisions of this ordinance.
605 EXCESS CAPACITY" CHARGE
A. New developments or existing developments that expand operations that require
substantial sewage facility capacity may be subject to an excess capacity
facilities fee in an amount and method to be solely determined by the City on a
case -by -ease basis.
- 23 -
606 OUT OF REGION WASTEWATER DISCHARGE PERMIT'S
A. 'Wastewater discharge permits for users located outside of the City's service region
but tributary to the City's sewage facilities shall only be issued after approval
by the City. Inspection and sampling of the user's discharge to determine
compliance with industrial waste discharge regulations will be made under a
coordinated plan developed by SERRA, the City, and the local sewering agency. The
more stringent of the industrial waste discharge regulations and effluent
limitations of affected agencies shall apply to the users. The fees for use shall
be determined by the City and set forth in an interjurisdictional agreement.
607 REQUIRED INFORMATION
A. To provide for the equitable use of sewage facilities, the City shall have the
right to require a user to provide all information necessary to maintain compliance
with the provisions of this ordinance, including treatability studies to determine
whether the wastewater would be compatible with treatment plant processes. This
information shall include, but is not limited to the following:
1. Wastewater discharge flow rates, peak flow rates and volume over any period of
time.
2. Physical, chemical or bacteriological analysis of wastewater.
3. Information on raw materials, processes and products.
4. Quantity, disposition and waste manifests of specific liquids, sludge, oil,
solvent or other materials.
S. Details of any pretreatment facilities.
6. Details of systems to prevent and control the loss of material through spills.
7. Review of all types of water bills.
608 CONFIDENTIAL INFORMATION
A. All user information and data on file shall be available to the public and
governmental agencies without restriction, unless the user specifically requests
and is able to demonstrate to the satisfaction of the City that the release of such
information would divulge information, processes of methods which would be
detrimental to the user's competitive position. The demonstration of the need for
confidentiality made by the permittee must meet the burden necessary for
withholding such information from the general public under applicable state and
federal law. Any such claim must be made at the time of submittal of the
information by marking "Confidential Business Information" on each page containing
such information within the submittal. Information which is demonstrated to be
confidential shall not be transmitted to any governmental agency without prior
notification to the user. Information concerning wastewater quality and quantity
shall not be deemed confidential.
609 CLASS I - WASTEWATER DISCHARGE (WD) PERMIT
A. All Class I users proposing to discharge into a public sewer shall obtain a
wastewater discharge permit by filing an application and paying any applicable fees
before discharging. For the purpose of this ordinance, a Class I user is any
discharger that meets the definition of a Class I user and/or significant
industrial user as set forth in this ordinance.
610 CLASS 22 - WASTEWATER DISCHARGE (WD) PERMIT
A. All Class II users proposing to discharge into a public sewer shall obtain a
wastewater discharge permit by filing an application and paying any applicable fees
before discharging. For the purpose of this ordinance, a Class II user is any
discharger that meets the definition of a Class ii user as set forth in this
ordinance.
- 24 -
611 CLASS III - WASTEWATER DISCHARGE (WD) PERMIT
A. All Class III users proposing to discharge into a public sewer shall obtain a
wastewater discharge permit by filing an application and paying any applicable fees
before discharging. For the purpose of this ordinance, a Class III user is any
discharge that meets the definition of a Class III user as set forth in this
ordinance.
612 CLASS IV - SPECIAL WASTEWATER DISCHARGE (SWD) PERMIT
A. All Class IV users proposing to discharge into a public sewer shall obtain a
special wastewater discharge permit by filing an application and paying any
applicable fees before discharging. For the purpose of this ordinance, a Class IV
user is any user that meets the definition of a Class IV user as set forth in this
ordinance and is proposing to discharge:
1. Ground water.
2. Surface runoff.
3. Subsurface drainage.
4_ Unpolluted water.
B. The special wastewater discharge permit may be issued when no alternative method
of disposal is reasonably available or to mitigate an environmental risk or health.
hazard.
C. The special wastewater discharge permit may only be issued after receiving a letter
of request from the local Regional Water Quality Control Board for the City to
accept this waste.
613 NON -INDUSTRIAL WASTEWATER DISCHARGE NIWD FORM
A. Any user that has the potential to discharge a noncompatible waste to sewage
facilities that is not doing so at the present time may be classified as an NIWD
user and issued an NIWD form.
B. Any user that has had a Class I, II, or III wastewater discharge permit that no
longer has a discharge containing noncompatible wastes to the City's sewage
facilities may be classified as an NIWD user and issued an NIWD form.
C. The main functions of the NIWD form are to assist in maintaining the City's
industrial user data base and to track and verify by inspection the lack of a
discharge containing noncompatible wastes from the user.
614 WASTRWATER DISCHARGE PERMIT APPLICATIONS
A. Users seeking a wastewater discharge permit shall complete and file with the City,
prior to commencing discharge, an application on a form prescribed by the City.
R. Users seeking a wastewater discharge permit shall be required to submit, in unit
and terms appropriate for evaluation, the following information:
1. Name, address, SIC numbers, and a description of the manufacturing process or
service activity.
2. Name, address of any and all, (whichever is applicable) principals/owners/major
share holders of company; articles of incorporation; most recent report of the
Secretary of State and business license.
3. Volume of wastewater to be discharged.
4. Name of individual who can be served with notices other than officers of
corporation.
5. Name and address of property owner, landlord anal/or manager of the property.
6. Water supplier and water account numbers.
- 25 -
614 WASTEWATER DISCHARGE PERMIT APPLICATIONS (Cont)
7. Wastewater constituents and characteristics as deemed necessary by the City,
including but not limited to, those mentioned in this ordinance. These
constituents and characteristics shall be determined by a laboratory of the
discharger approved by the City, if applicable.
8. Time and duration of discharge.
9. Production records, if applicable.
10. Waste manifests, if applicable.
11. Landscaped area in square feet, if applicable.
12. Tons of cooling tower capacity, if applicable.
13. Number of employees and average hours of work per employee per day.
14. USEPA Hazardous Waste Generator number, if applicable.
C. Users may also be required to submit site, floor, mechanical, plumbing, toxic
organic management, and spill containment plans for evaluation.
D. Other information may be required to properly evaluate the wastewater discharge
permit application.
E. After evaluation of the data furnished, the City may issue a wastewater discharge
permit, subject to the terms and conditions set forth in this ordinance and as
otherwise determined by the City Manager to be necessary to protect sewage
facilities.
615 SPECIAL WASTEWATER DISCHARGE PERMIT APPLICATIONS
A. Users seeking a special wastewater discharge permit shall complete and file with
the City, prior to commencing discharge, an application on a form prescribed by the
City.
B. Users seeking a special wastewater discharge permit shall be required to submit,
in unit and terms appropriate for evaluation, the following information:
1. Plumbing plans.
2. Detailed analysis of the alternatives for water disposal.
3. Detailed analysis of the water for discharge.
4. Letter of request from the Regional water Quality Control Board.
5. Any other data as required for review.
C. After evaluation of the data furnished, the City may issue a special wastewater
discharge permit, subject to the terms and conditions set forth in this ordinance
and as otherwise determined by the City Manager to be necessary to protect sewage
facilities.
616. NON -INDUSTRIAL WASTEWATER DISCHARGE (NIWD) FORM APPLICATION
A. Users meeting the criteria for a non -industrial wastewater discharge form, may be
asked to complete and file with the City an application on a form prescribed by the
City.
B. Information on users that meet the criteria for a non -industrial wastewater
discharge form may be obtained solely by the City during facility inspections.
C. After evaluation of the data furnished by the user or from: information collected
solely by the City an NIWD four: may be issued.
- 26 -
617 WASTEWATER DISCHARGE PERMIT RENEWAL
A. The user shall file a new application sixty (60) days prior to the expiration date
of any existing wastewater discharge permit for renewal.
B. Discharge after the termination date of a wastewater discharge permit is prohibited
except:
1. If the user filed a timely application under section 617 A. which is complete,
and;
2. The City, through no fault of the user, does not issue a new wastewater
discharge permit with an effective date on or before the expiration date of the
previous wastewater discharge permit.
618 WASTEWATER DISCHARGE PERMIT TERMS CONDITIONS AND LIMITATIONS
A. All wastewater discharge permits shall be expressly subject to all terms,
conditions, and limitations of this ordinance, and all other regulations, charge
for use, and fees established by the City. The terms and conditions of wastewater
discharge permits are subject to enforcement by the City in accordance with this
ordinance, and applicable ,state and federal regulations. Any wastewater discharge
permit violation shall be a violation of this ordinance.
B. The terms and conditions of any issued wastewater discharge permit may be subject
to modification and changes by the City during the life of the wastewater discharge
permit based on:
1. The dischargers current or anticipated operating data.
2. The City's current or anticipated operating data.
3. Changes in the requirements of regulatory agencies.
C. Permittee may request a modification to the terms and conditions of an issued
wastewater discharge permit. The request shall be in writing stating the requested
change, and the reasons for the change. The City shall review the request, make a
determination and respond in writing. A request for a wastewater discharge permit
modification does not relieve a permittee from complying with its existing
wastewater discharge permit conditions.
D, Any changes or new conditions in the wastewater discharge permit shall include a
reasonable time schedule for compliance where allowed under applicable federal,
state and local law.
E. Wastewater discharge permits may contain any, but is not limited to, the following
terms, conditions and limitations:
1. Mass emission rates regulating pollutants_
2. Concentration rates regulating pollutants.
3. Discharge limits based upon the combined wastestream formula.
4. Limits on rate and time of discharge or requirements for flow regulation and
equalization..
S. requirements for the user to make notification in writing prior to the physical
expansion or any significant change to of any wet processes. Notification is also
required in the event of significant changes in production if production --based
limits are being applied,
6. Requirements for the user to construct and maintain, at his own expense, pH
control, flow monitoring and/or sampling facilities.
7. Requirements for submission of technical reports, discharge reports and waste
manifests.
8. Requirements to self -monitor.
- 27 -
618 WASTEWATER DISCHARGE PERMIT TERMS CONDITIONS AND LIMITATIONS cont
9. Requirements for maintaining plant records relating to wastewater discharge and
waste manifests as specified by the City.
10. Predetermined rates or values for wastewater strength characteristics.
11. Requirements to submit copies of water bills.
12. Other provisions which may be applicable to ensure compliance with this
ordinance.
13. Other terms and conditions determined by the City Manager to be necessary to
protect sewage facilities.
14. Predetermined rate or value for BOD and suspended solids.
15. Requirements for notification of slug, upset or bypass discharges.
16. Requirements for notification of any new introduction of wastewater constituents
or any substantial change in the volume or character of wastewater constituents.
17. Requirements to meet compliance schedules.
18. Requirements for the user to develop and implement a slug discharge control.
plan.
19. Requirements for the user to develop and implement a toxic organics management
plan.
619 WASTEWATER DISCHARGE PERMIT DURATION
A. All wastewater discharge permits shall not exceed a duration of five (5) years. Any
wastewater discharge permit may be issued for a shorter period of time at the sole
discretion of the City.
620 CITY'S RIGHT OF REVISION
A. The City reserves the right to establish, by ordinance, or by wastewater discharge
permits or by any other means, more stringent standards or requirements on the
discharge of users to sewer facilities
- 28 -
ARTICLE 7
FACILITY REQUIREMENTS
701 PRETREATMENT
A. All pretreatment facilities or devices may be reviewed by the City. Such review
shall not absolve the user of any responsibility of meeting prohibitions,
limitations, requirements, standards and local limits on discharges.
B. User shall provide wastewater treatment as necessary which may include, but is not
limited to, the use of best available technology (HAT) or best practicable
technology (BPT) concepts to comply with this ordinance and shall achieve
compliance with all prohibitions, limitations, standards and local limits before
discharging to any public sewer. Any facilities required to pretreat, sample,
control or transport wastewater shall be provided and maintained in proper
operating condition at all times at the user's sole expense.
C. User may be required to submit waste analysis plans, contingency plans, and meet
other requirements to ensure proper operation of pretreatment facilities and
compliance with wastewater discharge ,permit limits and this ordinance.
D. No user shall increase the use of water or in any other manner attempt to dilute
a discharge as a partial or complete substitute for treatment to achieve compliance
with this ordinance and the user's wastewater discharge permit.
702 SPILL CONTAINMENT
A. Each user shall provide spill containment for protection against the discharge of
prohibited materials or other wastes regulated by this ordinance. This protection
shall be designed in accordance with reasonable engineering standards to secure the
discharges and to prevent them from entering into the public sewer system. These
facilities shall be provided and maintained at the user's sole expense.
B. If it can be shown that a user's ,spill containment facilities did not prevent a
discharge which caused the City to violate its discharge requirements, incur
additional operational expenses, or suffer loss or damage to sewage facilities,
that user shall be responsible for any casts or expenses, including assessment by
other agencies or any costs incurred by the City.
C. A notice may be permanently posted on the user's bulletin board or other prominent
place advising employees who to call in the event of a prohibited discharge.
Rmployers shall ensure that all employees who may cause or suffer such a prohibited
discharge to occur are advised of the emergency notification procedure.
703 MONITORING AND METERING FACILITIES
A. The user may be required to construct and maintain in proper operating condition
at the user's sole expense, flow and/or constituent monitoring and/or sampling
facilities.
B. Any sample taken from a user's representative sample point shall be considered to
be representative of the discharge to the public sewer.
C. Monitoring or metering facilities may be required to .include a security closure
that can be locked with a the City provided lock during any sampling and monitoring
periods.
D. Location of the monitoring or metering facilities shall be subject to approval by
the City.
P. The City shall be provided clear and uninterrupted access to monitoring or metering
facility locations.
- 29 -
703 MONITORING AND METERING FACILITIES cont
F. When one or more users discharge into a public sewer, those users may be required
to install a separate monitoring facility for each user. Also in the judgment of
the City, if there is a significant difference in wastewater constituents and
characteristics produced by different operations of a single user, that user may
be required to install separate monitoring facilities for each operation. separate
monitoring may also be required for different processes subject to categorical
pretreatment standards.
G. Users with the potential to discharge flammable solutions may be required to
install and maintain at their sole expense a combustible gas detection meter.
704 DRAWING SUBMITTALS
A. Detailed plans of any proposed construction of pretreatment, spill containment,
monitoring and metering facilities and operating procedures shall be submitted for
review, within thirty (30) days of a written request by the City. Review shall be
completed 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 other requirement of other regulatory agencies.
B. 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.
C. The City may require drawings to scale depicting the manufacturing process (waste
generating source), spill containment, pretreatment facilities, and/or monitoring
or metering facilities.
D_ The City may require a schematic drawing of the pretreatment facilities.
E. The City may require the drawings be prepared by a California registered chemical,
mechanical, or civil engineer.
705 WASTE MINIMIZATION RECYCLING AND TREATMENT
A. User shall provide waste minimization plans to conserve water, investigate product
and/or materials substitution, maintain inventory control records and implement
employee education, and other steps as necessary to minimize waste produced within
thirty (30) days of written request by the City.
B. Waste minimization, recycling and treatment shall be demonstrated wherever feasible
in the following priority:
1. Source reduction which includes, but is not limited to, substitution of less
hazardous materials, spill prevention and control measures, proper storage and
handling of chemicals and raw materials.
2. Recovery and reuse which includes, but is not limited to, substitution of less
hazardous materials, spill prevention and control measures, proper storage and
handling of chemicals and raw materials.
3. Treatment which includes, but is not limited to, pretreatment techniques as to
render .hazardous wastes harmless or suitable for disposal to a public sewer.
- 30 -
ARTICLE 8
INSPECTION, MONITORING, SAMPLING,
NOTIFICATION, AND REPORTING REQUIREMENTS
801 INSPECTION AND MONITORING
A. The City may inspect and sample the wastewater generating and disposal facilities
of any user to ascertain whether the requirements of this ordinance are being met
and the user is complying with all requirements.
B. Where a discharger has instituted security measures requiring proper identification
and clearance before entry onto the premises, the discharger shall make all
necessary arrangements with its security in order that the inspectors of the City
shall be allowed to enter the premises without delay for the purpose of performing
their authorized duties.
C. The City shall have the right to set up on the user's property or any other
locations, as determined by the City, such devices as are necessary to conduct
sampling or metering operations of the user's discharge.
D. In order for the City to determine the wastewater characteristics of the discharges
for compliance with wastewater discharge permit requirements, the user is required
to make available for inspection and copying all industrial user records including,
but not limited to, production records, self-monitoring and chain of custody
records, and waste manifests without restriction, but subject to the confidential
provisions set forth in this ordinance. All records shall be maintained by users
for a minimum of three (3) years or longer if a written request is made by the City
or if litigation is being considered or has resulted. Such records shall be made
available to the City upon request.
B. Any temporary or permanent obstruction to safe and easy access to the facility to
be inspected and/or .sampled shall be promptly removed by the user at the written
or verbal request of the City and shall not be replaced. The costs of cleaning such
access shall be at the sole expense of the user.
F. Inspection and/or sampling of any user shall be conducted in a time, place, manner
and frequency as determined at the sole discretion of the City.
802 SELF-MONITORING AND REPORTING
A. Self-monitoring of wastewater constituents and characteristics of the discharger
needed for determining compliance with any limitations and, requirements as
specified in the user's wastewater discharge permit, federal regulations, or this
ordinance may be required. The self --monitoring requirement and frequency or
reporting shall be set forth in the user's wastewater discharge permit. These
reports include, but are not limited to, the following:
1. Baseline monitoring reports (BMR's).
2. Compliance schedule progress reports_
3. 90 --day compliance reports.
4. wastewater discharge permit reports on continued. compliance.
5. Other reports as required by the City or applicable law.
B. Failure by the user to perform any required self --monitoring and/or to submit
reports required by the City shall be a violation of this ordinance, and is deemed
to be a violation for each parameter and each day in the time period for which
monitoring was required, and cause for the City to initiate all necessary tasks and
analysis to determine the wastewater constituents and characteristics for any
limitations and requirements specified in the user's wastewater discharge permit
or in this ordinance. The user shall be responsible for any and all expenses
incurred by the City in undertaking such monitoring analysis and preparation of
reports.
- 31 -
802 SELF-MONITORING AND REPORTING (cont)
C. All users required to sample and analyze their wastewater ,shall use the sampling
methods and the sampling locations as set forth in their wastewater discharge
permit. For each sample collected and analyzed, the user shall maintain a record
of:
1. Date, exact place, method and time of sampling and the name of the person taking
the sample.
2. Date analysis performed.
3. Identity and address of the person who performed the analysis.
4. The analytical methods used.
5. Results of the analysis.
D. Samples taken shall be representative of conditions occurring during the reporting
period. Users shall submit all monitoring data, even if user samples more
frequently than required by its wastewater discharge permit. User is required to
provide advance notice of any substantial change in the volume or character of
pollutants in their discharge.
E. when required, self-monitoring reports of the analysis of wastewater constituents
and characteristics shall be in a manner and form approved by the City and shall
be submitted, at a minimum, by June 20 and/or December 20 of every year. All
reports shall be signed by the company authorized representative. Each report shall
contain the following certification:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
Date:
Signature:
Print Name:
Title-
Company
itle:Company Name:
Facility
Address:
Mailing
address:
Phone:
Permit No:
F. Self-monitoring reports shall be subject to the provisions of 18 U.S.C. Section.
1001 relating to false statements and fraud and the provisions of Section 309 (c) (2)
of the Act governing false statements.
G. The analysis of a user's wastewater constituents and characteristics shall be done
by a laboratory approved by the City.
H. If self-monitoring indicates a violation, the user shall notify the City within 24
hours of becoming aware of the violation. The user shall repeat the sampling and
analysis and submit the results of the repeat analysis to the City within 30 days
after becoming aware of the violation.
32
802 SELF-MONITORING AND REPORTING. (cont)
I. The analysis of wastewater constituents and characteristics and the preparation of
the monitoring report shall be done at the sole expense of the user.
J. The user shall establish and maintain a representative sample point on each
discharge line at a location representative of the discharge to the sewer. The
maintenance of this equipment shall be done at the sole expense of the user.
Sampling Location shall be set forth in the user's wastewater discharge permit.
K. Any user subject to the reporting requirements of this ordinance shall retain all
records of monitoring activities and results for a minimum of three (3) years and
shall make them available to the City upon request. The City may require a longer
period of retention if litigation is being considered or has resulted.
L. Any user subject to reporting requirements may be required to submit self-
monitoring reports on forms approved by the City.
803 REPORT OF SPILL SLUG LOADING OR UPSET
A. In the event the user is unable to comply with any of the wastewater discharge
permit conditions due to a breakdown of equipment, accidents caused by human error,
or intentional action by any party, or acts of God, or any other cause, the
discharger shall notify the City by telephone as soon as possible of any spill,
slug loading, batch dumping or upset.
B. Confirmation of this notification ,shall be made in writing within five (5) working
days of the telephone notification. The written notification shall contain:
1. Date of the incident.
2. Reason for the spill, slug loading, batch dumping or upset.
3. What steps were taken to immediately correct the problem.
4. What steps are being taken to prevent the problem from recurring.
5. Any other information the City deems relevant.
C. Such notification shall not relieve the user of any expense, loss, damage,
liability or fees which may be incurred as a result of damage or loss to sewage
facilities or any damage or loss to persons or property. Such notification shall
never relieve the user from any fees or liability which may be imposed by this
ordinance or other applicable law.
804 REPORTING OF BY-PASS
A. By-pass of industrial wastewater to the sewer is prohibited. Enforcement action
may be taken against the user, unless:
1. By-pass was unavoidable to prevent loss of life, personal injury, or severe
property damage, and
2. There were no feasible alternatives to the by --pass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance daring
normal periods of equipment downtime. This condition is not satisfied if
adequate back. --up equipment should have been installed in the exercise of
reasonable engineering judgement to prevent a by --pass which occurred during
normal periods of equipment downtime or preventative maintenance, and
3. The user submitted notice as required by this ordinance, or;
4. The bypass did not exceed user discharge limits and was required for essential
maintenance.
- 33 -
804 REPORTING OF BY-PASS (cont
B. If a user knows in advance of the need for a by-pass, it shall submit prior notice
to the City at least ten (10) days before the date of the by-pass.
C. The City may approve an anticipated by-pass after considering its adverse effects,
if the City determines that it will meet the conditions listed within this section.
D. A user shall submit oral notice of an unanticipated by-pass that exceeds their
wastewater discharge permit limitations to the City within 24 hours from the time
the permittee becomes aware of the by --pass. A written report shall also be
provided within five (5) working days of the time the permittee becomes aware of
the by-pass. The report shall contain:
1. Description of the by-pass and its cause.
2. Duration of the by-pass, including exact dates and times.
3. Anticipated time it is expected to continue if the by-pass has not been
corrected.
4. Steps taken or planned to reduce, eliminate, and prevent recurrence of the by-
pass.
F. Failure to submit oral notice and/or written report may be grounds for wastewater
discharge permit suspension or revocation. Failure to provide timely notice under
Section 804 D. is deemed a waiver of the bypass defense for the user violation.
F. Such notification shall not relieve the user of any expense, loss, damage, or other
liability which may be incurred as a result of damage or loss to the public sewer
or any other damage or _Loss to person or property. Such notification shall never
relieve the user from any fees or liability which may be imposed by this ordinance
or other applicable law.
805 COMPLIANCE REPORT (40 CFR 403.12(b))
A. Within thirty (30) days following the date for final compliance with applicable
pretreatment standards, or in the case of a new source, ninety (90) days prior to
commencement of discharge, any user subject to pretreatment standards and
requirements shall submit a report to the City containing the information listed
below. The report should include, but is not limited to the following:
1. Nature and concentration of all pollutant discharge in the regulated stream.
2. Average and maximum daily flows.
3. Whether the applicable pretreatment standards are being met on a consistent
basis.
4. Any additional pretreatment necessary to bring user into compliance.
5. Identification of the method of pretreatment the user intends to use to meet
applicable pretreatment requirements.
G. Report shall be signed by a company authorized representative.
805 BASELINE MONITORING REPORTS (40 CFR 403.12(b))
A. Within either one hundred eighty (180) days after the effective date of a
categorical standard or the final administrative decision on a category
determination under 40 CFR 403.6(a)(4), whichever is later, a user subject to the
standard shall submit to the City a report containing the information listed below.
This report shall include, but is not limited to the following:
1. Identifying information. The name and address of the facility, including the
name of the operator and owner.
2. Environmental permits. A list of all environmental control permits held by or
for the facility.
- 34 -
806 BASELINE MONITORING REPORTS (40 CFR 403.12(b)) (coat
3. Description of Operations. A brief description of the nature, average rate of
production, and standard industrial classification of the operation(s) carried
out by such a user. This description should include a schematic process diagram
which indicates points of discharge to sewage facilities from the regulated
processes.
4. Flow Measurements. Information showing the measured average daily and maximum
daily flow, in gallons per day, to sewage facilities from regulated process
streams and other streams.
5. Measurement of Pollutants. The categorical pretreatment standards applicable to
each regulated process and the results and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the City, of
regulated pollutants in the discharge from each regulated process.
Instantaneous, daily maximum, and long-term average concentrations, or mass
where required, shall be reported. The sample shall be representative of daily
operations.
6. Certification. A statement, reviewed by the user's authorized representative and
certified by a qualified professional, indicating whether pretreatment standards
are being met on a consistent basis,and if not, whether additional operation and
maintenance (O&M) and./or additional pretreatment is required to meet the
pretreatment standards and requirements.
7. Compliance schedule. if additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the user will
provide such additional pretreatment and/or O&M shall be utilized.
8. Signature and certification. All monitoring reports shall be signed and
certified in accordance with Section 802 E. of this ordinance.
807 REPORT ON PROGRESS IN MEETING COMPLIANCE SCHEDULES(40 CFR 403.12(c
A. All Class I users required, to submit compliance schedules shall report their
progress within fourteen (14) days of each date in their schedule.
B. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the user to comply with the
applicable pretreatment standards.
C. No increment referred to above shall exceed nine (9) months.
D. In no event shall more than nine (9) months elapse between progress reports to the
City.
808 REPORT ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARDS DEADLINE 40 CFR
403.12(d))
A. within ninety (90) days following the date for final compliance with the applicable
categorical standards or within ninety (90) days of the introduction of wastewater
into the treatment facility, the affected user shall submit a report containing the
information listed below. This report shall include, but is not limited to the
following:
1. Flow Measurements. Information showing the measured average daily and maximum
daily flow, in gallons per day, to sewage facilities from regulated process
streams and other streams.
2. Measurement of Pollutants. The categorical pretreatment standards applicable to
each regulated process and the results and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the City, of
regulated pollutants in the discharge from each regulated process.
Instantaneous, daily maximum, and long-term average concentrations, or mass
where required, shall be reported. The sample shall be representative of daily
operations.
- 35 -
808 REPORT ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARDS DEADLINE (40 CFR
403.12(d)) (cont)
3. Certification. A statement, reviewed by the user's authorized representative and
certified by a qualified professional, indicating whether pretreatment standards
are being met on a consistent basis,and if not, whether additional operation and
maintenance (O&M) anal/or additional pretreatment is required to meet the
pretreatment standards and requirements.
4. Signature and. certification. All monitoring reports shall be signed and
certified in accordance with Section 802 E. of this ordinance.
809 SEMI-ANNUAL COMPLIANCES REPORT 40 CFR 403.12 e )
A. All Class I users subject to federal pretreatment standards as a minimum shall
submit reports containing the information required in 40 CFR 403.12 during the
months of Mune and December, or as required their wastewater discharge permit.
810 RIGHT OF ENTRY
A. Persons or occupants of premises where wastewater is created or discharged shall
allow the City, its inspectors or representatives, reasonable access during the
normal working day to all, parts of the wastewater generating and disposal
facilities for the purpose of inspection and sampling.
811 ANALYTICAL REQUIREMENTS
A. All pollutant analyses, including sampling techniques, to be submitted as part of
a wastewater discharge permit application or report shall be performed in
accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise
specified in an applicable categorical pretreatment standard. If 40 CFR Part 136
does not contain sampling or analytical techniques for the pollutant in question,
sampling and analyses shall be performed in accordance with procedures approved by
the USEPA.
812 SAMPLE COLLECTION
A. The user shall collect wastewater samples in accordance with this ordinance or the
requirements set forth in its wastewater discharge permit. Samples may be collected
using flow proportional composite sample techniques, time proportional composite
sample techniques, or by a minimum of four (4) grab samples to provide a
representative sample of the discharge. A single grab sample may be used at any
time to show compliance with instantaneous discharge limits.
B. Samples for analysis of oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds shall be obtained by grab sample
collection techniques only.
813 TIMING
A. Reports shall be deemed to have been submitted on the date postmarked_ For reports
which are not mailed, postage prepaid, into a mail facility serviced, by the United
States Postal Service, the date of receipt of the report shall govern.
814 NOTIFICATION OF CHANGED DISCHARGE
A. All users that have been issued a wastewater discharge permit ,shall notify the City
in advance of any substantial change in the volume or character of pollutants in
their discharge in accordance with 40 CFR 403.12(j)
- 36
ARTICLE 9
ENFORCEMENT
901. ENFORCEMENT SCOPE
A. The City finds that in order for it to comply with the laws, regulations, and rules
imposed upon it by regulatory agencies and to ensure that sewage facilities and
treatment processes are protected and are able to operate with the highest
efficiency, specific enforcement provisions must be adopted to regulate discharges
from industrial. users.
B. The City is willing to cooperate with all users on improvements in wastewater
duality, yet must be in a position to ensure that uncooperative users shall comply
with this ordinance and any conditions set forth in a wastewater discharge permit.
C. The City intends to ensure that all interested parties are afforded due process of
law and that any noncompliance or violation is resolved as soon as possible.
D. All users have a right of appeal pursuant to the procedures set forth in this
ordinance.
E. Each non-compliance or violation per day and each day of noncompliance or violation
shall be taken as a separate noncompliance or violation for determining the amount
of fees, charges, fines or penalties and/or which enforcement actions may be taken.
A violation of a weekly average is considered seven (7) days of violation for that
parameter and a violation of a monthly average is based upon the number of days in
that month. A violation of multiple parameters caused by a single operational upset
is considered one violation.
F. The issuance or exercise of any type of an enforcement action provided for under
this ordinance shall not be a bar against, or a prerequisite for, taking any other
or additional enforcement action against a user under this ordinance or any other
local, state or federal law.
902 NOTICE OF NONCOMPLIANCE (NON)
A. In the event that it is determined that a user is in noncompliance with any
provision of this ordinance, or the terms, conditions and limitations of its
wastewater discharge permit, the City may issue a NON, whereby the user shall
comply with all directives, conditions and requirements therein within the time
prescribed.
B. The issuance of a NON may contain terms and conditions including, but not
limited to, installation of pretreatment equipment and facilities, submittal of
drawings or technical reports, payment of fees or administrative fines, limits
on rate and time of discharge or any other provisions to ensure compliance with
this ordinance and the user's wastewater discharge permit.
903 NOTICE OF VIOLATION (NOV)
A. In the event that it is determined that a user has not responded to a NON that
was previously issued to them or that noncompliance of any pretreatment
standards requires their immediate attention, the City may issue a NOV, whereby
the user shall comply with all directives, conditions and requirements therein
within the time prescribed.
B. The issuance of a NOV may contain terms and conditions including, but not
limited to, installation of pretreatment equipment and facilities, submittal of
drawings or technical reports, payment of fees, administrative fines, limits on
rate and time of discharge or any other provisions to ensure compliance with
this ordinance.
37 -
944 ADMINISTRATIVE ORDER (AO
A. The AO is an enforcement document from. the City directing the noncompliant user to
undertake or to cease specific activities required to bring the user into
compliance with this ordinance or the terms, conditions and limitation of a
wastewater discharge permit as determined by the City. The terms and conditions of
the AO are not negotiable by the user. The circumstances of a user's noncompliance
may dictate which theme the administrative order will takes to achieve the earliest
possible return to compliance by the user. AOs may include administrative
complaints. Types of AOs may include, but are not limited to, the following:
1. Probation Order (PO)
a. The PO directs the noncompliant user to achieve compliance by a date
specified in the order. The PO is usually issued when a user is in non-
compliance of this ordinance, or the terms, conditions and limitations of its
wastewater discharge permit or other enforcement action, or has not made
payment of all amounts owed to the City which include, but are not limited
to, any fees, charges, fines and/or penalties.
2. Show Cause Order (SCO)
a. The SCO directs the noncompliant user to appear at a formal meeting, usually
at a the City location, to explain its noncompliance, and to show cause why
more severe enforcement actions against the user should not go forward. This
action, however, is not a prerequisite to taking other or more severe
enforcement actions.
3. Cease and Desist Order (CDO)
a. The CDO directs the noncompliant user to cease illegal or unauthorized
discharges immediately, or to terminate its discharge altogether. A CDO may
be issued in situations where a particular discharge could cause interference
or pass through, or threaten human safety or the environment. The CDO may be
issued immediately upon discovery of the problem. In an emergency, a CDC may
be issued by telephone, however, such an order should be followed by a
written CIAO on the user, either by hand delivery or by certified mail. If
necessary, the City may order immediate cessation of any discharge to the
public sewer, regardless of the user's compliance status. If a user fails to
comply with the CDO, the City may take any independent action to halt the
discharge.
905 WASTEWATER DISCHARGE PERMIT SUSPENSION OR REVOCATION
A. Grounds
1. The City may suspend or revoke any wastewater discharge permit, but is not
limited to the following, when it as determined that a user:
a. violated an administrative order.
b. Provided a false statement, representation, record, report or other document
to the City.
c. Refused to provide records, reports, plans or other documents required to
determine wastewater discharge permit terms, conditions, or limitations,
discharge compliance, or compliance with this ordinance.
d. Discharged effluent that causes pass-through or interference with the public
sewer system, sewage facilities.
e. Falsified., tampered with, or knowingly rendered inaccurate any monitoring
device or sample collection method.
f. Discharged effluent that endangers human health or the environment.
g. Failed to report significant changes in operations or wastewater constituents
and characteristics.
h. Failed to comply with the terms and conditions of any enforcement action.
- 38 -
905 WASTEWATER DISCHARGE PERMIT SUSPENSION OR REVOCATION (cont)
i. Refused reasonable access to the permittee's premises for the purpose of
inspection and monitoring.
j. Failed to make timely payment of any fees, charges, fines or penalties owed
to the City.
k. Violated any conditions or limitations of its wastewater discharge permit or
any provision of this ordinance.
1. Discharged batch dumps to the public sewer system.
S. Notice of Wastewater Discharge Permit Suspension/Revocation.
1. When the City has reason to believe that grounds exist for suspension/revocation
of a wastewater discharge permit, written notice shall be given by certified
mail to the permittee setting forth a statement of .facts and grounds deemed to
exist together with a description of the time and place where the charge shall
be heard by the City Manager. The hearing date shall not be less than fifteen
(15) days nor more than sixty (60) days after the mailing of such notice.
C. Hearing on wastewater discharge .Permit Suspension/Revocation
1. At the wastewater discharge suspension/revocation hearing, the permittee shall
have an opportunity to respond to the allegations set forth in the notice. The
hearing shall be conducted in accordance with procedures established by the City
Manager and approved by the City Attorney.
2. After the hearing, the City Manager's designee shall submit a written report to
the City Manager setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions, and a recommendation.
3. Upon receipt of the written report, the City Manager shall make his
determination. Should he find that the grounds exist for suspension/ revocation
of the wastewater discharge permit, he shall issue his decision and order, in
writing within thirty (30) days after the hearing by his designee. A copy of the
written decision shall be sent by personal delivery or certified maid to the
permittee.
D. Effect of Wastewater Discharge Permit Suspension
1. Upon the issuance of an order of suspension by the City Manager, the permittee
shall have no right to discharge any industrial wastewater, directly or
indirectly to the public sewer for the duration of the suspension. All costs for
physically terminating and reinstating service shall be paid by the permittee.
2. An order of wastewater discharge permit suspension issued by the City Manager
shall be deemed final upon delivery to the permittee, unless appealed to Council
as specified in Section 913 of this ordinance.
E. Effect of Wastewater .Discharge Permit Revocation
1. On the effective date of a wastewater discharge permit revocation being final,
the permittee shall permanently lose all rights to discharge any industrial
wastewater directly or indirectly to the public sewer system. All costs for
physical termination shall be paid by the permittee.
2. Each owner and employee of the permittee shall be bound by the order of
revocation.
3. Any future application from any facility within the public sewer system by any
person subject to an order of wastewater discharge permit revocation will only
considered by the City after fully reviewing the records of the revocation. Such
records may be the basis for denial of a new wastewater discharge permit.
4. An order of waster water discharge permit revocation issued by the City Manager
shall be deemed final upon delivery to the permittee, unless appealed to the
Council as specified in Section 913 of this ordinance.
- 39 -
906 TERMINATION OF SERVICE
A. The City may physically terminate sewer service to any property as a term of any
order of suspension or revocation, of a wastewater discharge permit. All costs for
physical termination shall be paid for by the user as well as all costs for
reinstating services.
907 EMERGENCY SUSPENSION
A. The City may suspend sewer service when such suspension is necessary, in order to
stop an actual, or impending discharge which presents or may present an imminent or
substantial endangerment to the health and welfare of persons, to the environment,
cause interference to the sewage facilities, or cause the City to violate any state
or federal law or regulation.
B. An emergency suspension order is final and has no right of appeal.
908 INJUNCTION
A. Whenever a discharge of wastewater is in violation of the provisions of this
ordinance, the City may petition the superior court for the issuance of a
preliminary or permanent injunction, or both, as may be appropriate to restrain the
continuance of such discharge.
909 CIVIL FINES AND PENALTIES
A. Authority.
1. All users of the public sewer system and sewage facilities are subject to
administrative or judicial enforcement actions by the City, SERRA, USEPA, ,State
of California Regional Water Quality Control Board or the District Attorney of
Orange County. Actions may be taken pursuant to the authority and provisions of
several laws, including but not limited to:
a. Federal. Water Pollution. Control Act (Clean Water Act).
b. California Porter -Cologne Water Quality Act (California Water Code).
c. California Hazardous Waste Control Law.
d. Resource Conservation and Recovery Act (RCRA).
B. Recovery of Pines or Penalties.
1. Payment of fines or penalties by the City due to enforcement actions of other
regulatory agencies based upon a violation by the City whose cause can be
established as the discharge of any user which is in violation of any provisions
of this ordinance or a wastewater discharge permit shall entitle the City to
recover from the user all cost and expenses, including, but not limited to the
full amount of fines and penalties which the City has been subjected to.
2. Each violation shall constitute a new and separate violation and shall be
subject to the fines and penalties contained herein.
C. Civil Liability
1. Pursuant to the authority of California Government Code Sections 54739-54740,
any permittee, discharger or other person who violates any provision of this
ordinance, any wastewater discharge permit condition, prohibition or effluent
limitation, or any order, compliance schedule, suspension of revocation shall
be civilly liable for a sum not to exceed twenty-five thousand dollars ($25,000)
per violation for each day in which such violation occurs.
2. Pursuant to the authority of Act. 33 U.S.C. Section 1251 st seq., any permittee,
discharger or other person who violates any provision of this ordinance, any
wastewater discharge permit condition, ,prohibition or effluent limitation., or
any order, compliance schedule, wastewater discharge permit suspension or
revocation shall be civilly liable for a sum not to exceed twenty-five thousand
dollars ($25,000) per violation for each day in which such violation occurs.
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909 CIVIL FINES A.ND„
PENALTIES (cont)
3. The City may petition the superior court to impose, assess and recover penalties
or other such penalties as the City may impose, assess and recover pursuant to
federal and/or state legislative authorization.
4. Notwithstanding any other provisions of law, all civil penalties imposed by the
court for a violation of this ordinance shall be distributed to the City in
which the violation(s) occurred.
5. Remedies under this section are in addition to and do not supersede or limit any
and all other remedies, civil or criminal, but no liability shall be recovered
under this section for any violation for which liability is recovered under
Section 909 D. of this ordinance.
D. Administrative Complaint
1. Pursuant to the authority of California Government Code Sections 54740.5 and
54740.6, the City may issue an administrative complaint to any permittee,
discharger or other person who violates any provision of this ordinance, any
wastewater discharge permit condition, prohibition or effluent limitation, or
any administrative, suspension or revocation order.
2. The administrative complaint shall be served by personal delivery or certified
mail on such person and shall inform the person that a hearing shall be
conducted, within sixty (60) days following service. The administrative
complaint will allege the act or failure to act that constitutes the
violation(s), set forth the provisions of law authorizing civil liability to be
imposed and the proposed civil penalty. The matter shall be heard by the City
Manager or his designee. The person to whom an administrative complaint has been
issued may waive the right to a hearing, in which case a hearing shall not be
conducted.
3. At the hearing, the person shall have an opportunity to respond to the
allegations set forth in the administrative complaint by presenting written or
oral evidence. The hearing shall be conducted in accordance with the procedures
established by the City Manager and approved by the City Attorney,
4. After the conclusion of the hearing, the City Manager's designee shall submit
a written report to the City Manager setting forth a brief statement of the
facts found to be true, a determination of the issues presented, conclusions and
a recommendation. Upon receipt of the written report, the City Manager shall
make his determination and should he find that grounds exist for assessment of
a civil penalty, he shall issue his decision and order in writing within thirty
(34) calendar days after the conclusion of the hearing. If not appealed, the
order shall be final thirty-one (31) days after it is served on the person.
S. A person dissatisfied with the decision of the City Manager may appeal to the
Council pursuant to Section 91.3 of this ordinance within. thirty (30) days of
notice of the City Manager's decision.
G. If, after the hearing or appeal, if any, it is found that the person has
violated reporting or discharge requirements or other provisions of the this
ordinance, the City Manager or Council may assess a civil penalty against that
person.
7. In the determination of the amount of the civil penalty, all relevant
circumstances may he taken into consideration, including, but not limited to,
the extent of harm caused by the violation, the economic benefit derived through
any non-compliance, the nature and persistence of the violations, the length of
time over which the violation occurs and the corrective action(s), if any,
attempted or taken by the person.
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909 CIVIL FINES AND PENALTIES cont
8. Civil penalties may be assessed as follows:
a. In an amount which shall not exceed two thousand dollars ($2,000) for each
day for failing or refusing to furnish technical or monitoring reports.
b. In an amount which shall not exceed three thousand ($3,000) for each day for
failing or refusing to timely comply with any compliance schedule
c. In an amount which shall not exceed five thousand dollars ($5,000) per
violation for each day for discharges in violation of any waste discharge
limitation, wastewater discharge permit condition, or requirement issued,
reissued or adopted by the City.
d. In an amount which does not exceed ten dollars ($10) per gallon for
discharges in violation of any suspensions, cease and desist order or other
orders, or prohibition issued, reissued or adopted by the City.
9. Payment of civil penalties shall be due within thirty (30) days of the date of
the order assessing the penalties becomes final. The amount of any
administrative civil penalties imposed which have remained delinquent for a
period of sixty (60) days from the date they are due shall constitute a lien
against the real property of the discharger from which the discharge resulting
in the imposition of the penalty originated. The lien shall have no force and
effect until recorded with the county recorder and when recorded shall have the
force and effect and priority of a judgment lien and continue for ten (10) years
and be renewable in accordance with law.
10. Copies of the administrative order shall be served by personal service or by
registered mail upon the party served with the administrative complaint and upon
other persons who appeared at the hearing and requested a copy of the order.
11. Any party aggrieved by a final order .issued by the council after granting review
of the order of the City Manager may obtain review of the order of the Council
in the Superior Court, by filing in the court a petition for writ or mandate
within thirty (30) days following the service of a copy of the decision and
order issued by the Council.
12. Any party aggrieved by a final order issued by the City Manager, for which. the
Council denies review, may obtain review of the order of the City Manager in the
Superior Court, by filing in the court a petition for writ of mandate within
thirty (30) days following service of a copy of a decision and order denying
review by the Council.
13. No administrative civil penalties shall be recoverable under this section for
any violation for which civil liability is recovered under Section. 909 C. of
this ordinance.
910 CRIMINAL P914ALTIES
A. Any person who violates any provision of this ordinance is guilty of a misdemeanor,
which upon conviction is punishable by a fine not to exceed one thousand dollars
($1,000) or imprisonment for not more than thirty (30) days or both.
B. Each violation shall constitute a new and separate violation and shall be subject
to the penalties contained herein.
911 PUBLIC NUISANCE
A. Discharge of wastewater in a manner that is in noncompliance or violation of this
ordinance or of any order issued by the City, in accordance with this ordinance,
shall hereby be declared a public nuisance and shall be corrected or abated as
directed by the City.
B. Any person creating a pudic nuisance is guilty of a misdemeanor and is subject to
the criminal penalties identified in Section 910.
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912 APPEALS TO THE CITY MANAGER
A. General
1. Any user affected by a decision, action or determination made by the City staff
may file with the City Manager a written request for an appeal hearing.
2. Request must be made within fifteen (15) clays of the mailing of the original
decision.
3. Request for hearing shall set forth details of all facts supporting the
appellate's request for hearing.
B. Notice
1. The City Manager shall, within fifteen (15) days of receiving the request for
appeal provide written notice to the user of the hearing date, time, and place.
2. The hearing time 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.
3. If the hearing is not held within the time set due to actions of the appellant,
then the City's decision shall be deemed final.
C. Hearing
1. The appellate shall have the opportunity to present information supporting its
position concerning the City's original decision, action or determination.
2. The hearing shall be conducted in accordance with procedures established by the
City Manager and approved by the City .Attorney.
D. Written Determination
I. After the hearing the City Manager shall make a determination whether to uphold,
modify or reverse original decision, action or determination.
2. This decision shall be put into writing within a brief statement of facts found
to be true, the determination of the issues presented, and the findings.
3. The final determination of the City Manager upon his approval shall be executed
as the order.
4. A copy shall be mailed or delivered to the appellant.
5. The order of the City Manager shall be final in all respects fifteen (15) days
after it is mailed to the appellant, unless appealed under Section 913 of this
ordinance.
F. Wastewater Discharge Permit Suspension/Revocation Appeals
1. Appeals regarding wastewater discharge permit suspension or revocation are
covered under Section 905 and Section 913 as specified in this ordinance.
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913 APPEALS TO THE COUNCIL
A. General
1. The user may, within thirty (30) days after the date of notification of the City
Manager's order upholding the City's determination, file a written appeal to the
Council.
2. A fee of one hundred dollars ($100) shall accompany the written appeal which
shall be refunded if the Council reverses or modifies the order of the City
Manager.
3. A request for appeal to the Council shall set forth details of the past record
and that new arguments cannot be raised on appeal to the Council that could have
been, but were not, raised in the prior appeal to the City Manager.
4. Pending the hearing on appeal, the user shall not be entitled to discharge into
the public sewer system beyond the effective date of the original order
determined by the City Manager, unless it has been determined by the City
Manager that the user is pursuing good faith arguments and approves such
discharge.
B. Notice
1. The Council Secretary, within fifteen (15) day: of receiving the request for
appeal, will provide written notice to the user of the hearing date, time and
place.
2. The hearing date shall not be more than forty-five (45) days from the mailing
of such notice by certified mail to the appellate unless a later date is agreed
to by the appellant.
3. If the hearing is not held within the time set due to action of the appellant,
the City Manager's decision shall be deemed final.
C. Hearing
I. The appellant shall have the opportunity to present information supporting its
position concerning the City Manager's determination.
2. The hearing shall be conducted in accordance with procedures established by the
Council and approved by the City Attorney.
T], Written Determination
I. Atter the hearing, the Council shall make a determination whether to uphold,
modify or reverse the original decision, action or determination as ordered by
the City Manager.
2. The decision of the Council shall be reduced to writing within thirty (30) days
after the hearing.
3. It shall contain a brief statement of facts found to be true, the determination
of the issues presented, and the findings. The decision shall be submitted to
the appellant.
4. The order of the Council shall be final upon its adoption.
- 44 -
914 JUDICIAL REVIEW
A. Purpose and Effect
1. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the time
in which a user may bring an administrative mandamus action shall be limited to
ninety (90) days following the final decision in the adjudicative administrative
hearing in question.
B. Time Limit for Judicial Review
1. Judicial review of any decision of the Council may be made pursuant to Section
1094.5 of the California Code of Civil Procedure only if the petition for writ
of mandate is filed no later than ninety (90) days following the date on which
any decision becomes final.
C. Preparation of Records
1. The complete record of the proceedings shall be prepared by the City and shall
be delivered or mailed to the petitioner within one hundred -ninety (190) days
after they have filed a written request.
2. The City shall recover from the petitioner its actual costs for preparing and
transcribing the record.
D. Extension
1. 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 may be filed,
pursuant to Section 1094.5 of the California Code of Cavil Procedures, shall be
extended to no later than thirty (30) days following the date on which the
record is delivered or mailed, by the City, to the petitioner.
E. Notice
1. In making a final decision, the City shall provide notice to the user whose
wastewater discharge permit has been denied, suspended or revoked, that the time
in which judicial review trust be sought is governed by Section 1094.6 of the
California Code of Civil Procedures.
F. This section does not apply to action taken under Section 909 of this ordinance.
915 PAYMENT AND COLLECTION OF FEES AND CHARGES
A. Except as otherwise provided, all fees and charges are due and payable upon receipt
of an invoice or notice thereof. All such amounts are delinquent if unpaid forty-
five (45) days after date of invoice or notice.
B. Any invoice or notice that becomes delinquent may have added to it an assessment
in accordance with the following:
1. Forty-six (46) days after the date of invoice or notice, an assessment of ten
percent (106) of the base amount, not to exceed a maximum of $1,000.
2. Ninety (90) days after the date of invoice or notice, a total of twenty-five
percent (250) of the base amount, not to exceed a maximum of $2,500.
C. Any invoice or notice that is outstanding and unpaid after ninety (90) days may be
cause for immediate initiation of wastewater discharge permit revocation
proceedings or immediate wastewater discharge permit suspension.
D. Delinquent assessments under this section may not accrue to those .invoices or
notices successfully appealed, provided the City received written notice of appeal
prior to the payment due date.
E. Payment of disputed fees and charges are still required by the due date during
review of any appeal submitted by permittee.
F. This section does not apply to Section 909 of this ordinance.
- 45 -
916 RECOVERY OF ENFORCEMENT COSTS
A. In the event a user fails to comply with any of the terms and conditions of this
ordinance, wastewater discharge permit, administrative order, wastewater discharge
permit suspension or revocation, or any other enforcement action, the City shall
be entitled to reasonable attorney's fees and costs which may be incurred during
enforcement of any terms and conditions with or without filing proceedings in
court.
917 FINANCIAL SECURITY CONDITIONS
A. Compliance Deposit
1. Users that have been subject to enforcement actions and/or fees, charges,
penalties or fines may be required to deposit with the City an amount determined
by the City Manager as necessary to guarantee payment of all charges, fees,
costs and expenses that may be incurred in the future.
2. A compliance deposit shall be received by the City before the City either issues
a wastewater discharge permit or grants the user permission .for further
discharge to the public sewer.
B. Delinquent Accounts
I. Any user who fails to make payment in full of all fees, charges, penalties or
fines assessed by the City including reconciliation amounts, delinquency fees,
and other costs, may be required to obtain the issuance of an amendment to their
wastewater discharge permit.
C. Bankruptcy
1. Any user filing any legal action in any court of competent jurisdiction,
including the United States Bankruptcy Court, for purposes of discharging its
financial debts or obligations or ,seeking court-ordered protection from its
creditors, shall within ten (10) days of filing such action, apply for and
obtain the issuance of an amendment to its wastewater discharge permit by the
City.
B. Wastewater Discharge Permit Amendments
1. An amendment issued to the user's wastewater discharge permit shall be in
accordance with the provision of this ordinance.
E. Security Deposit
1. An amendment to a wastewater discharge permit issued in accordance with this
ordinance may be conditional upon the user depositing financial security in an
amount equal to the total fees and charges from the preceding year_
2. Such a deposit shall be used to guarantee payment of all fees and charges
incurred for future services and facilities provided by the City and shall not
be used by the City to recover outstanding fees and charges incurred prior to
the permitted user filing and receiving protection from creditors in the United
States Bankruptcy Court.
F. Return of Security Deposit
1. if the user makes full payment in time of all fees and charges incurred over a
period of two (2) years following the issuance of an amendment to the user's
wastewater discharge permit prescribed by this ordinance, the user's security
deposit shall be returned or credited to the user's account.
46
918 REPORT OF ANALYSIS
A. All collected data from inspection and monitoring sampling conducted by the City
may be reported to the user. This data, if given to the user, shall be kept by the
user and the City and made available during inspections by the City.
919 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. When a discharger of wastes causes an obstruction, interference, damage, or other
impairment to sewage facilities or to the operation of those facilities, the City
may assess the costs against the user for the work required to clean, replace or
repair the facility together with expenses incurred to resume normal operations.
This shall also be grounds for wastewater discharge permit revocation. A service
charge of twenty --five percent (25a) of costs shall be added to the costs and
charges to cover the City's overhead, including administrative personnel and record
keeping. The total amount shall be payable within forty --five (45) days of invoicing
by the City.
B. If it can be shown that the discharge of any user is the cause of the City
violating its NPDES permit and pretreatment requirements established by any
Regulatory Agency or incurring additional expenses or suffering losses or damage
to the City facilities, then that user shall be responsible for any costs,
expenses, or assessments incurred by the City, made by other agencies or a court.
C. Where two or more dischargers cause a single and indivisible harm to the treatment
facility, each is jointly and severally liable for the damages. The burden of proof
is on the dischargers to demonstrate that the harm is divisible.
920 INDUSTRIAL WASTE PASS THROUGH
A. 1f an industrial waste discharge results in a "pass through event in sewage
facilities, all costs associated with the event, including but not limited to
treatment costs, fines, regulatory fines, and other indirect costs may be charged
against the discharger.
B. The discharger shall submit plans which prevent future recurrences to the
satisfaction of the City.
C. A second occurrence shall be grounds for wastewater discharge permit revocation
without the right of appeal.
921 BATCH DUMPS
A. When the City determines that a user has discharged concentrated noncompatible
wastes to the public sewer in a manner or method that is not approved by the City,
any enforcement action may be taken as set forth in this ordinance.
B. The user shall be subject to wastewater discharge permit suspension or revocation
in accordance with this ordinance as well as any other legal enforcement penalties
or remedies available to the City.
922 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE (SNC)
A. To comply with the requirements of federal law, the City shall annually publish the
names of all industrial users that are in significant noncompliance of federal
pretreatment standards.
S. Publication of this SNC notice shall, be in the newspaper of the largest daily
circulation published in service areas.
C. The determination of significant noncompliance is based upon the definition set
forth in section 202 A.99. of this ordinance.
- 47
ARTICLE 10
FEES AND CHARGES
1001 APPLICATION FEE
A. All application fees shall be in an amount adopted by the City.
B. Payment of the application fee must be received before the issuance of a new or
renewal of a wastewater discharge permit.
C. User skull pay any delinquent invoices in full, prior to the wastewater discharge
permit renewal.
1002 ANNUAL WASTEWATER DISCHARGE PERMIT FEE
A. The annual fee shall be in an amount adopted by the City.
B. The annual fee shall be due on or before the date set by the City.
1003 INSPECTION MONITORING AND SAMPLING CHARGES
A. Any and all casts incurred by the City to inspect, monitor and sample a user for
the purpose of assuring compliance with this ordinance, the user's wastewater
discharge permit, or other regulations, shall, be paid for by the user only upon
receipt of an invoice or bill from the City.
1004 DELINQUENCY FEES
A. Any fees that becomes delinquent may have added to it an amount as set forth in
Section 915 of this ordinance.
B. Any delinquent fee and all assessments including court costs and legal fees thereon
may be collected by lawsuit in the name of the City.
1.005 FEES AND CHARGES
A. The user will be required to pay all applicable fees and charges that are
established by the City only upon receipt of an invoice or bill.
B. Any wastewater discharge permit issued for a location where the user is not the
property owner, may be conditioned upon depositing financial security to guarantee
payment of all fees and charges to be incurred, in accordance with the provisions
of Section 917 of this ordinance.
1006 RECORDING OF FEES AND CHARGES
A. The City may keep a permanent and accurate record and account of all fees and
charges received under this ordinance.
B. Record information shall include, but is not limited to:
1. Name and address of user.
2. Date and amount of fee or charge.
3. Purpose for which fees or charges were paid.
C. All fees and charges collected buy the City under this ordinance shall be
distributed to the City in which the fee and/or charge was collected.
- 48 -
ARTICLE 11
SEVERABILITY
1101 SEVERABILITY
A. If any provisions of this ordinance or the application thereof to any persons or
circumstances is held invalid, unenforceable, or unconstitutional by any court of
competent jurisdiction, the remainder of this ordinance or the application of such
provision, to other persons or other circumstances shall not be affected.
B. If any section, subsection, clause or phrase of this ordinance is for any reason
held to be invalid, unenforceable or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the remaining portions of this
ordinance. The Council declares that they would have passed said ordinance by
section, subsection, sentence, clause or phrase thereof.
ARTICLE 12
REPEAL
1201 REPEAL
A. All ordinances or parts of ordinances inconsistent with this ordinance are hereby
repealed to the extent that they are inconsistent with the provisions of this
ordinance.
ARTICLE 13
EFFECTIVE DATE
1301 EFFECTIVE DATE
A. This ordinance shall become effective thirty (30) days after adoption..
Date
Tate
CI'T'Y OF SAN JUAN CAPISTRANO
by
President
by
Secretary
49 -