HomeMy WebLinkAboutOC Sanitation District (OCSD) - 2002-04-01kPADAVII Doi
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
City k's Signature
Council Meeting Date: April 1, 2002
Department ID Number: PW 02-033
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CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO:
HONORABLE MAYOR AND CITY CO NCIL MEMBERS
V?
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SUBMITTED BY:
PREPARED B
RAY SILVER, City Administrator
ROBERT F. BEARDSLEY, Director of Public Works
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SUBJECT:
OCSD Agreement For Dry Weather Urban Runoff Discharge
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
The City currently has nine drainage pump stations diverted to the Orange County Sanitation
District (OCSD). OCSD has requested a formal agreement detailing the conditions and
requirements for dry weather urban runoff discharge.
Funding Source:
No funding is required for this action.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the Orange County Sanitation
District Agreement for Dry Weather Urban Runoff Discharge.
Alternative Action(s):
Do not approve the Orange County Sanitation District's Agreement for Dry Weather Urban
Runoff Discharge. This action would require the City to discontinue all pump station
diversion operations in the Talbert Watershed. The dry weather urban runoff would then be
discharged into the Talbert Channel or the Huntington Beach channel and ultimately flow into
the ocean.
Analysis:
The City of Huntington Beach has been diverting dry weather urban runoff from the Talbert
Watershed into Orange County Sanitation District's (OCSD) sewer system since the summer
of 1999 when 4 % miles of the Huntington Beach coast was closed due to elevated levels of
bacteria. Currently, the City is operating nine drainage pump station diversions. I D
REQUEST FOR ACTION
MEETING DATE: April 1, 2002 DEPARTMENT ID NUMBER: PW 02-033
When the diversions began, OCSD had no specific agreement for accepting dry weather
urban runoff. Since that time, additional cities have also started diverting dry weather
urban runoff In March 2001, OCSD developed the attached Dry Weather Urban Runoff
Policy and Agreement Public Works and City Attorney staff has reviewed the Agreement
and recommend City Council approval. OCSD agreed to make several modifications to the
Agreement at staffs request, and although not all modifications were made, no further
changes will be supported by OCSD.
Diverting dry weather urban runoff into the sanitary sewer is an effective means by which
the City can reduce pollutant loading in our waterways. Approving this Agreement will
allow the City to continue use of this method should we desire. Per OCSD's requirements,
this agreement covers only the Talbert Watershed. Should the City elect to divert flows
from any additional areas, an amendment to the agreement would be required.
As outlined in the Agreement, OCSD intends to continue to waive fees and charges
associated with authorized discharges of dry weather urban runoff until such time as (1) the
total volume of all dry weather urban runoff discharges to the sewer system exceeds four
million gallons per day (mgd) or (2) the District otherwise modifies its dry weather urban
runoff policy to require dischargers to pay a fee for various charges.
OCSD's maximo-rn dry weather urban runoff capacity is ten mgd; no discharge above this
amount will be accepted due to resource constraints. Currently there is a total of
approximately 2.9 mgd of dry weather flow being diverted into OCSD's sewer system. The
City of Huntington Beach is currently diverting approximately 0.9 mgd, or 31% of the total
flow Other agencies diverting flows include the County of Orange, the City of Newport
Beach and Irvine Ranch Water District.
Environmental Status:
Not applicable for this action.
Attachment(s):
RCA Author Geraldine Lucas
G \R C A\2002\02-033 April 1 Lucas (OCSD Dry Weather Runoff Agreement) doc -2-
3/22/2002 9:41 AM
ATTACHMENT #1 ----Jl
AGREEMENT FOR DRY WEATHER URBAN RUNOFF DISCHARGE
THIS AGREEMENT ent") is made and entered into, to be
("Agree
effective the ,? day of , 2002 (the "Effective Date"), by and
between the ORANGE COUNTY SANITATION DISTRICT ("OCSD"), a county
sanitation district and the CITY OF HUNTINGTON BEACH ("CITY"), a municipal
corporation. OCSD and CITY are sometimes hereinafter individually referred to
as "Party" and hereinafter collectively referred to as the "Parties".
RECITALS
A. Dry Weather Urban Runoff is generated from the Talbert Channel
("Drainage Area") as shown as Exhibit "A", a map illustrating the boundaries of
the drainage area. Dry Weather Urban Runoff is entering into the City of
Huntington Beach and State beaches and may be contributing to the frequent
public health advisory postings where bacteria samples have exceeded the limits
set by state law (California Health & Safety Code Sections 115880, 115885 and
115915) for swimmable waters. CITY has asserted that on the basis of the
information currently available it is infeasible to economically or practically treat
Dry Weather Urban Runoff in order to avoid the discharge of such runoff to the
Pacific Ocean. CITY has requested that OCSD accept the Dry Weather Urban
Runoff generated from the Drainage Area into OCSD's Sewerage System.
B. CITY has agreed to undertake responsibility for: (1) the
construction, operation and maintenance of all facilities required for the collection
and discharge of Dry Weather Urban Runoff from the Drainage Area, through
CITY's diversion facilities, to OCSD's Sewerage System; (2) compliance with all
OCSD requirements relating to urban runoff generated, collected and transported
by CITY to OCSD's Sewerage System; and (3) all liability and damages
associated with the urban runoff discharge from the Drainage Area to OCSD's
Sewerage System;
C. CITY estimates that the volume of Dry Weather Urban Runoff
generated, collected and transported by CITY could be approximately & million
gallons per day, and the maximum flow rate of the discharge to OCSD's
Sewerage System will not result in a surcharge of any local sewer and/or the
Sewerage System;
D. OCSD has available limited system capacity in its collection,
treatment and disposal facilities which will allow OCSD to accept certain Dry
Weather Urban Runoff discharges without adversely affecting OCSD's primary
function of collection, treatment and disposal of sanitary sewer discharges;
E. OCSD does not have system capacity available to allow urban
runoff discharges to OCSD's facilities other than limited amounts of Dry Weather
Urban Runoff;
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F. On March 28, 2001, OCSD established its Dry Weather Urban
Runoff Policy by the adoption of Resolution No. OCSD 01-07, a copy of which is
attached hereto as Exhibit "B". The policy was developed to address certain
environmental concerns associated with Dry Weather Urban Runoff;
G. OCSD has determined that it will accept Dry Weather Urban Runoff
discharge to its Sewerage System provided that the discharge occurs in full and
complete compliance with the terms of OCSD's Dry Weather Urban Runoff Policy
and in accordance with OCSD Ordinance Nos. OCSD-01, and OCSD-15, as set
forth in Exhibit "C" and all other current or future OCSD ordinances, regulations,
rules and requirements;
H. OCSD is willing to accept CITY's Dry Weather Urban Runoff from
the Drainage Area, provided that the discharge occurs in strict accordance with:
(1) OCSD's Dry Weather Urban Runoff Policy, and the impacts of accepting
Urban Runoff on the District's System, as such policy may be amended from time
to time in OCSD's sole discretion; (2) the Wastewater Discharge Permit which
OCSD intends to issue to CITY for such discharge, as such permit may be
renewed or amended from time to time by OCSD in accordance with OCSD's Dry
Weather Urban Runoff Policy; (3) OCSD's Wastewater Discharge Regulations
and other ordinances, as such regulations may be established or amended from
time to time; (4) this Agreement; (5) procedures developed by OCSD addressing
the discharge of urban runoff to the Sewerage System, including but not limited
to procedures for the shut-off of such discharges; (6) any other applicable law
and/or regulations governing the collection, treatment and/or disposal of the
runoff; and (7) any permits issued by regulatory agencies with jurisdiction over
the runoff or the OCSD's wastewater system and operations.
NOW, THEREFORE, OCSD and CITY agree as follows:
1.0 Terms and Definitions. As used in this Agreement, the following
terms shall have the meanings set forth herein.
1.1 "Dry Weather" shall mean any period which does not fall
within the definition of Wet Weather.
1.2 "Dry Weather Urban Runoff" means surface runoff which is
generated on or flows from the Drainage Area.
1.3 "Pollutants of Concern" shall mean pollutants identified on
Exhibit "D" attached hereto and as such list of pollutants may be periodically
amended by OCSD in its sole discretion, which pollutants OCSD has determined,
or in the future determines, shall be the subject of regulation and/or monitoring
pursuant to the Dry Weather Urban Runoff Policy.
1.4 "Pollutant Violation" shall mean the discharge at any time of
any Pollutant(s) of Concern, into the diversion system required herein to the
Sewerage System, which discharge is not in compliance with any condition,
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provision and/or discharge limit set forth in the Wastewater Discharge Permit,
OCSD's Ordinances or this Agreement.
1.5 "Sewerage System" means the Sewerage System operated
and maintained by OCSD, including its collection, treatment and disposal
facilities and all additional similar facilities which may be installed or constructed
subsequent to the date of this Agreement.
1.6 "Wastewater Discharge Permit" means the permit which
OCSD intends to issue to CITY to authorize, under specified terms and
conditions, the discharge of Dry Weather Urban Runoff to the Sewerage System,
which permit, along with OCSD's Ordinances, Dry Weather Runoff Policy and
this Agreement, shall govern such discharge to the Sewerage System.
1.7 "Wet Weather" shall mean any period during which
measurable rainfall, recorded by a source deemed reliable by the OCSD, occurs
in any portion of OCSD's service area and shall include the period following the
cessation of rainfall until OCSD determines that the wet weather event is no
longer impacting OCSD's collection, treatment and disposal facilities.
2.0 Diversion System. CITY shall be authorized to discharge Dry
Weather Urban Runoff from the Drainage Area to OCSD's Sewerage System in
accordance with the terms of this Agreement.
2.1 CITY shall construct and maintain a fully functioning
diversion system acceptable to OCSD, which shall include facilities for collection
of Dry Weather Urban Runoff, a diversion structure and facilities for connection to
OCSD's Sewerage System. The diversion system shall be capable of excluding
all flow received into the diversion system, from entering into OCSD's Sewerage
System. The diversion system shall be operational prior to the discharge of any
Dry Weather Urban Runoff from the Drainage Area to the Sewerage System. The
diversion system shall be equipped with a lockable shut off device, satisfactory to
OCSD, and to which OCSD shall be provided with access at all times. CITY
shall be responsible for closing all diversion system valves necessary to prevent
any discharge to the Sewerage System during both Wet Weather and Pollutant
Violation events. OCSD shall notify CITY of the failure of CITY to prevent all
discharges to the Sewerage System during any Wet Weather or Pollutant
Violation event. In the event that the quality or quantity of the dry weather urban
runoff discharge to the Sewerage System does not meet the conditions,
provisions, or limitation set forth in Ordinance No. OCSD-01, CITY shall take
immediate action to commence correcting in a timely manner the problem(s) to
ensure that full compliance is met. If CITY does not take immediate action to
correct the problem(s), OCSD shall immediately terminate the authorization for
Dry Weather Urban Runoff discharges. In the event that CITY fails to shut off the
flow to the Sewerage System during any Wet Weather or Pollutant Violation
event, OCSD shall be immediately entitled to close the valves and shut off the
flow to the Sewerage System. CITY shall have complete responsibility for the
construction, operation and maintenance of the diversion system and all other
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associated facilities, including all costs associated therewith. The Parties
acknowledge that OCSD is continuing to develop procedures for shutting off the
discharge to OCSD's Sewerage System during Wet Weather events. CITY may
provide suggestions to OCSD regarding such procedures, but the final
determination of such procedures shall be made by OCSD.
2.2 In conjunction with CITY's application for a Wastewater
Discharge Permit pursuant to Section 3, CITY shall submit to OCSD design
drawings and specifications for maximum design flows and a proposed operation
and maintenance plan for the proposed diversion system through which CITY
intends to discharge Dry Weather Urban Runoff to the Sewerage System. The
design drawings, specifications, operations and maintenance plan shall be
sufficient to establish to the reasonable satisfaction of OCSD that the Project's
Dry Weather Urban Runoff (1) shall not, alone or in conjunction with other
discharges to the Sewerage System, cause pass through of debris and/or
interference with OCSD's Sewerage System; and (2) shall otherwise comply with
all OCSD requirements applicable to the proposed discharge. The CITY
submittal shall identify equipment, reasonably satisfactory to OCSD, to be
installed which equipment is capable of measuring and recording on a daily basis
the Dry Weather Urban Runoff flow discharged from the Drainage Area to the
Sewerage System. The Parties anticipate that a pump system will be necessary
as part of the diversion system. Pump capacity for the diversion system shall be
limited to a flow rate that, in OCSD's sole determination, will not result in a
surcharge of any local sewer and/or the Sewerage System.
2.3 No later than the commencement of either a Wet Weather or
Pollutant Violation event, CITY shall shut off the flow of urban runoff (and
accompanying storm water) to OCSD's Sewerage System. CITY shall be
responsible for determining whether a Wet Weather event is occurring unless
OCSD establishes and maintains in effect a written procedure through which
OCSD undertakes to notify CITY of the commencement of Wet Weather events.
The discharge shall not resume until CITY has obtained OCSD approval for the
resumption of the discharge or as otherwise specified in accordance with
established OCSD written procedures.
(a) Notwithstanding the foregoing in Section 2.3 herein, if either
CITY or OCSD initiates communication with the other, during which
communication, an authorized OCSD representative grants permission for CITY
to continue to discharge during a Wet Weather event or during any period of time
when a Wet Weather event is forecasted to have some chance of occurring,
CITY may continue the discharge to OCSD's Sewerage System during such
event.
(b) OCSD shall provide to CITY a list of persons authorized by
OCSD to provide permission/approval for the continuation or resumption of the
discharge. OCSD may periodically amend the list by notice to CITY provided
pursuant to Section 18.2 herein.
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24 CITY shall design the diversion system to prevent debris
from entering into the Sewerage System.
2.5 No later than CITY's submittal of an application for a Waste
Discharge Permit pursuant to Section 3, CITY shall submit a report, satisfactory
to OCSD, evaluating the feasibility of other disposal alternatives for reducing the
volume and otherwise disposing of the Dry Weather Urban Runoff, including, but
not limited to implementation of best management practices and pollution
prevention techniques, use of retention basins, use of best available technology,
discharge of the runoff into storm drains and reuse and reclamation of the runoff.
The report shall provide an analysis of each disposal alternative and demonstrate
why each alternative is not economically, technically and practically feasible to
dispose of the Dry Weather Urban Runoff in lieu of Sewerage System discharge.
CITY shall consult with OCSD in advance of preparation of this report in order to
determine the scope of disposal alternatives to be evaluated. OCSD may use
the information in this report, as well as information received by OCSD from other
recognized industry or academic sources, to establish terms and conditions on
which the discharge from the Drainage Area to the Sewerage System may occur.
2.6 Concurrently with the submittal of the design drawings
pursuant to Section 2.2, CITY shall submit to OCSD proposed best management
practices, best available technology options, and pollution prevention strategies
designed to minimize or eliminate Dry Weather Urban Runoff from the Drainage
Area. CITY shall implement the best management practices, best available
technology and pollution prevent strategies identified by OCSD in response to
CITY's submittal, including such practices and/or strategies that OCSD
determines, now or in the future, are appropriate in addition to those submitted
by CITY. The failure of CITY, to implement such best management practices,
best available technology and pollution prevention strategies to the reasonable
satisfaction of OCSD shall be grounds for OCSD to terminate the discharge
authorized by this Agreement. Compliance with Best Management Practices and
Best Available Technology of the NPDES Permit issues by the Regional Water
Quality Control Board - Santa Ana Region to City re Best Management Practices
and Best Available Technology, may be deemed compliance with this Section.
2.7 If any part of the diversion system is located on property
owned by a person or entity other that CITY, CITY shall obtain and record an
irrevocable easement for the duration of the project in favor of and in a'form
satisfactory to OCSD authorizing access by OCSD employees to the diversion
system at any time to ensure the proper operation, maintenance and repair of the
diversion system and compliance by CITY with all requirements of this
Agreement.
2.8 The Parties acknowledge that a small and incidental amount
of groundwater (i.e., underground springs, etc.) may mix with the urban runoff
and be discharged to OCSD's Sewerage System in accordance with this
Agreement. This does not include construction dewatering discharge.
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3.0 Wastewater Discharge Permit. Prior to the design and construction
of the diversion system to the Sewerage System, CITY shall apply for a
Wastewater Discharge Permit from OCSD. Upon written notice to CITY, and
providing CITY with a reasonable time to respond, OCSD shall have the authority
in its sole discretion to modify the terms, conditions and/or discharge limits set
forth in the Wastewater Discharge Permit or otherwise require additional
management practices, pollution prevention strategies and/or treatment
equipment to improve the quality of the discharge and to reduce the impact of the
discharge on the Sewerage System as may be required by the provisions of
OCSD's current or future regulatory constraints. A sample of a Wastewater
Discharge Permit authorizing the discharge of urban runoff to OCSD's Sewerage
System is attached as Exhibit "E".
3.1 The initial term of the Wastewater Discharge Permit shall be
as stated in the permit. The permit shall only be renewed in accordance with the
Dry Weather Urban Runoff Policy in effect at that time and this Agreement.
OCSD may reduce or extend the length of subsequent permits.
3.2 Upon issuance of the Wastewater Discharge Permit, CITY
shall be authorized to discharge Dry Weather Urban Runoff through the diversion
system into the Sewerage System in accordance with this Agreement.
3.3 Upon expiration of each Wastewater Discharge Permit and
at such other times as OCSD deems appropriate, OCSD shall evaluate the
quality and quantity of the discharge in order to assess the effectiveness of the
existing terms, conditions and discharge limits in the permit and the need for
modification of the permit. The terms, conditions and discharge limits of the
renewal shall be dependent upon the results of OCSD's evaluation.
4.0 Compliance with Dry Weather Urban Runoff Policy. CITY shall
comply with the requirements of OCSD's Dry Weather Urban Runoff Policy, as
such policy may be periodically amended by OCSD.
5.0 Indemnification. CITY shall defend, indemnify and hold harmless
OCSD, and its Board members, officers, agents, and employees from any and all
third -party liabilities, claims, penalties, forfeitures, suits, and the costs and
expenses incident thereto (including cost of defense, experts, settlement, and
reasonable attorney fees), which they may hereinafter incur, become responsible
for or pay out as a result of actions or omissions associated with activities related
to this Agreement, including, but not limited to (1) any Dry Weather and/or Wet
Weather runoff associated in any manner with the Drainage Area; and (2) runoff
and any direct or indirect impacts thereof occurring as a result of the termination
of the discharge to the Sewerage System or this Agreement.
This indemnification shall apply to any affirmative acts or acts of omission
by OCSD, including but not limited to any OCSD action to close the diversion
system valves and prevent the discharge to the Sewerage System, but shall not
apply to (1) any active negligence of OCSD (unless such active negligence is
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alleged to have occurred with respect to any OCSD action to render emergency
assistance at the diversion system facilities in the event of an operational
malfunction or other problem at such facilities) or (2) any intentional wrongful acts
or omissions of OCSD.
This indemnification provision shall survive the termination of the
remaining provisions of this Agreement as to any matter(s) which are the subject
of this Agreement, and which otherwise arises before or upon such termination,
until such time as the determination of said matter(s) becomes final. In the event
OCSD enters into an agreement(s) with any other party(ies) to accept dry
weather urban runoff into its Sewerage System and any such agreement
contains an indemnification clause different from this section, such clause shall,
at CITY's election exercised by written notice to OCSD, be deemed to replace
this section as of the date(s) of such agreement(s).
6.0 Quality and Quantity of Discharge. The quality and quantity of the
Dry Weather Urban Runoff from the Drainage Area shall meet all terms,
conditions, and discharge limits contained in OCSD's Wastewater Discharge
Regulations, including subsequent amendments thereto, and the Wastewater
Discharge Permit referred to in Section 3.0 herein.
7.0 Self Monitoring. CITY shall conduct self monitoring of the Dry
Weather Urban Runoff for Pollutants of Concern, as directed by OCSD, to insure
compliance with the terms, conditions and discharge limits set forth in the
Wastewater Discharge Permit, OCSD's Ordinances and this Agreement. Unless
otherwise directed by OCSD, CITY shall conduct self monitoring of the Dry
Weather Urban Runoff discharge on a quarterly basis. The results of all self
monitoring shall be submitted to OCSD as directed by OCSD as referenced in
Resolution OCSD 01-07.
8.0 Enforcement. In the event of a Pollutant Violation or if the quality or
quantity of the discharge to the Sewerage System does not meet the conditions,
provisions or discharge limits set forth in the Wastewater Discharge Permit,
OCSD's Ordinances, or this Agreement, and, notwithstanding the diversion
system shutoff authorization set forth in Section 2.1, OCSD may take
enforcement action for any violation of the terms of the Wastewater Discharge
Permit and/or OCSD's Ordinances, which violation occurs prior to the shutoff, in
accordance with the provisions of Ordinance No. OCSD-01, including any
subsequent amendments thereof or successor ordinance thereto. For purposes
of this Agreement, the parties agree that the discharge from the Drainage Area to
the Sewerage System will be treated as industrial wastewater pursuant to
Government Code Sections 54739 - 54740.6, including any subsequent
amendments thereto, and subject to the penalty and other provisions thereof.
9.0 Fees and Charges. The Parties acknowledge that, pursuant to
OCSD's current Dry Weather Urban Runoff Policy, no fees or charges, other than
non-compliance fees, if appropriate, will initially be imposed until the total
discharge of Dry Weather Urban Runoff from all sources to OCSD's Sewerage
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System exceeds 4 million gallons per day. At such time as the discharge
exceeds 4 million gallons per day, all dischargers, including CITY, CITY shall
thereafter pay Sanitary Sewer Service Charges for the operations and
maintenance expenses incurred by OCSD at the rate of $321.00 per million
gallons for each discharger's total discharge to OCSD's Sewerage System.
9.1 It is not OCSD's intent at this time to charge "Supplemental
Capital Facility Capacity Charges" for the acceptance of Dry Weather Urban
Runoff from any permitted discharger. In the event OCSD subsequently decides
to charge Supplemental Capital Facility Capacity Charges, the charges will be
levied on all then -existing and future permittees, including City, and will be
established at the Significant Commercial -Industrial User rate pursuant to OCSD
Ordinance No. OCSD-15 or any successor ordinances thereto. Supplemental
Capital Facilities Capacity Charge which would be applicable to Dry Weather
Urban Runoff is established by Ordinance No. OCSD-15, Section 3.07, and is
calculated by measured flow, Biochemical Oxygen Demand ("BOD"), and
Suspended Solids ("SS") discharged per day.
9.2 Notwithstanding any other provision of this Agreement,
OCSD may, in its sole discretion, impose and/or modify fees and charges
applicable to the discharge. In accordance with OCSD Ordinance Nos. OCSD-
01 and OCSD-15 and any other current or future OCSD ordinances, resolutions,
regulations, rules and/or policies, CITY shall pay all fees and charges, in an
amount as initially adopted or as subsequently modified by OCSD, related to the
discharge including but not limited to Sanitary Sewer Service Charges,
Supplemental Capital Facility Capacity Charges, Administrative Fees, and Non -
Compliance Fees; provided that CITY shall not be required to pay any such fees
or charges in an amount proportionately higher than any other public agency
with whom OCSD enters into an agreement to accept Dry Weather Urban Runoff
into its Sewerage System. Failure to pay any fees in a timely manner shall be
cause for termination of the Wastewater Discharge Permit and the discharge to
the Sewerage System.
10.0 Access to CITY Facilities. CITY shall provide OCSD employees
with 24-hour a day access to all facilities which CITY constructs, owns, operates
and/or maintains for collection, transport, treatment and/or disposal of the Dry
Weather Urban Runoff which is the subject of this Agreement. Such access is
for purposes of OCSD inspection, monitoring, closure of the valves allowing the
discharge to OCSD's Sewerage System, as OCSD in its sole discretion
determines is appropriate, and verification of compliance with the Wastewater
Discharge Permit, OCSD's Ordinances and this Agreement.
11.0 Administrative Costs. Once the total discharge of urban runoff to
OCSD's Sewerage System from all sources exceeds 4 million gallons per day, all
OCSD administrative costs related to the implementation of this Agreement and
monitoring of compliance by CITY with the Wastewater Discharge Permit,
OCSD's Ordinances, and this Agreement shall be borne by CITY. CITY shall
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reimburse OCSD within 30 days of submittal by OCSD of an invoice to CITY for
such costs.
12.0 Termination of Discharge. If OCSD determines that the Dry
Weather Urban Runoff, alone or in conjunction with other discharges, is
adversely affecting or threatening to adversely affect OCSD's Sewerage System
or causing or threatening to cause a violation of its National Pollution Discharge
Elimination System permit ("NPDES permit"), OCSD shall so notify CITY which
shall immediately cease all discharge to the Sewerage System.
12.1 Evaluation of Impact. During the three (3) years following
the effective date of this Agreement, and periodically thereafter, OCSD intends to
evaluate the impacts of the acceptance of urban runoff on OCSD's Sewerage
System and on OCSD's effluent, OCSD reserves the right to modify OCSD's Dry
Weather Urban Runoff Policy, as OCSD, in its sole discretion, determines is
appropriate. Any discharge from the Drainage Area to OCSD's Sewerage
System shall be subject to such modified policy, including a termination of the
program of acceptance of Dry Weather Urban Runoff.
13.0 Additional Requirements. CITY acknowledges that OCSD may, as
it deems appropriate, impose requirements for implementation of additional
management practices and pollution prevention strategies to reduce the burden
on the Sewerage System. Notwithstanding the foregoing in this Section 13.0,
CITY may, in its sole discretion, determine not to provide such additional
treatment and facilities or implement such additional management practices and
pollution prevention strategies. CITY shall provide written notice to OCSCD of
such determination pursuant to Section 18.2 herein. Such determination shall be
deemed an election by CITY to terminate this Agreement, and CITY shall then
immediately cease the discharge of Dry Weather Urban Runoff to the Sewerage
System.
14.0 CITY Reliance on Consultants. CITY shall rely on its own staff
and/or consultants to ensure that the facilities and equipment which CITY installs,
operates and maintains pursuant to this Agreement shall function as intended.
No approval or acceptance by OCSD of design drawings, management
practices, technologies, pollution prevention strategies, or any other proposals by
CITY shall be construed as a representation by OCSD that such design,
management practices, technologies, pollution prevention strategies, or
proposals will enable CITY to comply with the terms and conditions of the
Wastewater Discharge Permit, OCSD's Ordinances, including amendments
thereto, this Agreement or any other entitlement or permit issued by a regulatory
authority to CITY.
15.0 Damage to OCSD's Sewerage System. As between OCSD and
CITY, CITY shall bear the entire cost of and shall reimburse OCSD for any and
all costs and/or expenses incurred by OCSD as a result of damage to the
Sewerage System from any Dry Weather or Wet Weather runoff associated in
any manner with diversions by CITY.
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16.0 No Capacity Right or Entitlement. In keeping with OCSD's long
standing policy on all sewer system connections, nothing in this Agreement, or in
the Wastewater Discharge Permit, shall be construed to provide CITY with any
vested entitlement to discharge Dry Weather Urban Runoff to the Sewerage
System or with a capacity right in the Sewerage System.
17.0 Third Party Beneficiary. Nothing in this Agreement shall be
construed to create any rights or benefits in any third party to this Agreement.
18.0 General Provisions.
18.1 Authority to Enter Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right and
authority to make this Agreement and bind each respective Party.
18.2 Notice. All notices, demands, invoices, and written
communications required to be provided under this Agreement, shall be delivered
at the following addresses or such other addresses as Parties may designate by
written notice:
If to CITY: CITY of Huntington Beach
Attention: Water Operations Manager
2000 Main Street
Huntington Beach, California 92648
If to OCSD: Orange CITY Sanitation District
Attention: General Manager
10844 Ellis Avenue
Fountain Valley, California 92708
With Copy To: Director of Technical Services
Orange County Sanitation District
P.O. Box 8127
Fountain Valley, California 92728-8127
Depending on the method of transmittal, notice shall be deemed received as
follows: by facsimile or other electronic transmission, as of the date and time
sent; by messenger, as of the date delivered; and by U. S. Mail first class
postage prepaid, as of seventy-two (72) hours after deposit in the U. S. Mail.
18.3 Construction of Agreement. It being agreed that both Parties
or their agents have participated in the preparation of this Agreement, the
language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party. Any term referencing time,
days or period for performance shall be deemed calendar days and not work
days. The headings of the various articles and sections herein are for the
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convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content or intent of this Agreement.
18.4 Amendment, Modification. No supplement, modification or
amendment of this Agreement shall be binding unless executed in writing and
signed by the Parties.
18.5 Waiver. No waiver of any default shall constitute a waiver of
any other default or breach, whether of the same or other covenant or condition.
No waiver, benefit, privilege or service voluntarily given or performed by a Party
shall give the other Party any contractual right by custom, estoppel or otherwise.
18.6 Binding Effect. Each and all of the covenants and conditions
shall be binding on and shall inure to the benefit of the Parties, and their
successors, heirs, personal representatives, or assigns. This section shall not be
construed as an authorization for any Party to assign any right or obligation
under this Agreement.
18.7 Invalidity, Severability. If any portion of this Agreement is
declared invalid, illegal, or otherwise unenforceable by a court of competent
jurisdiction, the entire agreement shall be deemed invalid, illegal or otherwise
unenforceable.
18.8 Time Is Of The Essence. Time is of the essence in this
Agreement, and the Parties agree to execute all documents and proceed with
due diligence to complete all covenants and conditions.
18.9 Counterparts. This Agreement may be signed in
counterparts, each of which shall constitute an original and which collectively
shall constitute one instrument.
18.10 Entire Agreement. This Agreement contains the entire
agreement between the Parties and supersedes any prior oral or written
statements or agreements between the Parties.
18.11 Attorneys' Fees. In the event that any action or proceeding
is commenced between the Parties to enforce or interpret any term of this
Agreement, the prevailing party in such action or proceeding, in addition to all
other relief to which it may be entitled, shall be entitled to recover from the other
party the prevailing party's costs of suit and reasonable attorney fees.
18.12 Effect of Recitals. The Recitals above are deemed true and
correct, are hereby incorporated in this Section as though fully set forth herein,
and each Party to this Agreement acknowledges and agrees that such Party is
bound by the same.
18.13 Effective Date. This Agreement shall become effective on
the date first set forth above. Notwithstanding the foregoing, no discharge of Dry
WSS - TLW pj D4 03/06/02 148785 - CLEAN 11
Weather Urban Runoff to OCSD's Sewerage System shall occur prior to CITY
obtaining a Wastewater Discharge Permit pursuant to Section 3.0 herein.
IN WITNESS WHEREOF, OCSD and CITY have each caused this
Agreement to be executed by its duly authorized representative on the day and
year set forth.
07 NGE CITY SANITATION D T
'uel
hair, o f Direr s
By:
Secreta of the Boar o Directors • f
APPROVED AS TO FORM: ti
THOMAS L. WOODRUF"4
DISTR COUNSEL =.r
Thomas L. Woodruff
City of Huntington Beach
By: ."a 2"IL
Debbie Cook, Mayor
ATTEST:
By: 1"'00vA
Connie Brockway, City Cler Y oZ
APPROVED AS TO FORM:
Gail Hutton, City Attorney
By:
ttorney for City & Huntington Beach \oti
WSS - TLW pj D4 03/06/02 148785 - CLEAN 12
EXHIBIT "A"
I
LEGEND
CITY CHANNEL
CITY PUMP STATION
COUNTY CHANNEL
COUNTY PUMP STATION
CITY OF HUNTINGTON BEACH
4 4
11 11 11,DEPARTMENT OF PUBLIC WORKS
EXHIBIT "B"
RESOLUTION NO. OCSD 01-07
ESTABLISHING DRY WEATHER URBAN RUNOFF POLICY
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ESTABLISHING DRY
WEATHER URBAN RUNOFF POLICY, AND REPEAL
RESOLUTION NO. OCSD 00-22
***********
WHEREAS, certain types of dry weather urban runoff create public health
and/or environmental problems which are infeasible to economically or practically
control;
WHEREAS, THE Orange County Sanitation District ("District") has
available limited system capacity in its collection, treatment and disposal facilities
which may allow the District to accept certain dry weather urban runoff
discharges without adversely affecting the District's primary function of collection,
treatment and disposal of sanitary sewer discharges;
WHEREAS, District is willing to accept into its sewerage system
aggregate dry weather urban runoff flow discharges not exceeding 10 million
gallons per day ("mgd");
WHEREAS, District does not have system capacity available to allow wet
weather discharges to the District's facilities;
WHEREAS, District has developed a Dry Weather Urban Runoff Policy to
address certain environmental concerns associated with dry weather runoff;
WHEREAS, over the next three (3) years District intends to evaluate (1)
sources of dry weather urban runoff; (2) the quality and quantity of dry weather
urban runoff discharges to the sewerage system; and (3) District's costs
associated with such discharges. The District anticipates that this policy may be
revised as a result of such evaluation;
WHEREAS, District may accept dry weather urban runoff, provided that
the discharge occurs in full and complete compliance with the terms of this Dry
Weather Urban Runoff Policy, including any subsequent amendments thereto;
WHEREAS, District intends to initially waive fees and charges associated
with authorized discharges of dry weather urban runoff to the sewerage system,
where such runoff originates within the District's service area, until such time as
(1) the total volume of all dry weather urban runoff discharges to the sewerage
system exceeds four (4) mgd calculated on a monthly average or (2) the District
otherwise modifies its dry weather urban runoff policy to require dischargers to
pay for permit fees, sewer use charges, capital facilities charges, operations and
maintenance costs and/or any other fees or charges which the District
determines to impose on such discharges;
WHEREAS, for purposes of this policy, "wet weather" shall mean any
period during which measurable rainfall occurs in any portion of the District's
service area and shall include the period following the cessation of rainfall until
the District determines that the wet weather event is no longer impacting the
District's collection, treatment and disposal facilities; and
WHEREAS, for the purposes of this policy, "dry weather" shall mean any
period which does not fall within the definitions of "wet weather."
NO THEREFORE, the Board of Directors of the Orange County Sanitation
District,
DOES HEREBY RESOVE, DETERMINE AND ORDER:
Section 1: That the following Dry Weather Urban Runoff Policy is
established as District Policy:
POLICY FOR ACCEPTANCE OF DRY WEATHER URBAN RUNOFF INTO THE
ORANGE COUNTY SANITATION DISTRICT SEWERAGE SYSTEM
No person or entity shall discharge urban runoff, directly or indirectly, to the
District's sewerage system during wet weather. The District may accept urban
runoff into the sewerage system during dry weather conditions ("dry weather
urban runoff') provided that the discharger meets the following requirements:
A. Requirements for Obtaining Permission to Discharge
The dry weather urban runoff diversion to the sewerage system shall
address a public health or environmental problem associated with the
runoff discharge that cannot be otherwise economically or practically
controlled.
2. A dry weather urban runoff diversion structure shall be designed and
installed and other necessary provisions shall be implemented to exclude
storm and other runoff from entry into District's sewerage system during
wet weather. The diversion structure shall be equipped with a lockable
shut-off device, satisfactory to the District, and to which the District shall
be provided access at all times;
3. Prior to commencement of discharge of the dry weather urban runoff to
the sewerage system, in accordance with the policies and procedures set
by the District, the applicant shall apply for and obtain a Wastewater
Discharge Permit ("permit") from the District. The District may require that
the permit applicant enter into an agreement setting forth the terms under
which the dry weather discharge is authorized in addition to or in lieu of
issuance of the permit;
4. The permit applicant shall consider and evaluate the feasibility of other
disposal alternatives (i.e., discharge into storm drains, reuse and
reclamation of the runoff, etc.) for the discharge of the dry weather urban
runoff. The permit applicant shall submit to the District a report,
satisfactory to the District, evaluating each disposal alternative, and
demonstrating why each alternative is not economically or practically
feasible to dispose of the proposed dry weather urban runoff in lieu of
sewer discharge;
5. The permit applicant's proposed diversion system shall prevent debris and
any other pollutants of concern from entering the District's sewerage
system. The permit applicant shall submit design drawings and an
operations and maintenance plan for the proposed dry weather diversion
structure which shall be sufficient to establish that all District requirements
will be met to prevent pass through of and/or interference with the
District's sewerage facilities. The diversion system shall be capable of
measuring and recording on a daily basis the flow discharged to the
sewerage system;
6. The permit applicant shall submit -best management practices and
pollution prevention strategies designed to minimize or eliminate dry
weather urban runoff. More stringent practices and strategies may be
required depending on the nature of the anticipated discharge;
7. The permit applicant shall submit to the District a proposed method of
guarantee the existence of an enforceable mechanism to ensure that the
District receives payment for all monies due pursuant to this policy, and
any amendments thereto, for as long as the discharge occurs. No permit
application shall be complete without such an enforceable mechanism,
satisfactory to the District in its sole discretion. This mechanism shall be
designed to limit any administrative burden on the District;
8. The General Manager, or his designee, may impose additional
requirements as may be appropriate to reduce the burden on the District's
collection, treatment and disposal facilities;
9. Collection, treatment and disposal of sanitary sewer discharges remain
the District's primary functions. No additional dry weather urban runoff
permits shall be issued if the General Manager, or his designee,
determines that such issuance may, alone or in conjunction with other
permits, adversely affect the District's primary functions; and
10. The permit applicant shall indemnify and hold the District harmless from a4
liability associated with the dry weather urban runoff to which the permit
and/or agreement apply except for District's active negligence or
intentional wrongful acts or omissions but including any negligence which
is alleged to have occurred with respect to any District action to render
emergency assistance at the diversion system facilities in the event of an
operational malfunction or other problem at such facilities. The terms of
the indemnification shall be in a form satisfactory to District's General
Counsel;
B. Requirements After Granting Permission to Discharge
The quality and quantity of the discharge shall meet the conditions,
provisions or limitations contained in the District's Wastewater Discharge
Regulations (Ordinance No. OCSD-01)';
2. The permittee shall conduct self -monitoring for the pollutants of concern
as directed by the District to ensure compliance with the terms, conditions
and limits set forth in the permit/agreement and the District's Ordinances.
Unless otherwise directed, the permittee shall conduct self -monitoring of
the discharge on a quarterly basis. The results of all self -monitoring shall
be submitted to the District, upon request, but in no event later than forty-
five (45) days following the completion of sample analysis. The permittee
shall monitor the flow and submit reports documenting the quality and
quantity of the flow discharged as directed by the District;
3. In the event that the quality or quantity of the dry weather urban runoff
discharge to the sewerage system does not meet the conditions,
provisions, or limitations set forth in the discharge permit/agreement or
Ordinance No. OCSD-01, the permittee shall take immediate action to
correct the problem(s) to ensure that full compliance is met. The District
may take enforcement action for any violation of the terms of the
permit/agreement and/or the District's Ordinances, including termination of
the discharge, in accordance with the provisions of Ordinance No. OCSD-01;
4. Dischargers located within the District's service area shall not initially be
required to pay any fees and charges associated with the authorized
discharge of dry weather urban runoff to the District's sewerage system.
Dischargers located outside the District's service area who the District
authorizes to discharge dry weather urban runoff, directly or indirectly, to
the District's sewerage system shall initially pay District operations and
maintenance costs of $321.00 per million gallons discharged. Once the
total volume of all dry weather urban runoff discharges to the District's
' Any reference in this policy to any District Ordinance, policy or permit shall include any
subsequent amendments, modifications, revisions or successors to such ordinance, policy or
permit.
sewerage system exceeds (4) million mgd, all dischargers, including those
for whom authorization to discharge has previously been granted, shall
pay District operations and maintenance costs, initially at the rate of
$321.00 per million gallons discharged. The District reserves the right to
impose other fees and charges, including but not limited to permit fees,
sewer use charges, capital facilities charges and modified operations and
maintenance charges on all urban runoff discharges in accordance with
any future amendment of this policy, and pursuant to any other current or
future District Ordinances or policies. Failure to pay fees in a timely
manner shall be cause for termination of the permit/agreement and the
discharge. All dischargers shall, at all times, be subject to noncompliance
sampling fees set forth in Ordinance No. OCSD-01;
5. The permittee shall provide District's employees with access to the
diversion location and all areas from which and through runoff originates
and/or flows, during all reasonable hours, which shall include any time
when a discharge to the sewerage system may be occurring, for purposes
of inspection, monitoring, and verifying compliance with the
permit/agreement and/or the District's Ordinances;
6. The permittee shall have complete responsibility for the construction,
operation and maintenance of the diversion facility or any other associated
facilities and for ensuring compliance with the terms and conditions of the
discharge permit/agreement and the District's Ordinances;
7. No later than the commencement of any measurable rainfall, each
discharger of urban runoff shall shut off the flow of urban runoff (and
accompanying storm water) to the District's sewerage system. The
discharge shall not resume until the discharger has obtained District
approval for the resumption of the discharge. Such approval shall not be
deemed effective until the discharger provides written confirmation to the
District of approval, which confirmation shall include the first and last
name of the District employee providing such approval and the time at
which such approval was issued;
8. If the District determines that the dry weather runoff, alone or in
conjunction with other discharges, is adversely affecting or threatening to
adversely affect the District's collection, treatment and/or disposal
facilities, the District shall so notify the permittee who shall immediately
cease all such discharge to the sewerage system. The District may, in its
sole discretion, allow the continued discharge provided that the permittee
installs, operates and maintains additional facilities as the Districts
determines are appropriate to ensure that the dry weather runoff does not,
alone or in conjunction with other discharges, adversely affect or threaten
to adversely affect the District's collection treatment and/or disposal
facilities;
9. Under no circumstances shall District authorization to discharge dry
weather urban runoff to the District's sewerage system be deemed to
provide a vested right for such discharge; and
10. Except as expressly authorized by this policy or a District Ordinance, no
urban runoff shall.be discharged directly or indirectly into the District's
facilities.
PASSED AND ADOPTED at a regular meeting held March 28, 2001.
Chair
A ST:
Board Se retary
G \wp dta\admen\BS\Resoluhons\2001\01-07.doc
EXHIBIT "C"
ORDINANCE NO. OCSD-01
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ADOPTING WASTEWATER
DISCHARGE REGULATIONS AS A RE-ENACTMENT OF THE
REGULATIONS ADOPTED AND IN EFFECT BY PREDECESSOR
SANITATION DISTRICTS
WHEREAS, the Boards of Directors of former County Sanitation Districts Nos. 1,
2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the "Predecessor Districts"),
predecessors -in -interest to the Orange County Sanitation District (the "District"),
previously, by duly adopted Ordinances, established Wastewater Discharge
Regulations, as authorized by law; and,
WHEREAS, the Board of Directors of the District has determined that it is
necessary, for the immediate preservation of the public health and safety, and in order
to continue the provision of sanitary sewer services, to continue the provisions of those
Ordinances in effect without interruption; and,
WHEREAS, the District is, concurrently herewith, enacting Ordinance No.
OCSD-02, establishing separate revenue areas based upon numerous factors,
=� including but not limited to, geographical features, Predecessor Districts' boundaries,
-'r drainage areas, and costs of service, with the intention that fees and charges, including
annexation fees, would continue at the same rate within a revenue area as existed in
the Predecessor District, except to the extent of any individual adjustments based upon
approved studies and reports; and,
The Board of Directors of Orange County Sanitation District does hereby FIND:
A. That a comprehensive 30-year Master Plan of Capital Facilities entitled,
"Collection, Treatment and Disposal Facilities Master Plan - 1989", hereinafter the
"Master -Plan", which includes detailed financial and engineering reports, has been
prepared, approved and adopted by the Boards of Directors of the Predecessor
Districts identifying the required future deyelopment of District facilities, including the
financial projections for providing sewer service to all properties within the District's
service areas; and,
B. That the District is required by federal and state law, including the Clean
Water Act (33 U. S. C. 1251, et seg.), the General Pretreatment Regulations (40 C. F. R.
403), and the Porter -Cologne Water Quality Control Act (Water Code Sections 13000
et seg.), to implement and enforce a program for the regulation of wastewater
discharges to the District's sewers; and,
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C. That the District is required by federal, state and local law to meet
applicable standards of treatment plant effluent quality; and,
D. That the adoption of this Ordinance is statutorily exempt under the
California Environmental Quality Act pursuant to the provisions of Public Resources
Code Section 21080(b)(8) and California Code of Regulations Section 15273(a).
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
Section I: Wastewater Discharge Regulations governing the use of District
sewerage facilities are hereby enacted to provide:
ARTICLE 1
GENERAL PROVISIONS t
101. PURPOSE AND POLICY
A. The purpose of this Ordinance is to provide for the maximum public
benefit from the use of District's facilities. This shall be accomplished by
regulating sewer use and wastewater discharges, by providing equitable
distribution of costs in compliance with applicable Federal, State and local
Regulations, and by providing procedures that will allow the District to
comply with requirements placed upon the District by other regulatory
agencies. The revenues to be derived from the application of this
Ordinance shall be used to defray all costs of providing sewerage service
by the District, including, but not limited to, administration, operation,
monitoring, maintenance, financing, capital construction, replacement and
recovery, and provisions for necessary reserves.
B. This Ordinance shall be interpreted in accordance with the definitions set
forth in Section 102. The provisions of the Ordinance shall apply to the
direct or indirect discharge of all liquid wastes carried to facilities of the
District. _
C. To comply with Federal, State, and local policies and to allow the
District to meet applicable standards of treatment plant effluent quality,
sludge quality, and air quality, provisions are made in this Ordinance for
the regulation of wastewater discharges to the public sewer. This
Ordinance establishes quantity and quality limits on all wastewater
discharges which may adversely affect the District's sewerage systems,
processes, effluent quality, sludge quality, air emission characteristics, or
a
2090.3W 2
64070
inhibit the District's ability to beneficially reuse or dispose of its sludge or
meet sludge discharge criteria. It is the intent of these limits to improve
the quality of wastewater being received for treatment and to encourage
water conservation and waste minimization by all users connected to a
public sewer. It is the District's intent to limit future increases in the
quantity (mass emission) of waste constituents being discharged. This
Ordinance also provides for regulation of the degree of waste
pretreatment required, the issuance of permits for wastewater discharge
and connections and other miscellaneous permits, and establishes
penalties for violation of the Ordinance.
D. Since the District is committed to a policy of wastewater reclamation and
reuse in order to provide an alternate source of water supply, the
implementation 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, the Ordinance will be
amended to reflect those changes.
E. Since the District is committed to a policy for the beneficial use of
sludge, the implementation of programs to land -apply or provide for the
marketing and distribution of sludge may necessitate more stringent
quality requirements on wastewater discharges.
F. Since the District is also committed to meet applicable air quality goals
established by the South Coast Air Quality Management District, more
stringent quality requirements on wastewater discharges may be required
to meet such goals.
102. DEFINITIONS
A. Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for the Examination of
Water and Wastewater, publishedby the American Public Health
Association, the American Water Works Association and the Water
Pollution Control Federation.
The testing procedures for waste constituents and characteristics shall be
as provided in 40 CFR 136 (Code of Federal Regulations; Title 40;
Protection of Environment; Chapter I, Environmental Protection Agency;
Part 136, Test Procedures for the Analyses of Pollutants), or as specified.
}
2090-3 o 3
640701
Other terms not herein defined are defined as being the same as set forth
in the International Conference of Building Officials Uniform Building
Code, Current Edition.
Ad Valorem Tax shall mean that portion of the basic tax allocated
for the benefit of an individual District on the assessed value of
land and improvements within its boundaries, exclusive of bonded
indebtedness.
2. Assessed Value shall mean that portion of the total assessed value
of the land and improvements upon which taxes are collected and
allocated.
3. Biochemical Oxygen Demand (BOD) shall mean the measure of
biodegradable organic material in domestic or other wastewaters
as represented by the quantity of oxygen utilized over a period of
five days at 20 degrees centigrade and as determined by the
appropriate testing procedures, and expressed in terms of mass
and/or concentration [pounds per day or milligrams per liter
(mg/L)].
4. Board shall mean the Board of Directors of the Orange County
-'S Sanitation District.
5. Bypass shall mean the intentional diversion of wastestreams from
any portion of an industrial user's treatment facility.
6. Capital Facilities Connection Charge shall mean the one-time
payment of a fee, imposed by the governing Board of the District,
to pay for the future costs of constructing new sewerage collection,
treatment, and disposal facilities; the replacement, rehabilitation, or
reconstruction of existing facilities; and as a contributive share of
the cost of the existing facilities. Said charge shall be paid by all
property owners at the time -they develop the property and connect
directly or indirectly to the District sewerage facilities as a new
system user. This charge, whose rates areas set forth in a
separate Ordinance, is expressly authorized by the provisions of
California Health & Safety Code Sections 5471 and 5474.
7. RESERVED
i
2090-300
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8. Charge For Use shall mean the District's sanitary sewer service
charge, a charge established and levied by the District upon
residential, commercial and industrial users of the District's system,
pursuant to Sections 302.6(F)2, or 303.6(F)2 of this Ordinance, in
proportion to the use of the treatment works by their respective
class, that provides for the recovery of the costs of operation and
maintenance expenses, capital facilities rehabilitation or
replacement, and adequate reserves for the sewage treatment
works.
9. Chemical Oxygen Demand (COD) shall mean the measure of
chemically oxidizable material in domestic or other wastewaters as
determined by appropriate testing procedures and expressed in
terms of milligrams per liter.
10. Class I User shall mean any user wha discharges wastewater that.
a) Is subject to Federal Categorical Pretreatment Standards; or
b) averages 25,000 gallons per day or more of regulated
process wastewater; or
c) is determined by the General Manager to have a reasonable
potential for adversely affecting the District's operation or for
violating any pretreatment standard, local limit, or discharge
requirement; or
d) may cause, as determined by the General Manager, pass
through or interference with the District sewerage facilities.
11. Class II User shall mean any industrial user whose charge for use
is greater than the ad valorem tax basic levy allocated to the
District, exclusive of debt service, that discharges wastes other
than sanitary, and that is ndf otherwise required to obtain a Class I
permit. _
12. RESERVED
13. Code of Federal Regulations (CFR) shall mean the codification of
the general and permanent regulations published in the Federal
Register by the executive departments and agencies of the Federal
Government.
solo-300
640701 5
14. Compatible Pollutant shall mean a combination of biochemical
oxygen demand, suspended solids, pH, fecal coliform bacteria,
plus other pollutants that the District's treatment facilities are
designed to accept and/or remove. Compatible pollutants are
non -compatible when discharged in quantities that have an
adverse effect on the District's system or NPDES permit, or when
discharged in qualities or quantities violating any Federal
Categorical Pretreatment Standard, local limit, or other discharge
requirement.
15. Composite Sample shall mean a collection of individual samples
obtained at selected intervals based on an increment of either flow
or time. The resulting mixture (composite sample) forms a
representative sample of the wastestream discharged during the
sample period. Samples will be collected when manufacturing,
processing, or other industrial wastewater discharge occurs.
16. Connection Permit shall mean a permit issued by the governing
District, upon payment of a capital facilities connection charge,
authorizing the permittee to connect directly to a District sewerage
facility or to a sewer which ultimately discharges into a District
sewerage facility.
r 17. RESERVED
18. Cyanide, (Amenable) shall mean those cyanides amenable to
chlorination as described in 40 CFR 136.3.
19. Department Head shall mean that person duly designated by the
General Manager to direct the Technical Services Department,
including the Source Control Division Laboratory and perform
those delegated duties as specified in this Ordinance.
20. Development shall mean parcel of land on which dwelling units,
commercial or industrial buildings or other improvements are built.
21. Discharger shall mean any person who discharges or causes a
discharge of wastewater directly or indirectly to a public sewer.
Discharger shall mean the same as User.
22. District shall mean the Orange County Sanitation District.
,i
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640701 6
23. District Sewerage Facility or System shall mean any property
' belonging to the District used in the treatment, reclamation, reuse,
transportation, or disposal of wastewater, or sludge.
24. Division Head shall mean that person duly designated by the
General Manager to implement the District's Source Control
Program and perform the duties as specified in this Ordinance.
25. Domestic Wastewater shall mean the liquid and solid waterborne
wastes derived from the ordinary living processes of humans of
such character as to permit satisfactory disposal, without special
treatment, into the public sewer or by means of a private disposal
system.
26. Dwelling Unit shall mean a single unit providing complete,
independent living facilities for one car more persons, which may
include permanent provisions for living, sleeping, eating, cooking
and sanitation.
For the purpose of this Ordinance, a mobile home shall be
considered as a Dwelling Unit. More than one Dwelling Unit per
structure and/or lot shall be deemed multiple Dwelling Units.
27. Enforcement Compliance Schedule Agreement (ECSA) shall mean
a mutual agreement between the District and permittee amending
the permit to require implementation of necessary pretreatment
practices and/or installation of equipment to ensure permit
compliance.
28. RESERVED
29. Federal Categorical Pretreatment Standards shall mean any
regulation containing pollutant discharge limits promulgated by the
U.S. EPA in accordance with Sections 307(b) and (c) of the Clean
Water Act (33 U.S.C. 1317) which apply to a specific category of
industrial users and which appear in 40 CFR Chapter I, Subchapter
N, Parts 405-471.
30. Federal Regulations shall mean any applicable provision of the
Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, Title 33, United States Code, Section
1251 and following, and any regulation promulgated by the United
States Environmental Protection Agency under Title 40 CFR
,F
1' 2090-3W
CA070 1 7
implementing that act.
31. Floor Area shall mean the area included within the surrounding
exterior walls of a building or portion thereof, exclusive of ramps,
docks, vent shafts, and courts. The floor area of a building, or
portion thereof, not provided with surrounding exterior walls shall
be the usable area under the horizontal projection of the roof or
floor above.
32. Flow Monitoring Facilities shall mean equipment and structures
provided at the user's expense to measure, totalize, and/or record,
the incoming water to the facility or the wastewater discharged to
the sewer.
33. General Manager shall mean the individual duly designated by the
Board of Directors of the District to administer this Ordinance
(REFER TO SECTION 107).
34. Grab Sample shall mean a sample taken from a waste stream on a
one-time basis without regard to the flow in the waste stream and
without consideration of time.
j 35. Industrial User shall mean any user that discharges industrial
wastewater.
36. Industrial Wastewater shall mean all liquid -carried wastes and
wastewater of the community, excluding domestic wastewater, and
shall include all wastewater from any producing, manufacturing,
processing, agricultural, or other operation. These may also
include wastes of human origin similar to domestic wastewaters.
37. Infectious Waste shall mean 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
more specifically set forth in Health and Safety Code Section
25117.5.
38. Inspector shall mean a person authorized by the General Manager
to inspect any existing or proposed wastewater generation,
conveyance, processing, and disposal facilities.
39. Interference shall mean any discharge which, alone or in
conjunction with discharges from other sources, inhibits or disrupts
' 2090-IW
640701 8
the District's treatment processes or operations, or its sludge
processes, use, or disposal; or is a cause of violation of the
District's NPDES permit or prevents lawful sludge use or disposal.
40. LEL (Lower Explosive Limit) shall mean the minimum concentration
of a combustible gas or vapor in air (usually expressed in percent
by volume at sea level) which will ignite if an ignition source
(sufficient ignition energy) is present.
41. Local Sewering Agency shall mean any public agency or private
corporation responsible for the collection and disposal of
wastewater to the District's sewerage facilities duly authorized
under the laws of the State of California to construct and/or
maintain public sewers.
42. Maior Violation shall mean a discharge over the permitted
discharge limit, as determined by the result of a composite sample
analysis, as follows:
a) a discharge exceeding a mass emission limit by 20% or
more, or
b) a discharge exceeding a concentration limit by 20% or more,
or
c) a pH discharge less than 5.0.
43. Mass Emission Rate shall mean the weight of material discharged
to the sewer system during a given time interval. Unless otherwise
specified, the mass emission rate shall mean pounds per day of a
particular constituent or combination of constituents.
44. May shall mean permissive.
45. Medical Waste shall mean the discharge of isolation wastes,
infectious agents, human blood and blood byproducts, pathological
wastes, sharps, body parts, fomites, etiologic agents, contaminated
bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis wastes.
46. Milligrams Per Liter (mg/L) shall mean a unit of the concentration of
water or wastewater constituent. It is 1 gram of the constituent in
1,000 liters of water. It has replaced the unit formerly used, parts
3
2090-300 9
rA070 1
per million, to which it is approximately equivalent in reporting the
results of water and wastewater analysis.
47. Minor Violation shall mean a discharge over the permitted
discharge limit as determined by the result of a composite, sample
analysis, as follows:
a) a discharge exceeding a mass emission limit by less than
20%, or
b) a discharge exceeding a concentration limit by less than
20%, or
c) a pH discharge equal to or greater than 5.0, but less than
6.0, or
d) a pH discharge greater than 12.0.
48. National Pollutant Discharge Elimination System (NPDES) shall
mean the permit issued to control the discharge to surface waters
of the United States as detailed in Public Law 92-500, Section 402.
49. New Construction shall mean any structure planned or under
.m ..'a construction for which ,a connection permit has not been issued.
50. New Source shall mean those sources that are new as defined by
40 CFR 403.3(k) as revised.
51. Non -Compatible Pollutant shall mean any pollutant which is not a
compatible pollutant as defined herein.
52. Normal Working Day shall mean the period of time during which
production or operation is taking place or any period during which
discharge to the sewer is occurring.
53. RESERVED
54. Ordinance shall mean that document entitled "Wastewater
Discharge Regulations" containing District requirements,
conditions, and limits for connecting and discharging to the sewer
system, as may be amended and modified.
2090.300
640701 10
55. pH shall mean both acidity and alkalinity on a scale ranging from 0
' to 14 where 7 represents neutrality, numbers less than 7 increasing
acidity, and more than 7 increasing alkalinity, and is the logarithm
of the reciprocal of the quantity of hydrogen ions in moles per liter
of solution.
56. Pass Through shall mean discharge through the District's
sewerage facilities to waters of the U.S. which, alone or in
conjunction with discharges from other sources, is a cause of a
violation of the District's NPDES permit.
57. Permittee shall mean a person who has received a permit to
discharge wastewater into the District's sewerage facilities subject
to the requirements and conditions -established by the District.
58. Person shall mean any individual, parInership, firm, association,
corporation or public agency, including the State of California and
the United States of America.
59. Pesticides shall mean those compounds classified as such under
Federal or State law or regulations including, but not limited to
those listed in Section 209.6.4
60. Pollutant shall mean any constituent or characteristic of
wastewaters on which a discharge limit may be imposed either by
the District or the regulatory bodies empowered to regulate the
District.
61. Polychlorinated Biphenyls (PCB) shall mean those compounds
classified as such under Federal or State law including, but not
limited to those listed in Section 209.13.3
62. Pretreatment shall mean the reduction of the amount of pollutants,
the elimination of pollutants -,-or the alteration of the nature of
pollutant properties in_wastewater to a level authorized by the
District prior to discharge of the wastewater into the District's
system. The reduction or alteration can be obtained by physical,
chemical or biological process, or process changes by other
means.
63. Pretreatment Facility shall mean any works or devices that the
General Manager determines are appropriate to treat, restrict, or
prevent the flow of industrial wastewater prior to discharge into a
2090-300
sa07o 1 11
public sewer.
64. Priority Pollutants shall mean the most recently adopted list of toxic
pollutants identified and listed by EPA as having the greatest
environmental impact. They are classified as non -compatible
pollutants and may require pretreatment prior to discharge in order
to prevent:
a) interference with the District's operation; or
b) sludge contamination; or
c) pass through into receiving waters or into the atmosphere.
65. Public Agency shall mean the State of California and any city,
county, district, other local authority or public body of or within this
State.
66. Public Sewer shall mean a sewer owned and operated by the
District, a city or other local sewering agency which is tributary to
the District's sewerage facilities.
67. RCRA shall mean Resource Conservation and Recovery Act of
1976 (42 U.S.C� 6901, et seq.) and as amended.
68. Regulatory Agencies shall mean those agencies having jurisdiction
over the operation of the District including, but not limited to, the
following:
a) United States Environmental Protection Agency, Region IX, San
Francisco and Washington, DC (EPA).
b) California State Water Resources Control Board (SWRCB).
c) California Regional Water Quality Control Board, Santa Ana
Region (RWQCB). -
d) South Coast Air Quality Management District (SCAQMD).
e) California Department of Health Services (DOHS).
69. Regulatory Compliance Schedule Agreement (RCSA) shall mean
an agreement between the District and permittee requiring the
zosasoo
W70 1 12
permittee to implement pretreatment practices and/or install
equipment to ensure compliance with future revised categorical
pretreatment standards or revised discharge limits.
70. Sample Point shall mean a location approved by the District, from
which wastewater can be collected that is representative in
content and consistency of the entire flow of wastewater being
sampled.
71. Sampling Facilities shall mean structure(s) provided at the user's
expense for the District or user to measure and record wastewater
constituent mass, concentrations, collect a representative sample,
or provide access to plug or terminate the discharge.
72. Sanitary Waste shall mean domestic wastewater, human
excrement and gray water (household showers, dishwashing
operations, etc).
73. Septic Waste shall mean any sewerage from holding tanks such as
chemical toilets, campers, trailers, and septic tanks.
74. Sewage shall mean wastewater.
75. Sewerage Facilities or system shall mean any and all facilities
used for collecting, conveying, pumping, treating, and disposing of
wastewater and sludge.
76. Shall means mandatory.
77. Significant Non -Compliance (SNC) shall mean the compliance
status of an industrial user who is in violation of one or more of the
following criteria:
a) chronic violations of -discharge limits. Defined as occurring
when 66 percent or more of all measurements taken during
a six-month period exceed the daily maximum or the
average limit for the same pollutant;
b) acute violations of discharge limits. Defined as occurring
when 33 percent or more of all measurements taken during
a six-month period equal or exceed the product of the daily
average maximum limit or the average limit times the
applicable Technical Review Criteria (TRC) for BOD, TSS,
2090-3M
640701 13
fats, oil and grease. TRC = 1.4 for BOD, TSS, fats, and oil
and grease. The TRC for all other pollutants except pH
1.2.
c) any other violation of a pretreatment effluent limit that the
District determines has caused, either alone or in
combination with other discharges, interference or pass
through;
d) any discharge of a pollutant that has caused imminent
endangerment to human health, welfare, or the environment
or has resulted in the District's exercise of its emergency
authorities;
e) exceeding by 90 days or more the scheduled date of a
compliance schedule milestone contained in an ECSA,
IL
RCSA, probation order, or other enforcement order, for
starting construction, completing construction, or for
attaining final compliance;
f) failure to provide required reports including but not limited to
periodic self -monitoring reports and reports on compliance
with compliance schedules within 30 days of the due date;
g) failure to accurately report non-compliance with discharge
limits or any other requirements applicable to the user
pursuant to this Ordinance; or
h) any other violation or group of violations that the District
determines will adversely affect the operation or
implementation of the District's pretreatment program.
78. Slug Load shall mean a discharge that exceeds the prohibitions
stated in Section 209 and significantly exceeds the usual user flow
or pollutant loading, either mass or concentration.
79. Sludge shall mean any solid, semi -solid or liquid decant, subnate
or supernate from a manufacturing process, utility service, or
pretreatment facility.
80. Special Purpose Use shall mean any discharger who is granted a
Special Purpose Discharge Permit by the District to discharge
unpolluted water, storm runoff, or groundwater to the District's
�r
209a3W
640701 14
sewerage facilities.
81. Spent Solutions shall mean any concentrated industrial
wastewater.
82. Spill Containment shall mean a protection system installed by the
permittee to prohibit the discharge to the sewer of non -compatible
pollutants.
83. Standard Industrial Classification (S.I.C.) shall mean a system of
classifying industries as identified in the S.I.C. Manual, 1987, or
subsequent edition, as prepared by the Office of Management and
Budget.
84. Standard Methods shall mean procedures described in the current
edition of Standard Methods for the examination of Water and
Wastewater, as published by the American Public Health
Association, the American Water Works Association and Water
Pollution Control Federation.
85. Suspended Solids shall mean any insoluble material contained as
a component of wastewater and capable of separation from the
liquid portion of said waste by laboratory filtration as determined by
the appropriate testing procedure and expressed in terms of
milligrams per liter.
86. Tax Credit shall mean that portion of the basic levy on the
discharger's County of Orange Ad Valorem Tax Bill allocated to the
District. The basic levy does not include taxes for bonded
indebtedness.
87. Total Organic Carbon (TOC) shall mean the measure of total
organic carbon in domestic or other wastewater as determined by
the appropriate testing procedure.
88. Unpolluted Water shall mean water to which no pollutant has been
added either intentionally or accidentally.
89. User shall mean any person who discharges or causes a discharge
of wastewater directly or indirectly to a public sewer. User shall
mean the same as Discharger or Industrial User.
2osa3W
640701 15
90. Waste shall mean sewage and any and all other waste substances,
liquid, solid, gaseous or radioactive, associated with human
habitation or of human or animal nature, including such wastes
placed within containers of whatever nature prior to and for the
purpose of disposal.
91. Waste Manifest shall mean that receipt which is retained by the
generator of hazardous wastes as required by the State of
California or the United States Government pursuant to RCRA, or
the California Hazardous Materials Act, or that receipt which is
retained by the generator for recyclable wastes or liquid
non -hazardous wastes as required by the District.
92. Wastehauler shall mean any person carrying on or engaging in
vehicular transport of waste as part of, or incidental to, any
business for the purpose of discharging said waste into the
District's system.
93. Wastewater shall mean the liquid and water -carried wastes of the
community and all constituents thereof, whether treated or
untreated, discharged into or permitted to enter a public sewer.
94. Wastewater Constituents and Characteristics shall mean the
individual chemical, physical, bacteriological, and radiological
parameters, including volume and flow rate and such other
parameters that serve to define, classify or measure the quality and
quantity of wastewater.
B. Words used in this Ordinance in the singular may include the plural and
the plural the singular. Use of masculine shall mean feminine and use of
feminine shall mean masculine. Shall is mandatory; may is permissive or
discretionary.
103. CONFIDENTIAL INFORMATION
All user information and data on file with the District shall be available to the
public and governmental agencies without restriction unless the user specifically
requests and is able to demonstrate to the satisfaction of the District that the
release of such information would divulge information, processes or methods
which would be detrimental to the user's competitive position. 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
2oso-3W
CA070 1 16
time of submittal of the information by marking the submittal "Confidential
Business Information" on each page containing such information. Information
which is demonstrated to be confidential shall not be transmitted to anyone other
than a governmental agency without prior notification to the user. Information
concerning wastewater quality and quantity will not be deemed confidential
104. TRANSFER OF PERMITS
A. Permits issued under this Ordinance are for a specific user, for a specific
operation at a specific location or for a specific wastehauler, and create
no vested rights.
No permit may be transferred to allow a discharge to a public
sewer from a point other than the location for which the permit was
originally issued.
2. Except as expressly set forth herein, no permit for an existing
facilit may be transferred to a new owner and/or operator of that
facility.
B. At least thirty (30) days prior to the sale or transfer of ownership of any
business operating under a permit issued by the District, the permittee
shall notify the District in writing of the proposed sale or transfer. The
successor owner shall apply to the District for a new permit at least fifteen
(15) days prior to the sale or transfer of ownership in accordance with the
provisions of this Ordinance. A successor owner shall not discharge any
wastewater for which a permit is required by this Ordinance until a permit
is issued by the District to the successor owner.
C. Notwithstanding the foregoing, the District may, in its discretion, allow the
transfer of a permit to a new owner and/or operator, at the same location
for which the permit was originally issued, if:
1. The existing permittee and the proposed new owner and/or
operator provide the District with written notification of the intended
transfer at least thirty (30) days in advance of the transfer date;
and
2. The District approves, in writing, the permit transfer prior to .
commencement of operations by the new owner and/or operator.
s' zoso-3W
640701 17
D. The written notification of intended transfer shall be in a form approved by
the District and shall include a written certification by the new owner
and/or operator which:
States that the new owner or operator has no immediate intent to
modify the facility's operations and/or processes;
2. Identifies the specific date on which the transfer is to occur; and
3. Acknowledges that the new owner or operator is fully responsible
for complying with the terms and conditions of the existing permit
and all provisions of this Ordinance.
105. EFFECT OF TRANSFER OF PERMITS
Except as expressly set forth in Section 104.C, any. permit which is transferred to
a new owner and/or operator or to a new facility is void.
106. AUTHORITY
The District is regulated by several agencies of the United States Government
and the State of California, pursuant to the provisions of Federal and State Law.
Federal and State Laws grant to the District the authority to regulate and/or
prohibit, by the adoption of ordinances or, resolutions, -and by issuance of
discharge permits, the discharge of any waste, directly or indirectly, to the
District's sewerage facilities. Said authority includes the right to establish limits,
conditions, and prohibitions; to establish flow rates or prohibit flows discharged
to the District's sewerage facilities; to require the development of compliance
schedules for the installation of equipment systems and materials by all users;
and to take all actions necessary to enforce its authority, whether within or
outside the District's boundaries, including those users that are tributary to the
District or within areas for which the District has contracted to provide sewerage
services.
The District has the authority pursuant to California Health and Safety Codes
5471 and 5474 to prescribe, revise, and collect all fees and charges for services
and facilities furnished by the District either within or without its territorial limits.
107. DELEGATION OF AUTHORITY
Whenever any power is granted to or a duty is imposed upon the General
Manager, the power may be exercised or the duty may be performed by any
person so authorized by the General Manager.
' soso-3W
640701 18
108. SIGNATORY REQUIREMENTS
Reports and permit applications required by this Ordinance shall contain the
following certification statement:
"I have personally examined and am familiar with the information submitted in
the attached document, and I hereby certify under penalty of perjury that this
information was obtained in accordance with the Federal Pretreatment
Requirements. Moreover, based upon my inquiry of those individuals
immediately responsible for obtaining the information reported herein, I believe
that the submitted information is true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possibility of fine and imprisonment."
The statement shall be signed by an authorized representative of the industrial
user as defined in 40 CFR 403.12(1)(1-4).
ARTICLE 2
GENERAL PROHIBITIONS AND LIMITS ON DISCHARGES
201. PROHIBITED DISCHARGES
A. No person shall discharge or cause to be introduced a quantity or quality
of wastewater directly or indirectly to sewerage facilities owned by or
tributary to the District's sewerage facilities which causes, or is capable of
causing, either alone or by interaction with other substances:
A fire or explosion.
2. Obstruction to the flow in the sewer system resulting in interference
or damage to the sewerage facilities.
3. Danger to life or safety of any person.
4. Impairment of the effective maintenance or operation of the
sewerage system.
5. Toxic gases, vapors, or fumes within the sewerage facilities in a
quantity that may cause acute worker health and safety problems.
6. Pass through or interference.
11
209Q-300
U070 1 19
7. The District's effluent to fail a toxicity test.
8. The District's effluent or any other product of the treatment
process, residues, sludges or scums, to be unsuitable for
reclamation, reuse or disposal.
9. Discoloration, pass through, or any other condition which affects
the quality of the District's influent or effluent in such a manner that
inhibits the District's ability to meet receiving water quality, sludge
quality, or air quality requirements established by Regulatory
Agencies.
10. Excessive foaming in the sewerage facilities.
11 Conditions which violate any statute,tregulation, or ordinance of
any public agency or Regulatory Agency having jurisdiction over
the operation of -or discharge of wastewater through the sewerage
facilities.
B. No person shall discharge wastewater, delivered by vehicular transport,
rail car, or dedicated pipeline, directly or indirectly to the District's
a, sewerage facilities which wastewater contains any substance that is
defined as a hazardous waste by the Regulatory Agencies.
C. No person shall transport waste from one location or facility to another for
the purpose of treating or discharging it directly or indirectly to the
District's sewerage system without written permission from the District.
D. No user shall increase the contribution of flow, pollutants, or change the
nature of pollutants where such contribution or change does not meet
applicable standards and requirements or where such contribution would
cause the District to violate any Federal, State, or local regulatory permit.
202. PROHIBITION ON DILUTION
No user shall increase the use of water or in any other manner attempt to dilute
a discharge as a partial or complete substitute for treatment to achieve
compliance with this Ordinance and the user's permit or to establish an
artificially high flow rate for permit mass emission rates.
j 2090-300
j 640701 20
203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER
A. No person shall discharge groundwater, surface runoff, or subsurface
drainage directly or indirectly to the District's sewerage facilities except as
provided herein. Pursuant to Section 305, et seq., the District may
approve the discharge of such water only when no alternate method of
disposal is reasonably available or to mitigate an environmental risk or
health hazard.
B. The discharge of such waters shall require a Special Purpose Discharge
Permit from the District.
C. If a permit is granted for the discharge of such water into a public sewer,
the user shall pay the applicable charges established herein and shall
meet such other conditions as required by the District.
204. PROHIBITION ON UNPOLLUTED WATER
A. No person shall discharge unpolluted water such as single pass cooling
water directly or indirectly to the District's sewerage facilities except as
provided herein. Pursuant to Section 305, et seq., the District may
approve the discharge of such water only when no alternate method of
disposal or reuse is reasonably available or to mitigate an environmental
risk or health hazard.
B. The discharge of such waters shall require a Special Purpose Discharge
Permit from the District.
C. If a permit is granted for the discharge of such water into a public sewer,
the user shall pay the applicable charges established herein and shall
meet such other conditions as required by the District.
205. PROHIBITION ON RADIOACTIVE WASTES
No person shall discharge radioactive waste unless:
A. The person is authorized to use radioactive materials by the State
Department of Health or other governmental agency empowered to
regulate the use of radioactive materials; and
B. The waste is discharged in strict conformity with current California
Radiation Control Regulations (California Code of Regulations, Title 17)
for safe disposal; and
2090-3W
640701 21
C. The person is in compliance with all rules and regulations of all other
applicable regulatory agencies; and
D. The person has obtained a Class I permit from the District.
206. PROHIBITION ON THE USE OF GRINDERS
Waste from industrial or commercial grinders shall not be discharged into a
public sewer, except wastes generated in packing or preparing food or food
products. Such grinders must shred the waste to a degree that all particles will
be carried freely under normal flow conditions prevailing in the public sewer.
207. PROHIBITION ON POINT OF DISCHARGE
No person, except local sewering agencies involved in maintenance functions of
sanitary sewer facilities, shall discharge any wastewater directly into a manhole
or other opening in a sewer other than through an approved building sewer,
unless�approved by the District upon written application by the user and
payment of the applicable fees and charges established herein.
208. PROHIBITION ON WASTEHAULER DISCHARGES
A. No Wastehauler shall discharge septic waste, cesspool wastes, wastes
from a vacuum pumping truck or other liquid waste transport vehicle,
without first obtaining both a valid Orange County Health Department
Permit and a OCSD Wastehauler Permit as required by Section 306.
Such wastewaters shall be discharged only at a location specified by the
District.
B. No Wastehauler discharging septic waste, or sanitary waste shall
discharge constituents in excess of those specified in the respective
permit based on the Limits For Wastehaulers Discharging Domestic
Waste in Table I.
C. The discharge of industrial wastewater by any Wastehauler is prohibited
unless written permission of the General Manager has been obtained, the
proper permits have been obtained, and the waste meets Federal and
State limits applicable to the user from which the waste was obtained; or
Local Discharge Limits as specified in Table I, whichever are more
stringent.
�+ 2oso-3W
640701 22
D. No Wastehauler shall discharge directly or indirectly to the sewerage
3 facilities any material defined as hazardous waste by RCRA or 40 CFR
261.
E. Upon request by the District, each Wastehauler shall provide a waste
manifest documenting the source of all wastewater to be discharged into
the sewerage facilities.
209. LIMITS ON WASTEWATER STRENGTH AND CHARACTERISTICS
A. No person shall discharge wastewater in excess of either the permitted
mass emission rates established in accordance with Section 210 or the
concentration limits set forth in Table I or the discharge permit. Further,
no person shall discharge wastewater in -excess of any applicable Federal
or State discharge regulations.
B. No person shall discharge wastewater:
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. Having a pH less than 6.0 or greater than 12.0.
3. Containing polychlorinated biphenyls (PCBs) in excess of the limit
as shown in Table I. PCBs include, but are not limited to the
following: Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254,
1260, and 1262.
4. Containing pesticides in excess of the limit as shown in Table I.
Pesticides include, but are not limited to the following: DDT
(dichlorodiphenyltrichloro-ethane, both isomers), DDE
(dichlorodiphenyl-ethylene); DDD
(dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride
(alpha [a], beta [0], and gamma isomers), Chlordane, Endrin,
Endrin aldehyde, 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD),
toxaphene, a-endosulfan, R-endosulfan, Endosulfan sulfate,
Heptachlor, Heptachlor epoxide, Dieldrin, Demeton, Guthion,
Malathion, Methoxychlor, Mirex, and Parathion.
l 2090-300
6Q70 1 23
5. Having a maximum Biochemical Oxygen Demand (BOD) greater
than 15,000 pounds per day; or exceeding a 30-day BOD average
of 10,000 pounds per day.
6. Containing excessive flow or other materials, including, but not
limited to, ammonia, chemical oxygen demand, total organic
carbon, priority pollutants, suspended solids, oil and grease 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 the sewerage facilities.
7. Producing a gaseous mixture that is 10% or greater of the lower
explosive limit (LEL) or having a closed cup flashpoint of less than
140 degrees Fahrenheit or 60 degrees Centigrade using the test
methods specified in 40 CFR 261.21.E
8. Containing material which will readily settle or cause an obstruction
to flow in the sewer resulting in interference, such as, but not
limited to, sand, mud, glass, metal filings, diatomaceous earth, cat
litter, asphalt, dead animals, wood, bones, hair, and fleshings.
9. In violation of any applicable Federal Categorical Pretreatment
Standards, State standards or other local regulations covering
wastewater disposal or operations.
210. MASS EMISSION RATE DETERMINATION
A. Mass emission rates for non -compatible or compatible pollutants that are
present or anticipated in the user's wastewater discharge may be set for
each user and made an applicable part of each user's permit. These
rates shall be based on Table I, Local Discharge Limits, or Federal
Categorical Pretreatment Standards, and the user's average daily
wastewater discharge for the past three years, the most recent
representative data, or other data acceptable to the General Manager.
B. To verify the user's operating data, the District may require a user to
submit an inventory of all wastewater streams and/or records indicating
production rates.
C. The District may revise limits or mass emission rates previously
established in the discharger's permit at any time, based on: current or
anticipated operating data of the discharger or the District; the District's
2090-300 24
640701
ability to meet NPDES limits; or changes in the requirements of
Regulatory Agencies.
D. The excess use of water to establish an artificially high flow rate for mass
emission rate determination is prohibited.
211. PROHIBITION ON MEDICAL WASTE
A. No person shall discharge solid wastes from hospitals, clinics, offices of
medical doctors, convalescent homes, medical laboratories or other
medical facilities to the sewerage system including, but not limited to,
hypodermic needles, syringes, instruments, utensils or other paper and
plastic items of a disposable nature except where prior written approval
for such discharges is given by the General Manager.
B. The District shall have the authority to requi_ce that any discharge of an
infectious waste to the sewer be rendered non-infectious prior to
discharge if the infectious waste is deemed to pose a threat to the public
health and safety, or will result in any violation of applicable waste
discharge requirements.
212. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES
Spent solutions, sludges, and materials of quantity or quality in violation
of, or prohibited by this Ordinance, or any permit issued under this
Ordinance must be disposed of in a legal manner at a legally acceptable
point of disposal as defined by the District or appropriate Regulatory
Agency. All waste manifests shall be retained for a minimum of three
years, and made available to the District upon request.
z
solo -goo
640701 25
CONSTITUENT
Arsenic
Cadmium
Chromium (Total)
Copper
Lead
Mercury
Nickel
Silver
Zinc
Cyanide (Total)
Cyanide (Amenable)
Polychlorinated Biphenyls
Pesticides
Total Toxic Organics
Sulfide (Total)
Sulfide (Dissolved)
Oil and grease of mineral
or petroleum origin
TABLE I
ORANGE COUNTY SANITATION DISTRICT
LOCAL DISCHARGE LIMITS(a)
MILLIGRAMSILITER
20
1.0
20
30
2.0
0.03
10.0
50
r 10.0
5.0
1.0
0.01
001
058
50
05
100.0
LIMITS FOR
WASTEHAULERS DISCHARGING DOMESTIC WASTE
CONSTITUENT MILLIGRAMS/LITER
Cadmium
1.0
Chromium
2.0
Copper
25.0
Lead
100
Nickel
10.0
Zinc
50.0
(a)- Users subject to Federal Categorical Pretreatment Standards
may be required to meet more stringent limits.
:i 2090.300
FA070 1 26
ARTICLE 3
DISCHARGE PERMITS, CHARGES, AND FEES
301. INTRODUCTION
A. To provide the maximum public benefit from the use of District sewerage
facilities, written authorization to use said facilities is required. This
written authorization shall be in the form of a discharge permit. No vested
right shall be given by issuance of permits provided for in this Ordinance.
The District reserves the right to establish, by Ordinance or in
Wastewater Discharge Permits, more stringent standards or requirements
on discharges to the District's sewerage facilities if deemed by the
General Manager appropriate to comply with the objectives presented in
the Introduction and Summary of this Ordinance and the prohibitions and
limitations in Article 2.
B. The discharge permit shall be in one of six forms and is dependent upon
the type of discharger, volume, and characteristics of discharge. The six
discharge permits are:
1. Class I Wastewater Discharge Permit.
2. Class II Wastewater Discharge Permit.
3. RESERVED
4. Special Purpose Discharge Permit.
5. Wastehauler Discharge Permit.
6. Transportable Treatment Unit Discharge Permit.
302. CLASS I WASTEWATER DISCHARGE PERMITS
A. No user requiring a Class I permit shall discharge wastewater without
obtaining a Class I Wastewater Discharge Permit.
B. Class I Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use,
and fees established by the District. The conditions of Wastewater
Discharge Permits shall be enforced by the District in accordance with
1 2090-300
640701 27
this Ordinance and applicable State and Federal Regulations.
C. All Class I users proposing to discharge directly or indirectly into the
District's sewerage facilities shall obtain a Wastewater Discharge Permit
by filing an application pursuant to Section 302.1 and paying the
applicable fees pursuant to Section 302.3. For purposes of this
Ordinance, a Class I user is any user:
Subject to Federal Categorical Pretreatment Standards; or
2. Discharging wastewater which averages 25,000 gallons per day or
more of regulated process water; or
3. Discharging wastewater determined by the District to have a
reasonable potential for adversely affecting the District's operation
or for violating any pretreatment standard, local limits, or discharge
requirement; or
4. Discharging wastewater which may cause, as determined by the
General Manager, pass through or interference with the District's
system.
302.1 Class I Wastewater Discharge Permit Application
A. Any person required to obtain a Class I Wastewater Discharge Permit
shall complete and file with the District, prior to commencing discharge,
an application on the form prescribed by the District. The applicant shall
submit, in units and terms appropriate for evaluation, the following
information:
Name, address, assessor's parcel number(s), S.I.C. number(s),
description of the manufacturing process or service activity.
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State;
Business License.
3. Volume of wastewater to be discharged.
4. Name of individual who can be served with notices other than
officers of corporation.
2oso-soo
sao7o 1 28
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account numbers.
7. Wastewater constituents and characteristics as required by the
District, including, but not limited to, those mentioned in Section
210, Mass Emission Rate Determination, and Table I, Local
Discharge Limits, of this Ordinance. These constituents and
characteristics shall be determined by a laboratory selected by the
discharger and acceptable to the District.
8. Time and duration of discharge.
9. Number of employees and average hours of work per employee
per day. w
10. Waste minimization and water conservation practices.
11. Production records, if applicable.
12. Waste manifests, if applicable.
13. Landscaped area in square feet, if applicable.
14. Tons of cooling tower capacity, if applicable.
15. EPA Hazardous Waste Generator Number, if applicable.
16. Any other information as specified.
B. Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, spill containment,
clarifiers, pretreatment equipment, -and appurtenances by size, location,
and elevation for evaluation.
C. Applicants may also be required to submit information related to the
applicant's business operations, processes, and potential discharge as
may be requested by the District to properly evaluate the permit
application.
D. After evaluation of the data, the District may issue a Wastewater
Discharge Permit, subject to terms and conditions set forth in this
2090-" 29
640701
Ordinance and as otherwise determined by the General Manager to be
appropriate to protect the District's sewerage facilities.
E. The permit application may be denied if the applicant fails to establish to
the District's satisfaction that adequate pretreatment equipment is
included within the applicant's plans to ensure that the discharge limits
will be met or if the applicant has, in the past, demonstrated an inability to
comply with applicable discharge limits.
302.2 Class I Permit Conditions, and Limits
A. A Class I permit shall contain all of the following conditions or limits:
1. Mass emission rates and concentration limits regulating
non -compatible pollutants.
t
2. Requirements to notify the District in writing prior to modification to
processes or operations through which industrial wastewater may
be produced.
3. Location of the user's on -site sampling point.
4. Requirements for submission of technical reports, production data,
discharge reports, and/or waste manifests.
5. Requirements for maintaining, for a minimum of three years, plant
records relating to wastewater discharge, and waste manifests as
specified by District.
6. Requirements to submit copies of tax and water bills.
B. A Class I permit may contain any of the following conditions or limits:
1. Requirements for the user to -construct and maintain, at his own
expense, appropriate pretreatment equipment, pH control, flow
monitoring facilities, and sampling facilities.
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3. Requirements to self -monitor.
2oso-3W
640701 30
4. Assumed values for BOD and suspended solids characteristics that
typify the discharger's effluent for determination of the charge for
use.
5. Other terms and conditions which may be appropriate to ensure
compliance with this Ordinance.
6. Other terms and conditions determined by the General Manager to
be appropriate to protect the sewerage system.
302.3 Class I Permit Fee
A. The Class I permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of permit must be receivedtby the District prior to
issuance of either a new permit or a renewed permit. Permittee shall also
pay any delinquent invoices in full prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 621.(E) of this Ordinance.
302.4 Class I Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the General
Manager during the life of the permit based on:
The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the District; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. New source indirect dischargers shall be required to install and start up
any necessary pollution control equipment before beginning discharge,
and comply with applicable Federal Categorical Pretreatment Standards
2090-300
640701 31
not to exceed thirty (30) days after the commencement of discharge.
C. Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The Districts shall review the
request, make a determination on the request, and respond in writing.
D. Permittee shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to the
effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
302.5 Class I Permit Duration and Renewal
Class I permits shall normally be issued for a period not to exceed two (2) years.
At least 45 days prior to the expiration of the permit the user shall apply for
renewal of the permit in accordance with the provisions of this Article 3.
302.6 Class I Permit Charge for Use
A. The purpose of a charge for use is to ensure that each recipient of
sewerage service from the District pays its reasonably proportionate
share of all the costs of providing that sewerage service. Charges for use
to recover the cost of conveying, treating, and disposing of sewage in
District facilities are exclusive of any fees levied by local sewering
agencies. The charge for use shall be based on the total maintenance,
operation, capital expenditures, and reserve requirements for providing
wastewater collection, treatment, and disposal.
B. A discharger who is issued a Class I Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the unit charge rates adopted
annually by Ordinance of the Board of Directors. These fees shall be
invoiced on a quarterly basis. The quarterly invoice shall be based upon
an estimate of the annual use as determined by the District. Annually, the
District shall compute the charge for use based upon actual use for the
preceding 12-month period on an annual reconciliation statement. The
charge for use is payable within forty-five (45) days of invoicing by the
District. A credit to the permittee will be allowed against this permit
charge for use, equal to the annual ad valorem tax basic levy allocated to
the District for the property for which a permit has been issued by the
District. A credit will also be allowed for any sanitary sewer service
charge adopted by the Board of Directors by separate Ordinance and
levied against the permitted property.
2090-300
640701
32
C. Current property tax bills shall be supplied by the permittee to the District
by May 31 of each year for use in determining the ad valorem tax credit
and/or the sanitary sewer service credit. If the tax bills are not supplied,
the District will endeavor to obtain the data. Data obtained by the District
will be considered correct and will not be adjusted before the next annual
reconciliation statement. There shall be a fee levied for District
administrative costs when ad valorem property tax or sanitary sewer
service charge data are obtained by the District. The amount of the fee
shall be adopted by the District's Board of Directors.
D. In order for the District to determine actual annual water use, the user
shall provide to the District copies of its water bills. If these water bill
copies are not received by July 31 of each year for the 12-month period
ended closest to June 30, the District will endeavor to obtain the water
use data. Data obtained by the District will be considered correct and will
not be adjusted before the next annual reconciliation statement. There
shall be a fee levied for District administrative costs when water use data
is obtained by the District. The amount of the fee shall be adopted by the
District's Board of Directors.
E. The charge for use shall be computed by the following formula:
Charge for Use = VoV + BOB + SOS - Tax Credit
Where V = total annual volume of flow, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in thousands
of pounds
S = total annual discharge of suspended solids, in thousands of pounds
V.,Bo,S, = Unit Charge rates established and adopted by Ordinance of
the District's Board of Directors, based upon the funding requirements of
providing sewerage service, in dollars per unit as described in Paragraph
F below:
F. The Unit Charge rates in the charge -for -use formula shall be determined
by the following method:
An Operations and Maintenance component of the Unit Charge for
the total annual operation and maintenance funding requirements
of the sewerage system shall be levied at a rate to be determined
from time to time by the Board of Directors. This Charge shall be
zoso-3W
r 640701 33
allocated among the three wastewater charge parameters of flow,
biochemical oxygen demand and suspended solids in accordance
with the General Manager's determination as to the costs
associated with each parameter and pursuant to applicable
requirements of State and Federal Regulatory Agencies. The
operation and maintenance costs as distributed to flow,
biochemical oxygen demand and suspended solids shall be
divided by the projected annual total flow volume and weights of
biochemical oxygen demand and suspended solids to be treated
by the sewerage system in the budgeted year.
2. A Capital Facilities Replacement Service component of the Unit
Charge for capital replacement and capital improvement shall be
levied at a rate to be determined from time to time by the Board of
Directors. This charge shall be allocated among wastewater
charge parameters of flow, biochemical oxygen demand, and
suspended solids in accordance with the General Manager's
determination of which portion of the charge predominantly relates
to each parameter. The capital facilities charge distributed to
biochemical oxygen demand, and suspended solids shall be
divided by the projected annual weights of biochemical oxygen
demand and suspended solids to be treated by the sewerage
system in the budgeted year.
:v
3. The Unit Charge rates for each respective wastewater component
in (1) and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for V„
and in dollars per thousand pounds for Bo and So.
G. Other measurements of the organic content of the wastewater of a
discharger, such as COD or TOC, may be used instead of BOD.
However, the discharger must establish to the General Manager's
satisfaction a relationship between the BOD of the wastewater and the
'parameter of measure. This relationship shall be used by the District in
determining the charge for use.
When wastewater from sanitary facilities is discharged separately from
the other wastewater of a discharger, the charge for use for discharging
the sanitary wastewater may be determined by using the following:
25 gallons per employee per eight -hour working day.
2090.300
64070I 34
2. BOD and suspended solids to be calculated at domestic
wastewater strength per employee per year.
The number of employees will be considered as the average number of
people employed full-time on a daily basis. This may be determined by
averaging the number of people employed at the beginning and end of
each quarter, or other period that reflects normal employment
fluctuations.
303. CLASS II WASTEWATER DISCHARGE PERMITS
A. No user requiring a Class II permit shall discharge wastewater without
obtaining a Wastewater Discharge Permit.
B. Class II Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use
and fees established by the District. The conditions of Wastewater
Discharge permits shall be enforced by the District in accordance with
this Ordinance and applicable State and Federal Regulations.
C. All Class II users proposing to discharge directly or indirectly into the
District sewerage facilities shall obtain a Wastewater discharge Permit by
filing an application pursuant to Section 303.1 and paying the applicable
fees pursuant to Section 303.3. For purposes of this Ordinance, a Class
II user is any user:
1. Whose charge for use is greater than the ad valorem tax basic levy
allocated to the District; and
2. Discharging waste other than sanitary; and
3. Not otherwise required to obtain a Class I permit.
303.1 Class, II Wastewater Discharge Permit Application
A. Any person required to obtain a Class II Wastewater Discharge Permit
shall complete and file with the District, prior to commencing discharge,
an application on the form prescribed by the District. The applicant shall
submit, in units and terms appropriate for evaluation, the following
information:
Name, address, assessor's parcel number(s) and S.I.C. number(s);
description of the manufacturing process or service activity.
zoso-3M
6Q70 1 35
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State;
Business License.
3. Volume of wastewater to be discharged.
4. Name of individual who can be served with notices other than
officers of corporation.
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account -numbers.
7. Wastewater constituents and characteristics as required by the
District, including, but not limited to, those mentioned in Section
210, Mass Emission Rate Determination, and Table I, Local
Discharge Limits of this Ordinance. These constituents and
characteristics shall be determined by a laboratory selected by the
discharger and acceptable to the District.
8. Time and duration of discharge.
9. Number of employees and average hours of work per employee
per day.
10. Waste minimization and water conservation practices.
11. Production records, if applicable.
12. Waste manifests, if applicable.
13. Landscaped area in square -feet, if applicable.
14. Tons of cooling tower capacity, if applicable.
15. EPA Hazardous Waste Generator Number, if applicable.
16. Any other information as specified.
.4
r
2090-3M 36
CA070 1
B. Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, spill containment,
clarifiers, pretreatment systems, and appurtenances by size, location, and
elevation for evaluation.
C. Applicants may also be required to submit other information related to the
applicant's business operations, processes, and potential discharge as
may be requested to properly evaluate the permit application.
D. After evaluation of the data furnished, the District may issue a
Wastewater Discharge Permit, subject to terms and conditions set forth in
this Ordinance and as otherwise determined by the General Manager to
be appropriate to protect the District's system.
E. The permit application may be denied if the applicant fails to establish to
the Districts satisfaction that adequate pretreatment equipment is
included within the applicant's plans to ensure that the discharge limits
will be met or if the applicant has, in the past, demonstrated an inability to
comply with applicable discharge limits.
303.2 Class II Permit Conditions. and Limits
A. A Class II permit shall contain all of the following conditions or limits:
Requirements to notify the District in writing prior to modification to
processes or operations through which industrial wastewater may
be produced.
2. Location of the user's on -site sample point.
3. Requirements for submission of technical reports, production data,
discharge reports, and/or waste manifests.
4. Requirements to submit copies of tax and water bills.
B. A Class II permit may contain any of the following conditions or limits:
Requirements for the user to construct and maintain, at his own
expense, appropriate pretreatment equipment, pH control, flow
monitoring and/or sampling facilities.
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
20903W
640701 37
3. Assumed values for BOD and suspended solids characteristics that
typify the discharger's effluent for determination of the charge for
use.
4. Requirements to self -monitor.
5. Requirements for maintaining, for a minimum of three years,- plant
records relating to wastewater discharge, and waste manifests as
specified by District.
6. Other provisions which may be appropriate to ensure compliance
with this Ordinance.
7. Other terms and conditions determined by the General Manager to
be appropriate to protect the District's system.
303.3 Class II Permit Fee
A. The Class II permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of the permit fee must be received by the District prior to
issuance of either a new permit or a renewed permit. Permittee shall also
pay any delinquent invoices in full prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 621.(E) of this Ordinance.
303.4 Class II Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sore determination by the General
Manager during the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the District; or
2oso-3W
640701 38
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. The permittee shall request a modification to the terms and conditions of
an issued permit prior to increasing the contribution of flow, pollutants, or
changing the nature of pollutants where such contribution or change will
cause the permittee to be in violation of their permit or this Ordinance.
The request shall be in writing stating the requested change, and the
reasons for the change. The District shall review the request, make a
determination on the request, and respond in writing. The District's
approval may be granted or denied.
C. Permittee shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to the
effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for. compliance.
303.5 Class II Permit Duration and Renewal
Class II permits shall be issued for a period not to exceed three (3) years. At
least 45 days prior to the expiration of the permit, The user shall apply for
renewal of the permit in accordance with the provisions of this Article 3.
303.6 Class II Permit Charge for Use
A. The purpose of a charge for use is to ensure that each recipient of
sewerage service from the District pays its reasonably proportionate
share of all the costs of providing that sewerage service. Charges for use
to recover the cost of conveying, treating, and disposing of sewage in
District sewerage facilities are exclusive of any fees levied by local
sewering agencies. The charge for use shall be based on the total
maintenance, operation, capital expenditures, and reserve requirements
for providing wastewater collection, treatment, and disposal.
B. A discharger who is issued a Class II Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the Unit Charge rates adopted
annually by Ordinance of the Board of Directors. These fees shall be
invoiced on a quarterly basis. The quarterly invoice shall be based upon
an estimate of the annual use as determined by the District. Annually, the
District shall compute the charge for use based upon actual use for the
preceding 12-month period on an annual reconciliation statement. The
charge for use is payable within forty-five (45) days of invoicing by the
2090-3W 39
CA070 1
District. A credit to the permittee will be allowed against this permit
charge for use, equal to the annual ad valorem tax basic levy allocated to
the District for the property for which a permit has been issued by the
District. A credit will also be allowed for any sanitary sewer service
charge adopted by the Board of Directors by separate Ordinance and
levied against the permitted property.
C. Current property tax bills shall be supplied by the permittee to the District
by May 31 of each year for use in determining the ad valorem tax credit
and/or the sanitary sewer service credit. If the tax bills are not supplied,
the District will endeavor to obtain the data. Data obtained by the District
will be considered correct and will not be adjusted before the next annual
reconciliation statement. There shall be a fee levied for District
administrative costs when ad valorem property tax or sanitary sewer
service charge data is obtained by the District. The amount of the fee
shall be adopted by the District's Board of Directors.
D. In order for the District to determine actual annual water use, the user
shall provide to the District copies of its water bills. If these water bill
copies are not received by July 31 of each year for the 12-month period
ended closest to June 30, the District will endeavor to obtain the water
use data. Data obtained by the District will be considered correct and will
V :1 not be adjusted before the next annual reconciliation statement. There
shall be a fee levied for District administrative costs when water use data
is obtained by the District. The amount of the fee shall be adopted by the
District's Board of Directors.
E. The charge for use shall be computed by the following formula:
Charge for Use = V,V + B,B + S,S - Tax Credit
Where V = total annual volume of flow, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in thousands
of pounds
S = total annual discharge of suspended solids, in thousands of pounds
V„B„S, = Unit Charge rates adopted annually by Ordinance of the
District's Board of Directors, based upon the funding requirements of
providing sewerage service, in dollars per unit as described in Paragraph
F below.
.j
2090.3W 40
fA070
F. The unit charge rates in the charge for use formula shall be established
annually and shall be determined by the following method:
An Operations and Maintenance component of the Unit Charge for
the total annual operation and maintenance funding requirements
of the sewerage system shall be levied at a rate to be determined
from time to time by the Board of Directors. This charge shall be
allocated among the three wastewater charge parameters of flow,
biochemical oxygen demand and suspended solids in accordance
with the General Manager's determination as to the costs
associated with each parameter and pursuant to applicable
requirements of State and Federal Regulatory Agencies. The
operation and maintenance costs as distributed to flow,
biochemical oxygen demand and suspended solids shall be
divided by the projected annual total flow volume and weights of
biochemical oxygen demand and suspended solids to be treated
by the sewerage system in the budgeted year.
2. A Capital Facilities Replacement component of the Unit Charge for
capital replacement and capital improvement shall be levied at a
rate to be determined from time to time by the Board of Directors.
This charge shall be allocated among the three wastewater charge
:.; parameters of flow, biochemical oxygen demand and suspended
solids in accordance with the General Manager's determination of
which portion of the charge predominantly relates to each
parameter. The capital facilities charge distributed to biochemical
oxygen demand and suspended solids shall be divided by the
projected annual'weights of biochemical oxygen demand and
suspended solids to be treated by the sewerage system in the
budgeted year.
3. The unit charge rates for each respective wastewater component
in (1) and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for V„
and in dollars per thousand pounds for Bo and S..
G. Other measurements of the organic content of the wastewater of a
discharger, such as COD or TOC, may be used instead of BOD.
However, the discharger must establish to the General Manager's
satisfaction a relationship between the BOD of the wastewater and the
other parameter of measure. This relationship shall be used by the
District in determining the charge for use. When wastewater from
sanitary facilities is discharged separately from the other wastewater of a
z090-3W 41
640701
discharger, the charge for use for discharging the sanitary wastewater
may be determined by using the following:
25 gallons per employee per eight -hour working day.
2. BOD and suspended solids to be calculated at domestic
wastewater strength per employee per year.
The number of employees will be considered as the average
number of people employed full-time on a daily basis. This may be
determined by averaging the number of people employed at the
beginning and end of each quarter, or other period that reflects
normal employment fluctuations.
304. RESERVED
305. SPECIAL PURPOSE DISCHARGE PERMITS
A. No user requiring a Special Purpose Discharge Permit shall discharge
wastewater without obtaining a Special Purpose Discharge Permit.
B. Special Purpose Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use,
= and fees established by the District. The conditions of Wastewater
Discharge Permits shall be enforced by the District in accordance with
this Ordinance and applicable State and Federal Regulations.
C. All Special Purpose Discharge Permit users proposing to discharge
directly or indirectly into the District's sewerage facilities shall obtain a
Wastewater Discharge Permit by filing an application pursuant to Section
305.1 and paying the applicable fees pursuant to Sections 305.3 and
305.6. This discharge permit may be granted when no alternative method
of disposal is reasonably available, or to mitigate an environmental risk or
health hazard.
305.1 Special Purpose Discharge Permif Application
A. Applicants seeking a special purpose wastewater permit shall complete
and file with the District, prior to commencing discharge, an application in
the form prescribed by the District. This application shall be accompanied
by the applicable fees, plumbing plans, a detailed analysis of the
alternatives for water disposal, or other data as needed by the District for
review.
;rJ 2090.300
6Q70 1 42
B. The permit application may be denied when the applicant has failed to
establish to the District's satisfaction that adequate pretreatment
equipment is included within the applicants' plans to ensure that the
discharge limits will be met or that the applicant has, in the past,
demonstrated an inability to comply with applicable discharge limits.
305.2 Special Purpose Discharge Permit Conditions and Limits
A. Discharge conditions and limits shall be no less stringent than Section
205, Limits on Radioactive Wastes; Section 209, Limits on Wastewater
Strength and Characteristics; Section 210, Mass Emission Rate
Determination, and Table I, Local Discharge Limits.
B. Monitoring requirements for the discharge shall be for those
non -compatible pollutants known to exist in the discharge. At least one
analysis prior to sewer discharge shall be performed for all constituents
contained in the most current Environmental Protection Agency (EPA)
"Priority Pollutant" list, excluding asbestos.
C. The District may specify and make part of each Special Purpose
Discharge Permit specific pretreatment requirements or other terms and
conditions determined by the General Manager to be appropriate to
protect the District's Sewerage Facility, the Local Sewering Agency, to
comply with Regulatory Agencies' requirements, to ensure compliance
with this Ordinance, and to assess user charges.
305.3 Special Purpose Discharge Permit Fee
The special purpose discharge permit fee shall be paid by the applicant in an
amount adopted by Ordinance of the Board of Directors. Payment of permit fees
must be received by the District prior to issuance of either a new permit or a
renewed permit. Each permittee shall also pay delinquent invoices in full prior to
permit renewal.
305.4 Special Purpose Discharge Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the District during
the life of the permit based on:
The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
2090-3W
CA070 1 43
3. Changes in the requirements of Regulatory Agencies which affect
the District; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. A permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The District shall review the
request, make a determination on the request, and respond in writing.
C. A permittee shall be informed of any changes in the permit at least
forty-five (45) days prior to the effective date of change. Any changes or
new conditions in the permit shall include a reasonable time schedule for
compliance. -
305.5 Special Purpose Discharge Permit Duration and Renewal
Special purpose discharge permits shall be issued for a period not to exceed
one (1) year, but may be renewed as determined by the General Manager.
Users seeking permit renewal shall comply with all provisions of this Article 3.
305.6 Special Purpose Discharge Permit Charge for Use
A charge for use to cover all costs of the District for providing sewerage service
and monitoring shall be established by the General Manager. A deposit
determined by the General Manager to be sufficient to pay the estimated
charges for use shall accompany the Special Purpose Discharge Permit
application, and said deposit shall be applied to the charges for use.
306. WASTEHAULER DISCHARGE PERMIT
A. Wastehauler Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use,
and fees established by the District The conditions -of Wastehauler
discharge permits shall be enforced by the District in accordance with this
Ordinance and applicable State and Federal Regulations.
B. A Wastehauler proposing to discharge waste into the District disposal
station shall obtain both a valid Orange County Health Department Permit
(where applicable), and a OCSD Wastehauler Permit.
306.1 Wastehauler Discharge Permit Application
A. No Wastehauler shall discharge wastewater without a Wastehauler
Discharge Permit.
solo-300
640701 44
B. Any person required to obtain a Wastehauler Discharge Permit shall
complete and file with the District prior to commencing discharge, an
application in a form prescribed by the District. This application shall be
accompanied by the applicable fees. The applicant shall submit, in units
and terms appropriate for evaluation, the following information:
1. Name, address, telephone number, and description of the
industries, or clients using the applicant's services.
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of the company; Articles of
Incorporation; most recent Report of the Secretary of State;
Business License.
3. Name and address of leaseholder -of the vehicle or trailer, if
applicable.
4. Number of trucks and trailers and the license numbers and tank
hauling capacity of each.
5. A copy of the applicant's Orange County Health Department
Permit.
C. Other information related to the applicant's business operations and
potential discharge may be requested to properly evaluate the permit
application.
D. After evaluation of the data furnished, the District may issue a
Wastehauler discharge permit, subject to terms and conditions set forth in
this Ordinance and as otherwise determined by the General Manager to
be appropriate to protect the District's system.
306.2 Wastehauler Discharge Permit Conditions and Limits
The issuance of a Wastehauler permit n)ay contain any of the following
conditions or limits:
A. Limits on discharge of heavy metals and other priority pollutants.
B. Requirements for maintaining and submitting waste hauling records and
waste manifests.
C. Additional requirements as otherwise determined to be appropriate by the
General Manager to protect the District's system or as specified by other
Regulatory Agencies.
2090-300 45
64070Ll
D. Other terms and conditions which may be applicable to ensure
compliance with this Ordinance.
306.3 Wastehauler Discharqe Permit Fee
The Wastehauler discharge permit fee shall be paid by the applicant in an
amount adopted by Ordinance of the Boards of Directors. Payment of permit
fees must be received by the District prior to issuance of either a new permit or a
renewed permit. A permittee shall also pay any delinquent invoices in full prior
to permit renewal.
306.4 Wastehauler Identification Decal and Access Card Transfer
A. The identification decal is non -transferable.
B. The gate access card is issued to a specific permitted vehicle and is
non -transferable unless previously authorized in writing by the District.
306.5 Wastehauler Discharge Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the District during
the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the District; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The District shall review the
request, make a determination on the request, and respond in writing.
C. Permittee shall be informed of any change in the permit limits, conditions,
or requirements at least forty-five (45) days prior to the effective date of
change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
2osa-3W
SQ70 1 46
306.6 Wastehauler Discharge Permit Duration and Renewal
Wastehauler discharge permits shall be issued for a period not to exceed one
(1) year. Upon expiration of the permit, the user shall apply for renewal of the
permit in accordance with the provisions of Article 3.
306.7 Wastehauler Discharge Permit Charge for Use
A charge for use to cover all costs of the District for providing the disposal
station service and monitoring shall be established by Ordinance of the Board of
Directors.
307. TRANSPORTABLE TREATMENT UNIT (TTU) DISCHARGE PERMIT
Any person intending to operate a TTU shall obtain a TTU Discharge Permit
prior to discharge into the District's sewerage system. TTU discharge permits
shall be expressly subject to all provisions of this Ordinance and all other
regulations, and fees established by the District. The conditions of TTU
discharge permits shall be enforced by the District in accordance with this
Ordinance and applicable State and Federal Regulations.
307.1 TTU Discharge Permit Application
A. Any person required to obtain a TTU Wastewater Discharge Permit shall
complete and file with the District prior to commencing discharge, an
application in a form prescribed by the District. This application shall be
accompanied by the applicable fees. The applicant shall submit, in units
and terms appropriate for evaluation, the following information:
1. Name, address, description of the service activity, copy of the
permit to operate issued by the State of California, Department of
Health Services.
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State;
Business License. -
3. Volume of wastewater that can be processed by the applicant.
4. Name of individual, other than officers of corporation, who can be
served with notices.
5. Department of Motor Vehicles license plate number(s).
,i 6. EPA and State Identification Number.
209as00 47
CA070 1
B. Applicants may be required to submit mechanical and plumbing plans,
and details to show all spill containment, clarifiers and appurtenances by
size, location, and elevation for evaluation.
C. Applicants may be required to submit other information related to the
applicant's business operations and potential discharge may be
requested to properly evaluate the permit application.
D. After evaluation of the data furnished, the District may issue a
Wastehauler discharge permit, subject to terms and conditions set forth in
this Ordinance and as otherwise determined by the General Manager to
be appropriate to protect the District's system.
E. The permit application may be denied if the applicant fails to establish to
the District's satisfaction that adequate pretreatment equipment is
included within the applicants' plans to ensure that the discharge limits
will be met or if the applicant has, in the past, demonstrated an inability to
comply with applicable discharge limits.
307.2 TTU Discharge Permit Conditions and Limits
The issuance of a TTU permit may contain any of the following conditions or
limits:
A. Mass emission rates or concentrations regulating heavy metals and other
priority pollutants.
B. Limits on rate and time of discharge or requirements for flow regulation
and equalization.
C. Requirements to notify the District in writing 72 hours prior to the
discharge of any waste to the sewer.
D. Requirements for the user to construct and maintain, at his own expense,
. pH control, flow monitoring, or sampling facilities.
E. Requirements for submission of technical reports, discharge reports,
waste hauling records, and waste manifests.
F. Requirements to self -monitor.
G. Requirements for maintaining plant,records relating to wastewater
discharge and waste manifests as specified by District.
H. Other terms and conditions which may be applicable to ensure
compliance with this Ordinance.
F
209Q3W
640701 48
Other terms and conditions determined by the General Manager to be
appropriate to protect the District's system.
307.3 TTU Discharge Permit Fee
A. The TTU permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable within forty-five (45)
days of invoicing by the District. Payment of permit fees must be received
by the District prior to issuance of either a new permit or a renewed
permit. Permittee shall also pay any delinquent invoices in full prior to
permit renewal.
B. Any permit issued may be conditioned upon depositing financial security
to guarantee payment of all annual fees and charges to be incurred, in
accordance with the provisions of Section 621.(E)*** of this Ordinance.
307.4 TTU Discharge Permit Modifications of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the General
Manager during the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the District; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. The permittee shall request a modification to the terms and conditions of
an issued permit prior to increasing the contribution of flow, pollutants, or
changing the nature of pollutants where such contribution or change will
cause the permittee to be in violation of their permit or this Ordinance.
The request shall be in writing stating the requested change, and the
reasons for the change. The District shall review the request, make a
determination on the request, and respond in writing. The District's
approval may be granted or denied.
C. Permittee shall be informed"of any change in the permit limits, conditions,
or requirements at least forty-five (45) days prior to the effective date of
change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
2090.3W
640701 49
i
307.5 TTU Discharge Permit Duration and Renewal
TTU permits shall be issued for a!period not to exceed one (1) year.
308. RESERVED
309. RESERVED
I
310. OUT OF DISTRICT PERMITS/DISCHARGERS
A. Industrial Wastewater Discharge Permits for dischargers located outside
of the District's service area but tributary to the District's sewerage
facilities, may be issued by a local sewering agency after approval by the
District. The District shall have the right of inspection and sampling of the
user's discharge to determine compliance with industrial waste discharge
regulations. Such inspection and sampling will be performed under a
coordinated plan developed with the local agency. The more stringent of
the industrial waste discharge regulations and effluent limits of the District
and the local agency shall apply to the discharger.
B. Pursuant to Article 6 herein, the District shall have the right to enforce the
Federal Pretreatment Regulations, the provisions of this Ordinance, and
permit conditions and limits,applicable to any person located outside of
the District's service area, but whose discharge is tributary to the District's
`'- sewerage facilities.
C. The fees for use shall be determined by the District and set forth in a use
agreement with the local sewenng agency.
ARTICLE 4
i
FACILITIES REQUIREMENTS
401. DRAWING SUBMITTAL REQUIREMENTS
I _
UponV request by the District:
I
A. Applicants or users may be required to submit three copies of detailed
facility plans. The submittal shall be in a form and content acceptable to
the District for review of existing or proposed pretreatment facilities, spill
containment facilities, monitoring facilities, metering facilities, and
operating procedures. The review of the plans and procedures shall in no
way relieve the user of the responsibility of modifying the facilities or
procedures in the future, as necessary to produce an acceptable
discharge, and to meet the requirements of this Ordinance or any
requirements of other Regulatory Agencies.
^ '7
2090-3 !
640701 50
B. The drawing shall depict as a minimum the manufacturing process (waste
generating sources), spill containment, monitoring or metering facilities,
and pretreatment facilities.
C. The applicant or user shall submit a schematic drawing of the
pretreatment facilities, piping and instrumentation diagram, and
wastewater characterization report.
D. Users and applicants may also be required to submit for review site plans,
floor plans, mechanical and plumbing plans, and details to show all
sewers, spill containment, clarifiers, and appurtenances by size, location,
and elevation for evaluation.
E. The District may require the drawings be prepared by a California
Registered Chemical, Mechanical, or Civil Engineer.
402. PRETREATMENT FACILITIES
A. All users shall provide wastewater acceptable to the District, under the
limits established herein before discharging to any public sewer. Any
facilities required to pretreat or transport wastewater shall be provided
and maintained by a qualified operator and in proper operating condition
at the user's expense.
B. All users may also be required by the District to submit waste analysis
plans, contingency plans, and meet other necessary requirements to
ensure proper operation of the pretreatment facilities and compliance with
permit limits and this Ordinance.
C. No user shall increase the use of water or in any other manner attempt to
dilute a discharge as a partial or complete substitute for treatment to
achieve compliance with this Ordinance and the user's Permit.
403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS
A. All users shall provide spill containment for protection against discharge
of prohibited materials or other wastes regulated by this Ordinance. Such
protection shall be designed to secure the discharges and to prevent
them from entering into the system in accordance with reasonable
engineering standards. Such facilities shall be provided and maintained
at the user's expense.
B. The General Manager may require any industrial user to develop and
implement an accidental discharge/slug control plan. At least once every
two years the District shall evaluate whether each significant industrial
user needs such a plan. Any user required to develop and implement an
2osa-3W
640701 51
accidental discharge/control slug plan shall submit a plan which
addresses, at a minimum, the following:
1. Description of discharge practices, including non -routine batch
discharges.
2. Description of stored chemicals.
3. Procedures for immediately notifying the POTW of any accidental
of slug discharge. Such notification must also be given for any
discharge which would violate any of the prohibited discharges in
Article 2 of this Ordinance.
4. Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of
plant site run-off, worker training, building of containment
structures or equipment, measures for containing toxic organic
pollutants (including solvents), and measures and equipment for
emergency response.
404. MONITORING/METERING FACILITIES
A. The District may' require the user to construct and maintain in proper
s operating condition at the user's sole expense, flow monitoring,
constituent monitoring and/or sampling facilities.
B. The monitoring or metering facilities may be required to include a security
closure that can be locked with a District provided hasp lock during
sampling or upon termination of service.
C. The location of the monitoring or metering facilities shall be subject to
approval by the District.
D. The user shall provide immediate, clear, safe and uninterrupted access to
the District to the user's monitoring and metering facilities.
405. WASTE MINIMIZATION REQUIREMENTS
The user shall provide waste minimization plans to conserve water, investigate
product substitution, provide inventory control, implement employee education,
and other steps as necessary to minimize waste produced.
solo-"
640701 52
ARTICLE 5
MONITORING, REPORTING, NOTIFICATION,
AND INSPECTION REQUIREMENTS
501. MONITORING AND REPORTING CONDITIONS
A. Monitoring for Annual Charge for Use
The wastewater constituents and characteristics of a discharger needed
for determining the annual charge for use shall be submitted in the form of
self -monitoring reports by the user to the District, if requested. The
frequency of analyses and reporting shall be set forth in the user's permit.
The analyses of these constituents and characteristics shall be by a
laboratory acceptable to the District, and -at the sole expense of the
permittee. Analyses performed by District's personnel may used in the
determination of the annual charge for use.
B. Monitoring for Compliance with Permit Conditions or Reporting
Requirements
The District may require reports for self -monitoring of wastewater
constituents and characteristics of the discharger needed for determining
compliance with any limit or requirements as specified in the user's
permit, Federal or State Regulations, or this Ordinance. These reports
include:
(1) Baseline Monitoring Reports.
(2) Compliance Schedule Progress Reports.
(3) 90-Day Compliance Reports.
(4) Periodic Reports on continued compliance.
(5) Notification of the Discharge of Hazardous Waste.
(6) Other reports as required by the District.
Monitoring reports of the analyses of wastewater constituents and
characteristics shall be in a manner and form approved by the District and
shall be submitted upon request of the District. When applicable, the
self -monitoring requirement and frequency of reporting may be set forth in
the user's permit as directed by the District. The analyses of wastewater
constituents and characteristics and the preparation of the monitoring
report shall be done at the sole expense of the user. Failure by the user
zoso-soo
64070 1 53
to perform any required monitoring, or to submit monitoring reports
required by the District constitutes a violation of this Ordinance, may
result in determining whether the permittee is in significant non-
compliance, and be cause for the District to initiate all necessary tasks
and analyses to determine the wastewater constituents and
characteristics for compliance with any limits and requirements specified
in the user's permit or in this Ordinance. The user shall be responsible
for any and all expenses of the District in undertaking such monitoring
analyses and preparation of reports.
501.1 Inspection and Sampling Conditions
A. The District may inspect and sample the wastewater generating and
disposal facilities of any user to ascertain. whether the intent of this
Ordinance is being met and the user is complying with all requirements.
B. The District shall have the right to place on`the user's property or other
locations as determined by the District, such devices as are necessary to
conduct sampling or metering operations. Where a user has security
measures in force, the user shall make necessary arrangements so that
personnel from the District shall be permitted to enter without delay for
the purpose of performing their specific responsibilities.
=? C. In order for the District to determine the wastewater characteristics of the
discharger for purposes of determining the annual use charge and for
compliance with permit requirements, the user shall make available for
inspection and copying by the District all notices, self -monitoring reports,
waste manifests, and records including, but not limited to, those related to
production, wastewater generation, wastewater disposal, and those
required in the Federal Pretreatment Requirements without restriction but
subject to the confidentiality provision set forth in Section 103 herein. All
such records shall be kept by the user a minimum of three (3) years.
501.2 Right of Entry
Persons or occupants of premises where wastewater is created or discharged,
shall allow the District, or its representatives, reasonable access to all parts of
the wastewater generating and disposal facilities for the purposes of inspection
and sampling during all times the discharger's facility is open, operating, or any
other reasonable time. No person shall interfere with, delay, resist or refuse
entrance to authorized District's personnel attempting to inspect any facility
involved directly or indirectly with a discharge of wastewater to the District's
sewerage system.
2090-3M
640701 54
501.3 Notification of Spill or Slug Loading
A. In the event the discharger is unable to comply with any permit condition
due to a breakdown of equipment, accidents, or human error, or the
discharger has reasonable opportunity to know that his discharge will
exceed the discharge provisions of the user's permit, Section 209 or
Table I, Local Discharge Limits, the discharger shall immediately notify
the District by telephone. If the material discharged to the sewer has the
potential to cause or result in a fire or explosion hazard, the discharger
shall immediately notify the local fire department and the District.
B. Confirmation of this notification shall be made in writing no later than five
(5) working days from the date of the incident. The written notification
shall state the date of the incident, the reasons for the discharge or spill,
what steps were taken to immediately correct the problem, and what steps
are being taken to prevent the problem from recurring.
C. Such notification shall not relieve the user of any expense, loss, damage
or other liability which may be incurred as a result of damage or loss to
the District or any other damage or loss to person or property; nor shall
such notification relieve the user of any fees or other liability which may
be imposed by this Ordinance or other applicable law.
501.4 Notification of Bypass
A. Bypass of industrial wastewater to the sewerage system is prohibited.
The District may take enforcement action against the user, unless:
Bypass was unavoidable because it was done to prevent loss of
life, personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
elective slow -down or shut -down of production units or
maintenance during periods of production downtime. This
condition is not satisfied if adequate backup equipment could have
been feasibly installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventative maintenance; and
3. The permittee submitted notices as required under Article
501.4(B).
209Q3W
sao7a , 55
' B. If a permittee knows in advance of the need for a bypass, it shall submit a
written request to allow the bypass to the District, if possible, at least ten
(10) days before the date of the bypass.
C. The District may approve an anticipated bypass at its sole discretion after
considering its adverse effects, and the District determines that the
conditions listed in 501.4(A)(1-3) are met.
D. A permittee shall provide telephone notification to the District of an
unanticipated bypass that exceeds its permitted discharge limits within
four hours from the time the permittee becomes aware of the bypass. A
written report shall also be provided within five (5) days of the time the
permittee becomes aware or could reasonably have been aware of the
bypass. The report shall contain a description of the bypass and its
cause; the duration of the bypass, including exact dates and times, and, if
the bypass has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent
recurrence of the bypass. Failure to submit oral notice or written report
may be grounds for permit revocation.
ARTICLE 6
ENFORCEMENT
600. PURPOSE AND SCOPE
A. The Board finds that in order for the District to comply with the laws,
regulations, and rules imposed upon it by Regulatory Agencies and to
ensure that the District's sewerage facilities and treatment processes are
protected and are able to operate with the highest degree of efficiency,
and to protect the public health and environment, specific enforcement
provisions must be adopted to govern the discharges to the District's
system by industrial discharge permittees.
B. To ensure that all interested parties are afforded due process of law and
that non-compliance and violations are resolved as soon as possible, the
general policy of the District is that:
1. Any determination relating to a Probation Order, Enforcement
Compliance Schedule Agreement (ECSA), or Regulatory
Compliance Schedule Agreement (RCSA) will be made by the
Division Head of the Source Control Division, with a right of appeal
by the permittee to the General Manager pursuant to the
J procedures set forth in Section 617.
2090-3W 56
640701
2. A user, permittee, or applicant for a permit may request the
Steering Committee to hear an appeal of the General Manager's
decision pursuant to Section 618. Such request may be granted or
denied by the Steering Committee.
3. Any permit suspension or revocation recommended by the Source
Control Division Head will be heard and a recommendation made
to the General Manager by a District Department Head or other
person designated by the General Manager with a right of appeal
of the General Manager's order by the permittee to the Steering
Committee pursuant to the provisions of Section 618.
4. Actions and decisions by the Division Head or Department Head
are made pursuant to a delegation of authority by the General
Manager as authorized by Section 107 of this Ordinance.
C. The District, at its discretion, may utilize any one, combination, or all
enforcement remedies provided in Article 6 in response to any permit or
Ordinance violation.
601. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS
•Yi
A. Sampling Procedures
Sampling of all permittees shall be conducted in the time, place,
manner, and frequency determined at the sole discretion of the
District.
2. Non-compliance with mass emission rate limits, concentration
limits, permit discharge conditions, or any discharge provision of
this Ordinance may be determined by an analysis of a grab or
composite sample of the effluent of a user. Non-compliance with
mass emission rate limits shall be determined by an analysis of a
composite sample of the user's effluent, except that a grab sample
may be used to deterfnine compliance with mass emission rate
limits when the discharge is from a closed (batch) treatment system
in which there is no wastewater flow into the system when the
discharge is occurring, the volume of wastewater contained in the
batch system is known, the time interval of discharge is known, and
the grab sample is homogeneous and representative of the
discharge.
3. Any sample taken from a sample point is considered to be
representative of the discharge to the public sewer.
zoso-3W
640701 57
602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES
A. Self -Monitoring Requirements as a Result of Non -Compliance
If analysis of any sample obtained by the District or by a permittee
shows non-compliance with the applicable wastewater discharge
limits set forth in the Ordinance or in the permittee's discharge
permit, the District may impose self -monitoring requirements on the
permittee.
2. A permittee shall perform required self -monitoring of constituents in
a frequency, at the specific location, and in a manner directed by
the District. -
3. All analyses of self -monitoring samples shall be performed by an
independent laboratory acceptable to the District and submitted to
the District in a form and frequency determined by the District.
4. All self -monitoring costs shall be borne by the permittee.
5. Nothing in this section shall be deemed to limit the authority of the
District to impose self -monitoring as a permit condition.
B. Purpose of Non -Compliance Sampling Fees
The purpose of the non-compliance sampling fee is to compensate
the District for costs of additional sampling, monitoring, laboratory
analysis, treatment, disposal, and administrative processing
incurred as a result of the non-compliance, and shall be in addition
to and not in lieu of any penalties as may be assessed pursuant to
Sections 615 and 616.
C. - Non -Compliance Sampling Fees for Composite Samples
Each violation of a permittee's permit limit or condition is a violation
of this Ordinance.
2. a) If analysis of any composite sample of a permittee's
discharge obtained by the District shows a major violation by
the permittee of the mass emission rates or concentration
limits specified in the permittee's discharge permit or in this
Ordinance, then the permittee shall pay non-compliance
sampling fees to the District pursuant to fee schedules
adopted by the District's Board of Directors.
3
j
2090-300 �8
640701
b) If analysis of any composite sample of a permittee's
discharge obtained by the District shows a minor violation
by the permittee of the mass emission rates or concentration
limits specified in the permittee's discharge permit or in this
Ordinance, then the District may impose non-compliance
sampling fees pursuant to fee schedules adopted by the
District's Board of Directors.
3. The fees specified in subsection 602.C.2.(a), C.2.(b) and D herein
shall be imposed for each date on which the District conducts
sampling as a result of a violation by a permittee.
D. Non -Compliance Sampling Fees for Grab Samples and Self -Monitoring
Results
If analysis of any grab sample analysis of a permittee's discharge
shows non-compliance with any concentration limits as set forth in
the user's permit or in this Ordinance, the District may impose non-
compliance sampling fees, pursuant to fee schedules adopted by
the District's Board of Directors, for sampling conducted by the
District as a result of a violation by the permittee.
2. If any self -monitoring analysis of a permittee's discharge shows
non-compliance with any concentration limits or mass emission
rates as set forth in the user's permit or in this Ordinance, the
District may impose non-compliance sampling fees, pursuant to fee
schedules adopted by the District's Board of Directors, for sampling
conducted by the District as a result of a violation by the permittee.
602.1 Probation Order
A. Grounds
In the event the Division Head determines that a permittee has violated any
provision of this Ordinance, or the terms, conditions and limits of its discharge.
permit, or has not made payment of all amounts owed to the District for user
charges, non-compliance fees or any other fees, the General Manager may
issue a Probation Order, whereby the permittee must comply with all directives,
conditions and requirements therein within the time prescribed.
B. Provisions
The issuance of a Probation Order may contain terms and conditions including,
a but not limited to, installation of pretreatment equipment and facilities,
2090.3W
rA07o 1 59
requirements for self -monitoring, submittal of drawings or technical reports,
operator certification, audit of waste minimization practices, payment of fees,
limits on rate and time of discharge, or other provisions to ensure compliance
with this Ordinance.
C. Probation Order - Expiration
A Probation Order issued by the General Manager shall be in effect for a period
not to exceed ninety (90) days.
602.2 Enforcement Compliance Schedule Agreement (ECSA)
A. Grounds
Upon determination that a permittee is in non-compliance with the terms,
conditions or limits specified in its permit or any provision of this Ordinance, and
needs to construct and/or acquire and install equipment related to pretreatment,
the General Manager may require the permittee to enter into an ECSA which
will, upon the effective date of the ECSA, amend the permittee's permit. The
ECSA shall contain terms and conditions by which a permittee must operate
during its term and shall provide specific dates for achieving compliance with
each term and condition for construction and/or acquisition and installation of
required equipment related to pretreatment.
B. Provisions
The issuance of an ECSA may contain terms and conditions including but not
limited to requirements for self -monitoring, installation of pretreatment equipment
and facilities, submittal of drawings or reports, operator certification, audit of
waste minimization practices, payment of fees, limits on rate and time of
discharge, deposit of performance guarantee, or other provisions to ensure
compliance with this Ordinance.
C. ECSA - Payment of Amounts Owed
The District shall not enter into an ECSA until such time as all amounts owed to
the District, including user fees, non-compliance sampling fees, deposits, or
other amounts due are paid in full, or an agreement for deferred payment
secured by collateral or a third party, is approved by the General Manager.
Failure to pay all amounts owed to the District shall be grounds for permit
suspension or permit revocation as set forth in Section 604 and 605.
2090-3W
CA070 1 60
D. ECSA - Permit Suspension/Revocation
If compliance is not achieved in accordance with the terms and conditions of an
ECSA during its term, the General Manager may issue an order suspending or
revoking the discharge permit pursuant to Section 604 or 605 of this Ordinance.
603. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)
A. Grounds
If at any time subsequent to the issuance of a Wastewater Discharge Permit to
an industrial user, Federal Categorical Pretreatment Standards are adopted or
revised by the United States Environmental Protection Agency, or in the event
the District enacts revised discharge limits, the General Manager, upon
determination that an industrial user would not be in compliance with the
adopted or revised limits, may require the industrial user to enter into a RCSA
with the District under terms and conditions that would provide for achieving
compliance with all new standards by the industrial user on a specific date. The
RCSA shall have a maximum term of two hundred -seventy (270) days.
B. Provisions
The issuance of a RCSA may contain terms and conditions including but not
limited to requirements for installation of pretreatment equipment and facilities,
submittal of drawings or reports, waste minimization practices or other provisions
to ensure compliance with this Ordinance.
C. RCSA - Non -Compliance Sampling Fee
During the period said RCSA is in effect, any discharge by permittee in violation
of the RCSA will require payment of non-compliance sampling fees in
accordance with Article 6.
604. PERMIT SUSPENSION
A. Grounds
The General Manager may suspend any permit when it is determined that
a permittee:
Fails to comply with the terms and conditions of either an ECSA or
RCSA.
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2. Knowingly provides a false statement, representation, record,
report, or other document to the District.
3. Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms, conditions, or
limits, discharge compliance, or compliance with this Ordinance.
4. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5. Fails to report significant changes in operations or wastewater
constituents and characteristics.
6. Violates a Probation Order.
7. Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
8. Does not make timely payment of all amounts owed to the District
for user charges, non-compliance sampling fees, permit fees, or
any other fees imposed pursuant to this Ordinance.
9. Violates any condition or limit of its discharge permit or any
provision of the District's Ordinance.
B. Notice/Hearing
When the General Manager has reason to believe that grounds exist for permit
suspension, he shall give written notice thereof by certified mail to the permittee
setting forth a statement of the facts and grounds deemed to exist, together with
the time and place where the charges shall be heard by the General Manager's
designee. The hearing date shall be not less than fifteen (15) calendar days nor
more than forty-five (45) calendar days after the mailing of such notice.
At the suspension hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with procedures established by the General Manager
and approved by the District's General Counsel.
2. After the conclusion of the hearing, the General Manager's
designee shall submit a written report to the General Manager
setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions, and a
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C. Effect
recommendation.
Upon receipt of the written report, the General Manager shall make
his determination and should he find that grounds exist for
suspension of the permit, he shall issue his decision and order in
writing within thirty (30) calendar days after the conclusion of the
hearing by his designee. The written decision and order of the
General Manager shall be sent by certified mail to the permittee or
its legal counsel/representative at the permittee's business
address.
Upon an order of suspension by the General Manager becoming
final, the permittee shall immediately cease and desist its
discharge and shall have no right to discharge any industrial
wastewater, directly or indirectly to the District's system for the
duration of the suspension. All costs for physically terminating and
reinstating service shall be paid by the permittee.
2. Any owner or responsible management employee of the permittee
shall be bound by the order of suspension.
3. An order of permit suspension issued by the General Manager
shall be final in all respects on the sixteenth (16th) day after it is
mailed to the permittee unless a request for hearing is filed with the
Steering Committee pursuant to Section 618 no later than 5:00
p.m. on the fifteenth (15th) day following such mailing.
605. PERMIT REVOCATION
A. Grounds
The General Manager may revoke any permit when it is determined that a
permittee:
Knowingly provides a false statement, representation, record,
report, or other document to the District.
2. Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms, conditions, or
limits, discharge compliance, or compliance with this Ordinance.
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CA070 1 63
3. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4. Fails to report significant changes in operations or wastewater
constituents and characteristics
5. Fails to comply with the terms and conditions of an ECSA, permit
suspension, or probation order.
6. Discharges effluent to the District's sewerage system while its
permit is suspended.
7. Refuses reasonable access to the_permittee's premises for the
purpose of inspection and monitoring.
8. Does not make timely payment of all amounts owed to the District
for user charges, non-compliance sampling fees, permit fees, or
any other fees imposed pursuant to this Ordinance.
9. Causes interference with the District's collection, treatment, or
disposal system.
:-.. 10. Fails to submit oral notice or written report of bypass occurrence.
11. Violates any condition or limit of its discharge permit or any
provision of the District's Ordinance.
B. Notice/Hearing
When the General Manager has reason to believe that grounds exist for the
revocation of a permit, he shall give written notice by certified mail thereof to the
permittee setting forth a statement of the facts and grounds deemed to exist
together with the time and place where the charges shall be heard by the
General Manager's designee. The hearing date shall be not less than fifteen
(15) calendar days nor more than forty-five (45) calendar days after the mailing
of such notice.
1. At the hearing, the permittee shall have an opportunity to respond
to the allegations set forth in the notice by presenting written or
oral evidence. The revocation hearing shall be conducted in
accordance with the procedures established by the General
Manager and approved by the District's General Counsel.
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Sao%0 1 64
2. After the conclusion of the hearing, the General Manager's
designee shall submit a written report to the General Manager
setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions, and a
recommendation.
Upon receipt of the written report, the General Manager shall make
his determination and should he find that grounds exist for
permanent revocation of the permit, he shall issue his decision and
order in writing within thirty (30) calendar days after the conclusion
of the hearing by his designee. The written decision and order of
the General Manager shall be sent by certified mail to the
permittee or its legal counsel/representative at the permittee's
business address.
In the event the General Manager determines to not revoke the
permit, he may order other enforcement actions, including, but not
limited to, a temporary suspension of the permit, under terms and
conditions that he deems appropriate.
C. Effect
1. Upon an order of revocation by the General Manager becoming
final, the permittee shall permanently lose all rights to discharge
any industrial wastewater directly or indirectly to the District's
system. All costs for physical termination shall be paid by the
permittee.
2. Any owner or responsible management employee of the permittee
shall be bound by the order of revocation.
3. Any future application for a permit at any location within the District
by any person subject to an Qrder of revocation will be considered
by the District after fully reviewing the records of the revoked
permit, which records -may be the basis for denial of a new permit,
4. An order of permit revocation issued by the General Manager shall
be final in all respects on the sixteenth (16th) day after it is mailed
to the permittee unless a request for hearing is filed with the
Steering Committee pursuant to Section 618 no later than 5:00
p.m. on the fifteenth (15th) day following such mailing.
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606. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
A Wastehauler's non-compliance with permit requirements shall be determined
by an analysis of a sample of the discharge for any constituent or conditions
specified in the Wastehauler's discharge permit or this Ordinance. If the
discharge of a Wastehauler is found by the analysis to be in excess of the_
concentration limits specified in the Wastehauler's discharge permit or in this
Ordinance, the Wastehauler shall, after receiving a demand from the District,
identify in writing, all sources of the discharge.
Even if it is established to the satisfaction of the General Manager that the origin
of the discharge is septic waste or sanitary waste, the District may still elect not
to accept waste from that particular source. _
If the discharge is from an industrial source(s) and exceeds permit concentration
limits or limits specified in this Ordinance, the following shall apply:
A. First Violation
The permittee shall pay a non-compliance sampling fee.
2. The Wastehauler permit for disposal privileges shall be suspended
=' for five (5) days.
B. Second Violation
The permittee shall pay a non-compliance sampling fee.
2. The Wastehauler permit for disposal privileges shall be suspended
for ten (10) days.
3. The Wastehauler permit may be revoked in accordance with
Section 606. Y
607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. Any person who discharges any waste which causes or contributes to
any obstruction, interference, damage, or any other impairment to the
District's sewerage facilities or to the operation of those facilities shall be
liable for all costs required to clean or repair the facilities together with
expenses incurred by the Districts to resume normal operations. Such
discharge shall be grounds for permit revocation. A service charge of
twenty-five percent (25%) of District's costs shall be added to the costs
and charges to reimburse the District for miscellaneous overhead,
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including administrative personnel and record keeping. The total amount
shall be payable within forty-five (45) days of invoicing by the District.
B. Any person who discharges a waste which causes or contributes to the
District violating its discharge requirements established by any
Regulatory Agency incurring additional expenses or suffering losses or
damage to the facilities, shall be liable for any costs or expenses incurred
by the District, including regulatory fines, penalties, and assessments
made by other agencies or a court.
608. INDUSTRIAL WASTE PASS THROUGH
Any person whose discharge results in a pass through event affecting the
District or its sewerage facilities shall be liable for all costs associated with the
event, including treatment costs, regulatory fines, penalties, assessments, and
other indirect costs. The discharger shall submit tb the District plans to prevent
future recurrences to the satisfaction of the District.
609. PUBLICATION OF VIOLATION
Upon a determination in a permit suspension, permit revocation, or civil penalty
proceedings that a user has discharged in violation of its permit or any provision
under this Ordinance, the District may require that the user notify the public
and/or other users of the District's sewerage facilities of such violation, of
actions taken to correct such violation, and of any administrative or judicial
orders or penalties imposed -as a result of such violation.
610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE
In accordance with Federal Regulations, the District shall annually cause to be
published the names of all industrial users in significant non-compliance. Upon
a minimum of a thirty (30)-day notification to the user, said publication shall be
made in the newspaper of the largest daffy circulation published in the District's
service area.
611. PUBLIC NUISANCE
Discharge of wastewater in any manner in violation of this Ordinance or of any
order issued by the General Manager, as authorized by this Ordinance, is
hereby declared a public nuisance and shall be corrected or abated as directed
by the General Manager. Any person creating a public nuisance is guilty of a
misdemeanor.
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612. TERMINATION OF SERVICE
A. The District, by order of the General Manager, may physically terminate
sewerage service to any property as follows:
1. On a term of any order of emergency suspension or revocation of a
permit; or
2. Upon the failure of a person not holding a valid discharge permit to
immediately cease discharge, whether direct or indirect, to the
District's sewerage facilities.
B. All costs for physical termination shall be paid by the user as well as all
costs for reinstating service.
613. EMERGENCY SUSPENSION ORDER
A. The District may, by order of the General Manager, suspend sewerage
service or Wastehauler discharge service when the General Manager
determines that such suspension is necessary in order to stop an actual
or impending discharge which presents or may present an imminent or
substantial endangerment to the health and welfare of persons, or to the
environment, or may cause interference to the District's sewerage
facilities, or may cause the District to violate -any State or Federal Law or
Regulation. Any discharger notified of and subject to an Emergency
Suspension Order shall immediately cease and desist the discharge of all
industrial wastewater to the sewerage system.
B. As soon as reasonably practicable following the issuance of an
Emergency Suspension Order, but in no event more than five (5) days
following the issuance of such order, the General Manager shall hold a
hearing to provide the user the opportunity to present information in
opposition to the issuance of the Emergency Suspension Order. Such a
hearing shall not stay the effect of the Emergency Suspension Order.
The hearing shall be conducted in accordance with procedures
established by the General Manager and approved by the District's
General Counsel. The General Manager shall issue a written decision '
and order within two (2) business days following the hearing, which
decision shall be sent by certified mail to the user or its legal
counsel/representative at that user's business address. The decision of
the General Manager following the hearing shall be final and not
appealable.
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2090-300 68
CA070 1
614. INJUNCTION
Whenever a discharger of wastewater is in violation of or has the reasonable
potential to violate any provision of this Ordinance, permit condition, or any
Federal Pretreatment Standard or requirement as set forth in 40 CFR Section
403.8 et seq., fails to submit required reports, or refuses to allow the District
entry to inspect or monitor the user's discharge, the District may petition the
Superior Court for the issuance of a preliminary or permanent injunction, or both,
as may be appropriate to restrain the continued violation or to prevent
threatened violations by the discharger.
615. CIVIL PENALTIES
A. Authority
All users of the District's system and facilities are subject to enforcement actions
administratively or judicially by the District, U.S. EPA, State of California
Regional Water Quality Control Board, or the County of Orange District Attorney.
Said actions may be taken pursuant to the authority and provisions of several
laws, including but not limited to: (1) Federal Water Pollution Control Act,
commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2)
California Porter -Cologne Water Quality Control Act (California Water Code
Section 13000 et seq.); (3) California Hazardous Waste Control Law (California
Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation
and RecoveryAct of 1976 42 U.S.C.A Section 6901 et se ( q.); and (5) California
Government Code, Sections 54739-54740.
B. Recovery of Fines or Penalties
In the event the District is subject to the payment of fines or penalties pursuant
to the legal authority and actions of other regulatory or enforcement agencies
based on a violation of law or regulation or its permits, and said violation can be
established by District, as caused by the discharge of any user of the District's
system which is in violation of any provision of the District's Ordinance or the
user's permit, District shall be entitled to -recover from the user all costs and
expenses, including, but not limited to, the full amount of said fines or penalties
to which it has been subjected.
C. Ordinance
Pursuant to the authority of California Government Code Sections 54739 -
54740, any person who violates any provision of this Ordinance; any permit
condition, prohibition or effluent limit; or any suspension or revocation order
shall be liable civilly for a sum not to exceed $25,000.00 per violation for each
r,
209Q300
640701 69
day in which such violation occurs. Pursuant to the authority of the Clean Water
,j Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of
this Ordinance, or any permit condition, prohibition, or effluent limit shall be
liable civilly for a sum not to exceed $25,000.00 per violation for each day in
which such violation occurs. The General Counsel of the District, upon order of
the General Manager, shall petition the Superior Court to impose, assess, and
recover such penalties, or such other penalties as the District may impose,
assess, and recover pursuant to Federal and/or State legislative authorization.
D. Administrative Civil Penalties
Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the District may issue an administrative
complaint to any person who violates:
a) any provision of this Ordinance;
b) any permit condition, prohibition, or effluent limit; or
c) any suspension or revocation order.
2. The administrative complaint shall be served by personal delivery
or certified mail on the person and shall inform the person that a
hearing will be conducted, and shall specify a hearing date within
sixty (60) days following service. The administrative complaint will
allege the act or failure to act that constitutes the violation of the
District's requirements, the provisions of law authorizing civil
liability to be imposed; and the proposed civil penalty. The matter
shall be heard by the General Manager 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 will not be
conducted.
3. At the hearing, the person shall have an opportunity to respond to
the allegations set forth in the administrative complaint by
presenting written or oral evidence. The hearing shall be
conducted in accordance with the procedures established by the -
General Manager and approved by the District's General Counsel.
4. After the conclusion of the hearing, the General Manager's
designee shall submit a written report to the General Manager
setting forth a brief statement of the facts found to be true, a
determination of the issues presented, conclusions, and a
recommendation.
1
2090-"
640701 70
5. Upon receipt of the written report, the General Manager shall make
his determination and should he find that grounds exist for
assessment of a civil penalty against the person, he shall issue his
decision and order in writing within thirty (30) calendar days after
the conclusion of the hearing by his designee
6. If, after the hearing or appeal, if any, it is found that the person has
violated reporting or discharge requirements, the General Manager
or Steering Committee may assess a civil penalty against that
person. In determining the amount of the civil penalty, the General
Manager or Steering Committee may take into consideration all
relevant circumstances, including but not limited to the extent of
harm caused by the violation, the economic benefit derived through
any non-compliance, the nature and persistence of the violation,
the length of time over which the violation occurs, and corrective
action, if any, attempted or taken by the person involved.
7. Civil penalties may be assessed as follows:
a) In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to furnish
technical or monitoring reports;
b) In an amount which shall not exceed three thousand dollars
($3,000.00) for each day for failing or refusing to timely
comply with any compliance schedules established by the
District;
c) In an amount which shall not exceed five thousand dollars
($5,000.00) per violation for each day of discharge in
violation of any waste discharge limit, permit condition, or
requirement issued, reissued, or adopted by the District;
d) In any amount which does not exceed ten dollars ($10.00)
per gallon for discharges in violation of -any suspension,
revocation, cease and desist order or other orders, or
prohibition issued, reissued, or adopted by the District;
8. An order assessing administrative civil penalties issued by the
General Manager shall be final in all respects on the thirty-first
(31 st) day after its is served on the person unless an appeal and
request for hearing is filed with the Steering Committee pursuant to
Section 618 no later than the thirtieth (30th) day following such
mailing. An order assessing administrative civil penalties issued
2oso-3W
640701 71
by the Steering Committee shall be final upon issuance.
9. Copies of the administrative order shall be served on the party
served with the administrative complaint, either by personal service
or by registered mail to the person at his business or residence
address, and upon other persons who appeared at the hearing and
requested a copy of the order.
10. Any person aggrieved by a final order issued by the Steering
Committee, after granting review of the order of the General
Manager, may obtain review of the order of the Steering Committee
in the superior court, pursuant to Government Code Section
54740.6, by filing in the court a petition for writ of mandate within
thirty (30) days following the service of a copy of the decision or
order issued by the Steering Committee.
11. Payment of any order setting administrative civil penalties shall be
made within thirty (30) days of the date the order becomes final.
The amount of any administrative civil penalties imposed which
have remained delinquent for a period of sixty (60) days shall
constitute a lien against the real property of the discharger from
which the discharge resulting in the imposition of the civil penalty
originated. The lien shall have no effect until recorded with the
county recorder. The District may record the lien for any unpaid
administrative civil penalties on the ninety-first (91 st) day following
the date the order becomes final.
12. No administrative civil penalties shall be recoverable under Section
615.D for any violation for which the District has recovered civil
penalties through a judicial proceeding filed pursuant to
Government Code Section 54740.
616. CRIMINAL PENALTIES
Any person who violates any provision of this Ordinance is guilty of a
misdemeanor, which upon conviction is punishable by a fine not to exceed
$1,000.00, or imprisonment for not more than thirty (30) days, or both. Each
violation and each day in which a violation occurs may constitute a new and
separate violation of this Ordinance and shall be subject to the penalties
contained herein.
>" 2oso-3W
640701 72
617. APPEALS TO GENERAL MANAGER
A. General
Any user, permit applicant or permittee affected by any decision, action or
determination made by the Division Head may file with the General Manager a
written request for an appeal hearing. The request must be received by the
District within fifteen (15) days of mailing of notice of the decision, action, or
determination of the District to the appellant. The request for hearing shall set
forth in detail all facts supporting the appellant's request.
B. Notice
The General Manager shall, within fifteen (15) days of receiving the request for
appeal, and pursuant to Section 107, designate a Department Head or other
person to hear the appeal and provide written notice to the appellant of the
hearing date, time and place. The hearing date shall not be more than thirty (30)
days from the mailing of such notice by certified mail to the appellant unless a
later date is agreed to by the appellant. If the hearing is not held within said time
due to actions or inactions of the appellant, then the staff decision shall be
deemed final.
C. Hearing
At the hearing, the appellant shall have the opportunity to present information
supporting its position concerning the Division Head's decision, action or
determination. The hearing shall be conducted in accordance with procedures
established by the General Manager and approved by the District's General
Counsel.
D. Written Determination
After the conclusion of the hearing, the Department Head (or other designee)
shall submit a written report to the General Manager setting forth a brief
statement of facts found to be true, a determination of the issues presented,
conclusions, and a recommendation whether to uphold, modify or reverse the
Division Head's original decision, action or determination. Upon receipt of the'
written report, the General Manager shall make his determination and shall issue
his decision and order within thirty (30) calendar days of the hearing by his
designee. The written decision and order of the General Manager shall be sent
by certified mail to the appellant or its legal counsel/representative at the
appellant's business address.
2oso-goo
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The order of the General Manager shall be final in all respects on the sixteenth
(16th) day after it is mailed to the appellant unless a request for hearing is filed
with the Steering Committee pursuant to Section 618, no later than 5:00 p.m. on
the fifteenth day following such mailing.
618. APPEALS TO THE STEERING COMMITTEE
A. General
Any user, permit applicant, or permittee adversely affected by a decision, action,
or determination made by the General Manager may, prior to the date that the
General Manager's order becomes final, file a written request for hearing before
the Steering Committee of the Joint Boards of Directors accompanied by an
appeal fee in the amount established by a separate resolution of the District's
Board of Directors. The request for hearing shall set forth in detail all the issues
in dispute for which the appellant seeks determination and all facts supporting
appellant's request.
No later than sixty (60) days after receipt of the request for hearing, the Steering
Committee shall either set the matter for a hearing, or deny the request for a
hearing.
A hearing shall be held by the Steering Committee within sixty-five (65) days
from the'date of determination granting a hearing, unless a later date is agreed
to by the, appellant and the Steering Committee. If the matter is not heard within
the required time, due to actions or inactions of the appellant, the General
Manager's order shall be deemed final.
B. Granting Request for Hearing
The Steering Committee shall grant all requests for a hearing on appeals
concerning permit suspension, revocation, or denial. Whether to grant or deny
the request for a hearing on appeals of other decisions of the General Manager
shall be within the sole discretion of the Steering Committee.
C. Appeal Fee Refund
The appeal fee shall be refunded if the Steering Committee denies a hearing or
reverses or modifies, in favor of the appellant, the order of the General Manager.
The fee shall not be refunded if the Steering Committee denies the appeal.
2090-300
640701 74
D. Written Determination
After the hearing, the Steering Committee shall make a determination whether to
uphold, modify, or reverse the decision, action, or determination made by the
General Manager.
The decision of the Steering Committee shall be set forth in writing within sixty-
five (65) days after the close of the hearing and shall contain a finding of the
facts found to be true, the determination of issues presented, and the
conclusions. The written decision and order of the Steering Committee shall be
sent by certified mail to the appellant or its legal counsel/representative at the
appellant's business address.
The order of the Steering Committee shall be final upon its adoption. In the
event the Steering Committee fails to reverse or- modify the General Manager's
order, it shall be deemed affirmed.
618.1 Appeal of Charges and Fees
Any user, permit applicant, or permittee affected by any decision, action, or
determination by the District, relating to fiscal issues of the District in which the
user, applicant, or permittee is located, including but not limited to the imposition
and collection of fees, such as connection charges, sewer use charges, special
purpose discharge.use charges and Wastehauler fees, may request that the
District reconsider imposition of such fees or charges. Following review of such
a request, the District shall notify the user, permit applicant, or permittee by
certified mail of the District's decision on the reconsideration request. Any user,
permit applicant, or permittee adversely affected by the District's decision on the
reconsideration request may file an appeal which shall be heard by the Board of
Directors of the District in which the appellant's property is located. The notice
of appeal must be received by the District within thirty (30) days of the mailing of
the District's decision on the reconsideration request.
Notwithstanding the foregoing, appeals of non-compliance sampling fees shall
be made pursuant to the appeal procedu(es set forth in Sections 617 and 618.
619. PAYMENT OF CHARGES
A. Except as otherwise provided, all fees, charges and penalties established
by this Ordinance are due and payable upon receipt of notice thereof. All
such amounts are delinquent if unpaid forty-five (45) days after date of
invoice.
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2090.3W 75
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B. Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1. Forty-six (46) days after date of invoice, a basic penalty of ten
percent (10%) of the base invoice amount, not to exceed a
maximum of $1, 000.00; and
2. A penalty of one and one-half percent (1.5%) per month of the
base invoice amount and basic penalty shall accrue from and after
the forty-sixth (46th) day after date of invoice.
C. Any invoice outstanding and unpaid after ninety (90) days shall be cause
for immediate initiation of permit revocation proceedings or immediate
suspension of the permit.
D. Penalties charged under this Section shall not accrue to those invoices
successfully appealed, provided the District receives written notification of
said appeal prior to the payment due date.
E. Payment of disputed charges is still required by the due date during
District review of any appeal submitted by permittees.
619.1 Collection of Delinquent Accounts
Collection of delinquent accounts shall be in accordance with the District's policy
resolution establishing procedures for collection of delinquent obligations owed
to the District, as amended from time to time by the Board of Directors. Any
such action for collection may include an application for an injunction to prevent
repeated and recurring violations of this Ordinance.
620. RECOVERY OF COSTS INCURRED BY DISTRICT
In the event permittee fails to comply with any of the terms and conditions of the
District's Ordinance, a probationary order, a permit suspension or revocation, an
ECSA, RCSA, or a permit issued hereur-der, the District shall be entitled to
reasonable attorney's fees and costs which may be incurred in order to enforce
any of said terms and conditions, with or without filing proceedings in court.
621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT
A. Compliance Deposit
Permittees that have been subject to enforcement and/or collection proceedings
may be required to deposit with the District an amount determined by the
2o9a3W sa76
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General Manager as necessary to guarantee payment to District of all charges,
fees, penalties, costs and expenses that may be incurred in the future, before
permission is granted for further discharge to the sewer.
B. Delinquent Accounts
The District may require an amendment to the permit of any permittee who fails
to make payment in full of all fees and charges assessed by the District,
including reconciliation amounts, delinquency penalties, and other costs or fees
incurred by Permittee.
C. Bankruptcy
Every Permittee filing any legal action in any court of competent jurisdiction,
including the United States Bankruptcy Court, for purposes of discharging its
financial debts or obligations*or seeking court -ordered, protection from its
creditors, shall, within ten (10) days of filing such action, apply for and obtain the
issuance of an amendment to its permit.
D. Permit Amendments
The District shall review and examine Permittee's account to determine whether
previously incurred fees and charges have been paid in accordance with time
requirements prescribed by this Ordinance. The District may thereafter issue an
amendment to1he User's permit in accordance with the provisions of Article 3
and Section 621(E) of this Ordinance.
E. Security
An amendment to a waste discharge permit issued pursuant to Sections 621(B),
(C), and (D), may be conditioned upon the Permittee depositing financial
security in an amount equal to the average total fees and charges for two (2)
calendar quarters during the preceding year. Said deposit shall be used to
guarantee payment of all fees and charges incurred for future services and
facilities furnished by District and shall n6-fbe used by the District to recover
outstanding fees and charges incurred prior to the Permittee filing and receiving
protection from creditors in the United States Bankruptcy Court.
F. Return of Security
In the event the Permittee makes payment in full within the time prescribed by
this Ordinance of all fees and charges incurred over a period of two (2) years
following the issuance of an amendment to the permit pursuant to Sections
621(B), (C), and (D), the District shall either return the security deposit posted by
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6407o i 77
the Permittee or credit their account.
622. JUDICIAL REVIEW
A. Purpose and Effect
Pursuant to Section 1094.6 of the California Code of Civil Procedure, the District
hereby enacts this part to limit to ninety (90) days following final decisions- in
adjudicatory administrative hearings the time within which an action can be
brought to review such decisions by means of administrative mandamus.
B. Definitions
As used in this Section, the following terms and words shall have the
following meanings:
Decision shall mean and include adjudicatory administrative
decisions that are made after hearing, or after revoking,
suspending, or denying an application for a permit or a license.
2. Complete Record shall mean and include the transcript, if any
exists, of the proceedings, all pleadings, all notices and orders, any
proposed decision by the General Manager, the final decision, all
admitted exhibits, all rejected exhibits in the possession of the
District or its, offices or agents, all written evidence, and any other
papers in the case.
3. Party shall mean a person whose permit has been denied,
suspended, or revoked.
C. Time Limit for Judicial Review
Judicial review of any decision of the District or its officer or agent may be made
pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for
writ of mandate is filed not later than the ninetieth (90th) day following the date
on which the decision becomes final. If there is no provision for reconsideration
in the procedures governing the proceedings or if the date is not otherwise
specified, the decision is final on the date it is made. If there is provision for
reconsideration, the decision is final upon the expiration of the period during
which such reconsideration can be sought; provided that if reconsideration is
sought pursuant to such provision the decision is final for the purposes of this
Section on the date that reconsideration is rejected.
2090-300
640701 78
D. Preparation of the Record
The complete record of the proceedings shall be prepared by the District officer
or agent who made the decision and shall be delivered to the petitioner within
ninety (90) days after he has filed written request therefor. The District may
recover from the petitioner its actual costs for transcribing or otherwise preparing
the record.
E. Extension
If the petitioner files a request for the record within ten (10) days after the date
the decision becomes final, the time within which a petition, pursuant to Section
1094.5 of the Code of Civil Procedure, may be filed shall be extended to not
later than the thirtieth (30th) day following the date on which the record is either
personally delivered or mailed to the petitioner or the petitioner's attorney of
record, if appropriate.
F. Notice
In making a final decision, the District shall provide notice to the party that the
time within which judicial review must be sought is governed by Section 1094.6
of the Code of Civil Procedure.
G. Administrative Civil Penalties
Notwithstanding the foregoing in Section 622, and pursuant to Government
Code Section 54740.6, judicial review of an order of the Steering Committee
imposing administrative civil penalties pursuant to Section 615.D may be made
only if the petition for writ of mandate is filed not later than the thirtieth (30th) day
following the day on which the order of the Steering Committee becomes final.
ARTICLE 7
SEWER SERVICE CHARGES - CONNECTION CHARGES
701. SANITARY SEWER SERVICE CHARGE
Every parcel of real property located within the District which is improved with
structures designed for residential, commercial, or industrial use, and connected
to the District's system, shall pay a sanitary sewer service charge in an amount
adopted by the Board of Directors by separate Ordinance.
' 2090-300 79
64070_1
702. CAPITAL FACILITIES CONNECTION CHARGE
Every parcel of real property located within the District which is improved with
structures designed for residential, commercial, or industrial use, and connected
to the District's system, shall pay a capital facilities connection charge in an
amount adopted by the Board of Directors by separate Ordinance.
ARTICLE 8
SEVERABILITY
801. SEVERABILITY
If any provision of these Regulations or the application to any or circumstances
is held invalid, the remainder of the regulations or the application of such
provision to other persons or other circumstances.shall not be affected.
802. GENERAL APPLICATION
The provisions of this Ordinance shall apply to all properties within the District
including those properties otherwise deemed exempt from payment of taxes or
assessments by provisions of the State Constitution or statute, including
properties owned by other public agencies or tax-exempt organizations.
Section II: This Ordinance is enacted as an urgency measure to take effect
immediately, in order to preserve the public health and safety, and in order to continue
the provision of sewer services by the newly -formed District. The facts requiring the
public health and safety to be preserved are that the regulation of the discharge of
industrial and sanitary sewage is regulated by federal and state law, and protection of
individuals' health and the environment require that no discharges of untreated
sewage/wastewater are allowed to occur that are not in accord with technical
specifications and requirements.
Section III: This Ordinance shall take effect immediately upon adoption.
Section IV: The Secretary of the Board shall certify to the adoption of this
Ordinance and shall cause a summary to be published in a newspaper of general
circulation as required by law.
2090-300
640701 80
PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the
Board of Directors of the Orange County Sanitation District at a Special Meeting held
July 1, 1998.
Chair, Board of Directors
Orange County Sanitation District
20M3W
U070 1 81
ORDINANCE NO. OCSD —15
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ADOPTING SANITARY
SEWER SERVICE CHARGES; ADOPTING CAPITAL FACILITIES
CONNECTION CHARGES; ESTABLISHING MISCELLANEOUS
CHARGES AND FEES RELATING TO INDUSTRIAL
DISCHARGERS, SOURCE CONTROL PERMITTEES AND
WASTEHAULERS; AND REPEALING ORDINANCES NOS.
OCSD-05, OCSD-06, OCSD-11, AND OCSD-13
WHEREAS, the Board of Directors of the Orange County Sanitation
District ("District") has previously adopted Ordinance No. OCSD-05, as amended
by Ordinance No. OCSD-13, establishing annual Sanitary Sewer Service
Charges for all uses, which Ordinance is presently in full force and effect; and
WHEREAS, the Board of Directors of District has previously adopted
Ordinance No. OCSD-11, establishing Capital Facilities Capacity Charges to be
imposed when properties either newly -connect to the District's system, or expand
the use of the property previously connected to the District; and
WHEREAS, the Board of Directors of District has previously adopted
Ordinance No. OCSD-06, as amended by Ordinance No. OCSD-13, establishing
miscellaneous industrial discharger fees, source control/non-compliance
sampling fees, and wastehauler charges; and
WHEREAS, for purposes of improved efficiency and effectiveness of the
District's operations, it is the intent, by the adoption of this Ordinance, to re-enact
the existing Ordinances that establish fees and charges, into one
comprehensive, master Ordinance.
NOW, THEREFORE, the Board of Directors of the Orange County
Sanitation District does hereby ORDAIN:
ARTICLE I
RECITAL OF FINDINGS
Section 1.01. Findings — Declaration of Intent. The Board of
Directors of District has previously adopted Master Plans, as more particularly
described in Findings B, C, D, and E below, setting forth the financial and
engineering needs of the District, and hereby adopts the following Findings
supporting the amounts of charges and fees adopted pursuant to this Ordinance.
A. That the former County Sanitation Districts Nos. 1, 2, 3, 5, 6,
7. 11, 13 and 14 of Orange County, California (the "Predecessor Districts"), were
nine individual County Sanitation Districts, organized pursuant to the County
Sanitation District Act (California Health & Safety Code Section 4700 et seq.). By
action of the Board of Directors of the Predecessor Districts, pursuant to specific
legislation enacted by the California State Legislature in 1996, an application was
submitted to the Orange County Local Agency Formation Commission to legally
consolidate the nine Predecessor Districts into one single Sanitation District for
all purposes. The application was approved, with an effective date of July 1,
1998. As of July 1, 1998, the Predecessor Districts ceased to exist, and one
single consolidated County Sanitation District, known as the Orange County
Sanitation District, came into existence in place of the Predecessor Districts. The
District was formed to carry on the functions of the Predecessor Districts.
B. That a comprehensive 30-year Master Plan of Capital
Facilities, entitled "Collection, Treatment and Disposal Facilities Master Plan —
1989", hereinafter referred to as the "Master Plan", which includes detailed
financial and engineering reports, was prepared, approved, and adopted by the
Boards of Directors of the Predecessor Districts in 1989, setting forth and
identifying the required future development of District Facilities, including the
financial projections for providing sewer service to all properties within the
individual service areas of each of the nine Predecessor Districts.
C. That the financial and engineering reports of the Master Plan
were made available to the public, both prior to and subsequent to the adoption
of the Master Plan, and were subject to noticed public hearings, all in accordance
with the provisions of California Government Code Section 66016, and other
provisions of law.
D. That the Predecessor Districts, during the years 1997 and
1998, commenced comprehensive planning, engineering, and financial studies to
develop an updated Comprehensive Master Plan of Capital Facilities, which
studies are referred to as the District's "Strategic Plan", which was approved and
adopted by the Resolution No. 99-21 of Board of Directors on October 27, 1999.
E. That the District, in 1997, as part of its Strategic Plan
studies, undertook a comprehensive evaluation and study of its operational and
financial needs for the next 20 years, including a detailed assessment of all types
and categories of users; the demands on the system and capacity needs of the
system to provide necessary service to the multiple categories of users; the total
costs of the existing and future facilities in the system; and alternate
methodologies for establishing fair and equitable charges to connect to and gain
access to the system.
F. That the financial requirements of the District, as shown in
reports prepared by Staff and Consultants relating to the Strategic Plan, are
2
based on current, reliable information and data relating to population projections,
wastewater flow, and capital facilities' needs, and are expected to be realized in
each year as described in the reports.
G. That the revenues derived under the provisions of this
Ordinance will be used for the acquisition, construction, reconstruction,
maintenance, and operation of the sewage collection, wastewater treatment and
disposal facilities of the District; to repay principal and interest on debt
instruments; to repay federal and state loans issued for the construction and
reconstruction of said sewerage facilities, together with costs of administration
and provisions for necessary reserves; and to assist in the payment of costs to
the District to provide all regulatory administration and laboratory services related
to the industrial dischargers, source control permittees; and wastehauler users of
the District's systems.
H. That the owners or occupants of properties upon which all
fees and charges established by this Ordinance are levied, discharge wastewater
to the District's collection, treatment and disposal facilities. The costs of
operating and maintaining said facilities have constantly increased due in part to
increased regulatory requirements to upgrade the treatment process.
I. That the need for upgraded and improved treatment of all
wastewater collection, treatment and disposal facilities is required to protect the
public health and safety, and to preserve the environment without damage.
J. That the Sanitary Sewer Service Charges established and
levied by this Ordinance are to allow the District to recover the reasonable costs
to provide a service to individual parcels of real property which have been
improved for any of numerous types of uses. The basis for the respective charge
is the request of the owner of a parcel, for the benefit of him/her/itself, or the
occupants of the property, to receive a service based upon actual use,
consumption, and disposal of water to the District's system in lieu of disposal by
other means.
K. That the Sanitary Sewer Service Charges established by this
Ordinance are not imposed as a condition of approval of a development project,
as defined in California Government Code Section 66001, and do not exceed the
estimated reasonable cost to provide the sewer service for which the fee is
levied, as provided in Government Code Sections 66013 and 66016 and
California Constitution Article XIIID. Said fees are not new and are not an
increase over any fees presently in effect.
L. That the Sanitary Sewer Service Charges adopted herein
will not necessarily result in an expansion of facilities to provide for growth
outside the existing service area. The adoption of these Sanitary Sewer Service
3
Charges will not result in any specific project, nor result in a direct physical
change in the environment.
M. That the Sanitary Sewer Service Charges adopted herein
are established upon a rational basis between the fees charged each customer
and the service and facilities provided to each new customer to the District, a
portion of which are necessary to replace the loss of ad valorem property taxes
to the State General Fund as a result of state legislative action on September 2,
1992, and in subsequent years.
N. That the Board of Directors has previously, by duly adopted
Ordinances, commencing in 1969, and most recently by Ordinance No. OCSD-
11, established Capital Facilities Connection Charges, formerly known commonly
as "connection charges" or "fees", to be paid by all persons obtaining a permit to
connect to the District's system. Said Charges are required as a financial
payment to have access to and use of the District's wastewater collection,
treatment and disposal facilities in existence at the time of connecting to the
system, and for future facilities to be constructed.
O. That the District's previous and present Capital Facilities
Connection Charges Ordinances, include[d] authority for the District to levy an
excess or supplemental capacity charge upon commercial and industrial users
who discharge quantities or high strength wastewater greater than the
established base line of authorized discharge.
P. That the Capital Facilities Connection Charges re-enacted
by this Ordinance are non-discriminatory, as applied to all users of the system,
and are established upon a rational basis between the fees charged each
category of property that is connecting, and the service and facilities provided to
each connected property by the District.
Q. That the miscellaneous charges and fees re-enacted by this
Ordinance are established upon a rational basis between the fees charged to
each industrial discharger, source control permittee, or wastehauler and the
service and facilities provided to each.
R. That the District is required by federal and state law,
including the Federal Water Pollution Control Act, also known as the Federal
Clean Water Act (33 U.S.C. 1251, et seq.), the General Pretreatment
Regulations (40 C.F.R. 403), and the Porter -Cologne Water Quality Control Act
(California Water Code Sections 13000 et seq.) to implement and enforce a
program for the regulation of wastewater discharges to the District's sewers.
S. That the District is required by federal, state and local law, to
meet applicable standards of treatment plant effluent quality.
4
T. That pursuant to these requirements, the Board of Directors
has adopted Ordinance No. OCSD-01, as amended, Establishing Wastewater
Discharge Regulations.
U. That the District incurs additional costs in conducting non-
compliance sampling of those industrial wastewater dischargers who violate the
District's Wastewater Discharge Regulations and in administering the industrial,
wastehauler, and special discharge permit programs.
V. That Ordinance No OCSD-01, as amended, Establishing
Wastewater Discharge Regulations, provides that the Board of Directors is to
establish various fees and charges to recover those costs to the District which
are made necessary by industrial dischargers and wastehaulers who violate the
District's Wastewater Discharge Regulations.
W. That the industrial discharger, source control, and
wastehauler fees and charges hereby established by this Ordinance do not
exceed the estimated reasonable costs to the District of industrial discharger,
source control, or wastehauler use of the District's facilities and for the
administration and implementation of permit and fee processing, non-compliance
sampling, and related services associated with the District's Source Control
Program.
X. That all fees and charges established herein have been
approved by the District's Board of Directors at a public meeting, all in
accordance with applicable provisions of law.
Y. That the adoption of this Ordinance is statutorily exempt
under the California Environmental Quality Act pursuant to the provisions of
Public Resources Code Section 21080(b)(8) and California Code of Regulations
Section 15273(a).
Z. That each of the Findings set forth in Ordinances Nos.
OCSD-05, OCSD-06, OCSDA 1, and OCSDA3 are reaffirmed and readopted
hereat, except to the extent that they have been superseded or otherwise
amended by specific Findings herein.
ARTICLE II
SANITARY SEWER SERVICE CHARGES
Section 2.01. Purpose and Scope. The purpose of this Ordinance
is to establish Sanitary Sewer Service Charges required to be paid by property
owners for the services and facilities furnished by the District in connection with
its sanitation treatment, works and sewage collection system. Revenues derived
under the provisions of this Ordinance shall be used for the acquisition,
construction, reconstruction, maintenance, and operation of the wastewater
collection, treatment and disposal facilities of the District; to repay principal and
interest on debt instruments; or to repay federal and state loans issued for the
construction and reconstruction of said sewerage facilities, together with costs of
administration and provisions for necessary reserves.
Section 2.02. Annual Sanitary Sewer Service Charge.
Commencing with the effective date of this Ordinance, the owner of each parcel
of real property located within the District which is improved with structures
designed for residential, commercial, or industrial use and which, at the request
of the owner or the owner's predecessor -in -interest, is connected to the District's
system, shall pay an annual Sanitary Sewer Service Charge based on the
respective class of users, in the sum or sums, as set forth in Tables A and B of
this Ordinance, both attached hereto and incorporated herein by reference. The
annual Sanitary Sewer Service Charges for residential users are set forth in
Table A. The annual Sanitary Sewer Service Charges for commercial or
industrial users are dependent upon the respective classifications of property
use, determined by reference to Table B; the applicable percentage figure shown
on Table B with respect to the particular use classification is multiplied by the
applicable single family residential rate shown in Table A, to arrive at the annual
Sanitary Sewer Service Charge for the commercial or industrial user. Table A
establishes separate rates with respect to each of the nine Revenue Areas, with
the exception of Revenue Area No. 14, as to which costs are paid by the Irvine
Ranch Water District.
Section 2.03. A. Exemptions. It is the intent of the District that
the legal owner(s) of parcels of real property, otherwise subject to the levy and
payment of the Sanitary Sewer Service Charges, as prescribed herein, be
relieved, in whole or in part, from the payment of said charges, in certain
circumstances and under conditions prescribed herein, and be entitled to either a
rebate or a refund with respect to charges paid, as more specifically set forth in
Subparagraphs 2.03E and 2.03C below, provided an inequity is established or a
billing error is proven, as specified in Subparagraphs B or C.
B. Application for Rebate. Any property owner
may apply to the District for a rebate of Sanitary Sewer Service Charges paid to
the District by establishing that an unfair valuation of the property has been made
by the District. An applicant for a rebate must establish, by proof satisfactory to
the General Manager of the District, or his designee, that an inequity exists
between the amount of the charge paid and the amount of wastewater
discharged to the District's system, resulting in an unfair valuation. Satisfactory
proof shall establish that either:
horticultural; or
(1) The principal water use is agricultural or
0
(2) The property is devoted to any other use
wherein the amount of wastewater discharged to the District's system is
significantly less on a regular basis than the amount that would normally be
expected to be discharged by the class of property in question.
Satisfactory proof shall include, but not be limited to, documentation
showing actual water usage for each billing cycle during the entire period for
which the rebate is sought.
The amount of any rebate shall not reduce the charge payable by any
property owner, whose property is connected to the District's system, to less than
the single family residential charge shown on the applicable Table attached
hereto.
C. Application for Refund. Any property owner may
apply to the District for a refund of Sanitary Sewer Service Charges paid to the
District by establishing that the amount paid was pursuant to an error in the
amount billed or the amount paid. The applicant for a refund must submit proof
satisfactory to the General Manager of the District, or his designee, that a billing
error has been made by the District, or the County Tax Collector. Such proof
shall include, but not be limited to, proof that:
(1) The owner's parcel of property is not
connected to the District's system; or
(2) The property has not been classified in the
proper land use category; or
(3) A clerical error has been made.
D. Limitations Period. Applications for rebates and
refunds shall be deemed to be governed by the provisions of California Revenue
& Taxation Code Sections 5096 and 5097, allowing for refunds for a period of
four (4) years from the date of payment of the second installment of the bill
claimed to be either inequitable or incorrect.
E. Determination. All applications for rebates or refunds
of the Sanitary Sewer Service Charge will be determined by the General
Manager of the District, or his designee, who, based on the submitted proof, may
grant a full or partial rebate or refund.
F. Administrative Fee. At the time of filing the
application for rebate or refund, the property owner shall pay District an
administrative fee for the processing of such application. The amount of the fee
shall be equal to the total of all fees and charges imposed on the District by any
7
other public entity, such as the Orange County Tax Collector, the Orange County
Auditor, or the Orange County Recorder, in connection with the rebate or refund.
Section 2.04. Annual Charge Based on Fiscal Year. The Sanitary
Sewer Service Charges established by this Ordinance shall be effective as of
July 1 of each year, as set forth in Tables A and B, attached hereto, for the
District's fiscal year, and shall remain in effect until such time as the rates
adopted herein are changed by District Ordinance. There shall be no proration of
such charges in any fiscal year.
Section 2.05. Method of Collection.
A. Pursuant to the authority granted by California Health &
Safety Code Section 5473, and except as otherwise provided in Subparagraph
2.056 below, all sanitary sewer service charges established herein shall be
collected on the County Tax Roll in the same manner, by the same persons, and
at the same time as, together with, and not separately from, its general taxes.
The County Tax Collector is authorized and hereby ordered to make said
collections in accordance with the terms and conditions of agreements between
the County of Orange and the District.
B. In the event District determines that, due to billing or
payment error, or to inequity in the amount billed, a property owner has
underpaid annual Sanitary Sewer Service Charges payable to District, District,
within four (4) years after the date of mailing of the tax bill, may:
(1) collect the amount of any deficiency directly on the
County Tax Roll;
(2) off -set the amount of any deficiency against any
amounts that District determines is owing, by District, to the property owner, as a
rebate or refund under this Ordinance; or
(3) submit, directly to the property owner, a bill for the
amount of any deficiency, which shall be due and payable within thirty (30) days
of the invoice date and which, if not paid, shall become a lien on said property.
Section 2.06. Credit for Industrial Permittees. A credit shall be
allowed to all dischargers permitted pursuant to Article 3 of District Ordinance
No. OCSD-01, as amended, in an amount equal to the annual Sanitary Sewer
Service Charge established by Section 2.02 of this Ordinance, in the same
manner as credit is allowed for ad valorem taxes pursuant to Sections 302.6(B),
and 303.6(B) of District Ordinance No. OCSD-01, as amended.
N
TABLE A
ANNUAL SEWER SERVICE CHARGES
FOR RESIDENTIAL USERS
Single Family Residential Rates
1998-99 1999-2000 2000-01 2001-02
Adopted SFR Adopted SFR Adopted SFR Adopted SFR
Revenue Area No. 1
$ 96.41
$110.04
$78.00
$80.00
Revenue Area No. 2
$ 74.00
$ 77.00
$78.00
$80.00
Revenue Area No. 3
$ 75.50
$ 77.00
$78.00
$80.00
Revenue Area No. 5
$ 84.50
$ 96.75
$78.00
$80.00
Revenue Area No. 6
$ 79.00
$ 82.00
$78.00
$80.00
Revenue Area No. 7
$ 60.00
$ 66.00
$73.00
$80.00
Revenue Area No. 11
$ 80.00
$ 90.00
$78.00
$80.00
Revenue Area No. 13
$100.00
$100.00
$78.00
$80.00
Revenue Area No. 14
All Revenue Area No. 14 Costs Are Paid
Directly by the
Irvine Ranch
Water District
Multi -Family Residential Rates Per Unit
1998-99 1999-2000 2000-01 2001-02
Adopted MFR Adopted MFR Adopted MFR Adopted MFR
Revenue Area No. 1
$67.49
$77.03
$54.60
$56.00
Revenue Area No. 2
$51.80
$53.90
$54.60
$56.00
Revenue Area No. 3
$52.85
$53.90
$54.60
$56.00
Revenue Area No. 5
$59.15
$67.73
$54.60
$56.00
Revenue Area No. 6
$55.30
$57.40
$54.60
$56.00
Revenue Area No. 7
$42.00
$46.20
$51.10
$56.00
Revenue Area No. 11
$56.00
$63.00
$54.60
$56.00
Revenue Area No. 13
$70.00
$70.00
$54.60
$56.00
Revenue Area No. 14
All Revenue
Area No. 14 Costs
Are Paid
Directly by the
Irvine Ranch Water District
9
TABLE B
ANNUAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
Percentage of SFR
Assessor Use Code
Description
Per 1,000 SF or Unit
1
Vacant Land Parcel
0%
5
Common Area Parcel
0%
6
"Hold" Parcel
0%
8
Equivalent to Vacant
0%
121
Parcel of Minimal or No Value
0%
122
Subsurface Parcels
0%
124
Oil/Mineral Rights
0%
125
Mineral Rights Equipment
0%
126
Vacant Comm. Area -IMP Alloc.
0%
201
Homeowners Exemption Add'I.
0%
666
Unassigned Vacant
0%
777
Septic Tank Property
0%
112
Steel Building
7%
113
Mini -Warehouse
7%
58
Nurseries (Plants)
10%
100
Drive -In Theater
10%
44
Lumber/Constr. Material Yard
17%
71
Parking Garage
17%
72
Paved Parking Lot
17%
110
Warehouse — Single Tenant
17%
111
Warehouse — Multi Tenant
17%
115
Recreational Vehicle Storage
17%
116
Truck Terminal
17%
33
Church Buildings
20%
94
Department Store
23%
95
Discount Store
23%
96
Unattached Single Store
23%
97
Strip Store
23%
74
Recreational Vehicle Park
27%
36
Financial Buildings
27%
40
Health Club
29%
68
High Rise Office
30%
21
Automobile Dealership
41 %
22
Auto Repair Shop
41 %
23
Automotive Service
41 %
24
Used Car Lot
41 %
39
Golf Course
41 %
57
Motorcycle/Small Vehicle Building
41 %
83
Automotive Service Station
41 %
10
TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
Assessor Use Code Description
Percentage of SFR
Per 1,000 SF or Unit
84
Marine Service Station
41 %
86
Combin.-Service Station/Convenience
41 %
65
Single Office Bldgs. to 3 Stories
41 %
66
Small Office Center
41 %
67
Office Complex
41 %
69
Converted Residence to Office
41 %
7
Mobile Home
50%
55
Mobile Home Park
50%
107
Light Industrial — Single Tenant
50%
108
Light Industrial — Multi Tenant
50%
109
Research and Development
50%
114
Industrial Park
50%
37
Fraternal Buildings
51 %
101
Unattached Theater
51 %
26
Airport and Related Buildings
53%
45
Marinas
53%
88
Low Flow Shopping Center
53%
3
Two or More Residences
70%
10
Duplex Only
70%
11
Triplex Only
70%
12
04-Units Only
70%
13
5 to 16 Units
70%
14
17 to 25 Units
70%
15
26 to 40 Units Only
` 0%
16
41-99 Units Only
70%
17�
100 or More Units
70%
18
Developed with a Mix of Forms
70%
63
Low Rise Retirement Building
70%
64
High Rise Retirement Building
70%
81
Pre -Schools, Nursery or Care
82%
82
Private Schools
82%
98
Store with Offices or Living Quarter
82%
99
Store with Office Upstairs
82%
118
Governmental Use Vacant/Develop.
82%
19
SFR with 1or 2 rental units
85%
34
Dormitory
97%
42
Hospital
97%
43
Hotel
97%
56
Motels and Motor Hotels
97%
11
Percentage of SFR
Assessor Use Code
0
2
4
85
103
104
105
106
119
120
888
32
38
60
61
62
28
92
50
51
52
53
54
89
20
35
73
30
47
48
90
76
77
78
79
29
TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
Description Per 1,000 SF or Unit
Conversion-C/1, Rural PC
100%
One Residence
100%
Miscellaneous Improvement
100%
Comb. Serv. Stn./Restaurant
100%
Chemical Tank and Bulk Storage
100%
Food Processing Plant
100%
Cold Storage Plant
100%
Factory
100%
Public Utility
100%
Water Mutual or Company
100%
Conversion -Composite Prop.
100%
Cemetery & Related Buildings
101 %
Funeral Home
101 %
Nursing Home
102%
Convalescent Hospitals
102%
Converted Res. Used as Nursing
102%
Bowling Alleys
112%
Skating Rinks
112%
Single Medical Bldgs. to 3 Stories
124%
Small Medical Center
124%
Medical Center Complex
124%
High Rise Medical
124%
Converted Residence to Medical
124%
Average Flow Shopping Center
139%
Amusement Parks
144%
Entertainment Center
144%
Recreation
144%
Coin Operated Car Wash
151 %
Supermarket
151 %
Convenience Market
151 %
High Flow Shopping Center
226%
Restaurant — Take Out
300%
Restaurant — Coffee Shop
600%
Restaurant — Dinner House
600%
Restaurant — Conversion from SF
600%
Conventional Car Wash
796%
NOTE: Multiply the applicable percentage figure by the Table A Single Family
Residential Rate for the applicable Revenue Area, in order to determine the
rate per 1,000 square feet for the commercial or industrial user.
12
ARTICLE III
CAPITAL FACILITIES CONNECTION CHARGES
Section 3.01. Purpose and Scope. The purpose of this Ordinance
is to impose Capital Facilities Capacity Charges when properties, either newly -
connect to the District's system, or expand the use of the property previously
connected to the District. Revenues derived under the provisions of this
Ordinance will be used for the acquisition, construction, reconstruction,
maintenance, and operation of the wastewater collection, treatment and disposal
facilities of the District; to repay principal and interest on debt instruments; or to
repay federal or state loans for the construction and reconstruction of said
sewerage facilities, together with costs of administration and provisions for
necessary reserves.
Section 3.02. Definitions.
A. "Actual construction costs" include the cost of all activities
necessary or incidental to the construction of a District facility, such as financing,
planning, designing, acquisition of the property or interests in the property,
construction, reconstruction, rehabilitation, and repair.
B. "Capital Facilities Capacity Charge" means a one-time, non-
discriminatory charge imposed at the time a property is connected to the
District's system, directly or indirectly, or an existing structure or category of use
is expanded or increased. Said charge is to pay for District facilities in existence
at the time the charge is imposed, or to pay for new facilities to be constructed in
the future, that are of benefit to the property being charged. The Supplemental
Capital Facilities Connection Charge, as provided for in Sections 3.07, 3.08, and
3.09 of this Ordinance, is an annual charge payable to the District on a quarterly
or annual basis, as determined by the District.
C. "Connection fee" means a fee equal to the cost necessary to
physically connect a property to the District's system, including but not limited to,
installation of meters, meter boxes, pipelines, and appurtenances to make the
connection and which fee does not exceed the actual cost of labor, materials,
and overhead for the installation of those facilities.
D. "Non-discriminatory" means that the Capital Facilities
Capacity Charge does not exceed an amount determined on the basis of the
same objective criteria and methodology applicable to comparable public or non-
public users, and is not in excess of the proportionate share of the cost of the
District's facilities of benefit to the person or property being charged, based upon
the proportionate share of use of those facilities.
13
E. "Public agency" means the United States or any of its
agencies, the State or any of its agencies, the Regents of the University of
California, a county, city, district, school district, local or regional public authority,
or any other political entity, subdivision or public corporation of the State.
Section 3.03. Connection Permits: Required.
A. Connection permits are required of all dwelling units,
buildings, and structures connecting directly or indirectly to the District's
sewerage system facilities. Included are the connections of laterals to local
municipal sewerage facilities, and the connection of local municipal sewerage
facilities and laterals to the District's facilities.
B. Except as authorized by the issuance of a Special Purpose
Discharge Permit under Sections 305 — 305.6 of Ordinance No. OCSD-01, or as
amended, or as authorized pursuant to a special extra territorial service
agreement approved by the Board of Directors, no permit shall be valid unless
the real property to be served by use of the permit is included within the
boundaries of the District and within the boundaries of a local sewering agency
authorized to maintain public sewering facilities. However, a permit, as
authorized above, may be issued for property to be served outside the
boundaries of a local sewering agency if a local sewering agency makes
application for the issuance of such permit.
There will be a non-discriminatory Capital Facilities Capacity Charge
assessed to public agencies for connecting directly or indirectly to the District's
sewerage system facilities, and a connection permit must be obtained.
Section 3.04. Capital Facilities Capacity Charge: Payment
Required. No application for a permit for a connection to a District sewerage
facility, or to any sewerage facility which discharges into a District sewerage
facility, shall be approved, nor a permit issued, until a District Capital Facilities
Capacity Charge is paid by the applicant. No connection permit shall be issued
unless there is an established category of use of the property to be served or a
valid building permit issued which establishes the category of use of said
property.
Section 3.05. Capital Facilities Capacity Charge: Time of Payment.
A. Payment of the Capital Facilities Capacity Charge
established by this Ordinance for connection to the District's sewerage system
facilities shall be required at the time of issuance of the building permit for all
construction within the District, excepting in the case of a building legally exempt
from the requirement of obtaining a permit. The payment of the Capital Facilities
Capacity Charge for such exempt buildings will be required at the time of and
prior to the issuing of a plumbing connection permit for any construction within
14
the territorial limits of the District., or if none, prior to the issuance of a Certificate
of Occupancy.
B. Upon application of any property owner seeking to connect
to the District's system, the Board of Directors of District, in its sole and absolute
discretion and upon a finding of compelling need, may, pursuant to the authority
of California Health & Safety Code Section 5474, approve of an agreement with
the property owner for the payment of the applicable connection charge in
installments over a period of not to exceed five (5) years, bearing an interest rate
on the unpaid balance of not to exceed ten (10%) percent per annum, and that
the charges and interest shall constitute a lien on the property.
Section 3.06. Capital Facilities Capacity Charge: Schedule of
Amounts. Every person or entity newly -connecting any building or structure to
the District's system facilities shall pay a Capital Facilities Capacity Charge in the
amount for the applicable category of use set forth on Table C, attached hereto
and incorporated herein by reference.
Section 3.07. Supplemental Capital Facilities Capacity Charge:
Significant Commercial — Industrial Users — Definitions.
A. A Significant Commercial — Industrial User ("SCIU") is any
person or entity who discharges commercial or industrial process flow, but
excluding domestic sewage flow, in an amount greater than 25,000 gallons per
day ("gpd"), or Biochemical Oxygen Demand ("BOD") greater than 150 pounds
per day, or Suspended Solids ("SS") greater than 150 pounds per day, or who is
required to obtain a Waste Discharge Permit, as prescribed by Ordinance No.
OCSD-01, as amended, Article 3, due to having federally or District regulated or
significant discharges.
B. An Existing SCIU is any SCIU discharger connected and
discharging to the District's system prior to January 1, 2000.
C. A New SCIU is any discharger who connects and discharges
to the District's system pursuant to a Waste Discharge Permit issued on or after
January 1, 2000; or if previously connected and not an SCIU, as defined in
Subparagraph 3.07A above, but, subsequent to January 1, 2000, increases flow,
or BOD, or SS to a level as to constitute an SCIU.
D. The maximum discharge allowed to a user, for which a base
Capital Facilities Capacity Charge is paid, as per Table C, attached hereto, is
25,000 gallons per day ("gpd"), or 150 pounds each of BOD and SS (the "base
use"). Discharge of flow, or BOD, or SS in amounts greater than allowed by this
Subparagraph 3.07D shall be subject to the provisions of Sections 3.08 and 3.09
hereof.
15
E. Each Existing SCIU shall have a baseline of allowed
discharge of flow, and BOD, and SS established by the District as of January 1,
2000. The baseline shall be based upon the discharge for Fiscal Year 1998-99,
or upon such other discharge data which the District determines is representative
of the user's actual annual discharge to the sewerage system. Dischargers who
are deemed to be SCIU's solely because of the requirements to obtain a Waste
Discharge Permit, pursuant to Section 3.07A above, shall have a minimum
baseline established as follows: Flow — 25,000 gallons per day; BOD — 150
pounds per day; and SS —150 pounds per day. The SCIU shall be authorized to
discharge flow, and BOD, and SS up to the baseline amounts without payment of
a Supplemental Capital Facilities Capacity Charge.
F. The Supplemental Capital Facilities Capacity Charge, as
prescribed by Sections 3.08 and 3.0 below, shall be payable commencing with
the effective date of this Ordinance.
G. Within two (2) years from the date of the District's written
notice to the SCIU of its baseline amounts, the SCIU shall have a right to appeal
the District's established baseline for the SCIU. The appeal shall be to the
General Manager, or his designated representative, who shall have discretion,
based upon extraordinary circumstances, wherein the established baseline is not
representative of the historical average daily discharge by the SCIU for a yearly
period, to modify the baseline amounts for the current year, or on a permanent
basis, subject to terms and conditions as prescribed by the General Manager.
The decision of the General Manager shall be final.
Section 3.08. Supplemental Capital Facilities Capacity Charge: New
Significant Commercial — Industrial Users. In addition to the base Capital
Facilities Capacity Charge, as prescribed in Table C, attached hereto, for
commercial — industrial use category properties, all New SCIU's shall pay a
Supplemental Capital Facilities Capacity Charge for each gallon of flow, or pound
of BOD, or SS, exceeding the base use discharge maximums, in the following
amounts:
Daily Charge
Flow Gallons Per Day
$0.00057
BOD Pounds Per Day
$0.14461
SS Pounds Per Day
$0.16025
Section 3.09. Supplemental Capital Facilities Capacity Charge:
Existing Significant Commercial — Industrial Users.
A. All Existing Significant Commercial — Industrial Users
connected to and discharging to the District's system shall be required to pay a
Supplemental Capital Facilities Capacity Charge upon the occurrence of either (i)
16
an increase of discharge flow of 25,000 gallons per day ("gpd"), or 25% per day
over its established baseline authorization, whichever is lesser; or (ii) an increase
of either BOD or SS discharge of 150 pounds each per day, or 25% each per
day, whichever is lesser, over its established baseline authorization.
B. The Supplemental Capital Facilities Capacity Charge shall
be in the following amounts for each component that is increased as provided in
Section 3.09A above:
Daily Charge
Flow Gallons Per Day
$0.00057
BOD Pounds Per Day
$0.14461
SS Pounds Per Day
$0.16025
C. The Supplemental Capital Facilities Capacity Charge shall
be calculated on the basis of the average daily quantity of discharge in excess of
the User's baseline. The daily averages will be based on the daily discharges for
a year, utilizing discharge records and reports of the District.
Section 3.10. Capital Facilities Capacity Charge: Replacement
Structures. For new construction replacing former structures, the Capital
Facilities Capacity Charge shall be calculated and paid to the District on the rate
basis of the category of the new use and the amounts as set forth in Table C,
attached hereto, less a credit amount, up to the amount of the new Capital
Facilities Capacity Charge, equal to a charge, as prescribed in Table C that
would be for the prior category of use which was terminated and removed.
Section 3.11. Capital Facilities Capacity Charae: Remodeled
Structures. In the case of existing structures connected to the District's system
facilities, to which new construction or alteration is made to change or increase
the category of use, a Capital Facilities Capacity Charge shall be calculated and
paid to the District on the rate basis of the category of the new use and the
amounts as set forth in Table C, attached hereto, less a credit amount, up to the
amount of the new Capital Facilities Capacity Charge, equal to a charge, as
prescribed in Table C for the prior category of use.
Section 3.12. Payment of Capital Facilities Capacity Charge: Off -
Site Sewers Not Part of Master Plan Relative to Reimbursement Aareements. A
charge for connection to off -site sewers which are not included as part of the
District Master Plan and for which a Non -Master Plan Reimbursement
Agreement has been entered into between the District and the property owner,
shall be paid in the amount provided for in said Agreement, to be known as a
Non -Master Plan Capital Facilities Capacity Charge. The amount set forth in
said Agreement shall be the amount due, whether the original Agreement is still
in force, has been extended, or has expired. The Non -Master Plan Capital
I
Facilities Capacity Charge shall be in addition to the other Capital Facilities
Capacity Charges provided for in Sections 3.06 through 3.09 hereinabove,
established for property connecting to said facilities.
Section 3.13. No Refund or Transfer. A Capital Facilities Capacity
Charge is paid for the connection of a specific building or structure on a parcel of
property. No refund of any charge shall be made because of non-use or change
of use, or any other reason. The connection permit is non -transferable to any
other parcel of property.
Section 3.14. Baseline Transferability. The baseline of allowed
discharge of flow, BOD and SS used to calculate a Supplemental Capital
Facilities Capacity Charge shall not be transferable, nor shall a credit for such
previously existing baseline be provided to another SCIU concurrently or
subsequently occupying the same property. Each such SCIU shall pay
Supplemental Capital Facilities Capacity Charges in accordance with Section
3.08 above.
TABLE C
CAPITAL FACILITIES CAPACITY CHARGES
Use Category
Commercial — Industrial
Low Demand
Average Demand
High Demand
Single Family Residential
5+ Bedrooms
4 Bedrooms
3 Bedrooms
2 Bedrooms
1 Bedroom
Multi -Family Residential
4+ Bedrooms
3 Bedrooms
2 Bedrooms
1 Bedroom
Studio
Rate Basis Base Charge
Per 1,000 square feet'
Per 1,000 square feet $ 110.00'
Per 1,000 square feet $ 675.00'
Per 1,000 square feet $1,600.00' 2
Per Unit
Per Unit
$2,530.00
' Per Unit
$2,165.00
Per Unit
$1,820.00
Per Unit
$1,475.00
Per Unit
$1,130.00
Per Unit
Per Unit
$1,965.00
Per Unit
$1,620.00
Per Unit
$1,275.00
Per Unit
$ 910.00
Per Unit
$ 580.00
'Provided that the minimum Capital Facilities Capacity Charge for such new
construction shall be $1,820.00; and all calculations shall be on a per square foot
basis.
M
2The Base Capital Facilities Capacity Charge is established at $1,600.00 per
1,000 square feet, but shall be incrementally increased from the present amount
at five (5) levels, and five (5) time periods as follows:
Effective September 1, 1999
Effective January 1, 2000
Effective July 1, 2000
Effective January 1, 2001
Effective July 1, 2001
$ 675.00 per 1,000 sq. ft.
$ 900.00 per 1,000 sq. ft.
$1,130.00 per 1,000 sq. ft.
$1,360.00 per 1,000 sq. ft.
$1,600.00 per 1,000 sq. ft.
A schedule of the Capital Facilities Capacity Charges specified herein will be on
file in the Office of the Board Secretary of the District, and in the Building
Department of each City within the District.
*Low Demand connections are the following categories of Users: Nurseries;
Warehouses; Parking Structures; RV Storage; Churches; Truck Terminals; RV
Parks; Lumber/Construction Yards; and other dischargers whose flow is similar in
volume to these listed categories.
**High Demand connections are the following categories of users: Restaurants,
Supermarkets; Car Washes; Coin Laundries; Amusement Parks; Shopping
Centers with Restaurants; Food Processing Facilities; Textile Manufacturers; and
other dischargers whose flow is similar in volume to these listed categories.
***All other connections are Average demand users.
19
ARTICLE IV
MISCELLANEOUS CHARGES AND FEES RELATING
TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL
PERMITTEES AND WASTEHAULERS
Section 4.01. Purpose and Scope. The purpose of this Ordinance
is to recover those costs incurred by the District (i) on account of industrial
dischargers' and wastehaulers' use of the District's facilities; (ii) when
administering the District's Source Control Program; and (iii) when performing
non-compliance sampling of industrial wastewater dischargers who have violated
the District's Wastewater Discharge Regulations or the terms and conditions of
the discharger's permit. Revenues derived under the provisions of this
Ordinance shall be used to defray the costs incurred by the District (i) on account
of such use of the District's facilities; and (ii) in performing these tasks.
Section 4.02. Administrative Fees and Charges Relating to
Permittees. Administrative fees and charges relating to permittees are hereby
established in the sum or sums as set forth in Table D, attached hereto and
incorporated herein by reference.
Section 4.03. Industrial Discharger, Source Control, and Non -
Compliance Sampling Fees. Industrial discharger, source control, and non-
compliance sampling fees are hereby established in the sum or sums as set forth
in Table E, attached hereto and incorporated herein by reference.
Section 4.04. Special Purpose Discharge Permittees; Charges for
Use. As authorized by Sections 305.5 and 305.6 of the District's Wastewater
Discharge Regulations adopted by Ordinance No. OCSD-01, as amended,
charges for use are hereby established for Special Purpose Discharge
Permittees, as set forth in Table F, attached hereto and incorporated herein by
reference.
Section 4.05. Class I and Class II Permittees — Charges for Use.
As authorized by Sections 302.3, 302.6, 303.3 and 303.6 of the District's
Wastewater Discharge Regulations adopted by Ordinance No. OCSD-01, as
amended, the charges for use are hereby established for Class I and Class II
Permittees as set forth in Table F, attached hereto and incorporated herein by
reference.
Section 4.06. Wastehauler Charges for Use. As authorized by
Sections 306.3 and 306.7 of the District's Wastewater Discharge Regulations
adopted by Ordinance No. OCSD-01, as amended, the charges for use are
hereby established for wastehaulers as set forth in Table G, attached hereto and
incorporated herein by reference.
20
Section 4.07. Administrative Appeals.
A. Any user, permit applicant, or permittee affected by any
decision, action, or determination by the District may, within forty-five (45) days of
the date of mailing by the District of the initial invoice for fees imposed pursuant
to this Ordinance, request that the District reconsider imposition of such fees.
Following review of such a request, the District shall notify the user, permit
applicant, or permittee by certified mail of the District's decision on the
reconsideration request.
B. Any user, permit applicant, or permittee adversely affected
by the District's decision on the reconsideration request, may file an appeal in
accordance with Sections 617 and 619 of the District's Wastewater Discharge
Regulations Ordinance No. OCSD-01, as amended.
TABLE D
ADMINISTRATIVE FEES AND CHARGES
RELATING TO PERMITTEES
Permit Fees
Charges
A.
Class I Wastewater Discharge Permit
$335.00/year
-. B.
Class II Wastewater Discharge Permit
$70.00/year
C.
Special Purpose Discharge Permit
$250.00/year
D.
Special Purpose Discharge Permit -
One -Time Application
$975.00/permit
E.
Wastehauler Discharge Permit
$75.00/year
Wastehauler Fees
Charges
F.
Permit Decal Initial Issue
$25.00
G.
Permit Decal Replacement
$50.00
H.
Entry Card Initial Issue
$50.00
I.
Entry Card Replacement
$100.00
J.
After Hours Discharge — Prearranged
$85.00/event
K.
After Hours Discharge — Emergency
$100.00/event
21
TABLED (CONTINUED)
ADMINISTRATIVE FEES AND CHARGES
RELATING TO PERMITTEES
Administrative/Processing Fees:
L. District's Collection of Tax Data
M. District's Collection of Water Consumption Data
N. Appeal Hearing Filing Fee
22
Charges
$100.00/permit
$100.00/permit
$400/appeal
TABLE E
INDUSTRIAL DISCHARGER, SOURCE CONTROL
AND NON-COMPLIANCE SAMPLING FEES
Charge
Cost of Processing and Sampling
Following a Minor Violation $225.00/event
Cost of Processing and Sampling
Following a Major Violation $500.00/event
Cost of Analysis Charge
Heavy Metals:
$35.00/each
- Aluminum
- Antimony'
- Arsenic
- Cadmium
- Chromium
- Copper
- Gold
- Lead
- Molybdenum
- Nickel
- Palladrum
- Platinum
- Selenium
- Silver
- Thallium ,
- Zinc
Mercury
$78.00
601 /602
$152.00
604
$223.00
606
$254.00
608
$523.00
610
$73.00
612
$200.00
624
$355.00
625
$661.00
Ammonia Analysis as Nitrogen
$21.00
Biochemical Oxygen Demand ("BOD")
$44.00
BOD and Suspended Solids ("SS") Analysis
$67.00
Chemical Oxygen Demand
$44.00
Conductivity
$15.00
23
TABLE E (CONTINUED)
INDUSTRIAL DISCHARGER, SOURCE CONTROL
AND NON-COMPLIANCE SAMPLING FEES
Cyanide (Amenable)
Dissolved Mineral Solids
Gamma Radiation Determination
Gross Alpha and Beta Determination
Tritium Determination
Grease and Oil (Hexane Soluble Matter)
Grease and Oil (Mineral Partition)
Total Organic Nitrogen
pH
Fluoride
Suspended Solids (Total)
Suspended Solids (Total and Volatile)
Total Dissolved Solids
Total Sulfides
24
Charge
$70.00
$15.00
$115.00
$50.00
$50.00
$74.00
$74.00
$48.00
$8.00
$51.00
$23.00
$44.00
$14.00
$29.00
TABLE F
CLASS 1 AND CLASS II PERMITTEES AND
SPECIAL PURPOSE DISCHARGE PERMITTEES
CHARGES FOR USE
Revenue Area
Flow (*) S.S. (**)
B.O.D.(***)
Revenue Area No. 1
$224.94 185.07
177.07
Revenue Area No. 2
$224.94 185.07
177.07
Revenue Area No. 3
$224.94 185.07
177.07
Revenue Area No. 5
$224.94 185.07
177.07
Revenue Area No. 6
$224.94 185.07
177.07
Revenue Area No. 7
$224.94 185.07
177.07
Revenue Area No. 11
$224.94 185.07
177.07
Revenue Area No. 13
$224.94 185.07
177.07
Revenue Area No. 14
All Revenue Area 14 operations and maintenance costs
are paid directly by the Irvine
Ranch Water District
* Flow - Per million gallons of flow
** S.S. - Per thousand pounds of suspended solids
***B.O.D. - Per thousand pounds of biochemical oxygen demand
25
TABLE G
WASTEHAULER CHARGES FOR USE
Wastehauler Fees
Charge for Use — Waste originating
within Orange County
Charge for Use — Waste originating
outside Orange County
W
Charges
$0.035/gallon of
truck capacity
$0.035/gallon of
truck capacity
ARTICLE V
MISCELLANEOUS
Section 5.01. Application of Ordinance. The provisions of this
Ordinance shall be in addition to the provisions of District Ordinance No. OCSD-
01, as amended, Establishing Wastewater Discharge Regulations for Use of
District's Sewage Facilities, including provisions for payment of charges or fees
related thereto; District Ordinance No. OCSD-03, as amended, Establishing Fees
Concerning Annexations of Territory to the District; and any other District
Ordinances and Resolutions not in conflict herewith.
Section 5.02. Exceptions. The provisions of this Ordinance shall
apply to all owners of properties within the District, including those properties
otherwise deemed exempt from payment of taxes or assessments by provisions
of the State Constitution or statute, including properties owned by other public
agencies or tax-exempt organizations, except as expressly provided herein.
Section 5.03. Severability. If any provision of this Ordinance, or the
application to any person or circumstances is held invalid by order of Court, the
remainder of the Ordinance, or the application of such provision to other persons
or other circumstances, shall not be affected.
Section 5.04. Effective Date. This Ordinance shall take effect thirty
(30) days after adoption.
Section 5.05. Repeal. Ordinances Nos. OCSD-05, OCSD-06,
OCSD-11, and OCSD-13 are hereby repealed.
Section 5.06: Certification and Publication. The Secretary of the
Board shall certify to the adoption of this Ordinance, and shall cause a summary
to be published in a newspaper of general circulation as required by law.
//
27
STATE OF CALIFORNIA
)SS.
COUNTY OF ORANGE
I, PENNY M. KYLE, Secretary of the Board of Directors of Orange County
Sanitation District, do hereby certify that the above and foregoing Ordinance
No. OCSD-15 was passed and adopted at a regular meeting of said Board on the 27tn
day of June, 2001, by the following vote, to wit:
2001.
AYES: Norman Z. Eckenrode, Chair; Steve Anderson; Don Bankhead;
Shawn Boyd; Brian Brady; Guy Carrozzo; James M. Ferryman;
Peter Green; Alice B. Jempsa; Tony Kawashima; Beth Krom;
Shirley McCracken; Pat McGuigan; Roy Moore; Mark A. Murphy;
Joy L. Neugebauer; Anna L. Piercy; Tod Ridgeway; Gerald N.
Sigler; Jim Silva; Paul Walker
NOES:. John M. Gullixson; Mark Leyes
ABSENT: Brian Donahue; Russell Patterson
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of June,
i
Penny M. le
SecretaryVfthe Boar of Directors
Orange County Sanitation District
G.\WP.DTA\ADMIN\BS\ORDINANCES\2001\CERTIFICATION-OCSD 15.DOC
EXHIBIT "D"
ORANGE COUNTY SANITATION DISTRICT
Source Control Division
10844 Ellis Avenue, P 0 Box 8127
Fountain Valley, CA 92728-8127
Telephone: (714) 962-2411
Fax (714) 962-6957
-DRY WEATHER URBAN RUNOFFPOLLUTANTS-OF'd"ONCERN.,
CONSTITUENT
INSTANTANEOUS/DAILY
LIMIT, MG/L
Cadmium (Cd)
1 00
Awrr.8' i6m
3, 5
Copper (Cu)
3.00
KNEM �0.01.__
Mercury (Hg)
003
=!q 7- &A
PRI H W-M- T Z
Silver (Ag) 500
Cyanide (Total) T
5.00
pn
Polychlorinated Biphenyls
001
Pesticides
M -
�
_ _2"
Total Toxic Organics (See Attachment)
058
Sulfide (Dissolved)
0.50
(Mineral or Pbtroleu
!7 i Petroleum) ��
BODft
■
6-12
tCyanide limits apply at the sampling point after cyanide treatment, but prior to dilution with other streams If there is no
cyanide treatment, the sample must be taken at the end of the cyanide process before dilution with other process
streams In the absence of cyanide process, the limits apply at the sampling point location described above (end of
pipe)-
tt Monthly BOD Limit is 10,000 lbs /day
Daily BOD Limit is 15,000 lbs./day
N,
Chlorpynfos
Azinphos methyl
Demetho-O
Demetho-S
Diazmon
Disulfoton
Marathion
Parathion methyl
Parathion ethyl
NEW="TTOCONSTITUENTS
CAS NO':
1,1-dichloroethane
75-34-3
Bromoform (tribromomethane)
75-25-2
1,1-dichloroethylene
75-35-4
Butyl benzyl phthalate
85-68-7
1,2-benzanthracene (benzo(a)anthracene)
56-55-3
Carbon tetrachloride (tetrachloromethane)
56-23-5
1,2-dichlorobenzene
95-50-1
Chlordane (technical mixture and metabolites) - Pesticide
57-74-9
1,2-dichloroethane
107-06-2
Chlorobenzene
108-90-7
1,2-dichloropropane
78-87-5
Chlorodibromomethane
124-48-1
1,2-diphenylhydrazine
122-66-7
Chloroethane
75-00-3
1,2-trans-dichloroethylene
540-59-0
Chloroform (trichloromethane)
67-66-3
1,3-dichlorobenzene
541-73-1
Chrysene
218-01-9
1,3-dichloropropylene (1,3-dichloropropene)
542-75-6
Di-n-butyl phthalate
84-74-2
1,4-dichlorobenzene
106-46-7
Di-n-octyl phthalate
117-84-0
1, 1 2-benzoperylene (benzo(ghi)peryiene)
191-24-2
Dichlorobromomethane
75-27-4
1,1,1-trichloroethane
71-55-6
Dieldrin - Pesticide
60-57-1
1,1,2-trichloroethane
79-00-5
Diethyl phthalate
84-66-2
1,2,4-trichlorobenzene
120-82-1
Dimethyl phthalate
131-11-3
1,1,2,2,-tetrachloroethane
79-34-5
Endosulfan sulfate - Pesticide
1031-07-8
1, 2,5,6-d ibenzanth race ne (dibenzo(a,h)anthracene)
53-70-3
Endrin - Pesticide
72-20-8
2-chloroethyl vinyl ether (mixed)
110-75-8
Endrin aldehyde - Pesticide
7421-93-4
2-chloronaphthalene
91-58-7
Ethylbenzene
100-41-4
2-chlorophenol
95-57-8
Fluoranthene
206-44-0
2-nitrophenol
88-75-5
Fluorene
86-73-7
2,4-dichlorophenol
120-83-2
Heptachlor epoxide - Pesticide
1024-57-3
2,4-dimethylphenol
105-67-9
Heptachlor - Pesticide
76-44-8
2,4-dinitrophenol
51-28-5
Hexachlorobenzene
118-74-1
2,4-dinitrotoluene
121-14-2
Hexachlorobutadiene
87-68-3
2,6-dinitrotoluene
606-20-2
Hexachlorocyclopentadiene
77-47-4
2,4,6-trichlorophenol
88-06-2
Hexachloroethane
67-72-1
2,3,7,8-tetrach lo rod ibenzo-p-d ioxi n (TCDD) —
Pesticide
1746-01-6
Indeno (1,2,3-cd) pyrene (2,3-o-phenylene pyrene)
193-39-5
3,3-dichlorobenzidine
91-94-1
Isophorone
78-59-1
3,4-benzofluoranthene (benzo(b)fluoranthene)
205-99-2
Methyl bromide (bromomethane)
74-83-9
4-bromophenyl phenyl ether
101-55-3
Methyl chloride (chloromethane)
74-87-3
4-chlorophenyl phenyl ether
7005-72-3
Methylene chloride (dichloromethane)
75-09-5
4-nitrophenol
100-02-7
N-nitrosodi-n-propylamine
621-64-7
4,4-DDD (p,p-TDE) — Pesticide
72-54-8
N-nitrosodimethylamine
62-75-9
4,4-DDE (p,p-DDX) — Pesticide
72-55-9
N-nitrosodiphenylamine
86-30-6
4,4-DDT-Pesticide
50-29-3
Napthalen
91-20-3
4,6-dinitro-o-cresol
534-52-1
Nitrobenzene
98-95-3
11,12-benzofluoranthene (benzo(k)fluoranthene)
207-08-9
Parachlorometa cresol
59-50-7
Acenaphthene
83-32-9
PCB-1016 (Arochlor 1016)
1336-36-3
Acenaphthylene
208-96-8
PCB-1221 (Arochlor 1221)
1336-36-3
Acrolein
107-02-8
PCB-1232 (Arochlor 1232) PCB
1336-36-3
Acrylonitnle
107-13-1
PCB-1242 (Arochlor 1242) ------ Polychlonnated
1336-36-3
Aldan — Pesticide
309-00-2
PCB-1248 (Arochlor 1248) Biphenyls
1336-36-3
Alpha-endosulfan
959-98-8
PCB-1254 (Arochlor 1254)
1336-36-3
Anthracene
120-12-7
PCB-1260 (Arochlor 1260)
1336-36-3
Benzene
71-43-2
Pentachlorophenol
87-86-5
Benzidine
92-87-5
Phenanthrene
85-01-8
Benzo(a)pyrene (3,4-benzopyrene)
50-32-8
Phenol
108-95-2
BHC, Alpha — Pesticide
58-89-9
Pyrene
129-00-0
BHC, Beta — Pesticide ---BHC -
58-89-9
Tetrachloroethylene
127-18-4
BHC, Delta — Pesticide Hexachlorocyclohexane
58-89-9
Toluene
108-88-3
BHC, Gamma — Pesticide
58-89-9
Toxaphene — Pesticide
8001-35-2
Beta-endosulfan — Pesticide
33213-65-9
Tnchloroethylene
79-01-6
Bis (2-chloroisopropyl) ether
108-60-1
Vinyl chloride (chloroethylene)
75-01-4
Bis (2-chloroethyl) ether
111-44-4
Bis (2-chloroethoxy) methane
111-91-1
Bis (2-ethylhexyl) phthalate
117-81-7
January 30, 1996 -- j \wp\3590\laurne\tto Ist
EXHIBIT "E"
ORANGE COUNTY SANITATION DISTRICT
Source Control Division
10844 Ellis Avenue, P.O Box 8127
Fountain Valley, CA 92728-8127
Telephone- (714) 962-2411
Fax (714) 962-6957
DRY WEATHER URBAN RUNOFF DISCHARGE PERMIT NO.
for discharge to the sewer system issued to
NAME
PUMP STATION OR OTHER DISCHARGER
MAILING ADDRESS
CURRENT MAILING ADDRESS, CA 9
CONNECTION ADDRESS
PHONE
EFFECTIVE DATE'
CONNECTION ADDRESS, CA 9
(714) -
LOCAL SEWERING AGENCY
EXPIRATION DATE
CITY OF
PERMITTED FLOW BASE RATE IN GALLONS PER MINUTE
n <DISCHARGE`.LIMITS;;m
N
CONSTITUENT INSTANTANEOUS/DAILY
LIMIT, MG/L
Arsenic
Cadmium (Cd) 1.00
;.: _-M"7 �i--;'', rr;
Chromium Total W//C�` ,a b«,,^.,A,, 4 ,r2:00`%,y
at;.. .. <. ..'i. �.aa,.. ....�.`..�. : w,. ..a.".,`,-' x__.
Copper (Cu) 3.00
�; '
"z:'?`=.; ,�,..;,;_-=^may>•,`Kw.� ter;-�.�, r °,:- .z _"_+,« a-r.5«
,."�i`3Ya--i"..°-'. '3-�,: x";=`z <A,za- ,y ;„R".•:5 �a°rs:,. E. .' �`a;,�',ai�>-">=ryt£:"k'-' a;':�'-
200', "
a"k_;s= A4s^a:.>..��>,>,s-,3,.,.,�,>_ «,
Mercury (Hg) 0.03
�+a`.4i.;#+"e `•M`» '=`a y'sx'=�' �,8'� "d„ 3X.�a';q;-«•a ,s , '.,,san.•,..^,-;asa
>,za .^OW44 ,�•"- � ,,, `
Nickel,(Ni) „wu=' y.` 'x;, :;...,t_, '' ,r - > x r.;, „r .10:00.._ 4_, _
i ed;.bS.`.,w-._ >ie�.ss Z`.r, x:s..�.. _f e;�>- _. :'�� s..,,.rea.wa,.t=. � :a_ .., - sc�� > w,3+w,a c.�. ..... "�».w-..,>_..... .�°,.3�.4.. Yxa=m,_ w,..�w.,'>_ 2i..s.. ``.>.aF.,:T.ik .'v' :aaa_. Maa:'ts
Silver (Ag) 5.00
00>°;
10-.' ..
Cyanide (Total) t 5.00
.. :z,., .,�' ^" §".$ :2"::},. .._,� „ ,+�w-r•_ r,= ,,n,Fa 4;g .� ;' ; _ , aa.5re�; , 4, r^.°„�;r h ' ..� ,> tr .... ;, „w,,",-.e,�. rr�� :r = ;' ,.^.. ; _�,� ,,,.>nar✓
Cyanrde:(Amenable);t s.m , .,F,,
--_- -- _- '� a, ,.xs y„.,., '»`�^_ ,,,.« _.,.a.^ ,w°.a'tk�-: >..,«:a aca«- ,a`..� ,�. `sw•�'...'S:x _ ...,.a _� :�i.u,. .
Polychlorinated Biphenyls 0.01
:Pesticid"c« . n ';`,,,
es
��,, d> �...u;:.,�
Total Toxic Organics 0.58
yak?,,, "mfr ''W„s';- -'fr - .. w:=�•, �H.`';Pi'` .;.- .�`.",a,� r..,xrsy F, �,,;.crre,: °^--
�S .-�`�:>vs..,' >..� .":^,��_"' t,.?�, >.F �`�„,aJ�_=,''-�i ":s5:�t�" .�as''3Y „� .,�,, Y" ?:- '�%�, ., ",�,a`" V,°�e��•^,',�� ?t
Sulfide otal :x 1 ? r
Oscar, _-.�"�,..a�
Sulfide (Dissolved) 0.50
.;°.;.;`n'.1,.0,-x000r„'qzt ^:a
ax:-° •
BOD ■
Tu, ,
n...
pH 6-12
SAMPLING POINT LOCATION:
EFFLUENT FLOW MEASUREMENT SYSTEM:
t Cyanide limits apply at the sampling point after cyanide treatment, but prior to dilution with other streams. If there is no cyanide
treatment, the sample must be taken at the end of the cyanide process before dilution with other process streams. In the absence of
cyanide process, the limits apply at the sampling point location described above (end of pipe).
fit Monthly BOD Limit is 10,000 lbs./day
Daily BOD Limit is 15,000 Ibs /day
SPECIFIC CONDITIONS OR REQUIREMENTS, PERMIT NO. _-_
SELF -MONITORING REQUIREMENTS:
1) Permittee shall measure the flow on a daily basis, and provide the results to the District on the 20'h of each month, reporting the
results of the previous month The effluent flow monitoring device must be calibrated in accordance with Attachment A.
2) Permittee shall collect and analyze a 24-hour composite sample of the discharge for TSS, BOD, oil and grease of mineral origin, and
pesticides on a monthly basis, and provide the results to the District in accordance with Attachment B
3) Permittee shall collect and analyze annually, a 24-hour composite sample of the discharge for heavy metals (Ag, Cd, Cr, Cu, N1, Pb,
and Zn) and total toxic organics using Method 624, 625 or equivalent during July — August of each year, in accordance with
Attachment B
GENERAL CONDITIONS:
Permittee shall comply with all terms and conditions of the District's Wastewater Discharge Regulations (Ordinance No OCSD-01)
and the Dry Weather Urban Runoff Policy (Resolution No OCSD 01-07), as such regulations and/or policy may be amended from
time to time and the Dry Weather Urban Runoff Discharge Agreement between permittee and the District
Pursuant to the provisions of the Dry Weather Urban Runoff Policy (Resolution No OCSD 01-07), permittee is required to
discontinue the discharge of urban runoff to the sewer system during wet weather event (as defined in the Agreement, except as
otherwise specified in the Agreement) and also any time the District determines that flow levels in the sewer system may cause
sewer overflow resulting in spills or operation problems
Permittee is required to provide the District's employee with access to the diversion location and all areas from which runoff
originates during discharge hours.
Permittee is responsible for paying all fees in accordance with the District's Ordinances Nos OCDS-01 and OCSD-13, and
Resolution No OCSD 01-07, in accordance with the Permit Agreement
Permittee is authorized to discharge dry weather urban runoff only at the following discharge point location
The named party is hereby granted permission to discharge dry weather urban runoff into the sewerage facilities of
the Orange County Sanitation District during dry weather (as defined in the agreement) days. Failure to comply with
the conditions of this permit or District's "Wastewater Discharge Regulations" (Ordinance) will result in the immediate
revocation of this permit and termination of discharge to the sewer system. Fees, charges, requirements, limitations
or conditions imposed by this permit on the discharge are as listed above and as found on any supplemental permit
agreement or attachments.
AUTHORIZED ORANGE COUNTY SANITATION DISTRICT OFFICIAL
Mahin Talebi
NAME
Source Control Manager
TITLE
SIGNATURE
ATTACHMENT A
PUMP STATION OR OTHER DISCHARGER
PERMIT NO. -
EFFLUENT FLOW METER AND FLOW DATA REQUIREMENTS
1. CALIBRATION REPORT GUIDELINES
To ensure proper operation and continued accuracy of industrial wastewater discharge measurement, the flow
monitoring system must be calibrated at least annually. The calibration report must be submitted to the District
by the specified date. The following information must be provided in the calibration report:
Flow Monitoring System Description: Provide a brief description of the system and all separate
components.
2. Contact Closure Frequency: State the normal setting for the number of gallons of wastewater
discharged between sampling contact closures and the variation range for systems with variable
counters.
3. Calibration Results: The system must be tested at a minimum of three (3) different known flow rates.
The flow rates should be near the minimum, maximum, and average flow rates discharged. The
totalizer should also be checked by a procedure approved by a California registered engineer and
subject to approval by the District A copy of all data collected, any calculations performed and any
other pertinent information must be submitted to the District.
4. Method of Calibration: A detailed description of the method of calibration must be provided,
including a description of any special pieces of equipment used and a schematic of the complete
calibration setup showing all significant features and equipment. Manufacturer's certified calibration
curves or data, or recent laboratory curves or data must be submitted for any manufactured flow
metering device used to check the calibration of the flow monitoring system. Comparison of the
effluent flow monitoring system with incoming water meter readings is not acceptable as a valid
calibration check
The method and instrumentation used to perform the calibration must be sufficiently accurate (2% of
rate or better) to allow calibration of the company's system to within 5% of rate. The data obtained
from the calibration system should be compared with readings obtained simultaneously on the same
flow from the company's existing flow meter The installed flow monitoring system should then be
adjusted to record and totalize the correct flows as indicated by the calibration system data
Flow monitoring systems employing a propeller or turbine type meter, a mechanically actuated float
level measurement system, or with other moving parts, must be calibrated at least semi-annually and
must be fully flow calibrated once a year
Corrective Measures: All effluent flow monitoring systems must indicate, record, and totalize within
5% of the actual discharge flow rate. If the system does not perform within these limits, appropriate
corrective action must be taken Prior to any major system modifications, a description, and plans if
necessary, of the proposed modifications should be submitted to the District for approval. Any minor
adjustments or parts replaced should be described in the report to the District.
PUMP STATION OR OTHER DISCHARGER
PERMIT NO. -
���
s SUMMARY`OF DISCHARGE VOLUMES::e Wit
� w .^
FLOW
VOLUME
UNITS
Total Discharge
Gallons
Total Bypass Discharge
N/A
Gallons
Total City Water Make-up
N/A
Gallons
Total Class I Discharge
N/A
Gallons
CERTIFICATION STATEMENT
I certify that, to the best of my knowledge, the information submitted is complete and accurate. I am aware that
there are significant penalties for submitting false information, including the possibility of administrative fines and
penalties.
Authorized Signature:
Name (Printed):
Title.
Date:
ATTACHMENT B
PUMP STATION OR OTHER DISCHARGER
PERMIT NO. -
SELF -MONITORING REQUIREMENTS
1. Sampling and Analysis of Heavy Metals
a. Composite Sampling. Permittee shall collect and analyze a 24-hour composite sample of the wastewater
effluent for heavy metals at a frequency in the enclosed attachment of the permit. All effluent sampling must be
conducted using an automatic sampling device which is capable of collecting samples at 15-minute intervals
during all hours of discharge in a 24-hour day. Flow -proportional samples are acceptable with a minimum of 96
samples collected per 24 hours of discharge For batch dischargers, a grab sample is acceptable for a well -
mixed batch, otherwise a composite sample during the period of discharge must be obtained
b. Discharge Flow. Water meter readings shall be obtained during the start and end of composite sampling to
determine the volume of water discharged during the 24-hour sampling period Meter readings are necessary to
determine the total flow needed for calculation of daily mass emission rate for the actual wastewater discharged.
Additionally, the start and stop times must be recorded The units in which the water meter readings are
expressed must be properly ascertained
Permittee shall measure and record daily total flow using flow measurement devices and methods that ensure an
accurate measurement of the volume of monitored discharge. The use of effluent meters provides an accurate
measurement of the volume discharged; however, in the absence of effluent meters, the District accept the use
of incoming water meters or process meter totalizers with appropriate standard deductions such as domestic,
process, and landscape losses. These deductions will be applied by the District, upon processing of the Self -
Monitoring report, to determine the volume of wastewater discharged to the sewer system The devices shall be
installed, calibrated, and maintained to ensure that the accuracy of the measurements are consistent with the
accepted capability of that device.
C. Laboratory Analyses. All wastewater samples shall be analyzed in accordance with the appropriate
procedures contained in 40 CFR 136. Where 40 CFR 136 does not include sampling or analytical techniques for
the pollutants in question, analyses shall be performed using the most current edition of "Standard Methods for
the Examination of Water and Wastewater". Wastewater analysis shall be performed by a laboratory utilizing the
approved method for performing the analyses on the required constituents. Upon the Districts' request,
Permittee shall obtain from their laboratory and furnish to the District, information regarding test methods and
equipment used, including quality assurance/quality control (QA/QC) information. Other information deemed
necessary by the District to determine the adequacy, accuracy, and precision of the results may also be required.
2. Sampling and Analysis for Total Toxic Organics (TTO)
a. Sampling. Permittee shall collect and analyze samples of the wastewater effluent at the sample point for TTO
quarterly. All effluent sampling for volatile organic compounds must be conducted by taking grab samples of the
wastewater effluent. A minimum of four grab samples shall be taken independently during hours of operation
within a 24-hour period. Each sample shall be analyzed independently for toxic organic constituents present in
the facility. The average concentration from the four grab sample results with concentrations greater than 10 g/L
shall be used to determine compliance with TTO mass emission and/or concentration limits.
b. Laboratory Analyses. All wastewater samples shall be analyzed in accordance with the appropriate
procedures contained in 40 CFR 136 using EPA Methods (i e., for Purgeable Halocarbons and Aromatics, use
Methods 601, 602 or 624). Wastewater analysis shall be performed by a laboratory utilizing the approved
method for performing the analyses on the required constituents. Upon the District's request, Permittee shall
obtain from their laboratory and furnish to the District, information regarding test methods and equipment used,
including QA/QC information. Other information deemed necessary by the District to determine the adequacy,
accuracy, and precision of the results may also be required
3. Sampling and Analysis of BOD and TSS
a. Composite Sampling. Permittee shall collect and analyze a 24-hour composite sample of the wastewater
effluent at the sample point for BOD and TSS quarterly. All effluent sampling must be conducted using an
automatic sampling device which is capable of collecting samples at 15-minute intervals during all hours of
discharge in a 24-hour day. Flow -proportional samples are acceptable with a minimum of 96 samples collected
per 24 hours of discharge. For batch dischargers, a grab sample is acceptable for a well -mixed batch, otherwise
a composite sample during the period of discharge must be obtained.
b Discharge Flow. Water meter readings shall be obtained during the start and end of composite sampling to
determine the volume of water discharged during the 24-hour sampling period. Meter readings are necessary to
determine the total flow needed for calculation of daily mass emission rate for the actual wastewater discharged
Additionally, the start and stop times must be recorded. The units in which the water meter readings are
expressed must be properly ascertained
Permittee shall measure and record daily total flow using flow measurement devices and methods that ensure an
accurate measurement of the volume of monitored discharge The use of effluent meters provides an accurate
measurement of the volume discharged, however, in the absence of effluent meters, the District accept the use
of incoming water meters or process meter totalizers with appropriate standard deductions such as domestic,
process, and landscape losses. These deductions will be applied by the District, upon processing of the Self -
Monitoring report, to determine the volume of wastewater discharged to the sewer system. The devices shall be
installed, calibrated, and maintained to ensure that the accuracy of the measurements is consistent with the
accepted capability of that device.
C. Laboratory Analyses. All wastewater samples shall be analyzed in accordance with the appropriate
procedures contained in 40 CFR 136 using EPA Method. Wastewater analysis shall be performed by a
laboratory utilizing the approved method for performing the analyses on the required constituents. Upon the
District's request, Permittee shall obtain from their laboratory and furnish to the District, information regarding test
methods and equipment used, including QA/QC information Other information deemed necessary by the District
to determine the adequacy, accuracy, and precision of the results may also be required.
4. Sampling and Analysis for Oil and Grease of Mineral Origin (O&G-M)
a. Sampling. Permittee shall collect and analyze samples of the wastewater effluent at the sample point location
for O&G at a frequency specified in page 2 of the permit. A minimum of four grab samples shall be taken
independently during hours of operation within a 24-hour period. The grab samples may be composited by the
laboratory personnel prior to analysis. Proper sampling and preservation techniques, in accordance with EPA
requirements, must be used to ensure representative results
b. Laboratory Analyses. All wastewater samples shall be analyzed in accordance with the appropriate
procedures contained in 40 CFR 136 using EPA Method 418.1. Wastewater analysis shall be performed by a
laboratory utilizing the approved method for performing the analyses on the required constituents. Upon the
District's request, Permittee shall obtain from their laboratory and furnish to the District, information regarding test
methods and equipment used, including QA/QC information. Other information deemed necessary by the District
to determine the adequacy, accuracy, and precision of the results may also be required.
PUMP STATION OR OTHER DISCHARGER
PERMIT NO. -
Frequency, Sampling Schedule and Due Dates for Submission of Reports
Sampling of wastewater effluent and reporting of results shall be done in accordance with the schedule shown
below Sampling may be performed any day within the specified date range. If sampling cannot be conducted within
the specified date for any valid reason, the District must be notified in advance and in writing, of the reason(s) for the
inability to sample and the new proposed sampling date
Quarterly Frequency Deadlines
>HEAVY'METALS,,,TT0i'BOE TSS ;, ', Sampling Date, - -' .; 'Report Submission Due Date ,
re, "jff CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: April 17, 2002
TO: Orange County Sanitation District
Name
10844 Ellis Avenue
Street
Fountain Valley, CA 92708
City, State, Zip
ATTENTION: Tom Meregillano
DEPARTMENT:
REGARDING: Agreement for Dry
Weather Urban Runoff Discharge
See Attached Action Agenda Item E_ 10 Date of Approval 4 / 1 / 02
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
4�/O r 04kqy—
Upon execution please return a copy to
the City Clerk's Office, Attn: Jeffrey Hughes
Connie Brockway
City Clerk at the above address. Thank you.
Attachments: Action Agenda Page
x Agreement
2x
Bonds
Insurance
RCA
Deed
Other
CC: R. Beardsley
DPW
x
y,
Name
Department
RCA
Agreement
Insurance
G. Lucas
DPW
X
7s 01T<10
Name
Department
RCA
Agreement
Insurance
RCA
Agreement
Insurance
Name
Department
RCA
Agreement
Insurance
Name
Department
RCA
Insurance
Name
Department
( Telephone: 714-536-5227
Other
Other
Other
Other
I
RCA ROUTING' SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Approve OCSD Agreement for Dry Weather Urban Runoff
Discharge
COUNCIL MEETING DATE:
Aril 1, 2002
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Signed in full by the City Attorney
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement Unbudget, over $5,000)
Not Applicable
Bonds If applicable)
Not Applicable
Staff Report If applicable
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
�lL
Assistant City Administrator Initial
y�
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
RCA Author: Geraldine Lucas