HomeMy WebLinkAboutAGENDA BACKUP 03-21-91
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Central Contra Costa Sanitary LJistrict
BOARD OF DIRECTORS
PAGE 1 OF 83
POSITION
PAPER
BOARD MEETING OF
March 21, 1991
NO.
3.
HEARINGS a.
SUBJECT
DATE
CONDUCT A PUBLIC HEARING ON THE PROPOSED
SOURCE CONTROL ORDINANCE
March 1 1
CONOOC1N PUBLIC
HEARING, ADOPT
ORDINANCE & RESOLUTION
SUEWITT.ED B"
tsarton L. Brandenburg
Associate Engineer
INITIA 1J.NG OEPT /OIV.
~nglneenng Department
Planning Division
ISSUE: A public hearing is required prior to the adoption of a revised Source Control
Ordinance.
BACKGROUND: The existing Source Control Ordinance was adopted on August 27, 1981,
and needs to be revised to reflect new regulations and current circumstances. Attachment A
summarizes the major proposed revisions to the ordinance. The entire ordinance is presented
in Attachment B.
Since 1989, the EPA has focused considerable attention on enforcement of the pretreatment
regulations. To respond, a streamlined enforcement procedure has been proposed by staff.
Also, the EPA and Regional Water Quality Control Board are recommending that treatment
facilities encourage waste minimization and pollution prevention to control wastes from some
commercial establishments. To allow staff to efficiently administrate an expanded program,
the revised ordinance improves and streamlines the permitting system for commercial
establishments.
EPA now requires that the District's local limits for industrial discharges to the sewer be
technically based. To comply with this requirement, staff has reviewed each constituent
limit through a process which identifies the maximum concentration that can safely be
discharged by industrial users. The new limits are based on NPDES permit limits, protection
of the plant against upset, and prevention of sludge/ash contamination. The current and
proposed limits are shown in Table 1. Local limits are proposed to be adopted by separate
resolution because it is anticipated that they will be revised more often than the ordinance.
At the public hearing, staff will discuss the changes which are proposed to be made to the
existing Source Control Ordinance and be available to respond to Board and public
comments.
Legal notice of the public hearing on the proposed ordinance was published on March 11,
1991, in the Contra Costa Times. The proposed ordinance was mailed to 40 existing and
potentially new permitted industries. A workshop for industries was held March 13, 1991,
where staff presented the proposed changes to affected users and responded to questions.
The proposed ordinance has been available at the office of the Secretary of the District for
the public to review.
IL/J
j~
ROGER J. DOLAN
INITIATING DEPT/DIV.
1302A-9/85
SUBJECT
CONDUCT A PUBLIC HEARING ON THE PROPOSED
SOURCE CONTROL ORDINANCE
POSITION PAPER
PAGE 2 OF 83
I%Irch 18, 1991
Six industries were represented in the workshop. Several questions were asked regarding
the administration of the Source Control Program. For example, a question was asked
regarding how permit fees were calculated. Staff responded that permit fees were
determined from the actual time that staff spent sampling, inspecting, and permitting each
industry. If violations of discharge or reporting requirements occurred, more time would be
spent on the industry and therefore the permit fee would be higher. (Annual permit fees
range from approximately $1,000 to $8,000.) One representative asked why the sampling
frequency (for grab samples only) increased from once in 24.hours to once every four hours.
The representative believed it would be difficult to take a grab sample every four hours
because some samples would have to be taken at night. Staff explained that more frequent
grab samples were necessary to obtain a more representative sample of the waste discharge
throughout the sampling period, and that the Environmental Protection Agency required grab
samples be taken with a minimum frequency of four hours.
This project has been evaluated by staff and determined to be exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.9, since it
involves an action taken by the District as a regulatory agency to assure the protection of
the environment.
RECOMMENDATION: Conduct a public hearing on the proposed Source Control Ordinance.
Consider, revise, as appropriate and adopt the proposed ordinance and resolution.
13026- 9/85
ATTACHMENT A
This attachment presents a summary of the major proposed changes to the Source
Control Ordinance.
1. The "Purpose" section was rewritten to provide a broader scope of direction for
the ordinance. This was done in order to provide the flexibility for staff
administrative actions in carrying out the precepts of the District's Source Control
Program.
2. The "Definition" section was expanded to include substantial additional definitions.
3. The issuance of Wastewater Discharge Permits is defined to be ministerial;
therefore, not requiring Board action.
4. The sections related to permissible discharges and discharge prohibitions were
expanded to clearly state that the ordinance applies to all users of the District's
system, whether permitted or not. Additional language was also added to define
and prohibit sludge discharges and interference and pass-through.
5. The new ordinance establishes four distinct classes of industrial users and the
responsibilities of each class. These classes of industrial users are:
Class I Industrial User: This class includes the user's of District facilities
which require maximum control of their discharge through a permit contract
(e.g., GSF Energy, Acme Fill Leachate) and discharge standards which may
be more stringent than local or categorical standards. Acceptance of
discharges from a Class I industrial user requires Board action.
Class II Industrial User: This class includes all Significant Industrial users
which are required to have a standard Wastewater Discharge Permit for
periodic monitoring and compliance.
Class III Industrial User: This class includes all commercial and industrial
facilities which may require some sort of oversight by the District based on
the materials used at the facility and/or the potential for accidental
discharge of these materials. These facilities would typically fall below the
level of attention given to the Class I or Class II Industrial Users. Examples
of potential Class III industrial users are dry cleaners, one-hour photo labs,
and auto repair facilities, etc.
Class IV Industrial User: This class includes all non-domestic users which
do not fall under the definitions of the classes referenced above. The users
of this class would generally not be required to have a Wastewater
Discharge Permit.
6. All sampling and analysis reports submitted by industrial users must include a
certified statement of all reporting, sampling requirements, and protocols.
7. The "Enforcement" section describes the enforcement actions available to the
District, and clarifies that the enforcement alternatives could be cumulative. The
Order to Show Cause hearing has been redrafted to provide a hearing only when
warranted by the alleged violation.
8. A noncompliance fee schedule is proposed which would administratively impose
fines for limit violations. The minimum fee automatically escalates from $300 for
a minor one-time violation to $2,000 for severe and recurring violations.
9. The District would have improved rights to revoke or to terminate a Wastewater
Discharge Permit and service.
10. The District's Waste Hauler Program is incorporated into the ordinance.
11. The District's grease trap and interceptor program is incorporated into the
ordinance.
TABLE 1
RECOMMENDED SEWER DISCHARGE LIMITS
Pollutant Current limits Recommended limits
Antimony 5.0
Arsenic 2.0 2.0
Cadmium 1.0 0.3
Chromium 2.0 1.5
Copper 5.0 5.0
Lead 2.0 2.0
Mercury 0.05 0.05
Nickel 5.0 3.0
Selenium 0.3
Silver 1.0 1.0
Thallium 1.5
Zinc 5.0 5.0
Cyanide 5.0 1.5
Phenol 10.0 10.0
pH 5.5 units 5.5-12.5 units
Oil and Grease
Mineral 100
Animal 300
Vegetable 300
Total Toxic Organics 2.1
Total Identifiable 0.5 0.5
Chlorinated Hydrocarbons
p,c. Board
Fabrication
ETCH- TEK, INC.
e 415) 671-9800
2455 Bates Avenue
Concord. CA 94520
FAX: e 415) 671-0151
MARCH 20, 1991
CONTRA COSTA COUNTY WATER DISTRICT
5019 IMHOFF PLACE
MARTINEZ, CA 94553
ATTN: MR. BARTON L. BRANDENBURG
ASSOCIATE ENGINEER
SUB: DRAFT OF SOURCE CONTROL ORDINANCE
ETCH-TEK ATTENDED THE MARCH 13TH PRESENTATION OF THE DRAFT
ORDINANCE AND FOUND THE MEETING TO BE AN OVERVIEW OF
REQUIREMENTS, NOT A HEARING.
WE WERE SURPRISED THAT THE DRAFT WAS NOT CIRCULATED REQUESTING
COMMENTS OR INPUT THAT COULD BE CONSIDERED BY C.C.C.S.D. IN
CREATING A WORKING DOCUMENT THAT SATISFIES THE NEEDS OF THE
COMMUNITY, C.C.C.S.D. AND THE INDUSTRIAL SECTOR. IT IS OUR
OPINION THAT WE MUST MAKE THE ORDINANCE WORK IN THE BEST INTEREST
OF ALL CONCERNED.
ETCH-TEK WOULD HAVE PREFERRED TO SEE AN INDUSTRIAL STEERING
COMMITTEE PARTICIPATE WITH C.C.C.S.D. IN NOT ONLY DEVELOPING THIS
DOCUMENT BUT TO PROVIDE INPUT ON AN ONGOING BASIS. BUSINESS IS
DYNAMIC AND THOSE ENGAGED IN MANUFACTURING OR PROCESSING MUST
MEET THE REQUIREMENTS OF ITS CUSTOMERS AND THE COMMUNITY. THIS
CAN ONLY BE ACCOMPLISHED BY ADDRESSING CURRENT AND FUTURE
REQUIREMENTS. THE ORDINANCE DOES NOT MAKE THIS ALLOWANCE.
THE ORDINANCE DOES NOT PROVIDE SPECIFIC GUIDELINES BUT ALLOWS
C.C.C.S.D. TO USE DISCRETIONARY JUDGMENT. A FUNCTIONAL ORDINANCE
MUST DEFINE RULES OF COMPLIANCE, FINES, PENALTIES AND TIME
LIMITS. WE DO NOT FIND THIS IN THE CURRENT DOCUMENT AND CONSIDER
THIS A SERIOUS FLAW IN THE DOCUMENT. THE OPPORTUNITY FOR
SUBJECTIVE INTERPRETATION EXISTS WHICH CAN BE CONTROVERSIAL, TIME
COMSUMING AND EXPENSIVE FOR ALL CONCERNED.
ETCH-TEK RECOMMENDS THE ADOPTION OF THE ORDINANCE BE DELAYED UNTIL
SUCH TIME AS THE DOCUMENT CAN PRESENT A CLEARLY DEFINED SET OF
GUIDELINES AND ACCOUNTABILITY FOR C.C.C.S.D. AND ALL THOSE
INDIVIDUALS, ORGANIZATIONS AND BUSINESSES THAT WILL OPERATE UNDER
THE ORDINANCE.
KEN BEARD
PRESIDENT
ETCH-TEK INC.
March 21, 1991
1. Section 10.04.020 (pg. 7) Add:
"Notice of Violation. A document informing the user that it has violated the
District Source Control Ordinance and appropriate corrective action must be
taken. "
2. Section 10.12.040 (pg. 23) Change:
"Existing industrial users (except those with current permits) shall apply for a
Wastewater Discharge Permit within thirty (aO) ninety (90) days following the
effective date of this ordinance, . . ."
3. Section 1 0.16.020 (pg. 44) Ado:
"These informal administrative actions may include informal notices (i.e. telephone
calls to the user's represen~ative), notices of violation (NOV), informal meetings,
or informal warning letters."
BLB/ls
ORDINANCE NO. 91
AN ORDINANCE OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT ADDING TITLE 10
OF THE DISTRICT CODE AND REPEALING
CHAPTER 9.16 OF THE EXISTING DISTRICT CODE
(SOURCE CONTROL ORDINANCE)
WHEREAS, the existing Wastewater Treatment Ordinance found in
Chapter 9.16 of the existing District Code was adopted on August
27, 1981; and
WHEREAS, subsequent regulations have been enacted affecting
said Ordinance, and circumstances have changed since the Wastewater
Treatment Ordinance was originally adopted; and
WHEREAS, the Environmental Protection Agency has, over the
past several years, given substantial attention to enforcement of
the pretreatment and source control regulations; and
WHEREAS, the Environmental Protection Agency and the State and
Regional Water Quality Control Boards are recommending that
treatment facilities encourage waste minimization and pollution
prevention; and
WHEREAS, controlling the waste from certain types of non-
domestic establishments is anticipated as part of an overall waste
minimization effort; and
WHEREAS, substantial study has been conducted regarding the
existing Wastewater Treatment Ordinance with regard to the above-
referenced new regulations and changed circumstances, and other
above-mentioned factors; and
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F:\DMS\TCS.DIR\0010593.01
WHEREAS, these studies have been undertaken by District staff
and demonstrated the necessity for changes to the existing
Wastewater Treatment Ordinance; and
WHEREAS, the California Environment Quality Act requires
guidelines be adopted, said guidelines to include a list of exempt
classes of proj ects which have been determined not to have a
significant effect on the environment; and said exempt classes
include actions taken by regulatory agencies, pursuant to state or
local ordinances, to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory
process involves procedures for protection of the environment; and
WHEREAS, the California Environmental Quality Act has been
evaluated, and it has been determined that said Act (CEQA) has been
complied with due to the fact that a Notice of Exemption will be
filed pursuant to this Board's direction; and
WHEREAS, legal notice of a public hearing on the proposed
amendments to the following Source Control Ordinance (heretofore
"Wastewater Treatment Ordinance") was pUblished on March 11, 1991,
in the Contra Costa Times, and copies of the proposed Ordinances
were mailed to 40 existing and potentially new permitted
industries, and a workshop for said industries and small business
was held March 13, 1991, where staff presented the proposed changes
to affected users and responded to questions; and
WHEREAS, the proposed Ordinance has been available at the
Office of the Secretary of the District for the public to review;
and
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F:\DMS\TCS.DIR\0010593.01
WHEREAS, a properly noticed public hearing was held on March
21, 1991, to receive comments on the proposed Source Control
Ordinance;
NOW, THEREFORE, the Board of Directors of the Central Contra
Costa Sanitary District does hereby ordain and enact the Source
Control Ordinance in its entirety as set forth in full text
attached as Exhibit "A" hereto, and further amend the District Code
by creating a new Title 10 thereof.
PASSED AND ADOPTED by the Board of Directors of the Central
Contra Costa sani tary District on the
, 1991 by the following vote:
day of
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
JOHN B. CLAUSEN, President
Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
JOYCE MURPHY, Secretary
Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
APPROVED AS TO FORM:
KENTON L. ALM
District Counsel
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F:\DMS\TCS.DIR\0010593.01
CENTRAL CONTRA COSTA SANITARY DISTRICT
SOURCE CONTROL ORDINANCE
AMENDMENT TO DISTRICT CODE
ADDING
TITLE 10
Final Draft for Circulation
February, 1991
Chapter
Chapter
TITLE 10
SOURCE CONTROL (PRETREATMENT)
INDEX
10.04 General provisions
10.04.010 Purpose and POlicy.
10.04.020 Definitions.
10.04.030 Abbreviations.
10.04.040 Ministerial Permit Issuance.
10.04.050 Severability.
10.04.060 Conflict.
10.04.070 Repeal.
10.08 Requlations
10.08.010 Permissible discharges.
10.08.020 General discharge prohibition.
10.08.030 Prohibited effects.
10.08.040 Prohibited substances or
characteristics.
10.08.050 Prohibited discharge location.
10.08.060 National pretreatment standards.
10.08.070 Specific pollutant limitations.
10.08.080 State and federal requirements
and standards.
10.08.090 District's right of revision.
10.08.100 Excessive discharge.
10.08.110 Slug discharges.
10.08.120 Hazardous Waste Discharges
Chapter 10.12 Administration
10.12.010
10.12.020
10.12.030
10.12.040
10.12.050
10.12.060
10.12.070
10.12.080
10.12.090
10.12.100
10.12.110
10.12.120
Wastewater Discharges.
Responsibility of Users.
Classes of Users.
Wastewater Discharge Permit.
Reporting Requirements for Permittee
and Contract Permittee.
Monitoring.
Signatory Requirements.
Rights of Entry.
Pretreatment.
Publication
Noncompliance.
Records Retention.
Confidential Information
of
in
Users
Paqe
1
3
10
10
10
10
11
11
12
12
13
16
16
17
17
17
17
18
19
20
21
21
23
32
36
40
40
41
Significant
42
42
42
Chapter
Chapter
Chapter
Chapter
Chapter
10.16 Enforcement
10.16.010
10.16.020
10.16.030
10.16.040
10.16.050
10.16.060
10.16.070
10.16.080
10.16.090
10.16.100
10.16.110
Enforcement Mechanisms.
Informal Administrative Actions.
Administrative Orders and
Schedules.
Noncompliance with Permit and/or
Permit Contract Requirements and
Other Applicable Fees.
Assessment of Charges for Obstruction
or Damage to District Facilities
Operations.
Suspension or Termination of Service.
Civil Action.
Criminal Action.
Notification Procedures.
Costs.
Responding to Significant
Noncompliance.
Page
43
44
Compliance
44
10.20 Hearings and Aooeals
45
or
53
53
55
56
57
58
58
10.20.010 Availability of Administrative Appeal 60
10.20.020 Show Cause Hearings. 61
10.24 Fees
10.24.010 Purpose.
10.24.020 Sewer Service Charges.
10.24.030 Scope of Charges and Fees for
Source Control Program.
10.24.040 Payment of Fees, Charges and
Delinquencies.
10.24.050 Reinstatement Deposit.
10.28 Waste Hauler Proqram
62
62
63
63
64
10.28.010 Permissible Waste Hauler Discharges 65
10.28.020 Waste Hauler Discharge Permit. 65
10.28.030 Cash Deposit - Security. 66
10.28.040 Manifest Procedures. 68
10.28.050 Fees for Discharge. 68
10.28.060 Regulation of Procedures. 68
10.28.070 Acceptance of Grease. 68
10.28.080 County Limitation. 69
10.32 Grease. Oil. and Sand Interceotor Proqram
10.32.010 Interceptors Required.
10.32.020 Administration of Interceptor Program
10.32.030 Interceptor Maintenance Procedures
Program.
10.32.040 Enforcement.
69
70
and
71
72
sections:
10.04
10.08
10.12
10.16
10.20
10.24
10.28
10.32
Sections:
10.04.010
10.04.020
10.04.030
10.04.040
10.04.050
10.04.060
10.04.070
10.04.010
TITLE 10
SOURCE CONTROL (PRETREATMENT)
General provisions
Requlations
Administration
Enforcement
Hearinqs and Appeals
Fees
Waste Hauler Proqram
Grease. oil and Sand Interceptor Proqram
Chapter 10.04
GENERAL PROVISIONS
Purpose and policy.
Definitions.
Abbreviations.
Ministerial permit issuance.
Severability.
Conflict.
Repeal.
Purpose and Policv.
This Ordinance sets forth uniform requirements for
contributors to the wastewater collection and treatment
system of the Central Contra Costa Sanitary District
(hereafter District) and enables the District to comply
with all applicable State and Federal laws required by the
Clean Water Act of 1977 as amended and the General
Pretreatment Regulations (40 CFR Part 403) which are on
file at the District Office.
The objectives of this Ordinance are:
A. To comply with the laws of the State of California
and of the United States relating to the
protection of the environment, control of water
pollution, disposal of hazardous wastes and
pretreatment of industrial discharges to publicly
owned treatment works.
B. To prevent the introduction of wastes into the
District wastewater system which will interfere
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February 21. 1991
with the operation of the system or other District
operations.
C. To prevent the introduction of wastes into the
District wastewater system which will pass through
the system, inadequately treated, into receiving
waters or the atmosphere or otherwise be
incompatible with the .system's overall operations.
D. To prevent introduction of toxic substances to the
District wastewater system which could reach the
environment in toxic amounts.
E. To prevent the introduction of wastes into the
system which may affect the District's ability to
dispose of its ash, sludge, or other residuals.
F. To improve the opportunity to recycle and reclaim
wastewater and sludge from the system.
G. To prevent the introduction of wastes that may be
inadequately treated by District facilities and
may adversely affect the environment or may cause
a violation of the District's NPDES permit or may
contribute to the need for modification of the
District's NPDES permit.
H.
To protect District personnel while
activities related to the collection,
and disposal of wastes through the
facilities.
conducting
treatment
District
I. To prevent a public hazard or public nuisance
arising from the collection, treatment and dis-
posal of wastes through the District system.
J. To prevent the introduction of wastes to sewers
connected to the District system that could result
in the District being classified as a hazardous
waste treatment, storage or disposal facility
under the laws of the state of California or the
united states.
K. To provide for equitable distribution of the cost
of the District's Source Control Program.
This Ordinance provides for the regulation of contributors
to the District wastewater collection system through the
issuance of permits or permit contracts to certain users
and through enforcement of general requirements for the
other users, authorizes monitoring and enforcement
activities, requires user reporting, and provides for the
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February 21, 1991
setting of fees for the equitable distribution of costs
associated with maintaining a Source Control Program.
This Ordinance shall apply to all discharges within the
District and to discharges from other governmental bodies
or agencies who are, by contract or agreement with the
District, users of the District's treatment plant. Except
as otherwise provided herein, the General Manager of the
District shall administer, implement, and enforce the
provisions of this Ordinance.
10.04.020
Definitions.
Unless the context specifically indicates otherwise, the
following terms and phrases, as used in this Ordinance,
shall have the meanings hereinafter designated:
A. Act or "the Act". The Federal Water Pollution
Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et. seq.
B. Authorized Representative of Industrial User. An
authorized representative of an Industrial User
may be: (1) A principal executive officer, if the
Industrial User is a corporation; (2) A general
partner or proprietor if the industrial user is a
partnership or proprietorship, respectively; (3) A
duly authorized representative of the individual
designated above if such representative is
responsible for the overall operation of the
facilities from which the discharge originates and
if such representative is identified in writing by
the individual designated in (1) or (2) above.
C. Biochemical Oxygen Demand (BOD). The quantity of
oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory
procedure, five (5) days at twenty degrees (200)
centigrade expressed in terms of weight and
concentration (milligrams per liter, mg/l).
D. Categorical Standards. National Pretreatment
Standards which specify quantities or concentra-
tions of pollutants or pollutant properties that
may be discharged by Industrial Users in specified
industrial subcategories.
E. Class I Industrial User. Any non-domestic User
which will require a significantly greater level
of administrative services and/or oversight by the
District Source Control Program than a Class II
User, based on the unusual character of the
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February 21, 1991
wastewater due to its volume, strength,
composition, or its derivation from a hazardous
waste or substance, or the potential variability
in the character of the wastewater, or on the
potential for increased administrative cost to the
District due to the unusual character of the
waste.
F. Class II Industrial User. Any non-domestic user
of the District's wastewater disposal system who
(1) has a discharge flow of Twenty-Five Thousand
(25,000) gallons or more per average work day, or
(2) has in its wastes hazardous pollutants, or (3)
is subject to national pretreatment standards, or
(4) has in its untreated wastewater pollutants
which are in excess of any pretreatment standard,
including any standard identified in this
ordinance or local limits set by resolution of the
District Board or (5) may, in the opinion of the
District, have a significant impact, either singu-
larly or in combination with other contributing
industries, on the District's ability to meet the
objectives of this ordinance.
G. Class III Industrial User. Any non-domestic
user which may, in the opinion of the District,
have an impact on the District's ability to meet
the objectives of this Ordinance. This impact may
be of a lesser degree than for a Class II
Industrial User due to the volume,
characteristics, or the nature of the process
producing the waste. Any non-domestic User which
generates hazardous waste, whether or not said
wastes is, in the normal course of the industrial
process, discharged into the sanitary sewer
system, may be considered a Class III Industrial
User. A non-domestic user may be classified as a
Class III Industrial User if any of the hazardous
waste is being discharged into the sewer, or if,
in the opinion of the District, there is a poten-
tial for this waste to be discharged into the
sewer, even through accident in non-process or
process of handling of the waste. This classifi-
cation applies to, but is not limited to, those
industrial users who are not designated as Class I
or Class II Users and who are required to have a
County Hazardous Waste Facility License. This
Class III Industrial User category shall also
include industrial users who store or use hazard-
ous materials, whether or not a hazardous waste is
produced in the industrial or commercial process
if, in the determination of the District, a
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February 21, 1991
potential exists for a significant impact upon the
District facilities due to a release of these
materials into the environment. This
classification also applies to those industrial
users not designated as Class I or Class II
Industrial Users which are required by statute or
County regulations to have a Hazardous Materials
Response Plan and Inventory. A Class III
Industrial User shall also include all varieties
of non-domestic users for which the General
Pretreatment Regulations promulgated by the EPA
under a 40 CFR 403.S(f)(2)(iii) may require the
District to provide an Industrial User (IU)
Notification regarding the applicability of RCRA
requirements.
Class III Industrial Users may be individually
designated by the District based on the criteria
set forth above or on categorization of the User
as a member of a particular business category.
Examples of business categories which may be
included in the Class III Industrial User
designation are: analytical and clinical labora-
tories, dry cleaners and laundries, vehicle
maintenance and repair facilities, printing and
allied industries, photo processors and pesticide
formulators and applicators.
H. Class IV Industrial User. Any non-domestic
user which is not included within the definitions
and parameters of Class I, Class II or Class III
Industrial Users.
I. Collection System. The District pipelines, pump
stations, manholes and other similar facilities
which accept, collect and convey sanitary sewage
to the Treatment Plant.
J. Cooling Water. The water discharged from any use
such as a1r conditioning, cooling or refrig-
eration, or to which the only pollutant added is
heat.
K.
District.
District.
The Central Contra Costa Sanitary
L. District Board. The Board of Directors and the
Central Contra Costa Sanitary District.
M. District Facilities. All of the District's system
of collecting, conveying and treatment including,
but not limited to, the collection system and
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February 21, 1991
treatment plant. This includes any publicly owned
facility connected to the District I s collection
system which generates wastewater treated at the
District treatment plant.
N. Domestic Wastewater. Domestic wastewater shall
mean the liquid solid and water-carried waste
derived from ordinary living processes of humans
of such character as to permit satisfactory
disposal, without special treatment, into the
public sewer by means ot a private conveyance
system. The strength shall be considered to have
no more than 300 milligrams per liter (mgjl) BOD
and suspended solids.
O. Environmental Protection Agency, or EPA. The u.s.
Environmental Protection Agency, or where
appropriate, the term may also be used as a
designation for the Administrator or other duly
authorized official of said agency.
P. General Manager. The General Manager-Chief
Engineer of the District or his duly authorized
representative.
Q. Hazardous Pollutants. Any constituent or combi-
nation of constituents that is classified as
hazardous under state or federal regulations or is
included on the federal list of toxic pollutants
as specified in CFR Title 40 Part 403.
R. Holding Tank Waste. Any waste from holding tanks
such as vessels, chemical toilets, campers,
trailers and vacuum-pump tank trucks.
S. Industrial User. Any contributor of industrial
waste or wastewater.
T. Industrial Waste or Wastewater. All water-carried
wastes and wastewater of the community, excluding
domestic wastewater derived from any producing,
manufacturing, processing, institutional,
commercial, agricultural, or other operation.
Industrial wastewater may also include wastes of
human origin similar to domestic wastewater which
have been mixed with industrial wastes or
wastewater prior to discharge to the District's
Facilities.
U. Interceptor. A precast or cast-in-place concrete
containment device designed to intercept, trap or
otherwise prevent grease, sand, flammable liquids
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F:\DMS\KlA.DIR\0007926.03
February 21, 1991
or other substances potentially harmful to the
sewerage system from entering said system.
V. Interference. An act that harms or disrupts the
facilities, processes, or operations of the
District; or has an adverse affect on the quality
of the effluent, sludge, air emissions, or other
residuals generated by the District's facilities;
or has an adverse affect on the receiving waters;
or is likely to endanger life, health, or property
or otherwise cause a nuisance; or results in
violation of the District's NPDES permit or other
permits; or, in the opinion of the District,
otherwise adversely affects the District's ability
to meet the objectives of Section 10.04.010 of
this Ordinance.
W. National Pretreatment Standard. Any regulation
containing pollutant discharge limits promulgated
by the EPA in accordance with section 307(b) and
(c) of the Act (33 U.S.C. 1317) which applies to
Industrial Users.
x. National Pollution Discharge Elimination System or
NPDES Permit. A permit issued pursuant to Section
402 of the Act (33 U.S.C. 1342).
Y. Ordinance. The term "this Ordinance" and/or
"source control ordinance" and similar uses of the
term "ordinance" shall refer to the entirety of
Title 10 of the Central Contra Costa Sanitary
District Code, including any and all amendments
thereto.
Z. Person. Any indivldual, partnership, copartner-
ship, firm, company, corporation, association,
joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal
representatives, agents or assigns. The masculine
gender shall include the feminine, the singular
shall include the plural where indicated by the
context.
AA. pH. The logarithm (base 10) of the reciprocal of
the concentration of hydrogen ions expressed in
moles per liter of solution.
BB. Pollutant. Includes sewage or any characteristic
of sewage and any and all other waste substances,
liquid, solid, gaseous, or radioactive, associated
with human habitation, or of human or animal
origin, or from any commercial producing,
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February 21, 1991
manufacturing, or processing operation of whatever
nature.
CC. Pollution. An alteration of the quality of the
waters of the state by waste to a degree which
unreasonably affects (1) such waters for benefi-
cial use or (2) facilities which serve such
beneficial uses or which creates a hazard to the
public health.
DD. Pretreatment or Treatment. The reduction of the
amount of pollutants, the elimination of pollu-
tants, or the alteration of the nature of pollu-
tants, or the alteration of the nature of pollu-
tant properties in wastewater to a less harmful
state prior to or in lieu of discharging or
otherwise introducing such pollutants into Dis-
trict facilities. The reduction of alteration can
be obtained by physical, chemical or biological
processes, or process changes other means, except
as prohibited by 40 CFR section 403.6(d).
EE. Pretreatment Standard. Any regulation of the
District, State, or EPA containing pollutant
discharge limits or other procedural or substan-
tive requirements of the user.
FF. Slug Discharge. A discharge capable of causing
adverse impacts to the District, its workers, or
the environment, or any pollutant including an
oxygen-demanding pollutant released in a discharge
at a flow rate and/or pollutant concentration
which may cause interference with the operation of
the District's sewerage system. The discharge
will be considered a slug discharge if the flow
rate or concentrations or quantities of pollutants
exceed for any time period longer than fifteen
(15) minutes or more than five times the average
twenty-four (24) hour concentration, quantity or
flow during normal operations. A slug discharge
is considered to be a discharge of a non-routine,
episodic nature, including, but not limited to, an
accidental spill, or a non-customary batch
discharge. Batch discharges are intentional,
controllable discharges that occur periodically
within an industrial user's process (typically the
resul t of a noncontinuous process). Accidental
spills are unintentional, largely uncontrolled
discharges that may result from leaks or spills of
storage containers or manufacturing processes in
an area with access to floor drains.
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February 21, 1991
GG. Significant Noncompliance (SNC). Any violation of
pretreatment requirements which, in the opinion of
the District, constitute significant noncompliance
which shall include, but not be limited to,
instances of chronic violations of wastewater
discharge limits, slug discharges, violations of
compliance schedule milestones, failure to provide
compliance data, failure to accurately report
noncompliance, and any other violation or group of
violations that the District considers to be
significant.
HH. Standard Industrial Classification (SIC). A
classification pursuant to the Standard Industrial
Classification Manual issued by the Executive
Office of the President, Office of Management and
Budget.
II. State. State of California.
JJ. storm Water. Any flow occurring during or fol-
lowing any form of natural precipitation and
resulting therefrom.
KK. Suspended Solids. The total suspended matter that
floats on the surface of, or is suspended in,
water, wastewater or other liquids, and which is
removable by laboratory filtering.
LL. Trap. A cast iron or stainless steel containment
device used for trapping substances and to prevent
grease, sand or flammable liquids from entering
the sewerage system.
MM. Treatment Plant. Any facility owned by the
District that is designed to provide treatment to
wastewater.
NN. User. Any person who contributes or causes the
contribution of wastewater into District facili-
ties.
00. Wastewater. The liquid and water-carried
ind~strial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and
institutions, together with any ground water,
surface water, and storm water that may be
present, whether treated or untreated, which is
contributed into or permitted to enter the Dis-
trict's facilities.
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
PP. Wastewater Discharge Permit. As set forth in
Section 10.12.040 of this Ordinance.
QQ.
Waters of the State. All streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of
water, surface or underground, natural or
artificial, public or private, which are contained
within, flow through, or border upon the State or
any portion thereof.
10.04.030
Abbreviations.
The following abbreviations shall have the designated
meanings:
SIC
USC
TSS
Biochemical Oxygen Demand
California Administrative Code
Code of Federal Regulations
Chemical Oxygen Demand
Environmental Protection Agency
Liter
Milligrams
Milligrams per Liter
National Pollutant Discharge
Elimination System
Standard Industrial Classification
United States Code
Total Suspended Solids
BOD
CAC
CFR
COD
EPA
1
mg
mg/l
NPDES
10.04.040
Ministerial permit issuance.
The District Board has determined that the issuance of
wastewater discharge permits pursuant to the provisions of
this Ordinance is a ministerial act. The District Board
further finds that the act of entering into a permit
contract is non-ministerial.
10.04.050
Severability.
If any provision, paragraph, word, section or article of
this Ordinance is invalidated by any court of competent
jurisdiction, the remaining provisions, paragraphs, words,
sections, and chapters shall not be affected and shall
continue in full force and effect.
10.04.060
Conflict.
All other Ordinances and parts of other Ordinances
inconsistent or conflicting with any part of' this Ordi-
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
nance are hereby repealed to the extent of such incon-
sistency or conflict.
10.04.070
ReDeal.
The following sections of the District Code are hereby
repealed on the effective date hereof and all sections of
the District Code, Ordinances or parts of Ordinances or
the District Code inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent
with the provisions of this Ordinance. However, nothing
in this Ordinance enacting this Title is intended to
repeal, extinguish, suspend or allow to elapse any
obligation or requirement set forth in existing permits or
allow to elapse any obligation to pay fees then due under
the prior ordinances.
Sections:
10.08.010
10.08.020
10.08.030
10.08.040
10.08.050
10.08.060
10.08.070
10.08.080
10.08.090
10.08.100
10.08.110
10.08.120
.
ChaDter 10.08
REGULATIONS
Permissible discharges.
General discharge prohibition.
Prohibited effects.
Prohibited substances or characteristics.
Prohibited discharge location.
National pretreatment standards.
Specific pollutant limitations.
State and federal requirements and
standards.
District's right of revision.
Excessive discharge.
Slug discharges.
Hazardous Waste Discharges
10.08.010
Permissible discharqes.
Wastewater may be discharged into public sewers for
collection, treatment and disposal by the District
provided that such wastewater discharge is in compliance
with this Ordinance and the conditions of any industrial
wastewater permit and/or permit contract; and further
provided that the user pays all applicable District sewer
fees and charges including any penalties or charges
assessed under this Ordinance.
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February 21, 1991
10.08.020
General discharqe prohibition.
No user shall contribute or cause to be contributed, any
pollutant or wastewater which will pass through the
District's Facilities or interfere with the operation or
performance of the District's Facili ties. This
prohibition includes any type of pollutant or wastewater
as set forth in the prohibition sections of this
Ordinance. These general prohibitions apply to all users
of the District's Facilities whether or not the user is
subject to National Pretreatment standards or any other
National, state, or District pretreatment standards or
requirements.
10.08.030
Prohibited effects.
A user may not discharge, 01; cause to be discharged,
wastewater into any District Facility if it contains
substances or has characteristics which, either alone or
by interaction with other wastewater, cause or threaten to
cause:
A. Damage to District Facilities.
B. Interference or impairment of operation or
maintenance of District Facilities.
C. Obstruction of flow in District Facilities.
D. Hazard to human life.
E. Interference with treatment plant or disposal
processes, including recycling or any
reclamation processes.
F. The treatment plant's effluent or any other
product of the treatment plant such as residues,
sludge, ash or scum, to be unsuitable for recla-
mation and reuse. In no case shall substances
discharged to the District Facilities cause the
plant to be in noncompliance with sludge use or
disposal criteria, guidelines or regulations.
G. The District to violate its National Pollutant
Discharge Elimination System (NPDES) permit or the
receiving water quality standards.
H. Flammable or explosive conditions.
I. A noxious or malodorous condition, a public
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February 21, 1991
J.
K.
L.
M.
N.
10.08.040
nuisance, a hazard to life, or conditions suffi-
cient to prevent normal entry into the sewers or
other District Facilities for maintenance and
repair.
Objectionable coloration or other condition in
the quality of the District's treatment plant
influent which interferes with or passes through
treatment plant.
Conditions which violate any statute, rule,
regulation or ordinance of any public agency.
Any alteration or change of the District's
NPDES permit or any additional regulatory
supervision, intervention or oversight of the
District's operations.
Any alteration of the District's treatment
plant processes.
Any significant alteration of District operations,
including but not limited to, affecting the
ability of the District to procure adequate
insurance and/or subjecting the District opera-
tions to significantly increased potential lia-
bility.
Prohibited substances or characteristics.
A user shall not discharge, or cause to be discharged, to
a District Facility any of the following:
A. Any liquids, solids or gases which by reason of
their nature or quantity are, or may be, suffi-
cient either alone or by interaction with other
substances cause fire or damage to District
Facilities or be injurious to human health and
safety or to the operation of District Facilities.
At no time shall a wastestream exceed a closed cup
flashpoint of less than 1400 Fahrenheit or 600
Centigrade using the test method specified in 40
CFR Part 261.21. Also, at no time shall two (2)
successive readings on a combustible gas meter, at
the point of discharge into the system (or at any
point in the system) be more than five percent
(5%) nor any single reading over ten percent (10%)
of the Lower Explosive Limit (LEL) of the meter.
The meter shall be properly calibrated in
accordance with the manufacturers instructions
using pentane as the calibration standard.
Prohibited materials include, but are not limited
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February 21, 1991
to, ~dsoline, kerosene, naphtha, oenzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates,
carbides, hydr ides, sulf ides or any other
substance which is a fire or explosion hazard or
which the District or other governmental agency
has notified the user is a hazard to District
Facilities.
'B. Any solid or viscous substance in amounts or
concentrations which may cause or threaten to
cause obstruction to the flow in a sewer or pass-
through of, or interference with, the operations
of any District Facilities such as, but not
limited to, feathers, ashes, cinders, sand, spent
lime, stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains,
spent hops, waste paper, wood, plastic, tar,
asphalt residues, residues from refining or
processing of fuel or lubricating oil, petroleum
oil, non-biodegradable cutting or machine oils,
products of mineral origin, mud, cement grout,
glass, grinding or polishing wastes, grease, gar-
bage with particles greater than one-half inch
(1/2") in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings,
entrails or whole blood.
C. Any wastewater having a pH less than 5.5 or equal
to or greater than 12.5, or wastewater having any
other corrosive property capable of causing damage
or hazard to structures, equipment, humans or
animals.
D. Any wastewater containing hazardous pollutants in
sufficient quantity, either singly or by
interaction with other pollutants, to injure or
interfere with any wastewater treatment process,
constitute a hazard to human or animal health or
safety, create an adverse effect on the waters of
the state, or to exceed the limitations set forth
in a National Pretreatment Standard.
E. Any wastewater having a temperature which will
inhibit biological activity in the Treatment Plant
resulting in interference or pass through, but in
no case wastewater which causes the temperature at
the introduction into the Treatment Plant to
exceed forty degrees (400) Centigrade (one hundred
four degrees (1040) Fahrenheit unless the Treatment
Plant is designed to accommodate such temperature
or with a temperature at the point of discharge to
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February 21, 1991
,
the District's collection system which exceeds
.. o.
s1xty-f1ve degrees (65 ) Cent1grade (one hundred
fifty degrees (1500) Fahrenheit).
F. Any pollutants, including oxygen demanding pollu-
tants (BOD, COD, etc.) released at a flow rate
and/or pollutant concentration which alone or in
combination with others, may cause interference or
pass through. Regardless of whether a slug load
causes or will cause interference or pass through,
in no case shall a slug load have a flow rate or
contain concentration or quantities of pollutants
that exceed for any time period longer than
fifteen (15) minutes, more than five (5) times the
average twenty-four (24) hour concentration,
quantities, or flow during normal operation .
G. Any discharge which results in toxic gases,
vapors, or fumes in a quanti ty that may cause
acute worker health and safety problems within any
District facility.
H. Any noxious or malodorous liquids, gases or
solids.
I. Any wastewater containing any radioactive wastes
or isotopes exceeding any limits set forth in CAC,
Title 17, Section 30287.
J. Any storm water, ground water, rain water, street
drainage, subsurface drainage, yard drainage,
diatomaceous earth filter backwash, unless a
specific permit is issued by the District. The
District may approve such discharge only when no
reasonable alternative is available or such water
is determined to constitute a pollution hazard, if
not discharged to the sewer.
K. Any unpolluted water, including but not limited to
cooling water, process water or blow-down form
cooling towers or evaporative coolers or any other
unpolluted water unless a permit for such has been
obtained from the District prior to the discharge.
The District may approve the discharge of such
water only when no reasonable alternative method
of disposal is available or such alternative, in
the determination of the District, is
unacceptable.
L. Any septic tank sludge or holding tank waste
unless a permit is issued by the District or
unless such sludge or waste is transported to the
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February 21, 1991
M.
N.
O.
10.08.050
District by permitted septage hauler in accordance
with the regulations set forth in Chapter 10.28 of
this Ordinance.
Any waste defined as hazardous, by any definition
set forth in federal and/or state statutes or
regulations, unless such waste has been delisted
or decertified by the appropriate federal or state
agency, and/or a variance has been granted by the
appropriate federal or state agency, including
provisions for discharge to a District Facility,
and said variance provisions are approved by the
District.
Any substance, waste, wastewater or constituent
thereof as may be specifically prohibited or
prohibited by concentration levels as may be set
forth in local limits adopted by resolution of the
District Board and a copy of said standards having
been placed on file at the District office.
Any substance, waste, wastewater or constituent
thereof which may by itself or in combination with
other discharges cause the District to violate any
permit conditions related tq toxicity of the
effluent or otherwise cause or contribute to the
potential for toxic substances being released from
District facilities into the environment in toxic
amounts.
Prohibited discharqe location.
No user shall discharge any wastewater directly into a
manhole or other opening in the District sewage system
other than through sewer laterals or other sewer connec-
tion approved by the District, unless a permit has been
obtained for such discharge. A permit will only be issued
for such direct discharge in the event the discharge is
otherwise in compliance with provisions of this Ordinance
and no other alternative is reasonably available in the
opinion of the District.
10.08.060
National pretreatment standards.
Upon the promulgation by the EPA of the National
Pretreatment Standards, the National Pretreatment stan-
dard, if more stringent than standards imposed under this
Ordinance, shall immediately supersede the standards
imposed under this Ordinance. The General Manager shall
notify all affected users of the applicable reporting
requirements under section 10.12.050.B. and 10.12.050.C.
of the Ordinance.
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February 21, 1991
10.08.070
Specific pollutant limitations.
No person shall discharge wastewater to a District
Facility which exhibits any characteristic which is
specifically prohibited by an action of the District
Board, or any wastewater containing constituents in excess
of any specific constituent level limitations as may be
set by the District Board. Specific pollutant limitations
regarding waste characteristics and/or constituent limits
shall be adopted by resolution.
Any violation of a specific pollutant limitation as may be
set forth in a District Resolution shall subject the user
to the same administrative actions, penalties and/or
enforcement actions as would be available for any other
violation of this Ordinance. The term "Ordinance" as used
elsewhere within this Source Control Ordinance, shall be
read to include the specific pollutant limitations as may
be set forth by resolution.
10.08.080
State and federal reauirements and standards.
In the event that either or state or federal requirements
and standards for discharges to District Facilities are
more stringent than the limitations, requirements, and
standards set forth in this Ordinance, the most stringent
standard or requirement shall apply. Modifications of the
federal or state standards and requirements which are more
stringent than the limitations, standards and requirements
as set forth in this Ordinance and are promulgated
subsequent to the adoption of this Ordinance shall be
applied to discharges to District Facilities at such time
and in such manner as is set forth in Section 10.12.040 of
the Ordinance.
10.08.090
District's riaht of revision.
The District reserves the right to establish by Ordinance
or Resolution more stringent limitations or requirements
on discharges to the wastewater disposal system if deemed
necessary to comply with the Objectives presented in this
Ordinance. No revision of limitations or requirements
hereunder shall subject the District to civil liability or
penalty for interference with a vested right of any user.
10.08.100
Excessive discharae.
No user shall ever increase the use of process water or,
in any way, attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve
compliance with the limitations contained in the National
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February 21, 1991
Pretreatment Standards, or in any other pollutant-specific
limitation developed by the District or state.
10.08.110
A.
B.
C.
Sluq discharqes.
All users shall be prohibited from allowing slug
discharges, as elsewhere defined herein, from
entering the District's sewerage system.
Each user shall provide protection from slug
discharges of restricted materials or other
substances regulated by this ordinances. No user
who commences contribution to the sewerage system
after the effective date of this ordinances shall
be permitted to introduce pollutants into the
system until the need for slug discharge control
plans or procedures has been evaluated by the
District. Facilities to prevent slug discharges
of restricted materials shall be provided and
maintained at the user's own cost and expense.
Certain users will be required to prepare Slug
Discharge Prevention and Contingency Plans (SDPC)
containing at least the following information:
1. A description of the discharge practices
including non-routine batch discharges.
2. A description of stored chemicals.
3. The procedures for promptly notifying the
District of slub discharges, including any
discharge that would violate a specific
discharge prohibition with procedures for
follow-up written notification within five
(5) days.
4. If required by the District, procedures to
prevent adverse impact from accidental
spills including maintenance and inspection
of storage areas, handling and transfer of
materials, loading and unloading
operations, control of plant site run-off,
worker training, building or containment
structures or equipment, measures for
containing toxic organic pollutants
(including solvents), and/or measures or
equipment for emergency response.
5. If required by the District, follow-up
practices to limit the damage suffered by
the treatment plant or the environment.
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February 21, 1991
D.
E.
F.
10.08.120
These plans shall be submitted to the District for
review and approval. All users required to have
SDPC plans shall submit such a plan within three
(3) months and complete implementation within six
(6) months of notice regarding the requirements of
such plan. Review and approval of such plans and
operating procedures shall not relieve the user
from the responsibility to modify the user's
facility as necessary to meet the requirements of
this ordinance.
In the case of a slug discharge, it is the re-
sponsibility of the user to immediately notify the
District of the incident. The notification shall
include location of the discharge, type of waste,
concentration and volume and corrective action.
The user shall provide the District with a
detailed, written report of this incident in a
manner and within the time frame as elsewhere
provided in this ordinance.
A notice shall be permanently posted on the user's
premises advising the employees whom to call in
the event of a slug discharge. The user shall
ensure that all employees who may cause, or allow
such slug discharge to occur, are advised of the
emergency notification procedure.
Each user who violates any of the requirements of
the slug discharge program, or allows a slug
discharge to occur, shall be subject to the
enforcement provisions of this ordinance.
Hazardous Waste Discharqes.
All Industrial Users shall notify the District, the EPA
Regional Waste Management Division Director, and state
hazardous waste authorities in writing, of any discharge
to the District's facilities of a substance, which, if
otherwise disposed of, would be a hazardous waste under 40
CFR Part 261 or as otherwise defined by state statute or
regulation.
Such notification must include the name of the hazardous
waste, the EPA hazardous waste number, and the type of the
discharge (continuous, batch, or other). If the
Industrial User discharges more than 100 kilograms of such
waste per calendar month to the District's facilities, the
notification shall also contain the following information,
if known: (1) an identification of the hazardous waste
constituents contained in the waste; (2) an estimation of
the mass and concentration of such constituents in the
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February 21, 1991
wastestream discharged during that calendar month; and (3)
an estimation of the mass constituents in the wastestream
expected to be discharged during the following twelve (12)
months.
For existing Industrial Users, the above delineated
notification must be made by February 19, 1991 or pursuant
to existing federal regulations. Industrial Users who
commence discharging after that date, shall provide
notification prior to obtaining a discharge permit.
In the case of any notification made under this section,
the Industrial User shall certify that it has a program in
place to reduce the volume of toxicity of hazardous waste
generated to the degree it has determined to be
economically practical.
Nothing contained in this section of the Ordinance is
intended to modify the prohibitions set forth in Section
10.08.040.N.
Sections:
10.12.010
10.12.020
10.12.030
10.12.040
10.12.050
10.12.060
10.12.070
10.12.080
10.12.090
10.12.100
10.12.110
10.12.120
Chapter 10.12
ADMINISTRATION
Wastewater Discharges.
Responsibility of Users.
Classes of Users.
Wastewater Discharge Permit.
Reporting Requirements for Permittee and
Contract Permittee.
Monitoring.
Signatory Requirements.
Rights of Entry.
Pretreatment.
Publication of Users in Significant
Noncompliance.
Records Retention.
Confidential Information
10.12.010
Wastewater Discharqes.
It shall be unlawful to discharge without a District
permit or permit contract to any District Facility any
wastewater except as is authorized by the provisions of
this Ordinance.
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February 21, 1991
10.12.020
Responsibilitv of Users.
It shall be the responsibility of the user and/or dis-
charger to comply with all of the provisions of this
Source Control Ordinance. The omission to act by the
District and/or the failure of the District to take
cognizance of the nature of the operation of the user
and/or the properties of the user's wastewater, shall not
relieve the user of responsibility to comply with the
conditions of this Ordinance, including, but not limited
to, such requirements regarding permitting, the
pretreatment, monitoring and reporting. It shall be the
responsibility of the user to make determinations as to
the nature of its operation and wastewater flow and to
take such actions as may be required under this Ordinance
prior to any discharge of wastewater, whether or not the
user has been informed by the District of the requirements
which may apply to the user regarding its discharge.
All Industrial Users who meet the definition of Class I,
II or III and who are currently connected or contribute to
the District's facilities, or who propose to connect or
contribute to the District facilities, shall make
application for a Wastewater Discharge permit. This
application shall be made before connecting to or
contributing to the District's facilities, or within
ninety (90) days after the enactment of this Ordinance in
the event the user is currently connected and not
currently permitted. All existing Industrial Users
connected to or contributing to the District's facilities
and having a current wastewater discharge permit shall be
required to obtain a new permit or permit contract upon
the expiration of their existing permit.
10.12.030
Classes of Users.
The District will classify all users in accordance with
the principal activity conducted on the premises where the
discharge occurs. The purpose of the classification is to
facilitate regulation of discharges to District Facilities
on the basis of each user's waste quality, quantity and
flow. The classification shall further provide a means of
imposing an appropriate level of oversight, control and
enforcement according to the source of the discharge. The
classification system will also allow equitable recovery
of District capital and operating costs for the Source
Control Program. As set forth in the Definition section
of this Ordinance, there are two (2) categories of users;
to wit, domestic users and industrial users. Industrial
users are categorized as Class I, II, III or IV.
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February 21. 1991
All users are subject to the prohibitions set forth in
this Ordinance, with such federal and state statutes and
regulations as may apply, and the specific pollutant
limitations as may be promulgated by the District Board
either by ordinance or resolution.
Domestic users under normal circumstances will not be
required to apply for or receive a wastewater discharge
permit as defined in this Ordinance, providing that said
domestic user discharges only that wastewater which is
consistent with the definition of domestic wastewater set
forth herein.
Industrial users may be subject to wastewater discharge
permit requirements depending on the volume, character-
istics, and origin of their wastewater discharge.
Industrial users may be required to supply such informa-
tion and data concerning their processes, including
discharge samples, as may be necessary for the District to
determine whether such user should be designated as Class
I, II, III or IV. Industrial users must, if requested,
provide such other information regarding the nature of the
enti ty, its operations, storage and use of chemicals,
storage and use of hazardous substances, as may be reason-
ably necessary to make such determination as to the
classification of said user. The District may also
require information relating to potential for accidental
discharges to a District facility of hazardous or
prohibited substances. Such inquiries may include
information regarding the current disposal procedures of
the user with regard to chemicals and/or substances which
are not in the ordinary course of the user's operations
discharge to a District facility.
The determination by the District regarding the designa-
tion of an Industrial user as a Class I user may be based
on the unusual character of the wastewater due to its
volume, strength, composition, or its derivation from a
hazardous waste or substance, or the potential variability
in the character of the wastewater, or on the potential
for increased administrative cost to the District due to
the unusual character of the waste. Any additional
administrative costs to be considered may include
increased potential for the administrative oversight by
Federal, State and local agencies as well as the potential
for increased liability exposure and associated legal
costs. The District may also take into consideration
difficulties in enforcement of the Source Control
Ordinance under a wastewater discharge permit and the
enforcement violation and compliance history of the user
with the District, as well as other regulatory agencies.
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February 21, 1991
The determination of the District regarding the designa-
tion of an Industrial User as a Class II user may be based
on whether the discharge of the wastewater is equal to or
greater than twenty-five thousand (25,000) gallons per
average work day flow, or whether the discharge has in its
waste hazardous pollutants, or whether the discharge is
subject to national pretreatment standard, or whether it
has in its untreated wastewater pollutants which are in
excess of any pretreatment standard, including any
standard identified in this Ordinance or local limit set
by resolution of the District Board, or whether it may, in
the opinion of the District, have a significant impact,
either singularly or in combination with other
contributing industries, on the District's ability to meet
the objectives of this Ordinance.
A determination by the District regarding the designation
of an Industrial User as a Class III User may be based on
the standards set forth than the definition of a Class III
Industrial User in this Ordinance. This determination may
include, but not be limited to, the issue of whether the
user stores and/ or uses hazardous substances in such
quantities in its industrial or commercial processes as
may, in the determination of the District, have the
potential to be discharged to District Facilities by
accident or through a slug discharge, causing a measurable
increase in the amount of hazardous substances entering
the District's facilities.
A Class IV Industrial User shall include all industrial
users who are not determined by the District to be Class
I, II or III Industrial Users. Class IV Industrial Users
shall be subject to the requirements of this Ordinance;
however, they will not be required to obtain any
industrial discharge permit unless or until such time as
they are reclassified as a Class I, II or III Industrial
User.
10.12.040
Wastewater Discharqe Permit.
A.
Permit Application.
Users required, or who may be required, to obtain
a Wastewater Discharge Permit shall complete and
file with the District, an application in the form
prescribed by the District. A new Industrial
Permi t Fee may be assessed at the time of the
application. Existing industrial users (except
those with current permits) shall apply for a
Wastewater Discharge Permit within thirty (30)
days following the effective date of this
Ordinance, and proposed new users shall apply at
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February 21, 1991
least thirty (30) days prior to connecting to or
contributing to the District's Facilities. In
support of the application, the user may be
required to submit, in units and terms appropriate
for evaluation, some or all of the following
information:
1. Name and address of the operator or owner
and location of the facility for which the
permit application is being made.
2. SIC number (s) according to the Standard
Industrial Classification Manual, Bureau of
the Budget, 1972, as amended, for all
operations conducted at the facility.
3. A list of all environmental control permits
and hazardous substance release response
(spill) plants that are held by or for the
facility.
4. Time(s) and duration of all process
discharges.
5. Average daily and fifteen (15) minute peak
wastewater flow rates, including daily,
monthly and seasonal variations if any.
Flow rates shall be provided for each
regulated process stream.
6. Si te plans, floor plans, mechanical and
plumbing plans and details to show all
sewers, sewer connections, and appurte-
nances by the size, location and elevation.
7. Description of activities, facilities and
plant processes on the premises including
all materials which are or could be dis-
charged. A description of any and all
existing or proposed wastewater
pretreatment facilities. Construction
drawings and design criteria shall also be
submitted.
8. The nature and concentration of any pollu-
tants in the discharge which are limited by
the District, state, or National Pre-
treatment Standard, or which are otherwise
requested by the District. Pollutant data
shall be. provided for each regulated
process stream. In the case of an existing
user, a statement regarding whether or not
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February 21, 1991
the Pretreatment Standards are being met on
a consistent basis and if not, whether
additional operation and maintenance (O&M)
and/or additional pretreatment is required
for the user to meet applicable
Pretreatment standards.
9. The nature and concentration of any pollu-
tants in the discharge which are limited by
state or federal standards concerning the
release or discharge of any hazardous
substance or waste.
10. If additional pretreatment housekeeping,
process changes and/or operations will be
required to meet the Pretreatment
Standards; the shortest schedule by which
the user will provide such additional
pretreatment. The completion date in this
schedule shall not be later than the
compliance date established by EPA, the
state or the District for the applicable
standard.
The following conditions shall apply to
this schedule:
a. The schedule shall contain incre-
ments of progress in the form of
dates for the commencement and
completion of major events leading
to the construction and operation of
additional pretreatment required for
the user to meet the applicable
standards (e.g., hiring an engineer,
completing preliminary plans,
completing final plans, executing
contract for major components,
commencing construction, completing
construction, etc.).
b. Not later than fourteen (14) days
following each date in the schedule
and the final date for compliance,
the user shall submit a progress
report to the General Manager
including, as a minimum, whether or
not the user complied with the
increment of progress to be met on
such date and, if not, the date on
which the user expects to comply
with the increment of progress, the
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February 21, 1991
reason for delay, and the steps
being taken by the user to return
the construction to the schedule
established .
11. Each product produced by type, amount,
process or processes and rate of produc-
tion.
12. Type and amount of raw materials processed
(average and maximum per day).
13. Number, type and volume/amount of hazardous
substances stored on the premises and a
description of the variety of the method of
storage and/or the containment devise for
such substances.
14. A description of the spill protection and
emergency response procedures used or
proposed to be used at the facility.
15. Number and classification of employees, and
hours of operation of plant and proposed or
actual hours of operation of pretreatment
system.
16. A certification statement that the
information presented in the permit
application is true and accurate to the
best of the responsible person's knowledge.
17. Any other information as may be deemed by
the District to be necessary to evaluate
the permit application.
B. Permit Application Evaluation
All new prospective industrial users shall arrange
for a District representative to conduct a walk
through site inspection of the user's facilities
during the ninety (90) day period prior to
connecting to the District's facilities. New
industrial users shall submit to the District,
within ninety (90) days after commencement of
discharge to the District's facilities, an analy-
sis of said discharge delineating wastewater
consti tuents and characteristics including, but
not limited to, those mentioned in Section 10.08
of this Ordinance.
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February 21, 1991
The District will evaluate the data furnished by
the user and may require additional information.
After evaluation and acceptance of the data
furnished, the District may determine that no
wastewater discharge permit is required, or the
District may determine that the user is either a
Class I, Class II or Class III Industrial User.
If the District determines that the user is a
Class II or Class III Industrial User, the
District shall issue a wastewater discharge permit
subject to the terms and conditions provided in
this Ordinance. If the District determines that
the user is a Class I User, the District will
promulgate a wastewater discharge permit contract
subject to the terms and conditions provided in
this Ordinance.
C. Permit Conditions.
Permits may contain prOV1S1ons, requirements and
standards appropriate to carry out the Objectives
of this Ordinance, including but not limited to,
the following:
1. The unit charge or schedule of user charges
and fees for the wastewater to be
discharged to the District's Facilities.
2. Limits on the average and maximum
wastewater constituents and characteris-
tics. These limits may be based on pollu-
tant concentration and/or mass and may
include prohibitions on discharge of said
pollutants.
3. Limits on average and maximum rate and time
of discharge or requirements for flow
regulation and/or equalization.
4. Requirements for installation and mainte-
nance of sampling and flow metering facili-
ties.
5. Specifications for monitoring programs
which may include flow metering, sampling
locations, methods of sampling, frequency
of sampling, number, types and standards
for tests and reporting schedule.
6. Compliance schedules.
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February 21, 1991
7. Requirements for submission of technical
reports or Periodic Compliance Reports.
8. Requirements for maintaining and retaining
plant records relating to wastewater
discharge, hazardous waste manifests and
as specified by the District and chemical
inventories as specified by the District.
9. Requirements for notification of the
District of any new introduction of pollu-
tants or any change in plant processes or
in the volume or character of the
wastewater constituents being introduced
into District Facilities.
10. Requirements for notification of slug or
accidental discharges, including discharge
limit violations, or upset of the
pretreatment facility.
11. Requirements for providing the District
with design and construction plans and
specifications of the wastewater pretreat-
ment facility whether proposed or in
existence.
12. Requirements for providing the District
with plans and specifications of the
discharger's industrial or commercial
operation and/or processes, including such
other information as the District may
reasonably request that pertains to the
Industrial User's operation.
13. Requirements for notification of any
planned alteration of the proposed or
existing wastewater pretreatment system.
14.
Requirements for the
District of planned
operations processes
user.
notification of the
alterations of the
of the industrial
15. Requirements prohibiting bypass of the
wastewater pretreatment facility, unless
bypass is essential for maintenance, or
unavoidable to prevent loss of life, injury
or severe property damage.
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February 21, 1991
16. Requirement that the discharger notify the
District prior to any proposed bypass other
than due to accident or emergency.
17. Requirements to have emergency spill plans
on file with the District.
18. Requirements to certify that the Industrial
User has not discharged through a District
Facility hazardous substances without a
permit, which substances have been stored
or used in the User's process and which the
User contends will not, in the ordinary
course of the User's operation, enter the
sewer system.
19. Requirements for re-sampling following a
discharge violation and the submittal of
reports explaining the cause of the
violation and the steps that have been or
will be taken to prevent a reoccurrence of
the violation.
20. Requirements for providing access to
District personnel at all reasonable times
to conduct sampling and/ or inspection of
any and all processes which can contribute
to wastestream, including the actual
wastewater discharge.
21. Requirements for providing the District
with operation and maintenance records for
the wastewater pretreatment facility,
including periodic updates, as appropriate.
22. The prohibition of dilution as partial or
complete substitute for adequate treatment
to achieve compliance with permit
conditions.
23.
Signatory requirements
responsible corporate
Industrial User.
specifying
officer for
the
the
24. Other conditions as deemed appropriate by
the District to ensure compliance with this
Ordinance.
25. Technical provisions or requirements
related to the wastewater pretreatment
facility which, in the opinion of the
District, may be necessary to insure the
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F:\DHS\KLA.DIR\0007926.03
February 21, 1991
adequacy and reliability of the wastewater
pretreatment system. These technical
conditions may include conditions requiring
continuous monitoring, training personnel,
alarm systems, automated shutoff, flow
through monitoring, and/or provisions for
discharges in batch amounts only subsequent
to sample testing.
D. Permits Duration.
Permits shall be issued for a specified time
period, not to exceed three (3) years. A Permit
may be issued for a period less than a year or may
be stated to expire on a specific date. The user
shall apply for permit reissuance a minimum of
ninety (90) days prior to the expiration of the
user's existing permit. The terms and conditions
of the permit may be subject to modification by
the District during the term of the permit as
limitations or requirements as identified in
Section 10.08 are modified or other just cause
exists. The user shall be informed of any
proposed changes in his permit at least thirty
(30) days prior to the effective date of change.
Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
E. Wastewater Discharge Permit Contract.
The District shall require Class I Industrial
Users to enter into a wastewater discharge permit
contract for connecting to or contributing
wastewater to District Facilities. The wastewater
discharge permit contract shall incorporate the
provisions of this Ordinance by reference
including all requirements and standards as may be
set forth herein or promulgated by the District
Board by resolution. The wastewater discharge
permi t contract may contain all of the permit
provisions set forth in Section 10.12.040.C. In
addition, the permit contract may contain
additional provisions, including but not limited
to, the following:
1. provisions for liquidated damages for
discharges in violation of the discharge
prohibitions and limitations of this
Ordinance and/or of such special prohibi-
tions or limitations as may be set forth in
the permit contract. These liquidated
damages provisions may be proposed without
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
regard to proof of pass-through, damage to
the environment, or interference with
District facilities or operations and may
be assessed on a strict liability basis for
violation of the noted provisions.
2. Requirements for providing proof of insur-
ance, indemnification of the District, and
bonding in order to adequately protect the
District, in its judgment, from the
potential of the increased exposure to
liability due to the user's discharge.
3. provisions for termination of the permit
contract and wastewater sewer service for
violation of this Ordinance or other
wastewater permit contract conditions.
4. Any and all other conditions as may be
deemed appropriate by the District to
ensure compliance with all provisions of
this Ordinance and the objectives set forth
herein.
F. Permit Modifications.
within nine (9) months of the promulgation of a
National Pretreatment Standard, the Wastewater
Discharge Permit or Permit Contract of users
subject to such standards shall be revised to
require compliance with such standard within the
time frame prescribed by such standard. Where a
user, subject to a National Pretreatment Standard,
has not previously submitted an application for a
Wastewater Discharge Permit as required by Section
10.12.050.B. of this Ordinance, the user shall
apply for a Wastewater Discharge Permit within one
hundred eighty (180) days after the promulgation
of the applicable National Pretreatment Standard.
In addition, the user with an existing Wastewater
Discharge Permit or Permit Contract shall submit
to the General Manager within one hundred eighty
(180) days after the promulgation of an applicable
Federal Pretreatment Standard the information
required by Section 10.12.040.A.
G. Permit and Contract Transfer.
Wastewater Discharge Permi ts and Wastewater
Discharge Permit Contracts are issued to a spe-
cific user for a specific operation. A wastewater
discharge permit shall not be reassigned or
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February 21, 1991
..
10.12.050
A.
transferred or sold to a new owner, new user,
different premises, or a new or changed operation
without the prior approval of the District.
However, nothing in this section shall be
construed to prevent the application of the terms
and conditions of this Ordinance, including
enforcement penalties, from applying to a
succeeding owner, successor in interest, or other
as signs of an existing contract of permit holder.
Reoortina Reauirements for Permittee and Contract
Permittee.
Notification of Slug Load or Accidental Discharge
or Accidental Spill.
It is the responsibility of the user to immedi-
ately telephone and notify the District of any
slug load or accidental discharge as defined in
Section 10.08.040.F. of this Ordinance. Notifica-
tion shall include location of discharge, type of
waste, concentration and volume and correcti ve
actions.
1. written Notice.
Within five (5) days following the acci-
dental discharge or slug load, the user
shall submit to the General Manager a
detailed written report describing the
cause of the incident and the measures to
be taken by the user to prevent similar
future occurrences. Such notification
shall not relieve the user of any expense,
loss, damage, or other liability which may
be incurred as a result of damage to
District Facilities, fish kills, or any
other damage to person or property; nor
shall notification relieve the user of any
fines, penalties, or other liability which
may be imposed by this Ordinance or other
applicable law.
2. Notice to Employees.
Users who are employers shall permanently
post a notice on their bulletin board or
other prominent place advising employees of
the user whom to call in the event of such
a discharge. The user shall ensure that
all employees who may cause or suffer such
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F:\OMS\KLA.01R\0007926.03
February 21, 1991
I
discharge to occur are advised of the
emergency notification procedure.
B. Baseline Report.
All Class I and II industrial users, subject to
Categorical Pretreatment Standards, shall submit
to the District a Baseline Report within one
hundred and eighty (180) days of the effective
date of a Categorical Pretreatment Standard or one
hundred and eighty (180) days after final decision
on a category determination by EPA or the State,
whichever is earlier. The Baseline Report shall
contain the information specified in 40 CFR
403.l2(b). The information required for
application for a permit under section
10.12.040.A. and/or for modification of a permit
under Section 10.12.040.F. of this Ordinance may
fulfill the requirements of the Baseline Report.
If in submitting information to apply for or
modify a permit, the user also intends to fulfill
the requirements for the Baseline Report, the user
shall so state.
C. Compliance Report.
within ninety (90) days following the date for
final compliance with applicable Pretreatment
Standards or Requirements or, in the case of a new
user connection, following commencement of the
introduction of wastewater into District
Facilities, any user subject to Pretreatment
Standards and Requirements shall submit to the
District a report indicating the nature and
concentration of all pollutants in the discharge
from the regulated process which are limited by
Pretreatment Standards and Requirements, the
average and maximum daily flow for these process
units, and the actual average production rate for
these process units. The report shall state
whether the applicable Pretreatment Standards or
Requirements are being met on a consistent basis
and, if not, what additional operational and
maintenance changes and/or pretreatment is neces-
sary to bring the user into compliance with the
applicable Pretreatment Standards or Requirements.
This statement shall be signed by an authorized
representative of the Industrial User, and a
certified qualified professional. Filing of this
Compliance Date Report cannot relieve the user of
any fines, civil penalties or other liability
which may be imposed by this Ordinance or other
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F:\DMS\KlA.DIR\0007926.03
February 21, 1991
applicable law or failure to meet the applicable
Pretreatment Standards or Requirements subsequent
to the date for final compliance with such
applicable standard.
D. Periodic Compliance Reports.
1. Class I and II Industrial Users shall
submi t a report to the District twice a
year or more frequently as specified in the
Permit or Permit Contract. Class III
Industrial Users may be required to submit
periodic compliance reports depending on
the nature of their discharge. Periodic
Compliance Reports should be submitted
within forty-five (45) days of collection
of the wastewater samples. The Compliance
Report shall contain such information as
may be deemed by the District to be
necessary to insure compliance with the
provisions of this Ordinance. Compliance
Reports shall, at a minimum, contain the
following:
a. The nature and concentration of
pollutants which are limited by
Pretreatment Standards or which are
specif ied in the Permit or Permit
Contract for each regulated stream.
b. A record of average daily flow
for the reporting period for each
regulated stream.
c. Such other wastewater effluent data
as the user has obtained since the
last compliance report, whether or
not that data is specifically
required by the user's Permit or
Permit Contract.
d. Methods utilized by the user in
collecting the wastewater sample for
analysis, including but not limited
to the sampling device(s} used, the
sampling period, the amount of each
sample collected, sample handling
and preservation techniques used,
and date of sample delivery to the
laboratory for analysis.
e. In the event a sample from a
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February 21, 1991
I
periodic compliance report indicates
that a constituent is in violation
of the allowable concentration
levels as set forth in the user's
Permit or Permit Contract, the user
shall inform the District within the
next business day, repeat the
sampling and pollutant analysis for
the parameter in violation, and
submit in writing the results of
this second analylsis within thirty
(30) days of the discovery of the
first violation. The initial
sampling and analysis report shall
be submitted within forty-five (45)
days of the initial sampling date
with a cover report setting forth
the causes of the violation, the
remedial actions taken to date in
regard to the violation, and the
scheduled additional actions which
will be implemented to prevent a
reoccurrence.
2. The District may also at any time require a
signed statement by the user setting forth
management practices and/or material usage
practices which have an effect on the
nature, volume and quality of the
wastewater discharge and/or which poten-
tially will affect the ability to comply
with Pretreatment Standards Requirements.
3. The District may impose mass limitations on
users where the imposition of mass
limitations are appropriate. In such
cases, the report required under subpara-
graph (a) above shall indicate the mass of
pollutants regulated by Pretreatment
Standards in the efflu.ent of the user.
These reports shall contain the results of
all sampling and analysis of the discharge,
including the flow, concentration and mass
of pollutants regulated by the applicable
Pretreatment . Standard. The user shall
provide the actual average production rate
of the regulated processes during the
reporting period.
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February 21, 1991
10.12.060
A.
Monitoring.
Monitoring Requirements.
Any user may be, required to provide wastewater
samples and/or monitoring results or to submit to
monitoring by the District to assist the District
in establishing the appropriate class of the user
and/or to evaluate compliance with the standards
and requirements of this Ordinance.
1. Classification Sampling. All industrial
users may be required to sample and analyze
their discharge to determine the
appropriate class of the user.
Classification sampling shall be at the
District's request. The number and type of
samples and pollutants analyzed shall be as
specified by the District in order to
adequately characterize the users
discharge(s).
2. Baseline Sampling. All Class I and II
industrial users shall sample and analyze
their discharge as part of a permit
application or modification of a permit as
specified in Sections 10.12.040.A. and
10.12.040.F. of this Ordinance. In
addition, all Class I and II industrial
users required to submit Baseline Reports,
ax specified in Section 10.12.050.B. of
this Ordinance, shall sample and analyze
their discharge in accordance with the
requirements of 40 CFR 403.12(b). Samples
shall be analyzed for constituents or
characteristics including, but not limited
to, those mentioned in Section 10.08 of
this Ordinance and/or in applicable State
or National Pretreatment Standards or as
otherwise required by the District.
3. Initial Compliance sampling. All Class I
and II industrial users shall sample and
analyze their discharge for the Compliance
Report as specified in Section 10.12.050.C.
of this Ordinance. Samples shall be
analyzed for those pollutants regulated in
the applicable Pretreatment Standard or as
otherwise required by the District.
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February 21. 1991
I
4. Periodic Compliance Sampling. All Class I
and II industrial users shall sample and
analyze their discharge to evaluate
compliance with the user's permit or permit
contract. Periodic compliance monitoring
shall be conducted at least twice each year
uniess specif ied more frequently in the
user's permit or permit contract or in the
applicable National Pretreatment standard.
Samples shall be analyzed for those
pollutants regulated in the applicable
Pretreatment Standard or as otherwise
required by the District.
5. Confirmation Sampling. Whenever sampling
results indicate that the user's discharge
is in violation of any Pretreatment
Standard, the user shall collect a second
sample to assess the degree of violation.
For the second sample, the user need only
analyze for the pollutant(s) found to be in
violation. The user shall provide the
District with the results from the
confirmation sampling within thirty (30)
days of the date the violation was
discovered.
6. Sampling and Evaluation Program. If
confirmation sampling indicates a second
violation, then the District may initiate a
Sampling and Evaluation Program (SEP). The
SEP will be conducted by the District and
may include collection of from three (3) to
five (5) samples. The SEP will establish
whether there is continued noncompliance by
the user. Samples collected during the SEP
may be analyzed for other pollutants in
addition to the pollutant(s) in violation.
7. Other Compliance Sampling. All Class I, II
and III industrial users may be required by
the District to conduct compliance sampling
in addition to those described above. This
could include, but is not limited to,
sampling required by the District in an
Enforcement Compliance Schedule Agreement.
8. District Sampling. The District may
collect and analyze samples on its own or
request the user to split samples to
evaluate compliance with this Ordinance or
the user's permit or permit contract. The
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February 21, 1991
District also reserves the right to conduct
all sampling and analysis for the user with
all costs to be paid by the user. In the
event that data obtained by the District
differs from data provided by the user, the
District's data shall be presumed accurate
unless and until the user provides
substantial evidence otherwise.
B. Sampling Procedures
All sampling and testing undertaken for the
purpose of compliance with the sampling and
reporting requirements of this Ordinance shall be
undertaken in the manner set forth herein. Except
as otherwise provided in this section, each sample
shall be a composite, discreet sample, which
reflects the discharge of the user's regulated
wastestream(s) throughout the entire work day or
twenty-four (24) hour period. Samples for pH,
cyanide, sulfide, phenols, oil and grease, and
volatile organics shall be grab samples. Minimum
frequency for composite samples shall be each
hour, and for grab samples, at least every four
hours. Each regulated wastestream shall be
sampled and analyzed separately unless the user's
Permit or Permit Contract allows for sampling and
analyzing the combined wastestreams.
The methods of obtaining the sample shall be
specified by the District in the user's permit or
permit contract. As an alternative, a sampling
program proposed by the user shall be submitted to
the District for review prior to initiating said
program. The District may state special sampling
requirements as needed to insure compliance with
this Ordinance.
C. Analytical Procedures
All samples shall be preserved and analyzed in
accordance with the procedures presented in the
Code of Federal Regulations, Title 40, Part 136
(Guidelines Establishing Test Procedures for the
Analysis of Pollutants) . Unless approved
otherwise by the District, all analyses shall be
performed by a laboratory(s) certified by the
State for the specific pollutants and matrix to be
analyzed.
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February 21, 1991
D. Sampling Records
For each sampling event the user shall record and
maintain the following information:
1. The date, exact place, method, and time of
sampling and the names of the person or
persons taking the samples.
2. Sample preservation used.
3. The dates analyses were performed.
4. Chain of custody of sample.
5. Who performed the analyses.
6. The analytical techniques/methods used.
7. The results of such analyses.
E. Monitoring Facilities
The District may require to be provided and operated at
the user's own expense, monitoring facilities to allow
inspection, sampling, and flow measurement of regulated
discharge. The monitoring facility shall be accessible to
District staff at all times and should normally be
situated on the user's premises, but the District may,
when such a location would be impractical or cause undue
hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that
it will not be obstructed by landscaping or parked
vehicles.
There shall be ample room in or near such sampling manhole
or facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling, and
measuring equipment shall be maintained at all times in a
safe and proper operating condition at the expense of the
user.
Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in
accordance with the District requirements and all appli-
cable local construction standards and specifications.
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February 21. 1991
10.12.070
Siqnatorv Requirements.
All applications, reports or other information submitted
to the District must contain the following certification
statement:
"I certify under penalty of law that this
document and all attachments were prepared
under my direction or supervision and in
accordance with the system designed to
insure that qualified personnel properly
gather and evaluate the information
submi tted. Based on my inquiry of the
person(s) who manage the system, or those
directly responsible for gathering the
information, the information submitted is,
to the best of my knowledge and belief,
true, accurate and complete. I am aware
that there are significant penalties for
submitting false information, including the
possibility of fine and/or imprisonment for
knowing violations."
This statement shall be signed by an authorized
representative of the Industrial User as defined in 40 CFR
403.12(1) (1-4).
10.12.080
Rights of Entry.
The District has the right of inspection of the facilities
of any user to ascertain whether the Objectives of this
Ordinance are being met and all standards and requirements
are being complied with. Persons or occupants of premises
where wastewater is generated or discharged, or where
hazardous substances or hazardous wastes are present,
shall allow the District or their representative ready
access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling,
analysis, records examination or in the performance of any
of their duties. The District, state and EPA or their
authorized representative, shall have the right to set up
on the user's property such devices as are necessary to
conduct sampling inspection, compliance monitoring and/or
metering operations. Where a user has security measures
in force which would require proper identification and
clearance before entry onto their premises, the user shall
make necessary arrangements with their security guards so
that upon presentation of suitable identification,
personnel from the District, state and EPA or their
authorized representatives, will be permitted to enter,
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
without delay, for the purposes of performing their
specific responsibilities.
Such inspection(s) shall be made with the consent of the
owner or possessor of such facilities or, if such consent
is refused, with a warrant duly issued pursuant to the
procedures set forth in Title 13 (commencing with Section
1822.5) of part 3 of the Code of civil Procedure;
provided, however, that in the event of an emergency
affecting public health or safety, such inspection may be
made without consent or the issuance of a warrant. To the
extent that the owner or possessor of the premises
requires that a warrant be received, the District may, in
its discretion, suspend the permit and/or any other right
to discharge to sanitary facilities immediately, and such
suspension may continued until such time as a warrant has
been received and the inspection has been completed. If
no violation of this ordinance, the District Code or the
permit, if applicable, are found, the suspension shall be
lifted. In the event that violations of this Ordinance,
District Code, or the permit, if applicable, are found,
then the suspension may, in the discretion of the
District, be continued or terminated, or other enforcement
remedies may be sought.
The District may choose to inspect the facility to
determine compliance with all standards set forth in this
Ordinance, the District Code and permit, if applicable,
and additionally, such inspections may be undertaken to
verify the wastewater flows and strengths reported by the
discharger.
10.12.090
Pretreatment.
Users shall provide necessary wastewater treatment as
required to comply with this Ordinance and shall achieve
compliance with all National Pretreatment Standards within
the time limitations as specified by the Federal
Regulations, or this Ordinance or the permit or permit
contract whichever is earliest. Any facilities required
to pretreat wastewater to a level acceptable to the
District shall be provided, operated, and maintained at
the user's expense. Detailed plans Showing the
pretreatment facilities and operating procedures shall .be
submitted to the District for review, and shall be
acceptable to the District before construction of the
facility. The review of such plans and operating
procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to
produce an effluent acceptable to the District under the
provisions of this Ordinance. Any subsequent changes in
the pretreatment facilities or method of operation shall
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
be reported to and be acceptable to the District prior to
the user's initiation of the changes.
10.12.100
Publication of Users in Significant Noncompliance.
Pursuant to federal requirements, the District shall
annually publish in a local newspaper a list of the users
which were in significant noncompliance with any Pretreat-
ment Requirements or Standards during the twelve ( 12)
previous months. The notification shall also summarize
any enforcement actions taken against the user(s) during
the same twelve (12) months.
10.12.110
Records Retention.
All records relating to compliance with Pretreatment
Requirements and Standards shall be made available to
officials of the EPA, state and District, or their
authorized representatives. These records shall be
retained for a minimum of three (3) years from the date of
the Compliance Report to which these records are
applicable or three (3) years from the date any
investigation or enforcement action undertaken by the Dis-
trict, State or EPA has been concluded.
10.12.120
Confidential Information.
Information and data on a user obtained from reports,
questionnaires, permit applications, permits, monitoring
programs, and from inspections shall be available to the
public or other governmental agency without notification
unless the user specifically requests confidentiality and
is able to demonstrate to the satisfaction of the District
that the release of such information would divulge
information, processes or methods of production entitled
to protection as trade secrets of the user.
When requested by a user furnishing information to the
District, the portions of that information which might
disclose trade secrets or secret processes shall not be
made available for inspection by the public but shall be
made available upon written request to other governmental
agencies for uses related to this Ordinance, the National
Pollutant Discharge Elimination System (NPDES) and/or the
pretreatment program. Those portions of the information
shall also be available for use by the State or any state
agency in judicial review or enforcement proceedings
invol ving the user furnishing the information. Wastewater
consti tuents and characteristics will not be recognized as
confidential information.
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
I
sections:
In any event, information accepted by the District as
confidential, shall not be transmitted to anyone,
including a governmental agency, until and unless a ten-
(10) day notification is given to the user.
Chaoter 10.16
ENFORCEMENT
10.16.010
10.16.020
10.16.030
Enforcement Mechanisms.
Informal Administrative Actions.
Administrative Orders and Compliance
Schedules.
Noncompliance with Permit and/or Permit
Contract Requirements and Other Applicable
Fees.
Assessment of Charges for Obstruction or
Damage to District Facilities or
Operations.
Suspension or Termination of Service.
civil Action.
Criminal Action.
Notification Procedures.
Costs.
Responding to Significant Noncompliance.
10.16.040
10.16.050
10.16.060
10.16.070
10.16.080
10.16.090
10.16.100
10.16.110
10.16.010
Enforcement Mechanisms.
It is the intent of this Enforcement section to provide
adequate mechanisms to achieve a maximum degree of
compliance with this Ordinance by all users. These
enforcement provisions apply to all classes of users to
the extent such user violates any provision of this
Ordinance or administrative order of the District pursuant
to this Ordinance. In order to achieve the maximum degree
of compliance desired, the District will use a variety of
enforcement mechanisms. The enforcement mechanisms set
forth range from informal administrative action to formal
criminal prosecution. The District may, in its
discretion, implement the use of any mechanism or the
concurrent use of several mechanisms in order to enforce
the provisions of this Ordinance. The enforcement
mechanisms provided herein are cumulative as to one
another and cumulative in respect to such other
enforcement mechanisms or civil and criminal penalties as
may be otherwise available under the laws of the state of
California and the United States of America. Nothing in
this Ordinance is intended to prevent state and/or federal
regulatory agencies from undertaking enforcement actions
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February 21, 1991
as may otherwise be available due to a violation of this
Ordinance which also constitutes a violation of federal or
state statutes and regulations.
The enforcement mechanisms available to the District for
violations of the provisions of this Ordinance, applicable
District resolutions and permit or permit contract
provisions are the following:
A.
B.
C.
D.
E.
F.
G.
H.
10.16.020
Informal administrative action.
Administrative orders and compliance schedules.
Imposition of fees for non-compliance with
Permit or Permit Contract requirements.
Imposition of penalties for non-compliance with
administrative orders.
Assessment of charges for obstruction or damage to
District facilities or operations.
Suspension or termination of services.
Civil action.
criminal action.
Informal Administrative Actions.
District staff may, on an informal basis, take action
against a discharger for minor violations or technical or
clerical shortcomings of a user or a user's compliance
submittals. These informal administrative actions may
include informal notices (i. e. telephone calls to the
user's representative), informal meetings or informal
warning letters. Such action may not prevent a subsequent
or concurrent imposition of non-compliance fees or other
enforcement mechanisms.
10.16.030
Administrative Orders and Compliance Schedules.
When the District finds that a user has violated the
prohibitions or requirements of this Ordinance, or the
provisions of a Wastewater Discharge Permit or Wastewater
Discharge Permit Contract, the District may issue an
administrative order directed at those users not complying
with such prohibitions, limitations, requirements or
provisions to (1) cease to discharge immediately; (2)
comply with requirements immediately; or (3) make such
changes to their pretreatment facility and procedures
immediately as to insure full compliance.
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February 21, 1991
The District may also issue, under the circumstances set
forth above, an order containing a compliance schedule or
a time schedule setting forth dates by which specific
corrective actions must be completed.
10.16.040
Non-compliance with Permit and/or Permit Contract
Reauirements and Other Applicable Fees.
A. Noncompliance fees: Pollutant limitation viola-
tions.
If a periodic compliance sampling performed by the
user or the District reveals non-compliance by the
discharger with the prohibitions or specific
pollutant limitations contained in this Ordinance,
the permit or permit contract, resolutions by the
District Board, or which violates specific
National Pretreatment standards or State standards
on discharges, then the user shall pay fees to the
District as specified hereunder.
1. The fees for noncompliance shall be as
follows:
a. Two Hundred Dollars ($200) per pound
for each pound of any constituent in
excess of the discharge standard
with the exception of toxic
organics, pesticides and PCB's,
Phenol, pH, and radioactivity or the
daily violation minimum damages set
forth in section 10.16.040.A.2.f.
b. Four Hundred Dollars ($400) per
pound for each pound of toxic
organics, pesticides and PCB's and
Phenol in excess of discharge
standards, or the daily violation
minimum damages set forth in Section
10.16.040.A.l.f.
c. For the purposes of Sections
10.16.040.A.1.a. and b., the
violation of the discharge standards
set forth in the permit or permit
contract shall be presumed to occur
on the date the samples are taken
and for an additional four (4) days
unless the discharger demonstrates
with substantial evidence that the
violation only occurred for a lesser
period. The determination as to the
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
number of pounds in excess of the
discharge standard will be from the
concentration (mgjl) of the
constituent in excess of the
discharge standard multiplied by the
volume of discharge for a five-day
(5) period. In the event no
reliable daily flow data is
available, the District may estimate
the actual volume discharged to the
sewer during the five-day
noncompliance period for purposes of
calculating the noncompliance
penalty.
d. For violations of the pH limit, the
per day fees are as set forth in
Table I below.
e. Three Hundred Dollars ($300) per day
for each violation of the
radioactivity limit.
f. As an al ternati ve to the fees set
forth in 10.16.040.A.l.a. and b.,
and in accordance with
10.16.040.A.l.c, a minimum daily
violation fee shall be used. This
minimum daily violation fee shall be
imposed if the per pound fee set
forth in Sections 10.16.040.A.l.a.
through 10.16.040.A.l.c. is not
reasonably ascertainable and in any
event where the per day minimum fee
exceeds the per pound penalty.
1.
For the purpose of this
Section, a fee of Three
Hundred Dollars ($300) shall
be imposed for each violation
of the Constituent violation
of the constituent limit for
the first violation of that
constituent limit during the
term of the permit or permit
contract. This fee shall not
exceed a total of Fi ve
Hundred Dollars ($500) for
multiple first-time
violations of any constituent
limit resulting from a single
day's sample.
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February 21, 1991
ii.
iii.
-47-
Second or subsequent
violations of this same
constituent limit during the
term of the permit or permit
contract will result in a
minimum fee of Four Hundred
Dollars ($400) for each
violation of the constituent
limit resulting from a single
day's sample. The maximum
fee which shall be imposed
for multiple violations of
any constituent limits from a
single day's sample, where
one or more of the individual
constituent violations
consti tute second or
subsequent violations of that
constituent, shall be One
Thousand Dollars ($1,000) per
day, excepting such fees as
may result from violations of
an Enforcement Compliance
Schedule as indicated in
Section 10.16.040.A.1.d.
Whenever periodic compliance
samples or the District's
unannounced samples indicate
a significant noncompliance
(SNC) , the District may
undertake a sample and
evaluation program. This
program will consist of
District sampling of the
discharger's wastewater at
the first opportunity
convenient to the District.
Daily samples may be taken
each day for up to five (5)
days. The Distr ict or
outside laboratory will
analyze these samples for the
violating constituents and
provide notice to the
Discharger in regard to the
results of said sampling.
Violations which may occur
during the sample and
evaluation program shall
constitute subsequent
violations for purposes of
F:\DMS\KLA.DIR\0007926.03
February 21, 1991
the minimum daily fee,
however, the maximum fee
which will be assessed for
all violations incurred
during a single five sample
evaluation program shall not
exceed Two Thousand Dollars
($2,000) .
iv. In the event a sampling and
evaluation program indicates
a need for corrective actions
to be undertaken, the
District may place the
discharger on a compliance
schedule or undertake another
sampling and evaluation
program. A compliance
schedule shall provide for
minimum required actions to
be undertaken by the
discharger to alleviate the
violation and a schedule for
completion of said actions.
This compliance schedule may
include interim constituent
level maximums. All
violations of consti tuent
maximums or other
requirements set forth in the
compliance schedule,
including failure to meet
schedule dates, will subject
the violator to a fee of One
Thousand Dollars ($1,000) per
violation. Each day in which
the discharger fails to meet
a schedule date may, in the
discretion of the District,
constitute a separate
violation. Any violation of
a constituent limit during
the compliance schedule
period may also result in the
implementation of an
additional sample and
evaluation program.
2. In addition to the penalty fees set forth
in Section 10.16.040.A.l. above, a
"significant" violation of the discharge
standard may result in the immediate
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
termination of the discharger's permission
to discharge, at the discretion of the
District. The termination of permission to
discharge may be for a set period or for
the entire remaining term of the permit or
permit contract, at the discretion of the
District. Any violation of the discharge
standards where a constituent concentration
is determined to be five times the
concentration standard set forth in Exhibit
"A" shall be determined to be a
"significant" violation. Any series of
three or more violations of the same
constituent within a one-year period, shall
constitute a "significant" violation.
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February 21, 1991
TABLE I
FEES FOR NON-COMPLIANCE WITH oH RANGE PERMIT CONDITIONS
*pH noncompliance will be based on a grab sample. If an
initial grab sample reveals noncompliance, a second grab
sample will be taken within a reasonable period of time in
the presence of the permittee when practicable. The fees
for noncompliance shall be based upon the more severe
noncompliance determination.
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F:\OMS\KLA.OIR\0007926.03
February 21, 1991
,
B. Preliminary Determination of Non-compliance with
Permit Requirements.
Non-compliance with permit or permit contract
discharge requirements may be determined by an
analysis of a sample of the effluent of a dis-
charger for a constituent or condition specified
in the user's permit. If the effluent of a user
is found by the analysis of the sample to be in
excess of the concentrations or conditions speci-
fied in the permit or permit contract, or concen-
trations or conditions incorporated by reference
therein, noncompliance fees as set forth in
Section 10.16.040 shall be levied. The user shall
notify the District, as specified in section
10.16.090. B of this Ordinance, of the violation
and shall collect a second sample of the effluent
for analysis. Pursuant to 10.12.060.A.5, the user
shall provide the District with the results of the
second sample within thirty (30) days of the date
the violation was discovered. If the second
sample reveals non-compliance, then the Sampling
and Evaluation Program may be initiated by the
District.
C. Sampling and Evaluation Program.
1. If the Sampling and Evaluation (S&E)
Program reveals non-compliance by the user
with the prohibitions or specific pollutant
limitations specified in this Ordinance or
in the user's Permit or Permit Contract,
the user shall pays fees as specified above
and may be assessed all other costs
incurred during the S&E Program for
sampling and analysis, including labor,
equipment, materials, outside services and
overhead.
2. If non-compliance by the user with the
prohibitions or limitations of this Ordi-
nance or of the user's Permit or Permit
Contract is determined fOllowing the
initiation of an S&E Program, the District
may implement one of the following
enforcement actions:
a. Amend the existing permit through an
Enforcement Compliance Schedule
Agreement (ECSA). This may be done
after consultation with the user and
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February 21, 1991
when the user has shown good faith
in trying to comply but requires
additional time for construction
and/or acquisition of equipment
related to pretreatment. The permit
may be amended with the ECSA for a
period up to one hundred and eighty
(lSO) days; however, this period may
be extended for a period not to
exceed an additional one hundred and
eighty (lSO) days upon determination
by the General Manager/Chief
Engineer that good cause exists for
an additional period. No further
extensions shall be granted except
upon approval of the Board of
Directors.
b. If a discharger remains in noncom-
pliance because corrective action is
not taken within a reasonable time
after completion of the S&E Program
or the expiration of the ECSA, then
an Administrative Order may be
issued. Additionally, any of the
other enforcement actions as
outlined in this chapter may also be
commenced. The payment of non-
compliance fees will not bar the
District from undertaking such
enforcement procedures as are
otherwise set forth herein.
D. Noncompliance Fees: Violations other than for
Specific Pollutant Limitations
The user who violates an order of the District or
who fails to comply with any provision of this
Ordinance or the orders, rules, regulations,
Permit and Permit Contract, issued hereunder
(other than for violations of pollutant
limitations as set forth in Section 10.16.040.A,
shall be subject to a fee of not less than One
Hundred Dollars ($100) or more than One Thousand
Dollars ($1,000) for each such non-compliance
violation. Each day on which a violation shall
occur or continue shall be deemed a separate and
distinct non-compliance violation. Nothing in this
paragraph shall restrict or limit the District
from assessing charges for damages to District
Facilities or operations and/or taking other
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F:\DMS\KLA.DIR\0007926.03
February 21. 1991
enforcement action as may be determined by the
District to be appropriate.
10.16.050
Assessment of Charges for Obstruction or Damaqe to
District Facilities or Ooerations.
When a user's discharge, whether due to negligence,
accident, spill or otherwise, causes an obstruction,
damage or any other impairment to the District's operation
or facilities, the District may impose a charge on the
user for the cost to clean or repair the facility, or
costs incurred to resume normal operations. An
administrative service fee of twenty-five percent (25%) of
the District's costs may be added to these charges. The
total amount shall be paid within forty-five (45) days of
invoicing by the District. If it can be shown that the
user's discharge caused or significantly contributed to
the District violating its discharge requirements or
incurring additional expenses or suffering loss or damage
to the operation or facilities, then the user shall be
responsible for any costs or expenses, or a prorated
portion of such expenses, including assessments or
penalties imposed by other agencies or the court on the
District.
10.16.060
Suspension or Termination of Service.
A.
Suspension of Service.
The District may suspend the wastewater treatment
service and/or a wastewater discharge permit or
permit contract by issuance of a Cease and Desist
Order when the District makes the determination
that such suspension is necessary. A suspension
shall be justified in order to prevent an actual
or threatened discharge which presents or may
present an imminent or substantial endangerment to
the health or welfare of individuals or the
environment, causes or may cause interference to
the treatment plant or other District operations,
or causes or may cause the District to violate any
condition of its NPDES permit. Additionally, a
permit may be suspended for any of the conditions
set forth justifying revocation of permit or
termination of permit contract as set forth in
Section 10.16.060. B. Nothing in this paragraph
will limit the rights of the District to suspend
or terminate service pursuant to specific permit
or permit contract conditions which may be more
stringent.
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February 21, 1991
Any industrial user notified of a suspension of
service and/or the wastewater discharge permit or
permi t contract shall immediately stop or
eliminate the discharge. In the event of a
failure of the user to comply voluntarily with the
administrative order, the District shall take such
steps as deemed necessary to prevent or minimize
damage to the District's facilities or
endangerment to persons or the environment. The
District may reinstate the wastewater discharge
permit, permit contract, and/or the wastewater
treatment service upon proof of the elimination of
the non-complying discharge.
B. Revocation of Permit/Termination of Permit Con-
tract.
Any user who violates the following conditions is
subject to having its Permit revoked or Permit
contract terminated:
1. Any user who knowingly gives or provides a
false statement, representation, record,
report, plan or other document to the
District or falsifies, tampers or knowingly
renders inaccurate any monitoring device or
method required under this Ordinance;
2. Failure of a user to factually and
completely report the wastewater constitu-
ents and characteristics of his discharge;
3. Failure of the user to report significant
changes in operations, or wastewater
constituents and characteristics;
4. Refusal of reasonable access to the user's
premises for the purpose of inspection or
monitoring;
5. Failure of a user to notify the District
immediately of accidental discharge and/or
take appropriate corrective action to
prevent a reoccurrence;
6. Failure of a user to file a periodic
compliance date report or periodic
compliance report in such time and in such
manner as is required by this Ordinance;
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February 21, 1991
,
7. Violation of the permit or permit contract
requirements or conditions and/or violation
of this Ordinance;
8. Failure to pay fees and charges, including
non-compliance fees or other penalties
established pursuant to this Ordinance.
10.16.070
civil Action.
The District Board may direct District counselor other
special counsel to bring such civil actions as may be
available at law or in equity in any court of competent
jurisdiction to enforce the provisions of this Ordinance
and to recover such charges, fees, penalties and/or
damages as may be assessed or may be incurred under the
provisions of this Ordinance.
A. Injunction.
Whenever a discharge of wastewater is in violation
of the provisions of this Ordinance, the District
may petition the Superior Court for issuance of a
preliminary of permanent injunction, or both, as
may be appropriate in restraining the continuance
of such discharge.
B. civil Actions for Penalties.
Any user who violates any provision of this
Ordinance, permi t condition or permit contract
condition, or who violates any Cease and Desist
Order, prohibition or effluent limitation, shall
be liable civilly for a penalty not to exceed six
Thousand Dollars ($6,000) for each day in which
such violation occurs pursuant to California
Government Code Section 5474D. District counsel,
or other special counsel designated by the Board,
upon order of the District Board, shall institute
such actions as may be appropriate in the Superior
Court to impose, assess and recover such
penalties.
C. Other civil Actions.
The District may require compliance with permit
conditions or limitations by issuing administra-
tive orders, including Cease and Desist Orders,
and compliance schedules. Said orders are en-
forceable in a California court of general juris-
diction. The District, however, may directly
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
10.16.080
undertake any court action available at law or
equity, including but not limited to a civil
action for penalties without first seeking an
administrative order or making use of a compliance
schedule, and it may concurrently undertake such
administrati ve and court actions as deemed
appropriate.
criminal Action.
A.
General Criminal Penalties.
Any person who violates any provision of this
Ordinance, permi t, or permi t contract, or who
violates any Administrative Order, prohibition or
effluent limitation, is guilty of a misdemeanor,
and upon conviction is punishable by a fine not to
exceed One Thousand Dollars ($1,000) or
imprisonment for not more than thirty (30) days in
the County jail, or both. Each day a violation
occurs may constitute a new and separate offense
and may subject the violator to an additional full
measure of penalties as set forth herein.
B. Falsifying Information.
Any person who knowingly makes any false state-
ments, representations, or certification in any
application, record, report, plan or other docu-
ment filed or required to be maintained pursuant
to this Ordinance, or wastewater discharge permit,
wastewater discharger permit contract, or who
falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method
required under this Ordinance, shall upon convic-
tion be punished by a fine of not more than One
Thousand Dollars ($1,000) or imprisonment for not
more than thirty (30) days, or both. Each
separate act of falsification, tampering, or
knowingly rendering inaccurate shall constitute a
new and separate offense and shall be subject to
the penalties contained herein.
Nothing in this section is intended to exclude the
potential for prosecution under the applicable
perjury statutes of the state of California to the
extent such falsification was incorporated in a
document signed under the penalty of perjury.
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February 21. 1991
10.16.090
A.
Notification Procedures.
Notification to User.
Whenever the District finds that any user has
violated or is violating the provisions of this
Ordinance, a wastewater discharge permit,
wastewater discharge permit contract, or any
prohibition, limitation or requirements contained
herein, the District may serve upon such person a
written notice stating the nature of the
violation. Within thirty (30) days of the date of
this notice, a plan for the satisfactory
correction of the violation shall be submitted to
the District by the user.
Whenever the District assesses a non-compliance
fee, penalty or other form of enforcement action
under the provisions of this Ordinance, the
District shall serve upon such user a written
notice stating the nature of the enforcement
action being taken.
B. Notification to District.
When a user discovers that it has violated or is
violating a provision of the Ordinance, its
Wastewater Discharge Permit, its Wastewater
Discharge Permit Contract or any prohibition,
limitation or requirement contained therein,
including a violation as may be caused by acci-
dental discharge or spill, the user shall immedi-
ately notify the District upon discovery of such
violation. Thereafter, within five (5) days
following the accidental discharge or discovery of
a violation, the user shall submit to the District
a detailed, written report, describing the
accidental discharge or violation, and the
measures taken by the user to permit similar
future occurrences. This written report regarding
the violation may be included as a part of a
periodic Compliance Report, or other report as may
be required under this Ordinance, as long as the
written report is provided within the five (5)
days of discovery, which notification shall not
relieve the user of any expense, penalty, fee or
other liability which may be incurred as a result
of the violation.
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February 21, 1991
10.16.100
Costs.
All costs associated with the District's undertaking of
enforcement actions pursuant to this Ordinance, including
attorney's fees for civil actions undertaken, shall be
paid by the user. These costs may include but not be
limited to the costs for termination of service,
reinstitution of service, compliance sampling and analysis
and administrative activities undertaken by the District.
However, if the user prevails in an appeal to the Board of
Directors or a civil action taken to nullify an
enforcement action pursued by the District under this
Ordinance, the user shall not be responsible for the costs
incurred by the District in pursuing said enforcement
action.
10.16.110
Respondinq to Siqnificant Noncompliance.
Any violation of pretreatment requirements (limits,
sampling, analysis, reporting and meeting compliance
schedules, and regulatory deadlines) is an instance of
noncompliance for which the Industrial User is liable for
enforcement including penalties. However, the District is
required to identify violations or patterns of violations
by Industrial Users that are deemed to be instances of
significant noncompliance (SNC). To the extent that a
violation or pattern of violations is determined to be
significant noncompliance, the District shall give
additional priority to enforcement actions with regard to
that Industrial User. Additionally, the determination of
significant noncompliance shall be used as the basis for
reporting same to the regulatory authorities and
publishing of the list of significant non-compliers as is
required of the District by law. The following is a
guideline of criteria which will be used in determining
instances of SNC.
A. violations of Wastewater Discharge Limits.
1. Chronic Violations. Chronic violations
shall be deemed to be present when sixty-
six percent (66%) of the measurements
exceed the daily maximum limit or the same
average limit in a six-month period (any
magnitude of excedence).
2. Technical Review Criteria Violations. If
thirty-three percent (33%) of the
measurements exceed the same daily maximum
limit or the same average limit by more
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February 21, 1991
than the technical review criteria in a six
month period. Such violations may be
deemed significant noncompliance.
3. Other Effluent Limit Violations. Any other
violation(s) of an effluent limit (average
or daily maximum) that the District
believes has caused, alone or in
combination with other discharges,
interference (e.g., slug loads) or pass-
through (including adverse effect on any
bioacate toxicity sampling); or endangered
the health of the sewage treatment
personnel or the public.
4. Danger to Human Health or Welfare. This
category also includes any discharge of a
pollutant that has caused imminent
endangerment to human health/welfare or to
the environment and has resulted in the
POTW's exercise of its emergency authority
to halt or prevent such a discharge.
B. Violation of Compliance Milestones.
Violations of compliance schedule milestones,
contained in any order given to the user by the
District, including an ECSA for starting and
completing construction, containment of final
compliance by ninety (90) days or more after any
scheduled date.
C. Failure to Provide Proper Data.
Significant noncompliance shall also include
failure to provide reports for compliance
schedules, self-monitoring data, or categorical
standards (baseline monitoring reports, ninety-day
compliance reports, and period reports) within
thirty (30) days from the date such reports or
other data are due.
D. Failure to Accurately Report.
Significant noncompliance status may also be
derived from the failure of a user to accurately
and promptly report any noncompliance. Any
attempt to circumvent the reporting requirements
or otherwise withhold noncompliance data from the
District shall give rise to SNC status.
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February 21, 1991
E. Other Violations.
SNC status may also result from any other
violation or group of violations that the District
considers to be significant.
Chaoter 10.20
HEARINGS AND APPEALS
Sections:
10.20.010
10.20.020
Availability of Administrative Appeal.
Show Cause Hearings.
10.20.010
Availabilitv of Administrative Aopeal.
Any user, permit applicant, permit or permit contract
holder affected by any decision, enforcement action or
determination made by the District, interpreting or
implementing the provisions of this Ordinance or in any
permit or permit contract issued herein, may file with the
General Manager/Chief Engineer a written request for
reconsideration of a staff decision, action or
determination within fifteen (15) days of notification of
said staff decision, action or determination. The written
request for reconsideration shall detail facts supporting
the user's request and such facts shall include a
statement listing all relevant facts which shall be
considered including such facts as may not have been know
or available to the District at the date of such action.
The General Manager/Chief Engineer shall render a decision
on the request for reconsideration within fifteen (15)
days of receipt of the request, unless the General
Manager /Chief Engineer requests additional information
from District staff or the user. The General
Manager /Chief Engineer shall concur, modify or rescind the
action, decision or determination previously made or may
grant a show cause hearing regarding such decision, action
or determination. If the ruling on the request for
reconsideration made by the General Manager/Chief Engineer
is unacceptable, the user may, within ten (10) days after
the date of notification of the General Manager/Chief
Engineer I s determination, file with the District secretary
a request for appeal to the District Board.
A user shall not have a right to an appeal to the District
Board unless the user has complied with the procedures
concerning the request for reconsideration by the General
Manager/Chief Engineer as set forth above.
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February 21. 1991
I
When a written request for appeal to the District Board
has been properly filed with the District secretary, the
District secretary shall schedule the matter to be heard
by the District Board within forty-five (45) days from the
date of the filing of the written request. The District
Board shall make a ruling on the appeal within fifteen
(15) days from the date of the hearing unless the Board
requests additional information from District staff or the
user.
10.20.020
A.
B.
C.
Show Cause Hearinqs.
The District may order any user who violates any
of the prov1s10ns of this Ordinance, permit
conditions, or permit contract conditions to
appear before a designated hearing officer to show
cause why a proposed enforcement action should not
be taken. Notice shall be provided to the user
specifying the time and place of the hearing. A
notice for a show cause hearing shall set forth
the violation, the reasons why an action is to be
taken, the proposed enforcement action, and such
other information as will notify the user of the
nature of the hearing. The user has the burden of
proof to demonstrate that the proposed action
should not be taken or that the decision, action
or determination previously made should be
. rescinded or modified. A notice of hearing shall
be served personally or by registered or certified
mail (return receipt requested) at least ten (10)
days before the hearing. Service of the notice
may be made on an agent of the user or officer of
the user's business entity.
A District employee or officer may conduct the
hearing and take evidence, or the District may
designate another independent person to do so.
The District shall not, as a matter of course,
provide for stenographic recording of the hearing,
however, the user may provide for such
stenographic recordation at its expense.
After the hearing officer has reviewed the evi-
dence, administrative orders may be issued which
specifically relate to the issues set forth in the
notice of show cause hearing. If the user is
dissatisfied with the determination of, or the
administrative order issued by the hearing
officer, the user may file a written request for
appeal to the District Board. The request for
appeal shall be filed with the District secretary
within ten (10) days of the issuance of the
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February 21, 1991
determination order of the hearing officer. The
District's secretary shall calendar the matter
before the District Board within forty-five (45)
days of the date of filing of the written request
for appeal to the District Board.
Chapter 10.24
FEES
Sections:
10.24.010
10.24.020
10.24.030
Purpose.
Sewer Service Charges.
Scope of Charges and Fees for Source
Control Program.
Payment of Fees, Charges and Delinquencies.
Reinstatement Deposit.
10.24.040
10.24.050
10.24.010
Purpose.
It is the purpose of this Chapter to provide for both the
recovery of costs from users of the District's facilities
for the implementation of the Source Control and related
programs established herein and to provide for a sewer
service fee to be imposed on all nonresidential
dischargers to the District sewage System with regard to
the Source Control and related programs, it is the purpose
of this Chapter to provide for the recovery of costs from
the users of those programs. The applicable charges or
fees shall be set forth in the District's Schedule of
Operation and Maintenance Charges and Fees.
10.24.020
Sewer Service Charqes.
All users shall pay a user charge for the District
wastewater disposal services. This sewer service charge
shall be in addition to the fee imposed on certain users
for the administration of the source control program as
set forth elsewhere in this Chapter. The Sewer Service
Charge shall reflect the quantity, quality and flow of the
wastewater of the user and will be based on the District's
operating costs to intercept, treat and dispose of the
wastewater.
The Sewer Service Charge shall be set from time to time by
the District Board.
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February 21, 1991
,
,
... .,
"
10.24.030
Scone of Charqes and Fees for Source Control
Proqram.
The District may adopt charges and fees to compensate the
District for its activities under the Source Control
Program which may include:
A. Setting up and operating the District's Pretreat-
ment Program, septage program, industrial user
notification program and slug discharge program.
B. Monitoring, sampling, inspection and surveillance
procedures.
C. Reviewing accidental discharge procedures and
construction.
D. Processing permit applications.
E. Implementation of administrative and legal en-
forcement measures.
F. Other fees as the District may deem necessary to
carry out the requirements of the programs con-
tained herein.
These fees relate solely to the matters covered by this
Ordinance and are separate from all other fees chargeable
by the District. These fees and charges may include staff
costs, as well as legal, consulting and laboratory costs,
associated with the District's activities in
implementation of these programs.
10.24.040
Payment of Fees, Charqes and Delinquencies.
A.
Except as otherwise provided, all fees, charges
and penalties made pursuant to the provisions of
this Ordinance are due and payable upon receipt of
notice thereof. All such amounts shall become
delinquent forty-five (45) days after the date of
invoice.
B.
A penalty for delinquent accounts shall be charged
in accordance with the following:
1. Forty-six (46) days after the date of
invoice, a penalty of ten percent (10%) of
the base invoice amount, not to exceed a
maximum of One Thousand Dollars ($1,000).
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February 21, 1991
2. Ninety (90) days after the date of the in-
voice, an additional penalty of ten percent
(10%) of the base invoice amount shall be
imposed, the cumulative total of the
penalties will not exceed a maximum of Four
Thousand Dollars ($4,000).
C.
Any invoice outstanding and unpaid after ninety
(90) days shall be cause for immediate initiation
for permit revocation proceedings.
Penalties charged under this section shall not
accrue to those invoices successfully appealed,
provided the District receives written notifica-
tion of said appeal prior to the payment due date.
Payment of disputed charges is still required
during District review of any appeal submitted by
users.
D.
10.24.050
Reinstatement Deposit.
Permit or permit contract users that have been subject to
enforcement proceedings may be required to deposit with
the District an amount determined by the General
Manager/Chief Engineer prior to permission being granted
for further discharges to District Facilities. The
deposit shall be provided as a security to ensure that the
requirements of this title are complied with, and all fees
and charges associated with the user's Permit or Permit
Contract are paid. The security may be returned after one
(1) year, provided that the user has not been subject to
any enforcement actions or enforcement fees within that
one (1) year period. The deposit shall be cash or other
security acceptable to the District.
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February 21, 1991
Chapter 10.28
WASTE HAULER PROGRAM
sections:
10.28.010
10.28.020
10.28.030
10.28.040
10.28.050
10.28.060
10.28.070
10.28.080
Permissible Waste Hauler Discharges.
Waste Hauler Discharge Permit.
Cash Deposit - Security.
Manifest Procedures.
Fees for Discharge.
Regulation of Procedures.
Acceptance of Grease.
County Limitation.
10.28.010
Permissible Waste Hauler Discharqes.
The Board finds that it is in the best interest of the
citizens of the County of Contra Costa generally and in
the best interests of the health and sanitation of the
constituents of the Central Contra Costa Sanitary Dis-
trict, that the District receive certain trucked-in wastes
at the Treatment Plant for disposal. It is the intent of
the Board that the treatment facility shall only be used
for the disposal of wastes which are compatible with the
treatment plant process and the continued operation of the
treatment plant as a non-RCRA or nonhazardous waste
disposal facility. Therefore, it is the intent of this
Ordinance to prohibit the discharge from waste haulers of
any hazardous waste as may be defined by either Federal or
State statute and regulation, whichever is more stringent;
and, further, to prohibit all such wastes as are
prohibited within Chapter 10.08 (Regulations) of this
Ordinance, when such wastes are trucked to the District
and discharged pursuant to the District I s Waste Hauler
Program.
10.28.020
Waste Hauler Discharqe Permit.
The District Board finds that in order to properly
administer the discharge of wastes to the Distr ict, a
Waste Hauler Discharge Permit Program is required.
Therefore, all persons are prohibited from discharging
trucked-in waste at the District I s treatment facility
unless and until such person(s) has complied with all of
the requirements of this section of the Ordinance, and has
received a Permit for waste discharge.
A. Permit Term. Staff shall have the authority to
issue waste hauler discharge permits for a period
of one (1) year, with such permits being renewable
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F:\DMS\KLA.DIR\0007926.03
February 21, 1991
on further application from the permittee for
additional one-year periods upon favorable review
by District staff.
B. Permit Conditions. District staff may prescribe
such requirements as may be reasonable to ensure
the carrying out of the purpose and polices of
this Ordinance, as well as the stated purpose of
the Waste Hauler Program as set forth herein. The
conditions upon which a Waste Hauler's Discharge
Permit may issue shall include, but not be limited
to, the following:
1. Proof of a Contra Costa Health Department
Waste Hauler Registration and Public Health
License;
2. Certification that the applicant has not
been subject to any substantial enforcement
actions relating to public health, waste
hauling and/or hazardous waste handling;
3. provision of a list with license numbers of
each vehicle which hauler proposes to use
for discharge of waste at District Facili-
ties;
4. Certification that waste hauler has in
place, and will maintain, vehicle insurance
coverage which insures the hauler and the
District against claims of personal injury
and property damage (Said minimum limits
and coverage requirements may from time to
time be set forth by the District); and
5. The furnishing of a cash deposit or other
security acceptable to the District in an
amount set by the Board.
10.28.030
Cash Deposit - Security.
The Board finds that in order to ensure compliance of each
waste hauler with the provisions of this Ordinance, and to
further ensure payment of fees and charges for the
discharge of trucked-in waste, a cash deposit, or other
security acceptable to the District, shall be required of
each permittee. The cash deposit shall be in an amount of
One Thousand Dollars ($1,000.00). However, if the General
Manager/Chief Engineer determines the cash deposit should
be increased in order to protect the interest of the Dis-
trict based on the nature of the current operations of a
permittee or the prior history of compliance with the
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February 21, 1991
waste hauler program requirements, then the General
Manager/Chief Engineer may increase such cash deposit or
security to an amount sufficient to protect the interests
of the District. The security amount shall not exceed
Five Thousand Dollars ($5,000.00), without prior Board
approval of said security amount.
A. Time for Payment. The cash deposit or acceptable
security shall be posted prior to the issuance of
the permit. To the extent the District draws on
such cash deposit or security for costs, fees,
payments or penalties, as authorized hereunder,
the permittee shall deposit with the District such
additional funds as may be required to bring their
cash deposit or security up to the total amount
required under the permit prior to the continued
discharge of waste. If the permittee fails to
maintain a sufficient deposit with the District to
meet its permit conditions, the District may
suspend the permit (and permission to discharge)
until such time as a sufficient deposit or
security has been tendered and accepted.
B. Forfeiture of Deposit. Allor a portion of the
cash deposit or acceptable security may be for-
feited to the District if any of the following
actions occur:
1. The permittee knowingly provides false
information on any application, permit or
manifest form;
2. The permittee discharges a non-domestic
waste which does not comply with this
Ordinance, including the provisions of
local limits and the general and specific
prohibitions contained herein;
3. Permittee disposes' of a waste in an unlaw-
ful manner in any location within the
District's service area;
4. A permittee becomes delinquent in making
payment of applicable charges and fees for
discharge of waste;and/or
e. A permittee otherwise fails to comply with
provisions contained in this Ordinance, or
the District Code.
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February 21, 1991
10.28.040
Manifest Procedures.
Any waste hauler who is discharging at a District Facility
shall be required to comply with the manifesting
requirements set forth by District staff. Each discharger
shall be required to provide a manifest document which
shall indicate the source of all wastes contained within
the waste load to be discharged. District may promulgate
such other requirements with regard to manifesting as are
in the determination of the District necessary to properly
carry out the objectives of this Ordinance and the intent
of the Waste Hauler Program.
10.28.050
Fees for Oischarqe.
The Board may from time to time set fees for the services
provided the waste hauler with regard to discharge of
trucked-in waste. The fees shall include, but not be
limited to, fees to reimburse the District for the
disposal and treatment costs of the discharge, and such
other fees as may be required to reimburse the District
for the administrative costs of processing the permits,
administering the Waste Hauler Program, operating septage
discharge facilities, conducting laboratory analysis and
enforcing the provisions of this program.
10.28.060
Requlation of Procedures.
The District shall adopt such procedures as may be
appropriate for the implementation of the Waste Hauler
Program. These procedures may include, but not be limited
to, regulation of the times for discharge, the amounts of
discharge and manner of discharge. The procedures may
also include requirements such as laboratory testing of
samples of the waste prior to discharge, and procedures
for reporting of the ultimate disposal location for wastes
which are not accepted at a District Facility due to being
rejected on the basis of a sampling analysis of its
constituents.
10.28.070
Acceptance of Grease.
It is the intent of the Waste Hauler Program to accept
reasonable quantities of grease when trucked to the
District. The Board finds that it is in the best
interests of the District's constituents to accept
trucked-in grease pursuant to the requirements and
procedures of the Waste Hauler Program in order to foster
the adherence to the requirements of the District's Grease
Interceptor Program.
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February 21, 1991
10.28.080
County Limitation.
The District Board finds that it is not in the best
interest of the constituents of the District to accept
restaurant grease waste originating outside the District
service area, including any area served by contract.
Moreover, the District Board also finds that it is not in
the best interest of the District's constituents to accept
trucked waste other than grease from locations which are
not within the County. Therefore, the Board finds that the
District shall only accept trucked-in waste pursuant to
the provisions set forth herein and procedures established
by District's staff for trucked waste to the extent such
waste is produced within, or emanates from locations
within, Contra Costa County, or in the case of restaurant
grease, from locations within the District's service area,
including any area served by contract.
Chapter 10.32
GREASE. OIL. AND SAND INTERCEPTOR PROGRAM
Sections:
10.32.010
10.32.020
10.32.030
10.32.040
Interceptors Required.
Administration of Interceptor Program.
Interceptor Maintenance Procedures and
Program.
Enforcement.
10.32.010
Interceptors Reauired.
All non-domestic users shall be required to install and
maintain a grease, oil and sand interceptor when the
General Manager/Chief Engineer finds that it is necessary
for the proper handling of (a) liquid waste containing
grease, (b) flammable wastes, (c) sand, or (d) other
harmful constituents which may be properly eliminated from
the sewerage system by use of an interceptor or trap. An
interceptor is not required for a building used solely for
residential purposes so long as there exists no common
food preparation facility. An interceptor shall be
required when the wastewater flow from the building is
anticipated to contain grease, flammable substances, sand
or other harmful ingredients in amounts or concentrations
which in the discretion of the Distr ict present the
possibility of causing or contributing to the fouling of
or the blockage of or other damage to the District
sewerage system.
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February 21, 1991
10.32.020
Administration of Interceptor Proqram.
The District shall administer an Interceptor Program which
is intended to prevent grease, sand, flammable liquids,
and other substances which are likely to block or create
a hazard within the sewerage system from entering the
system through use of interceptors or traps. The District
may require any non-domestic user to install an
interceptor or trap according to the guidelines set forth
in the District's Standard Specifications or other program
prior to connection to the District or at any time after
connection to the District if the District discovers or
determines subsequent to the connection that the building,
facility, or operation of that user produces a waste with
characteristics that would require installation of a trap
or interceptor pursuant to this Ordinance. The installa-
tion of a proper interceptor or trap device shall be the
responsibility of the parcel owner and the entity which
applies for the connection or industrial user permit, and
the owner/proprietor of the business or entity whose
operations cause or contribute to the necessity for an
interceptor or traps. The District shall determine
whether a grease trap, grease interceptor or other
interceptor is required on a case by case basis based on
an evaluation of objective criteria including but not
limited to factors such as those listed hereunder:
A. The type of facility (a restaurant, bakery, cheese
factory, yogurt shop, gas station, lube facility,
etc. )
B. The volume of the user's business or operation
(such as number of meals served, number of seats,
hours of operation).
c. Size and nature of facilities (including kitchen
facilities) based on size, type, number of fix-
tures, and type of processing or cooking equipment
used.
D. The type of service provided or operation under-
taken (such as dine-in meal service versus carry-
out meal service).
E. The type of foods or other materials used in the
cooking, processing or manufacturing operations
carried on within the user's facility.
F. The overall potential for grease-ladened,
flammable or sand-ladened discharges.
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February 21, 1991
G. The existence of devices, procedures or processes
which are designed to minimize the amount of
grease, sand, oil or other flammable liquids from
entering the sewer system.
The design, location and procedures for operation of a
required interceptor or trap shall be approved by the
District. Such approval shall be obtained prior to the
users connection of the facility to the District's
sewerage system, in the event of new construction or
remodeling. In instances where a user has already
connected and the District determines that an interceptor
or trap must be installed, the user shall promptly provide
for the installation of the interceptor or trap within a
reasonable time frame (as may be set by the District),
including providing such design plans and operational
plans as may be required. The installation of an
interceptor or trap as required by this Ordinance on an
existing user facility shall occur within reasonable time
not to exceed one hundred (100) days after the user has
been provided notice of the requirement that an
interceptor or trap be installed. This one-hundred-day
limit may only be extended by written agreement of the
District.
10.32.030
Interceptor Maintenance Procedures and Proqram.
Any user who is required by the District and/or this
Ordinance to install and/or operate an interceptor or trap
device, shall be required to adequately maintain the
interceptor or trap device so that such device is in
proper working order at all times. Grease and oil
interceptors shall be cleaned by a licensed and permitted
waste hauler on a periodic basis so as to assure that the
interceptor will operate as designed at all times.
Any users who are required to install or have in operation
an interceptor or traps pursuant to this Ordinance, shall
be required to have a plan of operation or program for
their facility which is intended to insure that the
interceptor or traps operates as designed to prevent
grease, oil, sand or other harmful constituents from
entering the sewerage system. These procedures may
include adoption of kitchen practices to minimize the
grease-laden garbage which ultimately enters the
facility's drains and floor traps and/or other such
procedures as may be required for the proper operation of
the interceptors.
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February 21. 1991
10.32.040
Enforcement.
Failure of any user who is required to maintain an
interceptor or trap pursuant to this Ordinance and/ or
pursuant to lawful District direction, shall be subject to
each of the enforcement provisions set forth in this
Ordinance. The enforcement provisions of this Ordinance
shall apply to the failure to instruct personnel,
maintain, pump and/or institute a proper grease or
flammable substance reduction program.
(Must repeal Sections 9.08.060 and 9.08.070).
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February 21, 1991
.
Centr~ Contra Costa Sanitar~ Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 8
POSITION
PAPER
BOARD MEETING OF
March 21, 1 991
NO.
4.
BIDS AND AWARDS a.
SUBJECT DATE
CONSIDER RESPONSIVENESS OF ANDES CONSTRUCTION'S BID March 15, 1991
TO CONSTRUCT THE ARLENE DRIVE SewER IMPROVEMENT TYPE OF ACTION
PROJECT, DP4539, AND CONSIDER AWARD TO THE LOWEST
RESPONSIVE BIDDER AUTHORIZE AWARD
Assistant
INITIATING DEPT./DIV.
Engineering Department/
En ineerin Division
ISSUE: On March 14, 1991, sealed proposals were received and opened for the
construction of District Project 4539, The Arlene Drive Sewer Improvement Project. The
Board of Directors must authorize award of the contract or reject bids within 50 days of the
opening of bids.
BACKGROUND: The Arlene Drive Sewer Improvement Project consists of replacing
approximately 3,200 feet of existing 6 and 8-inch sewer mains in Arlene Drive between
Newell Avenue and Orchard Lane in Walnut Creek. These existing sewers have insufficient
capacity under wet weather conditions and have numerous maintenance problems.
Attachment 1 shows the location of proposed Arlene Drive Sewer Improvements.
Plans and specifications for the Arlene Drive Sewer Improvements were completed by Larry
Walker and Associates and the project was advertised on February 27 and March 6, 1991.
The Engineer's prebid estimate for the construction contract was $650,000. Fifteen bids
ranging from $517,752 to $824,067 were received on March 14, 1991. A summary of bids
is presented in Attachment 2.
The Engineering Department conducted a technical and commercial evaluation of the bids.
It was found that the bid of Andes Construction Company, the apparent low bidder,
contained the following irregularities:
. Proposal from Contractor to District to perform the work was missing.
. Addenda were not acknowledged.
. Required Contractor's license and expiration date were not provided.
. No subcontractors were listed for any portion of the work, as required by the Public
Contract Code and the Contract Documents (form missing).
. No material suppliers were listed, as required by the Contract Documents (form missing).
REVIEWED AND RECOMMENDED FOR BOARD ACTION
I~ DEPT./DIV.
1302A-9/85 RIL
(}/aAJ
DRW
~
RAB
SUBJECT
CONSIDER RESPONSIVENESS OF ANDES CONSTRUCTION'S BID
TO CONSTRUCT THE ARLENE DRIVE SEWER IMPROVEMENT
PROJECT, DP4539, AND CONSIDER AWARD TO THE LOWEST
RESPONSIVE BIDDER
POSITION PAPER
PAGE
DATE
2 OF 8
March 15, 1991
. Bidders Statement of Financial Responsibility, Technical Ability, and Experience was
Missing.
. Contractor Safety Acknowledgement was missing.
. Noncollusion Declaration was missing.
. Certificate Regarding Inspection of Contract Documents, Site, and Geotechnical Report
was missing.
These irregularities were brought to the attention of staff of Andes Construction. Dan
Mayorga, the owner of Andes Construction indicated that they were missing Volume 1,
Bidding Conditions and Requirements.
Permit Counter records show that Andes Construction, Inc. was issued a complete set of
Project Documents on March 11, 1991. The cover to Addendum No.1, which was
submitted with the bid from Andes Construction, Inc., states the following in capital letters:
"...This Addendum shall be stapled to Volume I: Bidding Conditions and Requirements."
Also, Andes Construction, Inc. previously bid and was awarded a project (Holcomb Court
Pump Station Abandonment) for the District and should be aware of the District's bidding
requirements.
Bid proposals may be rejected by the Board of Directors if there are any variances from the
Contract Documents which are determined by the Board to be material variances. Staff feels
that the variances of the bid proposal submitted by Andes Construction, Inc. are material
variances.
The Board of Directors has the following three options to consider:
1. Declare the bid of Andes Construction to be nonresponsive, and award the construction
contract to Fee Construction, Inc., as the lowest responsive and responsible bidder;
2. declare the bid of Andes Construction to be responsive and responsible, and award the
construction contract to Andes Construction, Inc., as the lowest responsive and
responsible bidder; or
3. reject all bids.
13028-9/85
SUBJECT
CONSIDER RESPONSIVENESS OF ANDES CONSTRUCTION'S BID
TO CONSTRUCT THE ARLENE DRIVE SEWER IMPROVEMENT
PROJECT, DP453!-l,AND CONSIDER AWARD TO THE LOWEST
RESPONSIVE BIDDER
POSITION PAPER
PAGE 3 OF 8
DATE March 15, 1991
Prior to considering what action to take, it is appropriate for the Board to conduct a
responsiveness hearing to receive information from interested parties. Andes Construction,
Inc. representatives have been informed of the award and hearing process, and of staff's
recommendation.
If the Board determines that the Andes bid is nonresponsive and it is rejected, staff has
evaluated the remaining bids and determined that the second low bidder, Fee Construction,
Inc. of Livermore, is the lowest, responsive, and responsible bidder with a bid of $531,218.
A post-bid preconstruction cost estimate is shown in Attachment 3. The total project cost
is estimated to be $1,069,400. If the Board decides to reject all of the bids, the Engineering
Department will conduct a new bid for the project.
The District staff will administer the contract and provide inspection services. Resident
engineering services will be provided by James M. Montgomery Engineers. Engineering
Support services for the project will be provided by Larry Walker and Associates.
The project will be constructed along public and private residential streets in Walnut Creek,
some of which are very narrow. A preconstruction survey will be conducted by Thomas
Anderson and Company in the construction vicinity to record the condition of existing homes
and other property improvements.
The District filed a Notice of Exemption under the District's California Environmental Quality
Act (CEQA) for the project on May 5, 1989. The Arlene Drive Sewer Improvements Project,
DP 4539, is included in the 1990-91 Capital Improvement Budget beginning on Page CS-19.
RECOMMENDATIONS:
1. Conduct a responsiveness hearing on the bid proposal submitted by Andes Construction,
Inc.;
2. reject the bid of Andes Construction, Inc., as being nonresponsive;
3. authorize award of contract for construction of District Project No. 4539, Arlene Drive
Sewer Improvement Project, to Fee Construction, Inc. in the amount of $531,218, as the
lowest responsive and responsible bidder.
13028-9/85
-7
ATTACHMENT
Page 4 of 8
DP 4539 ARLENE DR.
SEWER IMPROVEMENT
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Central Contra Costa Sanitary District Page 5 of 8-
-. SUMMARY DF Bt- a Attachment 2
Arlene Drive Sewer
PROJECT NO. 4539 Improvement Project DATE March 14, 1991
LOCATION
Walnut Creek
E~GR.EST.~ 650,000
II
W
BIDDER (Name, telephone & address)
BID PRle.
__Amk~-.C~tn s t r u c t i OIl.._J..!l~_,-__ (
Oakland, Cal ifornia
$ _ill.t75L_______
~
Fee Construction, Inc. (
$ __ 53L_~L8
2
_ _Llv..e r m..Q r e_____...G....alli 0 r n ia__~_____ ___
.,....-
3
Pfister Excavating. Inc.
~..lL~jQ.. Ca I i forn i a
$ __~3_~:.83~___________._________
-
4
D'arcy & Harty Const., Inc. (
San Francisco, Cal ifornia
$ 536,750
-
5
Bay Pacific Pipelines, Inc.
San Francisco, Cal ifornia
$
546,175
-
P&M Pipel ines
6 San Francisco, Cal ifornia
$ 598,730
--.$- 599,357
- --
$ 604,483
-
$ 61 9 , 3 1 1
$~~,724
$ 640,895
$ 704,341.90
7
EMSCO
Oakland, Cal ifornia
8
D.W. Younq Construction Inc. ( )
Danville, Cal ifornia
f--
North Bay Construction Inc. ( )
9 Petaluma~ California
-
10
Hess Construct ion Company, I nc.( )
Vallejo, California
Manuel C. Jardim Inc.
11
Union City, Cal ifornia
12
Wm. G. McCullough Company
Antioch, Cal ifornia
BIDS OPENED BY
DATE March 14, 199' SHEET NO.
2
OF
Joyce Murphy
2S0J-II/84
Central Contra Costa Sanitary District Page 6 of 8
SUMMARY OF B~ S Attachment 2
Arlene Drive Sewer
PROJECT NO. 4539 Improvement Project DATE March 14, 1991
LOCATION
Walnut Creek
ENGR. EST.~ 650,000
a:
W
BIDDER (Name, telephone & address)
BID PRle.
....--
_l'\oUJlt~j o__Ca sc_<;l<:l~__1I}c.___ ( ) $_~-,~_45___
----.--
13 San Ramon, Cal ifornia
~_._---
~
p&J Ut i I i tv & Interlancl ( ) $ __ Z 40-,Q64_~________~~
General Enqr. A.J.V.
14 ~_~ranci.s_co___c.al~f Qmj g
--.---.--- ------- ------ ------.. .- ---
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Jardin Pipel ines Inc. ( ) $ __82iL.-06 7
15 --
Hayward, Ca I i fornia
---~- . ----
-
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. ( ) $
( ) $
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. ( ) .$
. . . .
( ) $
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.
( ) $
-
( ) $--
( ) $
( ) $
Joyce Murphy
DATE March 15, 1991 SHEET NO. 2 OF
2
BIDS OPENED BY
2S0~1l/84
ATTACHMENT 3
ARLENE DRIVE SEWER IMPROVEMENT PROJECT,
DISTRICT PROJECT NO. 4539
POST BID PRECONSTRUCTION ESTIMATE
Percent of
Construction
lWn Descriotion Total Contract Costs
1. Construction Contract $ 531,218
2. Contingency @ 20% 1 106.782
Subtotal $ 638,000 100
3. Construction Management
. Project Management! $ 1 6,400
Adm inistration
. Inspection 35,000
. Survey 10,000
. Legal 2,000
. Field Office Support 1 ,000
. Engineering 2.000.
Subtotal $ 66,400 10.4
4. Consulta nts/Contractors
. Geotechnical (DCM Joyal) $ 4,300
. Resident Engineer (JMM) 25,000
. Engineering Support (Walker) 15,200
. Material Testing 7.500
Subtotal $ 52,000 8.2
5. Miscellaneous
. Collection System Operations $ 3,000
. Community Relations 5,000
. Preconstruction Damage
Survey (Thomas Anderson) 35.000
Subtotal $ 43,000 6.7
6. Prebid Design Expenditure $ 180,000 28.2
7. Right of Way Acquisition Cost $ 90.000 14.1
Page 7 of 8
Page 8 of 8
ATTACHMENT 3 (continued)
ARLENE DRIVE SEWER IMPROVEMENT PROJECT,
DISTRICT PROJECT NO. 4539
POST BID PRECONSTRUCTION ESTIMATE
Percent of
Construction
l1.e.rn Descriotion Total Contract Costs
9.
Funds Authorized To Date
$1.069.400
$ 270.000
$ 799.400
167.6
8.
Total Project Cost Estimate
10.
Additional Allocation Required
to Complete Project
1 Contingency will be used for change orders, force account, or engineering assistance as
necessary.
ED/PP/ArIDr.RIL
RIL/pk 3/15/91
.
Centra~ ~ontra Costa Sanitar~ Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION PAPER BOARD MEETIN1Ji~rch 21, 1991
NO.
5. CONSENT CALENDAR a.
SUBJECT
ACCEPT GRANT OF EASEMENT FROM G. SCOTT AND LAURA J.
MORRIS FOR DISTRICT PROJECT 4539, PARCEL NO.4, IN
WALNUT CREEK AT A COST TO THE DISTRICT OF $14,248
DATE
March 15, 1991
TYPE OF ACTION
ACCEPT GRANT
OF EASEMENT
SUBMITTED BY Rey I. Limjoco
Senior Engineering Assistant
INITIATING OEPTlOIV Engineering Department
Engineering Division
ISSUE: The Board of Director's approval is required for accepting a Grant of Easement.
BACKGROUND: The Arlene Drive Sewer Improvement Project consists of replacing
approximately 3,200 feet of existing 6- and 8-inch sewer mains in Arlene Drive between
Newell Avenue and Orchard Lane in Walnut Creek. These existing sewers have insufficient
capacity under wet weather conditions and have numerous maintenance problems. The
proposed sewer project includes a revised sewer alignment, which will facilitate maintenance
efforts.
The subject easement, Parcel No.4 (Attachment 1), is one of five parcels required for
construction of the Arlene Drive Sewer Improvement Project. Parcel No.4 is being granted
by G. Scott and Laura J. Morris at a cost of $14,248. The District's agent, Associated
Right-of-Way Services, Inc. (ARWSI), negotiated the terms of acquisition and staff now
recommends it for Board approval. Sufficient funds are available in the budget for the Arlene
Drive Sewer Improvement Project to pay the cost of the easement.
The District filed a Notice of Exemption for the project on May 5, 1989, under the District's
California Environmental Quality Act (CEQA). The Arlene Drive Sewer Improvement Project
is described in the 1990-91 Capital Improvement Budget (page CS-19).
RECOMMENDATION: Authorize the President of the District Board of Directors and the
Secretary of the District to accept the Grant of Easement for District Project 4539, Parcel 4,
at a total cost to the District of $14,248, and authorize the Grant of Easement to be
recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
RIL
TJP
DRW
RAB
/7~
ROGER J. DOLAN
INITIATING ~T.!OIV.
A);2W
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1302A-9/85
ATTACHMENT
Page 2 of 2
77.
DP 4539 ARLENE DR.
SEWER IMPROVEMENT
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PROPOSED
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.
Centra. ':ontra Costa Sanitar~ Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
March 21, 1991
NO.
5.
CONSENT CALENDAR c.
SUBJECT
DATE
March 12,
1991
AUTHORIZE THE EXECUTION OF A CONSENT TO EXECUTION
OF DEED FOR PUBLIC ROAD TO CONTRA COSTA COUNTY
(JOB 4084 - PARCEL 2), SOUTH WALNUT CREEK AREA
TYPE OF ACTION
APPROVE CONSENT TO
EEDING OF PUBLIC ROAD
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT./DIV.
Engineering Department/Construction Division
ISSUE: A portion of minor Subdivision 65-90 is being deeded to the county for public road
purposes for the widening of Glenhaven Avenue South. An existing public sewer easement is
located within the road widening area.
BACKGROUND: The county requires a "Consent to Execution of Deed for Public Road" whenever
an area to be deeded for public road purposes encroaches upon an existing easement. Usually,
areas are dedicated to the county and other public agencies for future public roads. In those
instances, consents to dedication are processed. In this instance, land is being deeded to the
county by the owner of the adjacent property. Hence a consent to deeding is needed. A standard
consent document will be used in which the District retains prior rights.
This project has been evaluated by staff and determined to be exempt from the California
Environmental Quality Act (CEQA) under District CEOA Guidelines Section 18.6, since it involves
a minor alteration in land use limitations.
RECOMMENDATION: Adopt a Consent to Deeding of Public Road to Contra Costa County,
Glenhaven Avenue South, minor Subdivision 65-90, Job No. 4084, authorize the President of the
District Board of Directors and the Secretary of the District to execute said document and authorize
its recording by Contra Costa County.
JSM
,/1f(j3
RAB
R~.
ROGER J. DOLAN
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIA TING DEPT.lDIV.
1302A-9/85
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CONSENT TO DEED FOR
PUBLIC ROAD
JOB 40e4 - Pel. 2
Walnut Creek Area
.
Centra. ;ontra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION
PAPER
BOARD MEETING OF
March 21, 1991
NO.
5.
CONSENT CALENDAR d.
March 11, 1991
SUBJECT
DATE
ACCEPT THE CONTRACT WORK FOR THE WALNUT CREEK
DOWNTOWN BYPASS PROJECT (D.P. 1977 AND 4257)
TYPE OF ACTION
ACCEPT CONTRACT
WORK
SUBMITTED BY
Henry B. Thom, Senior Engineer
INITIATING DEPT/DIV.
Engineering Department/Construction Division
ISSUE: Construction has been completed on the Walnut Creek Downtown Bypass Project, and
the work is now ready for acceptance.
BACKGROUND: The Walnut Creek Downtown Bypass Project (Bypass Project) was required
to complete the interceptor system from Rudgear Road at 1-680 to Ygnacio Valley Road at
Arroyo Way. This project was constructed in conjunction with the U.S. Army Corps of
Engineers (COE) and the County Flood Control and Water Conservation District (Flood Control)
as part of the San Ramon Bypass Channel Project. The Bypass Project was split into Phase 1
and Phase 2 to coincide with the timing of the COE Project. Major elements of the District's
Bypass Project include approximately 9,600 lineal feet of 60 and 66 inch trunk sewers, 800
feet of dual siphon pipes and several siphon inlet and outlet structures. The location of the
project is shown on "Exhibit A". Additional information on the project is given on page CS-16
of the 1990-91 Capital Improvement Budget.
On April 3, 1986, the Board authorized a joint Exercise of Power Agreement with Flood Control
to construct Phase 1 of the Bypass Project. Notice to Proceed was issued by the COE on
November 5, 1986, to Brutoco Engineering and Construction Company to construct the
interceptor sewer facilities in conjunction with the flood control facilities. The Phase 1 Project
was completed in August, 1989, almost 10 months beyond the original contract time.
On August 24, 1989, the Board authorized a joint Exercise of Powers Agreement with Flood
Control to construct Phase 2 of the Bypass Project. Notice to Proceed was issued by the COE
on October 18, 1989, to Ball, Ball, and Brosamer Inc., to construct the interceptor sewer
facilities in conjunction with the flood control facilities. The contract completion date for the
Phase 2 Project is June 18, 1991. The interceptor sewer work was substantially completed
on March 8, 1991. The remaining work consists of minor punch list items, and these do not
affect the acceptance of the Phase 2 Project.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JSM
RAB
ENG.
1302A-9/85
'fJ;J-1
II' ,,-
(v" \
INITIATING DEPT./DIV.
SUBJECT
POSITION PAPER
ACCEPT THE CONTRACT WORK FOR THE WALNUT CREEK
DOWNTOWN BYPASS PROJECT (D.P. 1977 AND 4257)
PAGE
DATE
2
OF 3
March 11 19!=)1
The total authorized budget for the Bypass Project, including the cost of engineering, design,
right of way, consultant service, District forces, etc. is $9,237,000. The Phase 1 Contractor
filed a $2 million claim against the COE, which has been resolved at no cost to the District.
The Phase 2 Contractor has submitted a claim for acceleration and direct costs, and the
negotiation for settlement is being handled by the COE. The total estimated expenditure for
the District's portion of the project (Phases 1 and 2) is approximately $8,375,000, pending the
settlement of the Phase 2 claim. A detailed accounting of the project costs will be provided
to the Board at the time of the project closeout. It is appropriate to accept the contract work
at this time. The acceptance of the District's portion of the work will be communicated to the
COE. The COE will then accept all work performed under their project and file a Notice of
Completion.
RECOMMENDATION: Accept the contract work for construction of Phases 1 and 2 of the
Walnut Creek Downtown Bypass Project (D.P. 1997 and 4257).
--------.
13028- 9/85
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.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
March 21, 1991
NO.
5.
CONSENT CALENDAR e.
SUBJECT
DATE
ADVISE THE BOARD OF DIRECTORS OF THE CLOSEOUT
OF THE SECONDARY FACILITIES WET WEATHER EXPANSION,
DISTRICT PROJECT NO. 20018
INFORMA TIONAL
SUB,MITTED B)'
Lynne I. Putnam
Senior Engineer
INITIA"UNG OEPT/QIV
t:nglneenng Department
Planning Division
ISSUE: All work has been completed on the study of the Secondary Facilities Wet Weather
Expansion, District Project No. 20018.
BACKGROUND: The Secondary Facilities Wet Weather Expansion Project analyzed
alternatives for the future secondary facility expansion, developed a siting plan for secondary
facilities, developed recommended alternatives in a facilities plan, and examined the use of
the abandoned denitrification tanks for chlorine contact. The alternatives studied included
the impacts of nitrification and phosphorous removal which might be required by future
discharge permits, impacts of water reclamation, and options for providing more disinfection
capacity. The siting plan analyzed the physical impacts of providing nutrient removal and
established a hydraulic grade line through the secondary facilities. Information developed
as part of this project was used to set the elevation of existing and future secondary clarifier
weirs to determine if the denitrification tanks could be used for chlorine contact, and to
develop planning-level costs and an implementation schedule.
The total budget for this project was $155,000 of which $152,091 was expended leaving
$2,911 to be returned to the Treatment Plant Program.
RECOMMENDATION: This matter is presented as information to the Board of Directors. No
action is required.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
PJW
RAB
J"{If/C
.
Centra. ':ontra Costa Sanitar~ .listrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
March 21, 1991
NO.
5. CONSENT CALENDAR f.
SUBJECT DA TE
March 11, 1 991
REQUEST FOR APPROVAL OF REGISTRATION DIFFERENTIAL FOR TYPE OF ACTION
P. GAIL CHESLER, ASSISTANT ENGINEER IN THE ENGINEERING
DEPARTMENT PERSONNEL
SUBMITTED BY
Robert A. Baker
Deputy Chief Engineer
INITIATING DEPT.lDIV.
Engineering Department
ISSUE: Payment of a registration differential requires approval by the Board of Directors.
BACKGROUND: P. Gail Chesler is an Assistant Engineer in the Engineering
Department/Engineering Division. This classification does not require registration as a
professional engineer. The Memorandum of Understanding (MOU) between the District and
Central Contra Costa Sanitary District Employees' Association Public Employees' Local No. 1
provides for payment of a registration differential for employees who achieve registration
while employed by the District in a position not requiring such registration. Ms. Chesler has
passed the California Engineering Registration Examination and is now a registered Civil
Engineer. Ms. Chesler has consistently demonstrated an ability to assist in the
accomplishment of District activities requiring a professional level of skills and experience
normally expected of a registered engineer. Ms. Chesler was notified of her successful
completion of registration requirements in a letter dated February 1, 1991.
RECOMMENDATION: Grant P. Gail Chesler a 5-percent salary increase effective February 1,
1991, for professional registration differential provided for in the MOU .
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIA~T.lDIV.
1302A-9/85
RAB
.
Centra~ ~ontra Costa Sanitary .Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION PAPER BOARD MEETING OF March 21, 1991
NO.
5. CONSENT CALENDAR g.
DAT~arch 15,1991
SUBJECT
AUTHORIZE MEDICAL LEAVE OF ABSENCE WITHOUT
PAY FOR JAMES BOYD, MAINTENANCE CREW MEMBER II
FROM MARCH 4, 1991 THROUGH AUGUST 31, 1991
TYPE OF ACTION
Personnel
SUBMITTED BY vonne rown
Operations Support Supervisor
INITIATING DEPT./DIV.
Collection System Operations
ISSUE: Board approval is required for an Employee Medical Leave of Absence without pay
for longer than 30 days.
BACKGROUND: Mr. Boyd, due to medical reasons, is no longer able to perform the duties
required of a Maintenance Crew Member II. He has elected to retire and he is awaiting
action by the County Retirement Board.
Mr. Boyd's last day at work was January 31, 1991. Mr. Boyd has used all of his
accumulated leave on March 4, 1991. Staff recommends that Mr. Boyd should be placed
on a Medical Leave of Absence without pay through August 31, 1 991 to allow the
County Retirement Board to reach a decision on his retirement request.
RECOMMENDA TION: Authorize a Medical Leave of Absence without pay for James
Boyd, Maintenance Crew Member II, effective March 4, 1991 through August 31, 1991.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
J L
CF
PM
1302A-9/85
L-/3
YB
c!Iv
~
INITIATING DEPT./DIV.
.
Central Contra Costa Sanitary t>istrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION PAPER
BOARD MEETING OF
March 21, 1991
NO.
7.
PERSONNEL a.
SUBJECT
CONCUR WITH AN EXEMPTION TO CHAPTER 4 TO
ACCOMMODATE RECRUITMENT OF ENTRY LEVEL
ENGINEERS
DATE
March 15 1991
TYPE OF ACTION
CONCUR WITH
EXEMPTION
SUBMITTED BY
Robert A. Baker
Deputy Chief Engineer
INITIATING DEP\:.LDIV. . D rt t
t:nglneenng epa men
ISSUE: In concert with Chapter 4 of the District Code, it is the current practice of the District
to hold examinations to establish eligibility lists for open positions by the use of written, practical
or formal oral examinations. Staff wishes to modify this practice for a special college recruitment
program.
BACKGROUND: The increased legislative and regulatory environmental requirements in
California have created an increase in demand for environmental professionals. Consequently,
a very competitive situation has developed for the recruitment and retention of environmental
engineers. Turnover rate of engineers at the District is increasing and recruitment of experienced
engineers (even utilizing professional recruiters) has become increasingly difficult. In order to
be competitive with the private sector practice of making employment offers in the field, staff
requests that a modified procedure be adopted for use in recruitment of entry level Engineers.
In this procedure two District staff (one representative of Personnel, one representative of the
hiring Department) would travel to target colleges or universities for on-site interviews. The
interview team would have the authority to make an on-site employment offer after interviews at
a particular college were completed (offers of employment would be contingent upon successful
completion of a physical exam and submission of appropriate citizenship documents, as is the
customary District practice).
This modification to past practice has been discussed with the Personnel Committee and has
been the subject of meet and confer with representatives of the Central Contra Costa Sanitary
District Employees' Association - Employees' Union Local #1.
The Engineering Department has a current vacancy which it would like to fill this spring utilizing
a college recruitment. This recruitment, if authorized by the Board, would be the first use of the
modified examination procedure. It is requested that the authorization extend through fiscal year
1991-1992.
RECOMMENDATION: Authorize staff to implement a streamlined examination procedure for
campus recruitment of entry level engineers effective for the period March 1991 through June
1992.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIA T1NG DEPT./DIV.
m
1302A-9/BS
RAB
.
Central Contra Costa Sanitary aJistrict
BOARD OF DIRECTORS
PAGE 1 OF 1 4
POSITION
PAPER
BOARD MEETING OF
NO.
7.
PERSONNEL b.
March 18, 1991
March 21, 1991
s~E~TE THE MGMT. POSITION OF RISK MANAGER, APPROVE
THE CLASS DESCRIPTION, & MAKE THE APPOINTMENT TO THE
POSITION. APPROVE A REVISED CLASS DESCRIPTION AND
SALARY FOR SAFETY & LOSS CONTROL SPECIALIST. APPROVE
A REVISED CLASS DES. FOR PLANT OPS. SAFETY SPECIALIST.
DATE
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
Paul Morsen, Deputy General Manager
INITIATING DEPT/DIV
Ad m i nistrative/Person nel
ISSUE: Management positions require approval by the Board of Directors for their establishment
and the appointment of managers to fill positions. New class descriptions for current staff
positions and salary changes also require Board approval.
BACKGROUND: The District created the Administrative Operations Manager (AOM) position in
January, 1984 to establish and direct a new Administrative section which would consolidate and
strengthen the District's safety, insurance, workers' compensation, loss prevention, claims, and
litigation management functions. Resolution of the Project 5A litigation was a major priority for this
position. The past seven years have seen considerable progress in these areas such as the
settlement of the 5A lawsuits and a significant reduction in other litigation costs; establishment of
a self-insurance program resulting in large budgetary savings; reduction in the workers'
compensation costs; initiation of a wellness program; and an award-winning safety program. The
Administrative Operations Manager Jack Campbell has announced his intention to retire in
December and has given early notice so that a replacement manager can be obtained in order that
the risk management and safety work can continue with minimal transition problems. In January,
District Safety and Loss Control Specialist Bruce Lepore resigned to accept a higher position at East
Bay Municipal Utility District and in March the Plant Maintenance Safety Specialist retired. The
District is left without any safety professionals at the very time that new complex and labor
intensive occupational health and safety laws are about to take effect at the District.
The District General Manager/Chief Engineer and I have reviewed all these positions with the goal
of giving the District the best risk management and safety organization to continue the existing
programs and cope with the future regulatory requirements. The proposal is as follows:
· Administrative ODerations Manaaer - This M-26 ($5646-$6863) level position would be
deleted after the incumbent retires in December, 1991.
· Risk Manaaer - Create a new management position for the Risk Management and Safety
Section classified at the M-33 ($4750-$5773) level (see attached salary survey). Staff
recommends that Ms. Bonnie Allen be appointed to this position effective April 22, 1991.
Ms. Allen was employed by the District as the Safety and Loss Control Specialist from July,
1984 until February, 1989 when she was recruited by the Contra Costa Water District as
Safety and Health Officer to establish their risk management and safety program. During
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302
~A"'TE THE MGMT. POSITION OF RISK MANAGER, APPROVE
THE CLASS DESCRIPTION, & MAKE THE APPOINTMENT TO THE
POSITION. APPROVE A REVISED CLASS DESCRIPTION AND
SALARY FOR SAFETY & LOSS CONTROL SPECIALIST. APPROVE
A REVISED CLASS DES. FOR PLANT OPS. SAFETY SPECIALIST.
POSITION PAPER
2 14
PAGE
DATE
OF
March 18, 1991
these past two years, she has been managing the same functions at the Contra Costa
Water District that are included in this CCCSD position. The appointment of Ms. Allen will
bring to the District a manager with strong safety and occupational health credentials as
well as risk management experience to administer the District's future needs and to train
the new safety personnel.
This action would not adversely effect the FY 90-91 budget because of the salary savings
resulting from the January, 1991 resignation of the Safety and Loss Control Specialist.
However, there would be an additional salary cost for the first six months of FY 91-92 until
the Administrative Operations Manager retires. There would be a salary savings over
subsequent years because of the change in management classifiction.
. Safetvand Loss Control Soecialist - This position has been vacant since mid-January and
the District has an immediate need for someone to cover it. The salary for this position has
been reviewed due to the growth in the safety profession. Staff recommends raising the
salary range for the classification from S-71 ($3533-$4276) to S-75 ($3891-$4710), This
action should help the retention problem which, in the past 6 Y2 years, has seen the three
people in the position recruited out for higher salaries (all three wanted to stay at Central
San but the District could not compete with the other pay levels). The attached salary
survey provides the information regarding the new salary level.
. Plant Ooerations Safety Soecialist - This position is currently titled Plant Maintenance
Safety Specialist. The position is now vacant and recruiting will be done concurrently with
the Safety and Loss Control Specialist. The salary classification will remain the same at
S-71, but a new class description and job title are proposed by the Plant to reflect the
changing nature of the duties there.
Attached to this position paper are the new class description for District Risk Manager, the
resolution appointing Ms. Bonnie Allen to that position, and the new class descriptions for Safety
and Loss Control Specialist and Plant Operations Safety Specialist. The Personnel Committee has
reviewed this proposal.
RECOMMENDATION: Approve the above personnel actions to (1) establish a new Risk Manager
position at M-33 ($4750-$5773); (2) appoint Ms. Bonnie Allen to this Risk Manager position; (3)
revise the class description for Safety and Loss Control Specialist, and establish a new salary level
at S-75 ($3891-$4710); (4) revise the class description and title for the Plant Operations Safety
Specialist.
13026-9/85
3 of 14
CENTRAL CONTRA COSTA
SANITARY DISTRICT
Effective: 3/21 /91
Range: M-33
Respirator Class: I
RISK MANAGER
DEFINITION
To plan, organize, and direct the administration of the litigation case load of the District,
the risk management and loss control functions, claims administration, central safety
program, special projects, and other work as required.
DISTINGUISHING CHARACTERISTICS
The use of respiratory equipment (including S.C. B.A.) may be required for this position.
Therefore, the Risk Manager will be required to be clean shaven for annual fit tests and
for any occasion which requires the use of respiratory equipment to comply with the
District's respiratory program and CAL/OSHA standards.
SUPERVISION RECEIVED AND EXERCISED
Receive general direction from the Deputy General Manager. Exercise direct and general
supervision over professional and technical personnel in the Risk Management Section.
EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:
Coordinate, administer, and direct the litigation case load for District Counsel and outside
attorneys regarding the various litigation activities of the District; coordinate with
attorneys to provide research and ,recommendations for legal issues concerned with the
operation of the District.
Administer the District's Risk Management/Loss Control program by identifying major
areas of risk, evaluating alternative methods of risk financing, recommending appropriate
levels of insurance coverage, marketing the District's insurance program, and assigning
and monitoring claims handled by independent adjusters.
Attend meetings of the District Board, District staff and such additional committee
meetings, conferences, and hearings as may from time to time be required.
Gather, review, and evaluate data and prepare a variety of periodic and special reports.
Review and coordinate the preparation of legal documents including contracts,
conveyances, resolutions, and ordinances, as required.
Confer with the public and representatives of other agencies.
4 of 14
CENTRAL CONTRA COSTA SANITARY DISTRICT
Risk Manager (Continued)
Inform District management on legal discussions, opinions, and trends that may have
possible District ramifications.
Supervise the contract security service and provide security support to the District
departments.
Supervise, coordinate, and interface the District Central Safety and Workers'
Compensation programs; integrate these with risk management activities.
Prepare and recommend budget for area of responsibility.
Perform other duties as required.
QUALIFICATIONS
Knowledge of:
Property, liability, and Workers' Compensation insurance coverages.
Principles, practices, and techniques of establishing, maintaining; and modifying
a comprehensive risk management program, including loss prevention, evaluation,
and financing and of the methods of investigating and determining the disposition
of various types of insurance claims.
Principles and techniques of organization, management, administration, budgeting,
and cost control, including and understanding the importance of authority,
responsibility, accountability, motivation, and delegation.
The records and reports necessary in the insurance and claims field of California
property damage, personal injury, public liability, workers' compensation, and
records and procedures relating to court actions on insurance and other legal
matters.
Ability to:
Plan, organize, and direct the work of a comprehensive and complex major area
of responsibility.
Prepare clear and concise reports.
Negotiate the coverage and provisions of insurance policies.
5 of 14
CENTRAL CONTRA COSTA SANITARY DISTRICT
Risk Manager (Continued)
Perceive and analyze problems correctly and take effective corrective action.
Prepare budgets and control expenditures.
Establish and maintain cooperative working relationships with District management
and employees, with legal and insurance personnel, with representatives of other
agencies, and with the public often in situations where relations may be strained
and where the exercise of tact, patience, and discretion is required.
EXDerience and Education
Any combination equivalent to experience and education that could likely provide
the required knowledge and abilities would be qualifying. A typical way to obtain
the knowledge and abilities would be:
EXDerience:
At least six (6) years of comprehensive and increasingly responsible
experience in the management of a major activity with emphasis on risk
management, safety, insurance and claims administration, preferably for a
single or multi-purpose government organization.
Education:
Completion of four (4) years of college resulting in graduation with major
work in business or public administration, accounting, or related field.
Licenses or Certificate
Possession of a valid California Driver's License issued by the State Department
of Motor Vehicles.
6 of 14
CENTRAL CONTRA COSTA
SANITARY DISTRICT
Effective:
Range:
S-71
PLANT OPERATIONS SAFETY SPECIALIST
DEFINITION
Assist in the development and implementation of District Safety Programs, train Plant
Operations Department personnel in safety and safe work procedures and precautions,
test and maintain a variety of District safety equipment, and perform other duties as
required, administer general training in support of the Plant Operations Department.
DISTINGUISHING CHARACTERISTICS
The use of respiratory equipment, including Self-Contained Breathing Apparatus (SCBA),
may be required for this position. Therefore, the Plant Operations Safety Specialist will
be required to be clean shaven at all times to comply with the District's respiratory
program and Cal/OSHA standards.
SUPERVISION RECEIVED AND EXERCISED
Receive general direction from the Plant Maintenance Division Manager, or his/her
designated representative.
Receive technical direction from the District's Safety and Loss Control Specialist.
Exercise technical supervision over others in safety-related procedures and training
functions and may exercise immediate or general supervision over subordinate personnel
or contractors in the areas of safety.
EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:
Coordinate and implement District safety program within Plant Operation Department;
plan and develop programs to meet the special health and safety regulations for the Plant.
7 of 14
CENTRAL CONTRA COSTA SANITARY DISTRICT
Plant Operations Safety Specialist (Continued)
Establish and maintain safety principles for employees and the public on the Plant site.
Perform or assist with new employee and contractor safety orientations.
Instruct personnel via formal classroom safety training.
Initiate, write, review and revise Plant Safety Directives; maintain records on safety
equipment maintenance; and issue Safety Permits (confined space, hot work, etc.) in
accordance with Cal/OSHA.
Participate in the investigations of work-related accidents/injuries; analyze causes; obtain
and review reports; recommend and implement measures to prevent their recurrences.
Maintain compliance with Cal/OSHA Industrial Safety Orders; develop safety training to
comply with Cal/OSHA standards as they apply to Plant Operations Department, and act
as a resource person regarding state and federal safety requirements.
Conduct qualitative testing of District personnel for face seal of respirators.
Administer plant safety audit program.
Assist plant maintenance and operations supervisors and other departments in safety
and/or training-related matters.
Conduct safety meetings and participate in Plant Safety Committee meetings.
As assigned, supervise and monitor plant activities or contractors in a variety of safety-
related tasks.
Perform related duties as required.
8 or 14
CENTRAL CONTRA COSTA SANITARY DISTRICT
Plant Operations Safety Specialist (Continued)
QUALIFICATIONS
Knowledge of:
Principles, practices, and methods of safety, occupational health, and industrial
hygiene programs.
Safety hazards and appropriate precautions applicable to work assignments.
Cal/OSHA and ANSI regulations and general industrial safe work practices
including the safe handling and storage of hazardous chemicals and materials.
Methods, materials, equipment, and tools used in the operation and maintenance
of industrial machinery and equipment.
Principles, practices, and techniques of supervision and training.
Basic processes of wastewater treatment.
Abilitv to:
· Plan, direct, and supervise the work of others.
· Personally perform training and safety development.
· Prepare and implement safety training programs, safety directives, safety
inspections, audits, and procedures.
· Develop sound recommendations and courses of action regarding both the
safety practices and programs, and evaluate potentially dangerous
situations.
· Perform a variety of safety-related tests and maintenance tasks on District
equipment.
9 of 1 4
CENTRAL CONTRA COSTA SANITARY DISTRICT
Plant Operations Safety Specialist (Continued)
· Maintain and repair MSA, SCBA, and respiratory equipment.
· Communicate effectively, orally and in writing.
. Establish and maintain cooperative relationships with those contacted in the
course of work.
. Learn and observe all appropriate safety precautions as required by the
District including, but not limited to, Cal/OSHA General Industry Safety
Orders, and the District's Respiratory Protection Program.
Exoerience and Education
Any combination equivalent to experience and education that could likely provide the
required knowledge and abilities would be qualifying. A typical way to obtain the
knowledge and abilities would be:
Exoerience:
Four years of experience as a safety professional in a process-related industrial
setting. Experience must include safety-related employee training.
Education:
Equivalent to the completion of the twelfth grade supplemented by courses in
various aspects of industrial safety including industrial hygiene, first aid, confined
space entry, hot work, and handling of hazardous materials.
Licenses and Certificates:
Possession of a valid California Driver's License.
Possession of certification as a certified safety professional is desirable.
Possession of, or ability to obtain within one year of appointment, a manufacturer's
certificate for repair of the MSA Self-Contained Breathing Apparatus.
1 0 of 14
CENTRAL CONTRA COSTA
SANITARY DISTRICT
Effective: 4/1 /91
Range: S-75
Respirator Class: I
SAFETY AND LOSS CONTROL SPECIALIST
DEFINITION
Plan, organize, coordinate, and review the implementation and maintenance of a
comprehensive and effective District Safety, Occupational Health and Workers' Compensation
Program; assist in the development and implementation of risk management programs.
DISTINGUISHING CHARACTERISTICS
The use of respiratory equipment (including S.C.B.A.) may be required for this position.
Therefore, the Safety and Loss Control Specialist will be required to be clean shaven at all
times to comply with the District's respiratory program and CAL/OSHA standards.
SUPERVISION RECEIVED AND EXERCISED
Receive general supervision from the Risk Manager. May exercise technical supervision.
EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:
Plan, organize, coordinate, and review continuous and comprehensive Safety, Occupational
Health and Workers' Compensation Programs.
Assist departments to determine appropriate safety standards for their staffs and assess
potential loss control problems in order to develop a continuous and comprehensive loss
prevention program; recommend plans for meeting legal requirements as well as for
establishing and maintaining safety principles for District employees and the public.
Provide information to District personnel regarding changes in laws and regulations, including
the Cal/OSHA program and federal and state regulations related to safety issues; act as a
resource person regarding mandated state and federal safety requirements.
Review engineering plans and specifications for safety elements; review work practices and
make recommendations to ensure compliance with safety standards, laws, and ordinances,
as well as safe work techniques. Conduct safety orientations for District project contractors.
Investigate work-related accidents/injuries, analyze causes, obtain and review reports,
recommend and implement measures to prevent their recurrences.
Function as staff to the Central Safety Committee and other Safety Committees upon request;
compile statistics, prepare and present reports, and disseminate safety-related information.
Recommend and draft District-wide safety and health safety directives; prepare and present
periodic status reports.
11 of 14
CENTRAL CONTRA COSTA SANITARY DISTRICT
Safety and Loss Control Specialist (Continued)
Develop, conduct and/or assist in the presentation of training programs for District Personnel
on Safety and Loss Control topics. Secure and coordinate necessary instructors, equipment,
training aids, and facilities.
Administer and manage the Workers' Compensation program; perform claims management;
act as District liaison with carrier, legal and medical personnel in resolution of Workers'
Compensation claims; represent District at Workers' Compensation Appeals Board hearings.
Develop safety and occupational health programs for loss control which can be integrated into
the overall District risk management activities. Prepare and conduct special projects as
assigned.
Perform related duties as required.
QUALIFICATIONS
Knowledae of:
Principles, practices, and methods of safety, occupational health, and loss prevention
programs.
Applicable features of the California Occupational Safety and Health Act and the
California Workers' Compensation Insurance Laws.
Workers' Compensation claims management, applicable Workers' Compensation
procedures, statutes and processes.
California traffic safety laws, fire prevention and suppression techniques, and
equipment/systems.
Emergency response planning and associated drills.
Principles and techniques of employee training.
Safety hazards and appropriate preventative measures applicable to construction
projects.
Hazardous materials as may be found at sanitation agency facilities.
Abilitv to:
Plan, promote, and implement effective safety, loss prevention and workers'
compensation programs.
Maintain attention to detail and work under deadlines while coordinating several
concurrent projects and activities.
1 2 of 14
CENTRAL CONTRA COSTA SANITARY DISTRICT
Safety and Loss Control Specialist (Continued)
Analyze safety and occupational health programs, and their operation and procedures;
develop sound conclusions and recommend appropriate changes and improvements.
Communicate effectively, orally and in writing, with all units of
the District organization.
Organize, assemble, and interpret statistical data.
Establish and maintain cooperative working relationships with District staff, the public,
and contractors.
Learn and observe all appropriate safety precautions as required by the District,
including, but not limited to, Cal/OSHA General Industry Safety Orders and the
District's Respiratory Protection Program.
EXDerience and Education
Any combination equivalent to experience and education that could likely provide the required
knowledge and abilities would be:
Exoerience:
Four years of professional experience in safety, occupational health and employee loss
prevention training, of which two years should involve experience in developing and
implementing a comprehensive safety and loss prevention program, preferably in a
water, wastewater or industrial facility, ,and one year coordinating workers'
compensation claims.
Education:
Equivalent to a bachelor's degree from an accredited college or university with major
study in occupational health, safety, industrial hygiene, physical or biological sciences,
engineering, or a related field.
License or Certificate
Possession of a valid California Driver's License.
Possession of a certificate as a Certified Safety Professional.
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RESOLUTION NO. 91-
A RESOLUTION APPOINTING BONNIE ALLEN TO THE POSITION
OF RISK MANAGER
BE IT RESOLVED by the Board of Directors of the Central Contra Sanitary District
that a Class Description be adopted for the position of Risk Manager, Range M-33, and
that a new position of that title be established in the Administrative Department; and
BE IT FURTHER RESOLVED that BONNIE ALLEN be appointed to the position of
RISK MANAGER at a beginning salary of $5,333 per month, (M-33), and shall be entitled
to benefits accorded to the management group by Resolution No. 85-042 and subsequent
Memoranda of Understanding.
PASSED AND ADOPTED this 21 st day of March, 1 991, by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the District Board of
the Central Contra Costa Sanitary
District, County of Contra Costa,
State of California
COUNTERSIGNED:
Secretary, Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Kenton L. Aim
District Counsel
ADS/Administrative #2/Allen.Res
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
March 21, 1991
NO.
8.
REAL PROPERTY a.
March 13, 1991
SUBJECT
ADOPT RESOLUTION APPROVING THE PURCHASE OF
PARCELS 159-150-033 AND 159-150-037,
APPROXIMATELY 3.623 ACRES, 4737 IMHOFF DRIVE,
MARTINEZ
DATE
TYPE OF ACTION
ADOPT RESOLUTION
SUBMITTED BY
Ken F. Laverty, C.P.M.
Purchasin and Materials Officer
INITIATING DEPT IDIV
Ad m inistrative/Purc hasin
ISSUE: The District Board of Directors' adoption of a resolution is required for the purchase of
real property by the District.
BACKGROUND: At the May 18, 1989 Board Meeting, the Board authorized the District's real
property negotiators to contract with a real estate broker and to pursue the purchase of two
parcels of land, adjacent to and west of the District's 5019 Imhoff Place property. This project
is included in the 1990-91 Capital Improvement Budget on page GI-6. The property consists of
two (2) parcels: Assessor's Parcels 159-150-033 and 159-150-037. The parcels comprise
approximately 3.623 acres and include parking, a 23,120 square foot office and warehouse
building, and a 4,800 square foot metal building commonly known as 4737 Imhoff Drive,
Martinez, California. The owner of the property is K & M Investments.
The negotiated purchase price in the agreement for the property is $2,617,000. This figure
incudes any and all costs for goodwill and relocation. The real estate commission, as previously
negotiated, will be $78,510 (3 percent). The total acquisition cost is $2,695,510, which is
within the authority limits given to the Board's negotiator. The agreement allows the sellers to
occupy their office and warehouse space for eighteen months after close of escrow. The sellers
will pay the costs of the taxes, utilities, fire insurance, etc., during their occupancy period.
The purpose of this purchase is to avoid future use of this site in a manner which may be
incompatible with the possible nuisances associated with treatment plant operations. The
District has actively pursued acquisition of other surrounding parcels in order to ensure an buffer
zone of acceptable uses between the treatment plant and neighboring properties to mitigate
possible noise and odor impacts.
This project has been evaluated by staff and determined to be exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines Section 5.2(b)(3) since it can
be stated with certainty that there is no possibility that this project will have a significant effect
on the environment. A Notice of Exemption will be filed with the County Clerk. Further appro-
priate environmental analysis will be conducted if, in the future, the District considers using the
property for other currently unknown purposes (in addition to the buffer use).
RECOMMENDATION: Approve the purchase of Assessor's Parcels 159-150-033 and
159-150-037 from K & M Investments in the amount of $2,617,000, in accordance with the
Real Estate Purchase Agreement and adoot the attacherl Resolution.
R"EVIEWEtJANDRECOMME"NDED F07'i BOARD ACTION
R~.
ROGER J. DOLAN
1302A-9/8
RESOLUTION NO. 91-
A RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY
BETWEEN THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AND K &-. M INVESTMENTS
'BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary
District as follows:
THAT, this District hereby consents to the execution of the Real Estate Purchase
Agreements And Deposit Receipt and all applicable legal documents for Assessor's Parcel
Nos. 159-150-033 and 159-150-037, between the Central Contra Costa Sanitary District
and K & M Investments;
THAT, the District is hereby authorized and directed to execute the Real Estate
Purchase Agreements And Deposit Receipt and all required escrow documents;
THAT, the President and Secretary of the District are hereby authorized and
directed to accept the Grant Deed for and on behalf of the Central Contra Costa Sanitary
District; and
THAT, the District staff is authorized and directed to record said Grant Deed.
PASSED AND ADOPTED this 21 st day of March, 1991, by the District Board of the
Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Kenton L. Aim
District Counsel