HomeMy WebLinkAbout10. Conduct a public hearing to consider adopting codified Ordinances of proposed District Code updates to various Title chapters Page 1 of 102
Item 10.
_,0tVjjCENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: JUNE 2, 2022
SUBJECT: CONDUCTA PUBLIC HEARING TO RECEIVE PUBLIC COMMENTAND
CONSIDER ADOPTING CODIFIED ORDINANCE NOS. 322AND 323 AMENDING
SECTIONS WITHIN DISTRICT CODE TITLES 1, 2, 4 THROUGH 7, 9, 10,AND 11
SUBMITTED BY: INITIATING DEPARTMENT:
AMELIA BERUMEN,ASSISTANT TO THE SECRETARYOF THE DISTRICT
SECRETARYOF THE DISTRICT
KENTON L.ALM, DISTRICT COUNSEL
REVIEWED BY: KATIE YOUNG, SECRETARY OF THE DISTRICT
Roger S. Bailey
General Manager
ISSUE
A public hearing is required prior to the Board of Directors considering changes to the District Code.
BACKGROUND
As part of a periodic review of the District Code, staff identified various necessary changes in order to conform with
external requirements, internal practices, or to otherwise enable more efficient management of Central San's
operations. Staff reviewed the proposed changes with District Counsel prior the setting of the public hearing. Some
changes are minimal and reflect recent District policy updates or general tidying of code language. Other changes,
such as the revisions provided to various sections within Title 10, Source Control (Pretreatment), have been
proposed to reflect compliance with current environmental practices and permit requirements. For simplicity, these
revisions were prepared under a separate Ordinance.
The revisions are provided in Attachments 1 and 2 in strike-through format to depict the proposed amendments.
Attachments 3 and 4 provide a clean version of the various section amendments within the proposed codified
Ordinance documents.
Overview of amendments made to Chapter 7.02, Title 10, and other revisions:
Chapter 7.02—Acceptance of Interests in Real Property
Staff parsed out the lengthy sentences for irrevocable offers of dedication (i.e., right-of-way or land rights
associated with sewer or recycled water infrastructure)so it is easier to understand by using lists, non-compound
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sentences, ensuring consistent terminology throughout the Chapter, and reordered or reorganized requirements into
the appropriately titled subsection.
For example, subsection 7.02.020 addresses the requirements of acceptance of offers of dedication, but the last
two list items described the acceptance process; therefore, these were moved into subsection 7.02.030, which
addressed the acceptance of those offers of dedication.
Additionally, language was added to clearly state that the District accepts the right-of-way offers for maintaining
sewer and recycled water infrastructure but"...the District does not maintain the surfaces of rights-of-way or
easements. For example the District does not maintain roads, streets, trails, paths, slopes, fences, vegetation,
except as required to maintain and service District facilities." Entities have tried to submit claims to the District to
repave or replace private roadways, or to remove trees or dead animals from easements; while these claims are
rejected, clearly stating the District's lack of ownership and responsibility should reduce staff time addressing these
claims in the future.
Title 10— Source Control
The Source Control Ordinance (Title 10 of the District Code) is required by federal regulations to ensure that
enforceable standards are established to regulate the discharges from businesses connected to Central San's
system to protect its operations. The Source Control Ordinance is periodically reviewed during Pretreatment
Compliance Audits (PCAs)that are conducted to ensure the standards of the federal pretreatment regulations are
being met. The proposed changes to Title 10 are responsive to findings from prior PCAs. Some of the
modifications are recommended by Environmental Compliance staff to clarify the standards based on its
experience applying these standards to businesses during permitting and inspections.
Summary of Other Code Changes
The following summarizes recommended updates to the District Code as provided in the attached documents:
• Chapter 2.04.010: Selection and term of President and President Pro Tem—Amended to include the
situation of election years where the selection of the two seats would instead be chosen at the second
meeting of December.
• Chapter 2.04.020:Appointment on committees—Terminology updated in conformance with the recently
adopted Board Policy No. BP 044—Board Leadership and Community Representation.
• Chapters 4.04.020:Board authorization of positions and recognition of appointments and 4.12.010:
Adoption of class descriptions and salaries—The language updates do not amend any authority already
delegated to the General Manager, but instead aligns with current Board approved practice.Additionally, the
adoption of a current Salary Schedule upon any Board approved salary adjustment has been included.
• Chapters 4.12.40: Change of classifications and 4.16.070:Appointments— In similar situation as provided
above, these proposed changes provide clarification of the positions which may be appointed, established,
amended or abolished by either the Board of Directors or the General Manager. Moreover, these changes
were approved by the Board of Directors in 2013 until such time captured in a District Code update.
• Chapter4.16.040:Medical Report— Paragraph B has been amended to clarify the substance testing is
applicable for those job classifications which require such testing.
• Chapter 4.16.080: Temporary assignments—The proposed changes reflect necessary updates to the
District Code in conformance with current Labor Code stipulations and Board Policy No. BP 018— Sick
Leave for Temporary Employees.
• Chapter 4.24.110:Administration of employer/employee ordinance—There is one change to this chapter,
reflected in Paragraph D, which is a meeting time change from 4:00 p.m. to 3:00 p.m. that had been
previously agreed upon by a meet and confer process with applicable unions. This amendment formalizes the
agreed upon meeting start hour as noted.
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• Chapter 5.04.015:Properly licensed contractors—Addition of two acceptable contractor licenses (B —
General Building Contractor and C-47 -General Manufactured Housing Contractor)for permit consideration
and upon submittal of an issued building permit.
• Chapter5.08.010:Insurance required— Updates will streamline the insurance requirements required of
contractors for permit consideration.
• Chapter 7.15.010:Definitions—This minor housekeeping item is to remove a sentence which had not been
captured as intended during the March 2021 code update, and to reorganize the order of Class One
examples.
• Chapter 7.20.010:District right to access District facilities on private or public property—Similar to clarity
added within section of Section 7.02, language is included to depict the District's non-responsibility of
maintenance of the surfaces of easements or rights-of-way.
• Chapter 9.08.030:Acceptance of sewage facilities—This section stated the acceptance of facilities prior to
2008, but was silent on the requirements or assets accepted after that date. Therefore, it is now clearly stated
that the District will consider acceptance of facilities after they pass inspection, warranty, and the appropriate
land rights are recorded.
• Chapter 9.010.040: Ownership, maintenance and connection of side sewers—The Planning and Risk
Management Divisions identified the need to include the maintenance of side sewers and the impacts that an
unmaintained side sewer could create and provides an avenue for staff to correct such public nuisance as may
be required.
• Chapter 11.10.030: Ownership—As developers are now seeking to extend the recycled water distribution
system, language similar to Chapter 9.08.030 was added to state the criteria for the District to consider
acceptance of new recycled water distribution facilities.
Summary ofAdditional Code Changes for Consideration
The following District Code updates have also been incorporated within the attached documents that were received
post Administration Committee review. These changes were provided-to and reviewed-by District Counsel and are
recommended for Board consideration as part of this hearing:
• Chapter 1.04.100:Definitions—Only one change was requested to the list of definitions that removes the
term "Maximum Recovery." The term is no longer used as part of the current reimbursement fees program
structure. In order to preserve any reference to other defined terms, the 'section' reference will remain but will
not be used for a definition at this time.
• Chapter 6.12.030: General provisions—There is one change to this chapter, reflected in Paragraph D,which
reapplies a sentence that had been removed under a prior Code update. This clarification states that Capacity
Fees are owed for a change of use which results in an added burden, even if no new connection is proposed.
• Chapter 6.24.020:Basis of charge—Three main changes to this section provides needed correction and
clarification, as well as provide a Code reference for staff to use an estimate for new non-residential
customers.
ALTERNATIVES/CONSIDERATIONS
After receiving public input, the Board of Directors could:
1. Approve all or some of the recommended updates to the District Code as presented; or
2. Approve all or some of the recommended updates to the District Code with modifications; or
3. Approve none of the recommended updates; or
4. Continue the public hearing to a future meeting.
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FINANCIAL IMPACTS
There are no financial impacts anticipated from the proposed District Code updates.
COMMITTEE RECOMMENDATION
The Administration Committee reviewed these changes and provided input to staff at its meeting on May 3, 2022,
and recommended the Board hold the public hearing.As noted above, additional updates were provided after the
Committee meeting, but have been reviewed and recommended by District Counsel for consideration as part of
this hearing.
RECOMMENDED BOARD ACTION
Conduct the public hearing and adopt the proposed (codified) Ordinances amending sections within District Code
Chapters 1.04, 2.04, 4.04, 4.12, 4.16, 4.24, 5.04, 5.08, 6.12, 6.24, 7.02, 7.15, 7.20, 9.08, 9.10, 11.10; and
Chapters 10.04, 10.08, 10.12, 10.16, 10.24, 10.28, and 10.32, respectively.
As such and presented, Ordinance No. 322 shall amend all referenced Title chapters listed above, except for those
within Title 10; and Ordinance No. 323 shall amend all referenced Title 10 chapters only.
ATTACHMENTS:
1. Proposed Revisions to Title Chapters 1, 2, 4, 5, 6, 7, 9 and 11
2. Proposed Revisions to Title 10
3. Proposed Ordinance,All revisions sans Title 10
4. Proposed Ordinance, Title 10 only
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Attachment 1
Title 1—GENERAL PROVISIONS
Chapter 1.04 - GENERAL PROVISIONS
1.04.100 Definitions.
(Excerpt of large Code Chapter;change within Section EE only)
Unless the context specifically indicates otherwise,the following terms and phrases,as used in this code,shall
have the meanings designated in this section. Other special terms or phrases may be defined elsewhere in the
code. For example,for definitions related to Recycled Water,see Title 11.
A. "Act"or"the Act" means 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" may be: (1)a principal executive officer of at least the
level of vice president, 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. ...
EE. "
-hate f,,,,,-to be paid to the,nstan„r of the .-.,bate sewage facility. Reserved.
FF. "Meet and confer in good faith" means the mutual obligation personally to meet and confer in order to
exchange freely information,opinions and proposals and to sincerely endeavor to reach agreement on
matters within the scope of representation and discussion.This obligation does not compel either
party to agree to a proposal or make a concession. ...
1.04.100 General Provisions update references:
(Ord.253§ 1(Exh.A(part)),2008:Ord.223 §2(part), 2001; Ord.205§2, 1998; Ord. 198§ 1(Exh.A(part)), 1996:
Ord. 172 § 1(Exh.A(part)), 1989; Ord. 150(part), 1982; Ord. 147(part), 1981;Ord. 128(part), 1978;Ord.93(part),
1974;Ord.86 (part), 1972;Ord.84(part), 1971; Ord. 57, 1965; Ord. 52 (part), 1964; prior code§§ 1-110,4-702,8-
401(B),9-101, 11-301, 12-101 and 16-202 (part))
(Ord. No.315,§§ 1, 2, 3-18-21)
Title 1 Amendment
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Title 2-ADMINISTRATION
Chapter 2.04 BOARD OF DIRECTORS
Chapter 2.04 BOARD OF DIRECTORS
2.04.010 Selection and term of President and President Pro Tem.
The Board shall choose one of its members as President and President Pro Tem at the first meeting of
December,serving for a one-year period,except during election years where new members are seated. In such
case,the Board shall instead choose one of its members for each position at the second meeting of December.
(Ord.253§ 1(Exh.A(part)),2008: prior code§2-101)
2.04.020 Appointment of committees.
When the Board considers it necessary for the efficient transaction of business, it may approve the creation
of ad hoc and standing committees for the purpose of reviewing, investigating and recommending with reference
to a particular matter.The President shall appoint nominate the members of all ad hoc and standing committees
for Board approval.
(Ord. 253§ 1(Exh.A(part)),2008: prior code§2-102)
Title 2 Amendments
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Central Contra Costa Sanitary District,California, Code of Laws
Title 4 PERSONNEL*
Title 4
PERSONNEL*
Chapter 4.04 GENERAL PROVISIONS
4.04.020 Board authorization of positions and recognition of appointments.
The Board shall authorize all Executive Management positions, including the General Manager,Secretary of
the District,and District Counsel, and shall delegate authority to the General Manager for all other such positions
approved in the annual budget provided in this chapter.-and-The Board shall be advised on all appointments to all
such positions.
(Ord. 222(Exh.A(part)), 2002)
Chapter 4.12 CLASSIFICATIONS
4.12.010 Adoption of class descriptions and salaries.
Class descriptions covering all positions of District employment,and a schedule of salaries for each position,
shall be approved,amended and adopted or abolished by the R^ard' ^f Dire^ General Manager,with the
exception of Executive Management positions, including the General Manager,Secretary of the District, and
District Counsel.
A Salary Schedule for all positions shall be adopted by the Board of Directors upon any Board approved
adjustments.
(Ord. 222(Exh.A(part)), 2002)
4.12.040 Change of classifications.
The Board may establish,amend or abolish provisions relating to the General Manager,Secretary of the
District, and District Counsel classifications.The Beard General Manager may amend or abolish a class and A-may
establish,amend or abolish provisions relating to a class or positions within a class,subject as applicable to a union
meet and confer process as defined in Section 4.24.100.These actions may not result in an increase of the Sanitary
District's annual budgeted labor costs.A copy of any revised or amended class description shall be available for
review in the Human Resources Division.
(Ord.222(Exh.A(part)), 2002)
Title 4 Amendments
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Title 4-PERSONNEL*
Chapter 4.16 EXAMINATIONS AND APPOINTMENTS
Chapter 4.16 EXAMINATIONS AND APPOINTMENTS
4.16.040 Medical report.
A. Each candidate for appointment shall be subject to a medical examination and report by a licensed physician
selected by the District.The purpose of the medical report is to establish the physical fitness of prospective
employees for the position offered.The District will pay the cost for the initial medical examination and
required report.The examination shall be conducted within one month prior to appointment.
B. External candidates for appointment also shall be required to be tested for alcohol or illegal substances, if
applicable based on the job classification.A positive test result is grounds for disqualification from
consideration for employment.
(Ord. 222(Exh.A(part)), 2002)
4.16.070 Appointments.
A. Executive Management level positions, including the General Manager,Secretary of the District, and District
Counsel are Board-appointed positions.
B. Management level positions, including but not limited to,department directors and division managers are
Rea dGeneral Manager-appointed positions, and such ntrnents shall be s .,depted by. „i„+,,,.
13C. The District shall make all other staff level appointments from the appropriate District eligibility list.The
District may either make a temporary appointment,an emergency appointment,or a provisional
appointment as provided in Sections 4.16.080,4.16.090 and 4.16.100.
(Ord. 222(Exh.A(part)), 2002)
4.16.080 Temporary appointments.
The District may from time to time require the services of temporary personnel to perform those duties and
responsibilities normally performed by existing personnel.A temporary appointment is generally limited to twelve
months,except or as specified in memoranda of understanding and does not qualify the appointee for the
retirement plan,the insurance plans(unless self-paid),vacation and `O leave allowances,or other employment
rights and benefits made available to regular employees, except as may be required by law.The Beard General
Manager may establish a rate of compensation for a temporary employee different from that of a regular
employee.
A. A. Board may create specific temporary classes at their discretion with compensation and
benefits to be determined by the Board.
B. Sanitary District temporary employees will be provided an annual grant of three days of paid sick leave
within a twelve-month period,and as directed by a Board policy.
(Ord.222(Exh.A(part)), 2002)
(Ord. 222(Exh.A(part)), 2002)
Title 4 Amendments
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Title 4-PERSONNEL*
Chapter 4.24 EMPLOYER-EMPLOYEE RELATIONS
Chapter 4.24 EMPLOYER-EMPLOYEE RELATIONS
4.24.110 Administration of employer/employee ordinance.
A. The District's Director of Administration or his/her designee shall be the District's principal representative
and spokesperson in all matters covered under this chapter and shall have the authority to administer or
delegate the administration of the provisions therein.
B. The rights of the District include, but are not limited to,the exclusive right to determine the missions of its
constituent departments and divisions;set standards of services; determine the procedures and standards of
selection for employment and promotion;direct and assign its employees; require overtime,when
necessary,for operations of the District;take disciplinary action;direct,classify and assign its employees;
relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the
efficiency of District operations, including, but not limited to,the contracting and subcontracting of
production,service maintenance or other type of work performed by the District;determine the methods,
means and personnel by which District operations are to be conducted;determine the content of job
classifications;take all necessary actions to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and the technology of performing its work; provided, however,
that the exercise of such District rights shall not conflict with the express provisions of this chapter or
applicable laws.
1. The rights, powers and authority of the Board of Directors of the District in all matters, including the
right to maintain any legal action,shall not be modified or restricted by this chapter.
2. The provisions of this chapter are not intended to conflict with the provisions of Chapter 10, Division 4,
Title 1 of the Government Code of the state(Sections 3500, et seq.), as amended.
C. Any employee who encourages,causes or participates in any unlawful strike,walkout,stoppage,slowdown
or impeding of work,or any other concerted interference with the conduct of the District's operations,shall
be subject to immediate discharge or other discipline at the sole discretion of the District; however, nothing
in this section precludes the employee from exercising any rights of appeal under an applicable
memorandum of understanding.
D. With the exception of those meetings referenced in Section 4.24.090,a certified employee organization may,
with prior notice to and approval of the Director of Administration or his/her designee, hold no more than
two meetings per year during normal working hours of the District. Meetings referenced in this section shall
only take place at feu-Fthree p.m. unless the District and employee organization otherwise agree to a
mutually acceptable time. If the meeting is to be held on District premises,they then must comply with the
scheduling requirements of the area in which they propose to have their meeting.
E. Certified employee organization(s)and representative unit(s)shall be allowed to use designated portions of
bulletin boards in public portions of District buildings provided that the information displayed is within the
scope of representation, is not offensive,obscene,or profane,and that the responsible party appropriately
posts and removes the information.
F. Representative(s)of a certified employee organization(s)or representative unit(s)shall be allowed
reasonable access to work locations to discuss employee-related matters.The representative shall first notify
the designated District representative in advance of the need for such access,shall not interfere with any
work activities without District authorization,and shall comply with all safety rules and regulations in effect
at that work location.
Title 4 Amendments
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G. Representative(s)of a certified employee organization(s)or representation unit(s)shall be permitted to
place a supply of literature at specific locations in District buildings if arranged in advance with the Director
of Administration or his/her designee and provided such materials are not offensive,obscene,or profane.
(Ord. 222(Exh.A(part)), 2002)
Title 4 Amendments
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Title 5-PERMITS AND LICENSES
Chapter 5.04 GENERAL PROVISIONS
5.04.015 - Properly licensed contractors.
All contractors doing sewer/recycled water work within the District shall be properly licensed in accordance
with the state of California Contractors License Law and the California Contractors State License Board rules and
regulations.Acceptable license classifications are: "A"—General Engineering Contractor; "B"—General Building
Contractor; "C-34"—Pipeline; "C-36"—Plumber;aPA-"C-42"—Sanitation Systems; and "C-47" — General
Manufactured Housing Contractor; and/or those classifications which may be promulgated in the future by the
state of California which provide for performance of like work.
The sewer/recycled water work which contractors with B, C-36, or C-47 licenses may perform is restricted to
private side sewers/recycled water from public sewer/recycled water mains to buildings, excluding connections
to the public sewer/recycled water mains.
A"B"—General Building Contractor shall Pet-only be issued a sewer work permit related to a larger project that
requires that contractor to perform at least two unrelated building trades or crafts other than framing or
carpentry, or unless the general building contractor holds the appropriate license classification or subcontracts
with an appropriately licensed specialty contractor to perform the work. , unless he ^F she -'--^ held-S Ane ^f the
A"C-47"—General Manufactured Housing Contractor shall only be issued a sewer work permit to provide sewer
service on a single-family individual site placement of a manufactured home.
(Ord. 253 § 1(Exh.A(part)), 2008)
(Ord. No. 315, §9, 3-18-21)
Chapter 5.08 INSURANCE AND OTHER PERMIT REQUIREMENTS
5.08.010 Insurance required.
A. A contractor who applies for a contractor's permit shall obtain and maintain workers compensation
insurance as required by California law and general liability insurance.
B. It is the contractor's sole responsibility to obtain and maintain WOFI(ers compensation and general and
Abile viability insurance.This section is not intended, nor was any previous version of this section
intended,to create or impose any duty upon the District to ensure that contractor obtains and maintains this
insurance. However,due to the importance of liability,safety and insurance issues,the District may,on a
case-by-case basis, investigate the contractor's workers cempensatie^ genera' and a tem^"i'^insurance
coverage at any time. Failure of the contractor to obtain and maintain workers'compensatien insurance arm
liability coverage-as set forth in this section may cause the denial and/or suspension of a contractor's permit,
at the sole and absolute discretion of the District.
(Ord.253§ 1(Exh.A(part)),2008)
Title 5 Amendments
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Title 6-FEES AND CHARGES
Chapter 6.12 - CAPACITY FEE PROGRAM
6.12.030 General provisions.
(Large Code Chapter,•change within Section D only)
D. Time for Payment and Penalties for Delinquent Payment.
1. Except for users who elect to participate in the capacity fee installment payment programs as provided
below, payment of capacity fees shall be due and made prior to the time of imposition of any added
burden Payment of Capacity Fees will be made at the time the District approves building plans. For a
change of use where no new connection is proposed by the user, payment of Capacity Fees will also be
made at the time the District approves building plans. If an added burden occurs without payment of
capacity fees, payment shall be due at the time of the District's discovery of the added burden.
2. Under ordinary circumstances where a connection permit is sought, or where the District receives prior
notice of a proposed change in use, unpaid fees and/or charges shall become delinquent forty-five days
after mailing,or personal delivery of,a notification of fees and/or charges that are due.
3. Under circumstances where the District does not receive a request for a connection permit or building
plans for review prior to a change of use occurring,the fees and charges shall become delinquent
either at the time when the new connection or change in use occurs or at the time of subsequent
discovery of the unreported new connection or change in use,at the discretion of the general manager
after consideration of the facts of the particular situation.
4. Penalties for delinquent capacity fees shall be in accordance with Section 1.08.080(Penalties for
delinquent payments).The penalties expressed therein shall be cumulative with, and in addition to,
any and all other remedies that the District may have in law or equity.The District shall be entitled to
recover its attorneys'fees under this chapter, in addition to any fees, penalties, interest or other
amounts to which the District may be entitled.
6.12.030 General Provisions section update references:
(Ord.253§ 1(Exh.A(part)),2008)
(Ord. No. 263, § 1,9-2-2010; Ord. No.315, §35,3-18-21)
Chapter 6.24 - SEWER SERVICE CHARGE
6.24.020 Basis of charge.
A. The basis of the sewer service charge is a fair and equitable distribution of sewer system costs to users of the
sewer system. Periodic cost of service studies shall be conducted to support the District's revenue
requirement,allocation of costs,customer classes and rate design for recovery of costs within classes.
B. As a predominantly residential service agency,the basic unit charge established in this chapter by the District
is that necessary to recover the sum of total system and plant operation, maintenance, and replacement
costs(including pay as you go and debt service costs funding capital needs),and general administration and
accounting cost for providing service to an average single-family dwelling unit,and shall be a flat rate per
menth year per living unit. Rates for multi-family dwelling units shall also be calculated as a flat rate per
living unit.The basic unit charge for other users of the system shall be in units of one hundred cubic feet of
sewage discharged to the sewer system.
Title 6 Amendments
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Title 6-FEES AND CHARGES
C. Charges for nonresidential users shall be estimated based on their use of the sewer system for the previous
calendar year.The General Manager shall establish procedures to fairly and equitably estimate use of the
sewer system for new service or when sufficient historic data is not available.Such procedures may include
the use of standard flow factors established by ordinance.
6D. Certain other costs of the District include recovery of capital costs and debt service related to the funding of
capital costs.Capital improvement costs for plant and sewer system shall be financed,to the extent possible,
primarily from revenues derived from ad valorem taxes,annexation charges,agency contracts,and
connection charges,and from sewer service charges and debt proceeds as necessary.These rates and
charges shall be established by ordinance of the Board of Directors of the District and reviewed periodically.
Charges for nonresidential users shall be based an the use ef the sewer systeFn f8F the pFeViGUS Ealen
year.
(Ord.253§ 1(Exh.A(part)),2008)
(Ord. No.315, §42,3-18-21)
Title 6 Amendments
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Title 7-REAL PROPERTY AND IMPROVEMENTS
Chapter 7.02 ACCEPTANCE OF INTERESTS IN REAL PROPERTY
7.02.020 Irrevocable offers of dedication, requirement of acceptance.
A `.1hPn ^ s, bdilf6Si^^ map An offer of dedication ("offer")can be submitted by subdivision map to any local
public agency for approval pursuant to the Subdivision Map Act(California Government Code Section 66410
et seq.)or directly to the District by separate instrument.
B. An offer can be made for an area partially or completely within the District's boundaries,or for an area which
is intended to be annexed to the District pursuant to the development of that subdivision., Is submitted to
any lecal public agency for approval pursuant to the Subdivision Map Act(California Government Code
Section 66410„t seq.),the
C. An offer of dedication of an easement or public right-of way,such as a street, road,trail;or path,easement
.„th,,,-antp-rests in real property explicitly or implicitly for sewer/recycled water purposes^^gip shall
be deemed to be an irrevocable offer of dedication ("irrevocable offer') in favor of the District.
The rejection of an offer nense er/recycled water rig by any other local public agency shall not affect the
irrevocable offer potentially available to the District for use for sanitary sewer/recycled wateF faeulities or the
District's right to later accept such offers of dedweation for sanitary sewer/recycled water purposes.
13D. Prior to the District completing Its final Feview of plan and issuance^f issuing a permit for construction,0"
prepesed ext,,.,S,,,., „f^ District er/..,cycl,.d, ,^t,,. the party seeking such permit,s „applicant
shall submit documentation conclusively demonstrating that adequate rights-of-way mate fe
GORStFUCtiOR, reconstruction, reRewal, alteratiOR, operatien, maintenance, inspection, repair and
replacement of the proposed Fnaier/..,cycle d water exteRS60., have h.,.,..were acquired in favor of a-Rd
^form ^,cept^hl.,to the District.This documentation shall be by one or more of the following
instruments,on forms acceptable to the District and suitable for recording:
{431. evidence of submittal of a subdivision map,which was favorably reviewed by the District,for approval
to the county or city with jurisdiction pursuant to the Subdivision Map Act;,following f^.,,,.^hl.,revi,,..,by
the District, of a s,_,_hd_i;As4A_.n map that inCl U d-P_s A_ffers A-f d-P-F-1 6C_-at6A_nA-f streets, reads,tra.1s, paths, easeFnents
A-r A-thp-.r antp-rests in real property explicitly,or implicitly in the case ef public read dedications,fer sanitary
sewer/recycled water purposes ever the entire alignment of the proposed main sewer/recycled water
extension, or portions th.,reef•
942. submittal of properly executed irrevocable offers; of dedicatien f^'easements ever the entire
t..the Distriet.
r
X33. submittal of documents eR f.......S aeEeptable t..the DiStriet and suitable f....
executed by the dominant tenement ewneF(S) ef appurtenant easements eveF the eRtiFe alignment e
prepese,d Fnain sewer/reeyEled water extensieOF .,.ti.,.,S th,,reef reflecting^ .,t to th„ D64ri.,t A
t#_—appurtenant rights regarding sanitaFy sewers pursuant to the provisions of Chapter 7.04 of this code;
and/or
{434. quitclairns,grants of easement or other similar documents.
General or specific-case authority to receive and record irrevocable offers of dedication may be delegated to
the General Manager by resolution of the Board. HeweveF pt and . erdi.,,.,.f^., ; ^hl.,„ff,,.„f
dedaeataen shall not eenstitute Distriet aeEeptanEe ef the effeF of dedication.QffeFs ef dedication shall be
-DE. With the exception ef these real preperty inte.re-sts-ar-AnAWNIedged,asserted and declared in Chapter 7.01, an
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Title 7-REAL PROPERTY AND IMPROVEMENTS
general or ^"'^Ease „thOFety+^ ^ pt offers of,deka., Neither the receipt nor recording by the
District of an irrevocable offer of dedication instrument nor a property owner's filing of a subdivision map
V ncluding offers of dedication shall constitute acceptance of the offer of dedication.
(Ord.253§ 1(Exh.A(part)),2008)
(Ord. No.315, §49,3-18-21)
7.02.030rmeeptance of effers of ded-i^a}i^^ fGF limited PUFpese Irrevocable offers of
dedication -Acceptance.
A. The District may accept any irrevocable offer^f dedi.-,+;^n ..f^ ^r+.,Fight-.-f^r, ^f^r .,et ffy
seweriFeeyeled water facility purposes in its entirety or only in aFt At the di-r..-^+,^r of+he BeaFd +h.,
D65444 Fnay limit acceptance of any dedication solely to e)(Elusive eF nonexelusive subsuFfaEe Fights faF the
rights Fnay be limited to certain locations within a larger dedication.
B. Except those real property interests stated in Chapter 7.01,an irrevocable offer shall be accepted by the
District only by either: (1)adoption and recording of a resolution of the Board;or(2) by execution and
recording of a "Certification of Acceptance" by the General Manager pursuant to a resolution of the Board
delegating general or specific case authority to accept offers of dedication.
C. In no event shall such an l+agited acceptance constitute acceptance of^ pted ^ erty rights ch Rr
rights for public street or public right of way, r subject the District to responsibility for maintenance or
liability arising from facilities er land whichthat were not specifically accepted or net.^I.,+^1+^ ; Ritar„
seweF/recycled water faciliti specified in the"notice of acceptance of sewer/recycled water facilities."
Furthermore,the District does not maintain the surfaces of rights-of-way or easements. For example,the
District does not maintain roads,streets,trails, paths,slopes,fences,vegetation,except as required to
maintain and service District facilities.
(Ord. 253§ 1(Exh.A(part)),2008)
(Ord. No.315, §50,3-18-21)
7.02.050 Grants of easement -Acceptance.
A. Notwithstanding the rights and prerogatives granted under this chapter,the District reserves to itself the
power to acquire grants of easements for sewer/recycled water purposes when, in its discretion, it
determines that it is advisable to do so.The grants of easements shall„—+be accepted by the District u4-A4
accepted only by either: (1)adoption and recording of a resolution of the Board;or(2) by execution and
recording of a "Certification of Acceptance" by the General Manager pursuant to a resolution of Board
delegating general or specific case authority to accept offers of dedication.
B. In no event shall such an acceptance subject the District to responsibility for maintenance or liability arising
from facilities that were not specified in the"notice of acceptance of sewer/recycled water facilities."
Furthermore,the District does not generally maintain the surface of rights-of-way or easements. For
example,the District does not maintain roads,streets,trails, paths,slopes,fences,vegetation,except as
required to maintain and service District facilities.
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Title 7-REAL PROPERTY AND IMPROVEMENTS
(Ord. 253§ 1(Exh.A(part)),2008)
(Ord. No. 315, §52,3-18-21)
Chapter 7.15 EASEMENTS AND EASEMENT ENCROACHMENTS
7.15.010 Definitions.
For the purposes of this chapter,the following terms have the meanings specified below.
A. "Easement" means a property right, however created, by which the owner of the right is entitled to
make specified uses of the real property of another person;the term "easement" includes"reserve,"
"sewer reserve,"or"utility reserve."
B. "Encroachment" means an activity or condition that results in significant interference with the District's
enjoyment of its easement rights.As used in this chapter,there are two classes of encroachments:
1. Class One Encroachments.These are encroachments that may result in significant interference
with District's use of easements unless adequate safeguards and/or mitigation measures are
taken. Examples of Class One encroachments ordinarily include: Interlocking pavers, pervious
pavers, patios or decks without subsurface foundations,sheds or stage units that are rea4 y
^w;hl^frem the easem^^t modest landscaping,aad-minor cuts and fills, and sheds or
storage units that are readily removable from the easement.
amend
and procedures to implement the pFevisieRs of this
iReludiRg
th.,f.,IIA rules, ' '
-b-
2.
2. Class Two Encroachments.These are encroachments that are likely to result in significant
interference with District's use of easement for the present or future, and where simple
safeguards and/or mitigation measures will not remove or adequately ameliorate the
interference with construction, reconstruction, renewal, alteration,operation, maintenance,
repair and replacement of or access to District sanitary sewer facilities within the easement.
Examples of Class Two encroachments ordinarily include: permanent structures such as buildings
(including garages or outbuildings),swimming pools, permanent decks, reinforced concrete
surfaces,solar panels,sports courts,substantial landscaping structures,and retaining walls.Class
Two encroachments also include temporary structures that are not readily removable from the
easement, are likely to cause root intrusion,or are prone to interfere with operation of District
facilities,such as:trees, large bushes,overgrown vegetation, large accumulations of stored
materials,storm water retention/treatment facilities,and other activities and conditions which
may prevent reasonable access for construction, reconstruction, renewal, alteration, operation,
maintenance, repair and replacement of District facilities within the easement.
C. "Property owner" means the fee owner or long-term leaseholder of the servient tenement to the
District's easement.
D. "Significant interference" means,with respect to encroachments on District easements, an activity or
condition that has the potential to damage or to inhibit access to District facilities,that may or will
result in excessive cost to the District to use the easement for its intended purposes,or that may or will
result in blockage or damage to District facilities.
(Ord. 253§ 1(Exh.A(part)),2008)
(Ord. No. 315,§55,3-18-21)
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Title 7-REAL PROPERTY AND IMPROVEMENTS
Chapter 7.20 RIGHT TO ACCESS DISTRICT FACILITIES
7.20.010 District right to access District facilities on private or public property.
Where the District has facilities within easements, reservations or rights-of-way, including those real
property interests acknowledged,asserted and declared in Chapter 7.01,the District shall have the right to enter
private property in order to construct, reconstruct, renew,alter,operate, maintain, inspect, repair and replace
District facilities and as set forth in Section 1.08.020 of this code.The District may also remove landscaping and
other encroachments within the easement, reservation or right-of-way that significantly impede access to District
facilities or unreasonably interferes with the construction, reconstruction, renewal,alteration,operation,
maintenance, repair or replacement by District of its facilities within the easement, reservation or right-of-way.
In no event shall such access subject the District to responsibility for maintenance of the easement or rights-
of-way, or the surrounding property across which it travels. For example,the District is not responsible for
maintenance of the surfaces of roads, streets,trails, paths,slopes,fences,vegetation, except as required to
maintain and service District facilities.
(Ord. 253 § 1(Exh.A(part)), 2008)
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Title 9-SEWERS*
Chapter 9.08 PUBLIC SEWERS
9.08.030 Acceptance of sewage facilities.
A. Where, prior to October 2,2008,the District has constructed,or obtained by contribution,and maintained
the public sewers and other sewage facilities that are shown on the District's"collection system maps" as of
the date of adoption of this title and kept on file by the Secretary of the District in an uncodified manner
(referred to as"system maps" in this code),whether in a public or private right-of-way,street, road, path,
easement, reservation or any other location whatsoever,and where such sewers and facilities were not
explicitly accepted by the District in the past,the District declares that it has in fact accepted all such sewers
and facilities for public use through its conduct. In the cases where District staff has issued a "notice of
acceptance of sewer facilities" or a substantially similar document to an installer of sewers and/or other
sewage facilities intended for contribution to the District,the date of the District's acceptance of such sewers
and facilities shall be deemed to be the date of such notice or substantially similar document.
Notwithstanding the paragraph above,there are specific sewer facilities which may be shown on the
collection system maps to which these general declarations and acceptances do not apply.The specific sewer
facilities that the District does not acknowledge or accept ownership of include the following:
1. Facilities labeled as"Abandoned Lines"on the collection system maps;
2. Facilities labeled as"Tentative Sewer Lines"on the collection system maps;
3. Facilities labeled as"Proposed Future Lines"on the collection system maps;
4. Facilities labeled as"Private Lines"on the collection system maps;
5. Facilities marked by text or labels on the collection system maps as being owned by other public
agencies.
B. The Board delegates te the Geneeiral 5.4anageF the Fespensibility and autherity to accept,9F Feject, any sewers
faEeletaes shall be deemed aeEepted by the Distriet as ef the date of the "NetiEe ef AEeeptanEe ef Sewer
Faealatees" issued to the installer fellewang final anspeetion of the sewers er etheF faeHities by
DiStFiCA Staff.
B. After October 2, 2008, acceptance of sewer facilities shall be considered after the following are met:
1. pass inspection by the District; and
2. pass a one-year warranty;and
3. appropriate land rights per Section 7.020 were recorded.
The Board delegates to the General Manager the responsibility and authority to accept,or reject,any sewer
facilities offered for contribution to the District.The facilities shall be deemed to be accepted by the District
as of the date and to the extent stated in a "notice of acceptance of sewer facilities",or a substantially
similar,document issued to an installer.
(Ord. 253 § 1(Exh.A(part)), 2008)
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Title 9-SEWERS*
Chapter 9.10 SIDE SEWERS AND CONNECTIONS
9.10.040 Ownership, maintenance and connection of side sewers.
A side sewer is a private facility.The property owner shall be responsible for constructing, repairing and
maintaining the entire side sewer between the building and the public sewer(including both the lateral and
building sewers,and the tap,saddle or wye connection fitting at the public main sewer).The District shall not be
financially responsible for any side sewer construction,operation, maintenance, repair,abandonment or other
costs whatsoever,except where the District itself or its contractor reconstructs or realigns the public sewer,
thereby necessitating the reconnection of private side sewers to the public sewer.
Property owners shall maintain side sewers in such a manner as to prevent overflows.
The District Board of Directors has determined that side sewer overflows may constitute a public nuisance as
defined in Chapter 1.04.The Board delegates authority to the General Manager to determine whether the
condition of a side sewer constitutes a public nuisance.
If the General Manager determines that a side sewer constitutes a public nuisance,the District reserves the
right to abate this nuisance as detailed in Chapter 1.08.050 and recover associated costs as detailed in Chapter
1.08.090.
(Ord.253§ 1(Exh.A(part)),2008)
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Title 11—RECYCLED WATER
Chapter 11.10—Definitions and Introductory Provisions
Chapter 11.10 DEFINITIONS AND INTRODUCTORY PROVISIONS
11.10.030 Ownership.
The District is the sole owner of the distribution facilities,and of equipment, plies RtieSFights 8f
way, eRereachmeRt permits, and licenses that are acquired fer the distrib-Aie.n facilities up to and including the
customer service meters.Customer service meters shall be owned by the District.All facilities on the customer side
of the point of connection shall be owned,operated and maintained by the recycled water customer.
Acceptance of distribution facilities shall be considered after the following are met:
1. pass inspection by the District;and
2. pass a one-year warranty;and
3. appropriate land rights per section 7.020 were recorded.
The Board delegates to the General Manager the responsibility and authority to accept,or reject, any
distribution facilities offered for contribution to the District.The facilities shall be deemed to be accepted by the
District as of the date and to the extent stated in a "notice of acceptance of recycled water distribution facilities,"
or a substantially similar, document issued to an installer.
(Ord.253§ 1(Exh.A(part)),2008)
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Attachment 2
REVISIONS TO
TITLE 10
SOURCE CONTROL(PRETREATMENT)
Chapter 10.04
GENERAL PROVISIONS
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: (��i,TG�lexeGutive officer0 ndustrmal user is a Gerperation; (2) general partner or preprieter Of the industrial user is a
, �
partriership or proprietorship, respeGtively; or (3) duly authorized representative ef the
0 ridividual designated above Of suGh representative is responsible for the ever
is identified in writing by the individual designated in (1) or M\ above
(1) By a responsible corporate officer if the Industrial User is a corporation. For
the purpose of this paragraph, a responsible corporate officer means:
(i) a president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who performs
similar policy- or decision-making functions for the corporation, or
(ii) The manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established or
actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(2) By a general partner or proprietor if the Industrial User is a partnership or sole
proprietorship respectively.
(3) By a duly authorized representative of the individual designated in paragraph
(1) or (2) of this section if:
1
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REVISIONS TO
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SOURCE CONTROL(PRETREATMENT)
(i) The authorization is made in writing by the individual described in
paragraph (1) or (2);
(ii) The authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the
discharge originates, such as the position of plant manager, operator of a
well, or well field superintendent, or a position of equivalent responsibility,
or having overall responsibility for environmental matters for the company;
and
(iii) The written authorization is submitted to the District.
C. Best Management Practices (BMPs). Schedules of activities, prohibitions
of practices, maintenance or operating procedures, and other management practices to
implement that which is listed in 40 Code of Federal Regulations Section 403.5(a)(1)
and to prevent or reduce the pollution of "waters of the United States." BMPs also
include treatment requirements, operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials
storage. Best Management Practices may be proposed by an individual user and
accepted by the District or, as set forth in this Ordinance, mandated and set by the
District.
D. 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 (201) centigrade expressed in terms of weight and
concentration (milligrams per liter, mg/1).
D-.E. Carbonaceous Biochemical Oxygen Demand (CBOD). The quantity of
oxygen utilized in the biochemical oxidation of organic matter, excluding oxidation due
to nitrogenous bacteria, under standard laboratory procedure, five (5) days at twenty
degrees (201) centigrade expressed in terms of weight and concentration (milligrams
per liter, mg/1).
E—.F. Categorical Standards. National pretreatment standards which specify
quantities or concentrations of pollutants or pollutant properties that may be discharged
by industrial users in specified industrial subcategories.
F—.G. Class I Industrial User. Any nondomestic user who requires a significantly
greater level of administrative services and/or oversight by the District Source
Control Environmental Compliance Program than a Class II User, 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.
H. Class II Industrial User. Any nondomestic user of the District's wastewater
disposal systemfacilities who (1) has a discharge flow of twenty-five thousand
(25,000) gallons or more per average work day, or (2) contributes process wastewater
2
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REVISIONS TO
TITLE 10
SOURCE CONTROL(PRETREATMENT)
which makes up 5% or more of the District treatment plant's average dry weather
hydraulic or organic capacity; or (3) has in its wastes hazardous pollutants, or (4) is
subject to national pretreatment standards, or (5) has in its untreated wastewater
pollutants which are in excess of any pretreatment standard or requirement, including
any standard identified in this ordinance or local limits set by resolution of the District
Board, or (6) may, in the opinion of the District, have a reasonable potential for
adversely impacting, either singularly or in combination with other contributing
industries, the District's treatment plant or the ability of the District to meet the objectives
of this Ordinance or for violating any pretreatment standard or requirement.
G-.1.
H. Class III Industrial User. Any nondomestic user who 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 who generates hazardous waste, whether or not said waste is, in the
normal course of the industrial process, discharged into the sanitary sewer system, may
be considered a Class III Industrial User. A nondomestic 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 potential for this waste to be
discharged into the sewer, even through accident in non-process or process of handling
of the waste. This classification 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 hazardous materials, whether or not a
hazardous waste is produced in the industrial or commercial process if, in the
determination of the District, a 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 who 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 403.8(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 Gategories whish may be innli ded in the
Class M industrial User designation are: analytiGal and GliniGal laboratories, d-ry
and striesf nhete nreGesserco and peStiGide forma laters and applinatero
1-J. Class IV Industrial User. Any non-domestic user who is not included
within the definitions and parameters of Class I, Class II, or Class III Industrial Users.
3
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REVISIONS TO
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SOURCE CONTROL(PRETREATMENT)
J-.K. Collection System. The District pipelines, pump stations, manholes, and
other similar facilities which accept, collect, and convey sanitary sewage to the
Treatment Plant.
ISL. Constituent. A pollutant parameter that may be subject to monitoring or
other control measures by a user.
L-.M. Cooling Water. The water discharged from any use such as air
conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
M-.N. Daily Maximum Limit. The maximum allowable discharge limit of a
pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of
mass, the daily discharge is the total mass discharged over the course of the day.
Where Daily Maximum Limits are expressed in terms of a concentration, the daily
discharge is the arithmetic average measurement of the pollutant concentration derived
from all measurements taken that day.
N-.O. Discharge or Indirect Discharge. The introduction of pollutants into a
Publicly Owned Treatment Works from any non-domestic source regulated under
section 307(b), (c) or (d) of the Act.
Q P. Discharge Prohibition. Regulatory strategy to control pollutant sources by
prohibiting the discharge to the sanitary sewer system rather than establishing numeric
discharge limits.
P—.Q. District. T nL-Central Contra Costa Sanitary District.
4R. District Board. The Board of Directors apd-forthe Central Contra Costa
Sanitary District.
R-.S. District Facilities. All of the District's system of collecting, conveying, and
treatment including, but not limited to, the collection system and treatment plant. This
includes any publicly owned facility connected to the District's collection system which
generates wastewater treated at the District treatment plant.
S-T. 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 of a private conveyance system. The strength shall be considered to
have no more than 300 milligrams per liter (mg/1) BOD and suspended solids.
�U. 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.
kLV. General Manager. The General Manager of the District or his duly
authorized representative.
4
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REVISIONS TO
TITLE 10
SOURCE CONTROL(PRETREATMENT)
V-.W. Hazardous Pollutants. Any constituent or combination 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.
W-.X. Holding Tank Waste. Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, and vacuum-pump tank trucks.
X-.Y. Industrial User. Any contributor of industrial waste or wastewater.
Y-.Z. 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.
SAA. Instantaneous Limit. The maximum concentration of a pollutant allowed to
be discharged at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the duration of the
sampling event.
A BB. Interceptor. A nrenast er Gast_in_plaGe nennrete containment device
designed to intercept, trap, or otherwise prevent grease, sand, flammable liquids, or
other potentially harmful substances potentially harmful to from entering the sewerage
system from entering song system District facilities.
B&CC. Interference. An act that harms or disrupts the facilities, processes,
or operations of the District; or has an adverse effect on the quality of the effluent,
sludge, air emissions, or other residuals generated by the District's facilities; or has an
adverse effect 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. Interference can
include, but not be limited to, a discharge that causes or contributes to a violation of any
requirement of the District's NPDES permit (including an increase in the magnitude or
duration of a violation) or of the prevention of sewage sludge use or disposal in
compliance with the following statutory provisions and regulations or permits issued
there under (or more stringent State or local regulations): Section 405 of the Clean
Water Act, the Solid Waste Disposal Act (SWDA) (including title 11, more commonly
referred to as the Resource Conservation and Recovery Act (RCRA), and including
State regulations contained in any State sludge management plan prepared pursuant to
subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the
Marine Protection, Research and Sanctuaries Act.
CGDD. Mobile Service Provider. A person or business that provides
mobile or non-stationary services to commercial or industrial activities within the
District's service area that generate wastewater needing to be discharged into a
s
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REVISIONS TO
TITLE 10
SOURCE CONTROL(PRETREATMENT)
sanitary sewer system. The person or business providing the service may or may not
have a base of operation in the District's service area.
O-D-.EE. 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.
€AFF. National Pollution Discharge Elimination System or NPDES Permit.
A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
€BGG. New Industrial User. A person who has not contributed or caused to
be contributed industrial waste or wastewater into District facilities from a given building,
structure, facility, or installation. A "new source," as defined below, is included within
the meaning of"new industrial user."
G&HH. New Source. A building, structure, facility, or installation from which
there is, or may be a discharge of pollutants, construction of which began after the
publication of the proposed pretreatment standards pursuant to Section 307(c) of the
Clean Water Act, which will apply to the source if the standards are promulgated, in
accordance with that section provided that: (1) the source is constructed at a site at
which no other source is located; (2) the source totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source; or
(3) the production or wastewater-generating process of the source are substantially
independent of an existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new facility is
integrated with the existing plant and the extent to which the new facility is engaged in
the same general type of activity as the existing source should be considered. The
standards contained in 40CFR403.3(m)(2) and (3) are incorporated by reference. See
also New Industrial User and New User, supra.
#loll. New User. A person who has not contributed or caused to be contributed
waste or wastewater into District facilities from a given building, structure, facility, or
installation. A "new source," as defined belowabove, is included within the meaning of
"new user."
II Nen_Cignifi nt Gategnri I User. /\ Industrial User that is si bjeGt to an
Earn-va-ccgvrrEa--�.rc.�cr�--n-ra-crs �a�ccrcv--arT
wastewater,established GategOFiGal Pretreatment Standard but that never diSGharges more than
100 gallons per day (gpd) Of GategOriGally regulated PrOGess
and Gernplies
with the Fequiromonts in 40 GCC? 403.3(v)(2) and 40 GCC? 403 'I2/rY\
JJ. Notice of Violation. A document informing the user that it has violated the
District Source Control Ordinance and appropriate corrective action must be taken.
KK. 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.
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LL. Pass Through or Passes Through. A discharge that exits the District
wastewater system in quantities or concentrations that, alone or with discharges from
other sources, have the reasonable potential to cause a violation of the District's
NPDES permit.
MM. Person. Any individual, partnership, co-partnership, 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.
NN. pH. The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in moles per liter of solution.
00. 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,
manufacturing, or processing operation of whatever nature.
PP. Pollution. An alteration of the quality of the waters of the State by waste to
a degree which unreasonably affects (1) such waters for beneficial use or (2) facilities
which serve such beneficial uses or which create a hazard to the public health.
QQ. Pretreatment or Treatment. The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of
the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu
of discharging or otherwise introducing such pollutants into District facilities. The
reduction of alteration can be obtained by physical, chemical, or biological processes, or
process changes by other means, except as prohibited by 40 CFR Section 403.6(d).
RR. Pretreatment Requirement. Any substantive or procedural pretreatment
requirement, other than a National Pretreatment Standard, applicable to industrial
users.
SS. Pretreatment Standard. Any regulation of the District, State, or EPA
containing pollutant discharge limits or other procedural or substantive requirements of
the user.
TT. Process Wastes or Wastewater (Discharges). See Industrial Waste or
Wastewater defined above in part "Z" of this chapter.
TUU. Publicly Owned Treatment Works (POTW). A treatment works as
defined by section 212 of the Act, which is owned by a State or municipality (as defined
by section 502(4) of the Act). This definition includes any devices and systems used in
the storage, treatment, recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature. The term also means the municipality as defined in section
502(4) of the Act, which has jurisdiction over the Indirect Discharges to and the
discharges from such a treatment works.
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kpj-.VV. 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 o Fge will ho E)ncideFed a cls g dicnharge if the fIEPv
acs sties. ��� �,
fl#88R (15) MIRLIteS er mem thaR fiV8 (5) tomes the average twenty four (24) hour
eonGentra' tions. 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 result of a non-continuous 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
V�WW. Significant Industrial User (SIU). Any industrial user classified as a
Class I or Class II industrial user shall be a Significant Industrial User under the federal
pretreatment standards.
WW.XX. Significant Noncompliance (SNC). Any violation of pretreatment
standards or requirements that, in the opinion of the District, constitutes significant
noncompliance. This 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 as more particularly set
forth in Section 10.16.110 of this Ordinance.
Xx_.YY. Special Discharge Permit. A permit that authorizes temporary
discharges to the District's sanitary sewer system from sources that are not able to be
discharged to a municipality's storm drain system including but not limited to:
groundwater remediation system, groundwater monitoring well purge water,
construction dewatering, pool discharges, tank test water, temporary discharges of
foundation drains or area drains while permanent solutions for pollutants are developed,
and water from reservoirs to enable cleaning. The Special Discharge Permit will specify
the conditions for acceptance of the wastewater.
YY_.ZZ. 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.
ZZ-.AAA. State. State of California.
AAA.BBB. Storm Water. Any flow occurring during or following any form of
natural precipitation and resulting therefrom.
BBB.CCC. 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.
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SSGDDD. Trap. A Gast Oren or stainless s+ containment device used for
trapping substances and to prevent grease, sand, or flammable liquids from entering the
sewerage systernDistrict facilities.
ODD.EEE. Treatment Plant. Any facility owned by the District that is designed
to provide treatment to wastewater.
€€E.FFF. User. Any person who contributes or causes the contribution of
wastewater into District facilities.
FFF.GGG. Warning Notice. A document informing a user of a condition that is
either a minor violation, or if left unabated would become a violation that identifies
corrective actions. Failure to correct the conditions identified in a Warning Notice can
result in issuance of a Notice of Violation.
GGG HHH. Waste Hauler. A transporter of wastes that ^^Uld be
diSGharged tothesanitary sewer systern t transports the wastes to an authorized
disposal/recycling facility provided that appropriate permits/licenses are obtained by the
accepting facility or agency. Examples of wastes that may be discharged to desionatorJ
portable t0ilet wastes, grease wastes removed frem grease rerneval deviGes at food
servffiGe establishments, and wastes authorized for disposal under a SpeGial DisGharge
Permit.
HHH+III. Wastewater. The liquid and water-carried industrial or domestic
wastes from dwellings, commercial buildings, industrial facilities, and institutions,
together with any groundwater, surface water, and storm water that may be present,
whether treated or untreated, which is contributed into or permitted to enter the District's
facilities.
01-.JJJ.Wastewater Discharge Permit. As set forth in Section 10.12.040 of this
Ordinance.
JJJ-.KKK. 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.
KKK.LLL. Zero Discharge. A practice of excluding the discharge from
entering the sanitary sewer systernDistrict facilities. Zero discharge can be applied to all
process discharges from a user or for specific process discharges.
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10.04.030 Abbreviations.
The following abbreviations shall have the designated meanings:
BMPs - Best Management Practices
BOD _ Biochemical Oxygen Demand
CBOD Carbonaceous Biochemical Oxygen Demand
CCR - California Code of Regulations
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - Environmental Protection Agency
L - Liter
IU - Industrial User
mg - Milligrams
mg/L - Milligrams per Liter
NOV - Notice of Violation
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
SDP - Special Discharge Permit
SIC - Standard Industrial Classification
SIU - Significant Industrial User
USC - United States Code
TSS - Total Suspended Solids
TTO - Total Toxic Organic
ug/L - Micrograms per Liter
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Chapter 10.08
REGULATIONS
10.08.020 General Discharge 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 facilities. This prohibition includes, but not limited to, 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.
A user shall have an affirmative defense in any enforcement action brought against it
alleging a violation of the general prohibitions, including a violation of the specifically
prohibited effects or characteristics, where the user can demonstrate (1) that the user
did not know or have reason to know that its discharge, alone or in conjunction with a
discharge or discharges from other sources, would result in a violation of this
Ordinance, including a prohibited effect or prohibited characteristic ; and (2) the user
was in compliance with the existing limits for each pollutant in its discharge that resulted
in a violation, or if there were no such existing limits, the user's discharge directly before
and during the violation did not change substantially from the user's prior discharges
which occurred when the District remained in compliance with its NPDES permit and
with applicable requirements for sewage sludge use or disposal.
10.08.040 Prohibited Substances or Characteristics.
A user shall not discharge, or cause to be discharged, directly or indirectly 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, sufficient either alone or by interaction with other substances to cause
fire or damage to District facilities or to be injurious to human health and safety or to the
operation of District facilities. At no time shall a waste stream exceed a closed cup flash
point of less than one hundred forty degrees (140 °) Fahrenheit or sixty degrees (60 °)
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 manufacturer's
instructions using pentane as the calibration standard. The materials which may be
prohibited if they cause explosive or fire dangers as defined herein include, but are not
limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols,
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ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides,
sulfides, or any other substance which is a fire or explosion hazard.
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, soil, 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, garbage 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 11.5,
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 (1041) Fahrenheit) or
with a temperature at the point of discharge to the District's collection system which
exceeds sixty-five degrees (651) Centigrade (one hundred fifty degrees (1501)
Fahrenheit).
F. Any pollutants, including oxygen- demanding pollutants (CBOD, COD,
etc.) released at a flow rate and/or pollutant concentration that 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, 1R o Ease shall a slur load hav
flew rate er Gentann GenGentrations er quantities of pollutants that eXGeed for any time
period IORgeF than fift8eR (15) MIRLIteS, moFe than fiV8 (5) tinles the average tWeRty f0ar
(24) he it GenGeRtratien, quantities, er flow during normal eperatir�n
G. Any discharge which results in toxic gases, vapors, or fumes in a quantity
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 10 CFR 20.2003.
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J. Any storm water, groundwater, rainwater, street drainage, subsurface
drainage, yard drainage, diatomaceous earth filter backwash, or swimming pool
drainage, 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 from 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 waste, holding tank waste, portable toilet waste, grease
interceptor waste, or oil and sand interceptor waste, unless a permit is issued by the
District, or unless such sludge or waste is transported to the District by a permitted
waste hauler in accordance with the regulations set forth in Chapter 10.28 of this
Ordinance.
M. 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.
N. 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.
O. 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 to 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.
P. The following constituents are subject to a discharge prohibition standard
in lieu of setting numeric discharge limits. The presence of these constituents
documented through approved analytical methods shall be a violation of this section
and be subject to corrective actions by the user to control the discharge of the
constituent present. Wastewater discharge permits may establish discharge
prohibition(s) for constituents not included in this section for specific Industrial Users.
a. Cyanide for unpermitted users
b. Dioxin compounds
C. Polychlorinated Biphenyls (PCBs)
d. Tributyltin (TBT)
e. Dieldrin
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f. 4,4'-DDE
g. Perchloroethylene wastes and wastewaters from dry cleaner operations
10.08.055 Documentation of Proper Disposal/Recycling
All industrial users, waste haulers and mobile service providers shall maintain
complete and accurate records documenting proper disposal of wastes, hazardous
waste, and wastewater that is generated in the District's service area and transported
from the original site of generation for disposal or recycling. The minimum
documentation required shall include:
A. The location where the waste, hazardous waste, or wastewater was
generated;
B. The transporter's name and phone number;
C. Description and volume of the waste, hazardous waste, or wastewater;
and
D. Name, location, and phone number of the facility where the waste,
hazardous waste, or wastewater was disposed or recycled.
10.08.090 District's Right of Revision.
The District reserves the right to establish by ordinance or resolution more
stringent limitations or requirements on discharges to the District's wastewater disposal
systernfacilities 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.
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10.08.110 Slug Discharges.
A. All users shall be prohibited from allowing slug discharges, as elsewhere
defined herein, from entering the District's sewerage s„s+omfacilities.
B. Each user shall provide protection from slug discharges of restricted
materials or other substances regulated by this Ordinance. No L JSor wh„ nnmrnenGes
GORtribUtiOR to the seweFage systern after the effeGtive date of this OrdinanGe shall be
permitted to intredUGe pollutants Onto the systern unto! the need fer slug diSGharge Gontrol.
plans or pros d roc has bceevaluated by the-DiStr+cTFacilities to prevent slug
discharges of restricted materials shall be provided and maintained at the user's own
cost and expense.
C. 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 slug
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.
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.
D. In the case of a slug discharge, it is the responsibility 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.
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E. 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.
F. 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.
10.08.130 Best Management Practices (BMPs) to Control Discharges.
Industrial Users can employ Best Management Practices (BMPs) to effectively
control the discharge of pollutants to the District's facilities. The District may establish
BMPs for specific industrial users through condition(s) in the permit or permit contract.
The District may establish BMPs for a business activity that would apply to entire groups
of businesses such as vehicle service facilities or food service facilities. BMPs for
business activities will be communicated to the affected industrial users through
informational materials distributed during inspections, direct mailing, or the District's
website. Industrial users shall be responsible for complying with the business activity
BMPs after being informed by the District of their applicability to the industrial users'
operations. Industrial Users subject to BMPs as a means of complying with the
standards of this Ordinance shall maintain documentation to demonstrate compliance
with the applicable BMP standards.
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Chapter 10.12
ADMINISTRATION
10.12.040 Wastewater Discharge 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 permit fee may be assessed at the time of the application.
Existing Class I and Class II Users (except those with current permits) shall apply for a
wastewater discharge permit within ninety (90) days following the effective date of this
Ordinance, and new users shall apply at 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, but will in all cases be required to submit items 16 and 17.
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) plans 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. Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, sewer connections, and appurtenances by the size, location, and
elevation.
7. Description of activities, facilities, and plant processes on the premises
including all materials that are, or could be discharged, provided such chemicals are
present in quantities sufficient to cause harm to the operations of the District or to the
environment if released. 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 pollutants in the discharge which are
limited by a District or State pretreatment standard or requirement or by a national
pretreatment 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
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statement regarding whether or not the pretreatment standards and requirements 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 and requirements. If sample data submitted with a
permit application document a discharge limit violation, the condition will be subject to
citation with a Notice of Violation.
9. The nature and concentration of any pollutants 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 and requirements; 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 increments 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 or their designee 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 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 production.
12. Type and amount of raw materials processed (average and maximum per
day), provided such raw materials are present in quantities sufficient to cause harm to
the operations of the District or to the environment if released.
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 device for such substances, provided such substances are present in
quantities sufficient to cause harm to the operations of the District or to the environment
if released.
14. A description of the spill protection and emergency response procedures
used or proposed to be used at the facility.
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15. Number and classification of employees, hours of operation of plant, and
proposed or actual hours of operation of pretreatment system.
16. A signed statement of the authorized representative of the industrial user
applicant that the information presented in the permit application is true and accurate to
the best of the authorized representative's knowledge, and that the applicant is or upon
connection will be in compliance with applicable pretreatment standards and
requirements on a consistent basis and if not, whether additional operation and
maintenance (O & M) and/or additional pretreatment is required for the applicant to
meet such standards and requirements.
17. A signed certification of a qualified professional that the applicant is or
upon connection will be in compliance with applicable pretreatment standards and
requirements on a consistent basis and if not, whether additional O & M and/or
pretreatment is required for the applicant to meet such standards and/or requirements.
18. Any other information as may be deemed by the District to be necessary
to evaluate the permit application.
B. Permit Application Evaluation.
All new 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 or contributing waste or wastewater 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 analysis of said discharge delineating
wastewater constituents and characteristics including, but not limited to, those
mentioned in Section 10.08 of this Ordinance.
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 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 provisions, 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.
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2. Limits on the average and maximum wastewater constituents and
characteristics. These limits may be based on pollutant 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 maintenance of sampling and
flow metering facilities.
5. Requirements 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.
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.
9. Requirements for notification of the District of any new introduction
of pollutants 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 pretreatment 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 notification of the District of planned
alterations of the operations processes of the industrial user, which could result in an
alteration of the users process discharge or the potential for an accidental spill or slug
discharge.
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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.
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 the waste stream, 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 specifying the responsible corporate officer
for the industrial user.
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 ensure the
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.
26. Identification of applicable Best Management Practices (BMPs) to
be employed to control discharge quality from the processes used at the facility.
27. Identification of the wastes and wastewater that are subject to a
discharge prohibition standard.
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27-.28. Identification of the enforcement actions that can be taken in
response to documented conditions of non-compliance including, but not limited to,
applicable civil and criminal penalties.
D. Permits Duration.
Permits shall be issued for a specified time period, not to exceed five (5) 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 be responsible to apply for permit reissuance a minimum
of ninety (90) days prior to the expiration of the user's existing permit. The District may
initiate permit reissuance prior to receiving an application from the user based on
communications between the user and the District. 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 permit 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
prohibitions or limitations as may be set forth in the permit contract. These liquidated
damages provisions may be proposed without 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 insurance, 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.
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F. Permit Modifications.
When a new National Categorical Pretreatment Standard is promulgated, the
wastewater discharge permit or permit contract of users subject to such standard shall
be revised to require compliance with such standard within the time for compliance
prescribed by such standard or within ninety (90) days, whichever is shorter. However,
when the time for compliance prescribed by such standard is longer than ninety (90)
days, the users subject to such standard may apply to the General Manager or his
designee for an extended time for compliance in a wastewater discharge permit or
permit contract. The General Manager or his designee may grant such an extension up
to the time for compliance set forth in the National Categorical Pretreatment Standards.
Where a user, subject to a national pretreatment standard, has not previously submitted
an application for a wastewater discharge permit as required by Section 10.12.050.13. 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 or their designee within one hundred
eighty (180) days after the promulgation of an applicable federal pretreatment standard
the information required by Section 10.12.040.A.
In the event the District determines that it is necessary in order to comply with the
objectives of the Ordinance to impose more stringent limitations or requirements on
discharges to the District's wastewater dispesal systemfacilities than are set forth in an
existing permit (for reasons other than issuance of a new national pretreatment
standard), the District shall have the right to require such reasonable modifications of an
existing permit to incorporate such more stringent limitations or requirements. In the
event such permit modification is required, the user shall be provided with reasonable
time to make such modifications to its processes or procedures as may be required to
meet the more stringent limitations and requirements. After consultations with the user,
a Compliance Schedule Agreement shall be issued which would set forth a reasonable
schedule for the user to comply with the more stringent standards. If the permit
modification will require construction or acquisition of equipment related to pretreatment,
the Compliance Schedule Agreement will provide for up to one hundred eighty (180)
days to comply; however, this period may be extended for a period not to exceed an
additional one hundred eighty (180) days upon determination by the General
Manager/Chief Engineer or their designee that good cause exists for an additional
period. To the extent that the user remains in compliance with the permit conditions in
effect prior to amendment during the compliance period, the user shall not be liable
pursuant to the terms of this Ordinance for noncompliance with the more stringent
standards or requirements during the period of the Compliance Schedule Agreement;
provided that the user is also complying with the terms of said Compliance Schedule
Agreement.
G. Permit and Contract Transfer.
Wastewater discharge permits and wastewater discharge permit contracts are
issued to a specific user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user, different premises,
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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 assigns of an existing contract of
permit holder.
10.12.050 Reporting Requirements.
A. Notification of Slug Load or Accidental Discharge or Accidental Spill.
It is the responsibility of all industrial users to immediately telephone and notify
the District of any slug load or accidental discharge as defined in Section 10.08.040.F.
of this Ordinance. Notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
1. Written Notice.
Within five (5) days following the accidental 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 discharge to occur are advised of the emergency notification procedure.
B. Prior Notification of Change in Volume or Character of Wastewater.
All users shall promptly notify the District in writing (except in emergencies where
telephone notification is acceptable) prior to: (1) any new or increased discharge or any
change in nature of their discharge which discharge does not meet pretreatment
standards or requirements or has the reasonable potential to cause the District to
violate its NPDES permit or to cause problems to the District wastewater system; and
(2) any substantial change in volume or character of pollutants in their discharge,
including listed or characteristic hazardous wastes.
C. Baseline Report.
All Class I and II Industrial Users, subject to National Categorical Pretreatment
Standards, shall submit to the District a baseline report within one hundred and eighty
(180) days of the effective date of a National Categorical Pretreatment Standard or one
hundred and eighty (180) days after final decision on a category determination by EPA
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or the State, whichever is earlier. The baseline report shall contain the information
specified in 40 CFR 403.12(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.
D. 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, following
commencement of the introduction of wastewater into District facilities, any user subject
to pretreatment standards or 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 or 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 necessary 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 report
cannot relieve the user of any fines, civil penalties, or other liability which may be
imposed by this Ordinance or other applicable law or failure to meet the applicable
pretreatment standards or requirements subsequent to the date for final compliance
with such applicable standard.
E. Periodic Compliance Reports.
1. Class I and II Industrial Users shall submit a report covering a six
(6) month reporting period to the District twice a year, or more frequently representing a
shorter reporting period 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 shall be submitted within forty-five (45)
days of collection of the wastewater samples or by the due date specified in the permit.
The compliance report shall contain such information as may be deemed by the District
to be necessary to ensure 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 requirements or which are specified in the permit or permit
contract for each regulated waste stream.
b. A record of average daily flow for the reporting period for
each regulated waste stream.
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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 any sample from a discharge per+Ad16
GOMpliaRGe 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 twenty-four (24) hours of becoming aware of the violationthe
next business da , repeat the sampling and pollutant analysis for the parameter in
violation, and submit in writing the results of this second analysis 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
potentially 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
subparagraph (a) above shall indicate the mass of pollutants regulated by pretreatment
standards or requirements in the effluent 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 or
requirement. The user shall provide the actual average production rate of the regulated
processes during the reporting period.
4. Categorical Industrial Users granted a waiver from monitoring for
pollutants subject to national categorical standards authorized under 40 CFR
403.12(e)(2). This certification shall include the following statement:
"Based on my inquiry of the person or persons directly responsible for managing
compliance with the Pretreatment Standard for 40 CFR [specify
applicable National Pretreatment Standard part(s)], I certify that, to the best of my
knowledge and belief, there has been no increase in the level of [list
pollutant(s)] in the wastewaters due to the activities at the facility since filing of
the last periodic report under 40 CFR 403.12(e)(1)."
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10.12.060 Monitoring.
A. Monitoring Requirements.
Any user may be required to provide wastewater sampling 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. Any wastewater sampling and/or monitoring results
shall be based upon data obtained through appropriate sampling and analysis
performed during the period covered by the report. Such data shall be representative of
conditions occurring during the reporting period.
1. Classification Sampling. All industrial users may be required to
sample and analyze their waste stream(s) 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' wastewater discharge(s).
2. Baseline Sampling. All Class I and II industrial users shall sample
and analyze their regulated waste stream(s) 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, as specified in Section 10.12.050.B. of this Ordinance, shall sample and
analyze their regulated waste stream(s) 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 pretreatment standards or requirements 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 regulated waste stream(s) 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 requirement or as
otherwise required by the District.
4. Periodic Compliance Sampling. All Class I and II Industrial Users
shall sample and analyze their regulated waste stream(s) to evaluate compliance with
the user's permit or permit contract. Periodic compliance monitoring shall be conducted
at least twice each year unless specified more frequently in the user's permit or permit
contract or in the applicable National Categorical Pretreatment Standard. Less frequent
self-monitoring can be established in the user's permit or permit contract as allowed in
40CFR403.12(e).
If required, Class III Industrial Users shall sample and analyze their
regulated waste stream(s) to evaluate compliance with the user's permit.
Samples shall be analyzed for those pollutants regulated in the applicable
pretreatment standard or requirement or as otherwise required by the District.
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Categorical Industrial Users may request to forgo monitoring for constituents with a
Categorical Pretreatment Standard provided that the requirements of 40 CFR
403.12(e)(2) are met. For Industrial Users not subject to Categorical Pretreatment
Standards, the District shall specify the constituents to be monitored in the user's permit
or permit contract which may exclude parameters with a Local Discharge Limit that are
not expected to be present in the process discharge at levels of concern, and may
include constituents that do not have a Local Discharge Limit established. The District
may allow Industrial Users to use an approved Total Toxic Organic (TTO) Management
Plan to establish operational procedures to control discharges of TTO constituents so
that monitoring for TTO compounds is not required in a user's self-monitoring program.
5. Confirmation Sampling. Whenever sampling results indicate that
the user's regulated waste stream(s) is in violation of any pretreatment standard or
requirement, 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 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. In the event that the District performs the sampling, whether
announced or unannounced, the user may request that the District split its samples and
provide one of the split samples for the user's independent analysis.
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 or as otherwise
agreed in writing by the District, samples for pH, cyanide, sulfide, phenols, oil and
grease, and volatile organics shall consist of grab samples. When required, a
composite grab sample shall consist of aA minimum of four (4) grab samples shall be
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take,for the referenced constituents throughout the entire process discharge period.
The grab samples for eaGh of the referenGed Gonstituents shall be individually preserved
and kept separate, and shall be subsequently GOMposited by the testing laboratory pF'G
Orsi For all other pollutants, composite samples shall be taken through flow
proportional composite sampling techniques or time proportional composite sampling as
specified in the permit or permit contract, unless the permit or permit contract
specifically authorizes alternative grab or composite grab techniques. Time-proportional
composite sampling shall occur with a sampling frequency of at least one sample each
h*f-hour throughout the entire process discharge period, or a twenty-four (24) hour
period as required by the District. Each regulated waste stream shall be sampled and
analyzed separately unless the user's permit or permit contract allows for sampling and
analyzing the combined waste streams.
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 ensure compliance with
this Ordinance.
C. Analytical Procedures.
All samples shall be preserved and analyzed in accordance with the procedures
for the analysis of water/wastewater 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 in writing, all analyses shall be performed by
a laboratory(s) certified by the State for the specific pollutants and matrix to be
analyzed.
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 bottle type.
3. Sample preservation used.
34. The dates analyses were performed.
54. Chain of custody of sample.
66. Who performed the analyses.
76. The analytical techniques/ methods used.
87. The results of such analyses.
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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
applicable local construction standards and specifications.
10.12.070 Signatory Requirements.
All applications and reports from all Industrial Users, and other information
submitted to the District from Significant Industrial Users to document compliance with
the permit, permit contract or this Ordinance must contain the following certification
statement:
"I certify under penalty of perjury that this document and all attachments
were prepared under my direction or supervision and in accordance with
the system designed to ensure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person(s) who manages 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 knowingly 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 Section 10.04.020 B and 40 CFR 403.12(14-)(1-4).
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10.12.110 Records Retention.
All records relating to compliance with pretreatment requirements or standards,
including documentation associated with complying with Best Management Practices,
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 District,
State, or EPA has been concluded, except when there is unresolved litigation regarding
the user or the District to which such records are relevant, or a request of the General
Manager of the District for a longer retention, in which cases the records shall be
retained until the litigation is concluded (including the expiration of all periods of
limitation and of all appeals) or as requested by the General Manager.
10.12.130 Permit by Rule for Community Carwash Fundraisers.
Notwithstanding other provisions of this Title 10 prohibiting discharges without
obtaining a District permit, a temporary carwash conducted for the purposes of raising
funds for a community organization will be deemed to have a permit by this rule
authorizing the discharge of wastewater to the sanitary sewer system if the criteria of
this Section are met. For purposes of this Section, a community organization is any
non-profit organization exempt from certain federal income taxes under 25 U.S.C. §
501(c), any registered youth organization or church or school group.
A community organization is authorized to discharge pursuant to this Section
10.12.130 without prior approval or formally obtaining a permit from the District provided
that it complies with best management practices for car washes. A list of the best
management practices for charity car washes is provided on the District's website at
www.centralsan.org or may be obtained by contacting personnel in the District's SeurGe
Control Environmental Compliance Program.
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Chapter 10.16
ENFORCEMENT
10.16.050 Assessment of Charges for Obstruction or Damage to District Facilities or
Operations.
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 non-personnel 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.
10.16.110 Responding to Significant Noncompliance.
Any violation of pretreatment standards or 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. For purposes of this provision, a Significant Industrial
User (or any Industrial User that violates sections 10.16.0110 A. 3 or 4, or 10.16.0110
E.) is in significant noncompliance if its violation meets one or more of the following
criteria:
A. Violations of Wastewater Discharge Limits.
1. Chronic Violations. Violations in which 66 percent or more of all the
measurements taken for the same pollutant parameter during a six (6) month period
exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1)
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2. Technical Review Criteria Violations. Violations in which 33
percent or more of all of the measurements taken for the same pollutant parameter
during a six (6)- month period equal or exceed the product of the numeric Pretreatment
Standard or Requirement including instantaneous limits, as defined by 40 CFR 403.3(1)
multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2
for all other pollutants except pH).
3. Other Effluent Limit Violations. Any other violation of a
Pretreatment Standard or Requirement as defined by 40 CFR 403.3(1) (daily maximum,
long-term average, instantaneous limit, or narrative standard) that the District
determines has caused, alone or in combination with other discharges, interference
(e.g., slug loads) or pass-through (including adverse effect on any toxicity testing); or
endangered the health of the sewage treatment personnel or the public.
4. Danger to Human Health or Welfare. This criterion 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.
Failure to meet, within 90 days after the schedule date, a compliance schedule
milestone contained in a District permit or administrative order for starting construction,
completing construction, or attaining final compliance;
C. Failure to Provide Proper Data.
Failure to provide, within forty-five (45) days after the due date, required reports
such as baseline monitoring reports, ninety (90)-day compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules;
D. Failure to Accurately Report Noncompliance.
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 be subject to SNC status.
E. Other Violations.
Any other violation or group of violations, which may include a violation of Best
Management Practices, that the District determines may adversely affect its operations
or the accomplishment of the objectives of this Ordinance.
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Chapter 10.24
FEES
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 SeurGe
GORtrelEnvironmental Compliance 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 SOUFGe Go Environmental Compliance
and related programs. It is also 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 Charges.
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 SOUFGe Go Environmental Compliance 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.
10.24.030 Scope of Charges and Fees for Source Control Program.
The District may adopt charges and fees to compensate the District for its
activities under the SOUrGe Go Environmental Compliance Program which may
include:
A. Setting up and operating the District's pretreatment 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 enforcement measures.
F. Other fees as the District may deem necessary to carry out the
requirements of the programs contained herein.
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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 activities in implementation of these programs.
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, or their designee, 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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Chapter 10.28
WASTE HAULER PROGRAM
10.28.020 Waste Hauler Discharge Permit.
The District Board finds that in order to properly administer the discharge of
wastes to the District, a waste hauler discharge permit program is required. Therefore,
all persons are prohibited from discharging trucked-in waste at the District'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 hada the autherity tAL1 Waste hauler
discharge permits shall be issued for a period not to exceed efe-lefive (54-) years.; w41
SUGh permits being renewable en further appliGation fre_m the permittee for additional
one (1) year periods upon favorable review by Distrint staff.
vri
B. Permit Conditions. District staff may prescribe such requirements as may
be reasonable to ensure the carrying out of the purpose and policies 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 be issued shall include,
but not be limited to, the following:
1. Proof of a Contra Costa Health Department Waste Hauler
Registration and Public Health License and/or registration as a transporter of inedible
kitchen grease waste under California Food and Agricultural Code Section 19310;
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 facilities;
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.
C. Denial, revocation, or suspension of permit. The issuance of a waste
hauler permit creates a conditional privilege to discharge. It does not create property
rights (including real, personal, or intangible personal property rights), nor a vested
irrevocable right or privilege. The conditions under which a waste hauler permit may be
denied, revoked, or suspended by the District include, but are not limited to, the
following:
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1. Substantial enforcement action taken by the District or another
agency related to public health, waste hauling, and/or hazardous waste handling.
2. Failure of the waste hauler to comply with federal, state, or District
regulations and laws or permit conditions.
3. Termination of the waste hauler's vehicle insurance or reduction in
coverage to a level below that required by the District.
4. Disposal of waste in an unlawful manner, whether within or outside
the District.
5. Failure of the waste hauler to comply with the permit, waste
handling and disposal, and reporting requirements of the Contra Costa County
Environmental Health Services.
6. Knowingly or negligently providing false information on any
application, permit, or manifest form.
7. Disposing of any waste load to District facilities which originated
outside the county or, in the case of restaurant grease loads, which originated outside
District boundaries or areas served by the District by contract.
8. Failure of the waste hauler to pay any fees, charges, or penalties
assessed by the District.
9. Expiration, revocation, or suspension of Contra Costa Health
Department Waste Hauler Registration or Public Health License.
10. Failure to deposit or maintain the required cash deposit.
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, or their
designee,/Chief Enginee determines the cash deposit should be increased in order to
protect the interest of the District based on the nature of the current operations of a
permittee or the prior history of compliance with the waste hauler program
requirements, including, but not limited to those set forth in Section 10.20.020 C. above,
then the General Manager Chief Eng or their designee 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.
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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. All or a portion of the cash deposit or acceptable
security may be forfeited 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 nondomestic 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 unlawful 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
5. A permittee otherwise fails to comply with provisions contained in
this Ordinance or the District Code.
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Chapter 10.32
GREASE, OIL, AND SAND INTERCEPTOR PROGRAM
10.32.010 Interceptors Required.
All nondomestic users shall be required to install and maintain a grease, oil, and
sand interceptor when the General Manager, Chief Engineer or their designee 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 District's facilities 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
would be in violation of a pretreatment standard or, in the discretion of the District,
present the possibility of causing or contributing to the fouling of or the blockage of or
other damage to the District's sewerage systemfacilities.
10.32.020 Administration of Interceptor Program.
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 District's facilities from entering the system
through use of interceptors or traps. The District may require any nondomestic 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 installation 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).
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C. Size and nature of facilities (including kitchen facilities) based on size,
type, number of fixtures, and type of processing or cooking equipment used.
D. The type of service provided or operation undertaken (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-laden, flammable, or sand-laden
discharges.
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 s„s+omfacilities, 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.
10.32.025 Interceptor/Trap Installation Variance Procedure
The District recognizes conditions may exist that prevent the installation of
an interceptor for a particular location (e.g. conflict with existing utilities). The District's
Environmental Compliance Program shall administer an Interceptor/Trap Installation
Variance Program that establishes criteria and procedures to consider an Industrial
User's request for alternatives to a determination that an interceptor/trap is required for
the process discharges.
10.32.030 Interceptor Maintenance Procedures and Program.
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.
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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 ensure that the interceptor or trap operates as
designed to prevent grease, oil, sand, or other harmful constituents from entering the
sewerage system District's facilities. 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.
10.32.035 Interceptor/Trap Maintenance Standards
Maintenance standards shall be conducted by users in order to ensure the
proper operation of interceptors and traps. If the operations of a specific user modify
the need to follow the specified standards, the user can request a variance from the
District in writing on the form provided by the District. Unless the District issues a
written variance to a user, the user is responsible for meeting the specified minimum
maintenance standards of this section:
A. Access to interceptors and traps shall be maintained to allow inspection
and maintenance to be performed. Inspections shall be performed at appropriate
frequency to ensure adequate operation of the interceptor or trap and to evaluate
effectiveness of Best Management Practices to control sources of pollutants.
B. Interceptors shall be operated so that the accumulated grease and solid
waste does not meet or exceed twenty-five (25) percent of the unit's capacity.
Determinations shall normally be made by measuring the depth of the layers within a
unit.
C. Interceptors shall be cleaned at least once every 90 days. Interceptor
cleaning shall be conducted to pump all the liquid and solid contents of the unit, and the
sides will be cleaned of any substantial build-up of grease and solid wastes.
G1. Incidental use separators (e.g. sand/oil interceptors serving parking
garages, grease traps serving only a trash enclosure without a wash
station) shall be cleaned at least once every year). Less frequent cleaning
shall be subject to District approval through the Interceptor/Trap
Maintenance variance.
D. Traps shall be cleaned according to the manufacturer's recommended
frequency (e.g. daily, weekly) when conducted by user's employees, and shall be
pumped of all the liquid and solid contents using a licensed and permitted waste hauler
at least once every 90 days.
1. The user may clean smaller traps in lieu of using a licensed and
permitted waste hauler at least once every 90 days provided that all
the standards for cleaning traps are met, including, but not limited to,
removal of all liquids and solids and not decanting wastes. The user
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shall document the proper disposal of the wastes removed from the
trap as required in section 10.32.035G.
E. Decanting of wastes removed from an interceptor or trap is prohibited
when a licensed and permitted waste hauler is used to clean a unit. Wastes removed
from the interceptor or trap shall not be reintroduced into the unit cleaned or any other
connection to the District's sewer collection system unless the location is specifically
authorized in a current waste hauler permit...
F. Introduction of enzymes, microbes, chemicals, or other materials to
interceptors and traps for the treatment of grease, oils or accumulated materials in the
interceptor or trap is prohibited. Use of such materials to treat drain lines served by an
interceptor (not traps) are acceptable provided the dosage is appropriate for the drain
line cleaning and not for the removal of grease from the interceptor.
F.G. The user shall maintain records documenting proper maintenance
of the interceptor or trap. The disposal location (name, address, phone number for off-
site facilities) for wastes removed from an interceptor or trap shall be recorded and
made available for inspection upon request.
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Ordinance 1 of 2
All changes, except Title 10 Attachment 3
ORDINANCE NO. 322
AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
REVISING DISTRICT CODE CHAPTER SECTIONS
1.04, 2.04, 4.04, 4.12, 4.16, 4.24, 5.04, 5.08, 6.12, 6.24,
7.02, 7.15, 7.20, 9.08, 9.10, and 11 .10
WHEREAS, the Central Contra Costa Sanitary District (Central San) has determined
that there is a need to update certain provisions within Chapters 1, 2, 4, 5, 6, 7, 9, and
11 of the District Code; and
WHEREAS, a public hearing was noticed pursuant to Government Code Sections
50022.3 and 6066 for May 26, 2022, at 2:30 p.m. at the District Board of Directors
Regular Meeting scheduled for that date; and
WHEREAS, a properly noticed public hearing was held on May 26, 2022, where all
interested parties were given an opportunity to be heard, and thereupon the public
hearing was closed; and
WHEREAS, District Counsel has reviewed these proposed Code revisions and
concluded that adoption of these Code modifications does not constitute a California
Environmental Quality Act (CEQA) Project as defined under Title 14 of California Code
of Regulations; specifically, it does not constitute a Project pursuant to §§ 15378(b)(2),
4) and (5) because:
i) this action is continuing administrative in nature, and deals with general
policy and procedure making; and
ii) it does not create any governmental funding mechanism or fiscal activity
involving a commitment to any specific project; and
iii) it is an organizational and administrative activity that will not result in any
direct or indirect changes to the environment; and
WHEREAS, the Board of Directors duly considered all oral and documented evidence.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District does ordain as follows:
The following sections of the District Code shall be amended to read as follows:
1. Amendment of Section 1.04.100 EE
1.04.100 Definitions.
(Section EE)
EE. Reserved.
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Central Contra Costa Sanitary District
Ordinance No. 322
Page 2 of 11
2. Amendment of Section 2.04.010
2.04.010 Selection and term of President and President Pro Tem.
The Board shall choose one of its members as President and President Pro Tem at the
first meeting of December, serving for a one-year period, except during election years
where new members are seated. In such case, the Board shall instead choose one of
its members for each position at the second meeting of December.
3. Amendment of Section 2.04.020
2.04.020 Appointment of committees.
When the Board considers it necessary for the efficient transaction of business, it may
approve the creation of ad hoc and standing committees for the purpose of reviewing,
investigating and recommending with reference to a particular matter. The President
shall nominate the members of all ad hoc and standing committees for Board approval.
4. Amendment of Section 4.04.020
4.04.020 Board authorization of positions and recognition of appointments.
The Board shall authorize all Executive Management positions, including the General
Manager, Secretary of the District, and District Counsel, and shall delegate authority to
the General Manager for all other such positions approved in the annual budget
provided in this chapter. The Board shall be advised on all appointments to all such
positions.
5. Amendment of Section 4.12.010
4.12.010 Adoption of class descriptions and salaries.
Class descriptions covering all positions of District employment, and a schedule of
salaries for each position, shall be approved, amended and adopted or abolished by the
General Manager, with the exception of Executive Management positions, including the
General Manager, Secretary of the District, and District Counsel.
A Salary Schedule for all positions shall be adopted by the Board of Directors upon any
Board approved adjustments.
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Central Contra Costa Sanitary District
Ordinance No. 322
Page 3 of 11
6. Amendment of Section 4.12.040
4.12.040 Change of classifications.
The Board may establish, amend or abolish provisions relating to the General Manager,
Secretary of the District, and District Counsel classifications. The General Manager may
amend or abolish a class and may establish, amend or abolish provisions relating to a
class or positions within a class, subject as applicable to a union meet and confer
process as defined in Section 4.24.100. These actions may not result in an increase of
the Sanitary District's annual budgeted labor costs. A copy of any revised or amended
class description shall be available for review in the Human Resources Division.
7. Amendment of Section 4.16.040 B.
4.16.040 Medical report.
(Section B)
B. External candidates for appointment also shall be required to be tested for
alcohol or illegal substances, if applicable based on the job classification. A positive test
result is grounds for disqualification from consideration for employment.
8. Amendment of Section 4.16.070
4.16.070 Appointments.
A. Executive Management level positions, including the General Manager,
Secretary of the District, and District Counsel are Board-appointed positions.
B. Management level positions, including but not limited to, department directors
and division managers are General Manager-appointed positions.
C. The District shall make all other staff level appointments from the appropriate
District eligibility list. The District may either make a temporary appointment, an
emergency appointment, or a provisional appointment as provided in Sections 4.16.080,
4.16.090 and 4.16.100.
9. Amendment of Section 4.16.080
4.16.080 Temporary appointments.
The District may from time to time require the services of temporary personnel to
perform those duties and responsibilities normally performed by existing personnel. A
temporary appointment is generally limited to twelve months, or as specified in
memoranda of understanding and does not qualify the appointee for the retirement plan,
the insurance plans (unless self-paid), vacation allowance, or other employment rights
and benefits made available to regular employees, except as may be required by law.
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Ordinance No. 322
Page 4 of 11
The General Manager may establish a rate of compensation for a temporary employee
different from that of a regular employee.
A. The Board may create specific temporary classes at their discretion with
compensation and benefits to be determined by the Board.
B. Sanitary District temporary employees will be provided an annual grant of three
days of paid sick leave within a twelve-month period, and as directed by a Board policy.
10. Amendment of Section 4.24.110 D.
4.24.110 Administration of employer/employee ordinance.
(Section D)
D. With the exception of those meetings referenced in Section 4.24.090, a certified
employee organization may, with prior notice to and approval of the Director of
Administration or his/her designee, hold no more than two meetings per year during
normal working hours of the District. Meetings referenced in this section shall only take
place at three p.m. unless the District and employee organization otherwise agree to a
mutually acceptable time. If the meeting is to be held on District premises, they then
must comply with the scheduling requirements of the area in which they propose to
have their meeting.
11. Amendment of Section 5.04.015
5.04.15 Properly licensed contractors.
All contractors doing sewer/recycled water work within the District shall be properly
licensed in accordance with the state of California Contractors License Law and the
California Contractors State License Board rules and regulations. Acceptable license
classifications are: "A"-General Engineering Contractor; "B"-General Building
Contractor; "C-34"-Pipeline; "C-36"-Plumber; "C-42"-Sanitation Systems; and "C-47%
General Manufactured Housing Contractor; and/or those classifications which may be
promulgated in the future by the state of California which provide for performance of like
work.
The sewer/recycled water work which contractors with B, C-36, or C-47 licenses may
perform is restricted to private side sewers/recycled water from public sewer/recycled
water mains to buildings, excluding connections to the public sewer/recycled water
mains.
A "B"-General Building Contractor shall only be issued a sewer work permit related to a
larger project that requires that contractor to perform at least two unrelated building
trades or crafts other than framing or carpentry, or unless the general building
contractor holds the appropriate license classification or subcontracts with an
appropriately licensed specialty contractor to perform the work.
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Ordinance No. 322
Page 5 of 11
A "C-47"-General Manufactured Housing Contractor shall only be issued a sewer work
permit to provide sewer service on a single-family individual site placement of a
manufactured home.
12. Amendment of Section 5.08.010
5.08.010 Insurance required.
A. A contractor who applies for a contractor's permit shall obtain and maintain
workers compensation insurance as required by California law and general liability
insurance.
B. It is the contractor's sole responsibility to obtain insurance. This section is not
intended, nor was any previous version of this section intended, to create or impose any
duty upon the District to ensure that contractor obtains and maintains this insurance.
However, due to the importance of liability, safety and insurance issues, the District
may, on a case-by-case basis, investigate the contractor's insurance coverage at any
time. Failure of the contractor to obtain and maintain insurance as set forth in this
section may cause the denial and/or suspension of a contractor's permit, at the sole and
absolute discretion of the District.
13. Amendment of Section 6.12.030 D.1.
6.12.030 General provisions.
(Section D "Time for Payment and Penalties for Delinquent Payment", subsection 1.)
1. Except for users who elect to participate in the capacity fee installment payment
programs as provided below, payment of capacity fees shall be due and made prior to
the time of imposition of any added burden Payment of Capacity Fees will be made at
the time the District approves building plans. For a change of use where no new
connection is proposed by the user, payment of Capacity Fees will also be made at the
time the District approves building plans. If an added burden occurs without payment of
capacity fees, payment shall be due at the time of the District's discovery of the added
burden.
14. Amendment of Section 6.24.020
6.24.020 Basis of charge.
A. The basis of the sewer service charge is a fair and equitable distribution of sewer
system costs to users of the sewer system. Periodic cost of service studies shall be
conducted to support the District's revenue requirement, allocation of costs, customer
classes and rate design for recovery of costs within classes.
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Ordinance No. 322
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B. As a predominantly residential service agency, the basic unit charge established
in this chapter by the District is that necessary to recover the sum of total system and
plant operation, maintenance, and replacement costs (including pay as you go and debt
service costs funding capital needs), and general administration and accounting cost for
providing service to an average single-family dwelling unit, and shall be a flat rate per
year per living unit. Rates for multi-family dwelling units shall also be calculated as a flat
rate per living unit. The basic unit charge for other users of the system shall be in units
of one hundred cubic feet of sewage discharged to the sewer system.
C. Charges for nonresidential users shall be estimated based on their use of the
sewer system for the previous calendar year. The General Manager shall establish
procedures to fairly and equitably estimate use of the sewer system for new service or
when sufficient historic data is not available. Such procedures may include the use of
standard flow factors established by ordinance.
D. Certain other costs of the District include recovery of capital costs and debt
service related to the funding of capital costs. Capital improvement costs for plant and
sewer system shall be financed, to the extent possible, primarily from revenues derived
from ad valorem taxes, annexation charges, agency contracts, and connection charges,
and from sewer service charges and debt proceeds as necessary. These rates and
charges shall be established by ordinance of the Board of Directors of the District and
reviewed periodically.
15. Amendment of Section 7.02.020
7.02.020 Irrevocable offers of dedication, requirement of acceptance.
A. An offer of dedication ("offer") can be submitted by subdivision map to any local
public agency for approval pursuant to the Subdivision Map Act (California Government
Code Section 66410 et seq.) or directly to the District by separate instrument.
B. An offer can be made for an area partially or completely within the District's
boundaries, or for an area which is intended to be annexed to the District pursuant to
the development of that subdivision.
C. An offer of dedication of an easement or public right-of way, such as a street,
road, trail or path, explicitly or implicitly for sewer/recycled water purposes shall be
deemed to be an irrevocable offer of dedication ("irrevocable offer") in favor of the
District.
The rejection of an offer by any other local public agency shall not affect the irrevocable
offer potentially available to the District or the District's right to later accept such offers
for sanitary sewer/recycled water purposes.
D. Prior to the District issuing a permit for construction, the applicant shall submit
documentation conclusively demonstrating that adequate rights-of-way were acquired in
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favor of the District. This documentation shall be by one or more of the following
instruments, on forms acceptable to the District and suitable for recording:
1. evidence of submittal of a subdivision map, which was favorably reviewed by the
District, for approval to the county or city with jurisdiction pursuant to the Subdivision
Map Act;
2. submittal of properly executed irrevocable offers;
3. submittal of documents reflecting appurtenant rights pursuant to the provisions of
Chapter 7.04 of this code; and/or
4. grants of easement or similar documents.
General or specific-case authority to receive and record irrevocable offers may be
delegated to the General Manager by resolution of the Board.
E. Neither the receipt nor recording by the District of an irrevocable offer nor a
property owner's filing of a subdivision map shall constitute acceptance of the offer.
16. Amendment of Section 7.02.030
7.02.030 Irrevocable offers of dedication - Acceptance.
A. The District may accept any irrevocable offer in its entirety or limited to certain
locations within a larger dedication.
B. Except those real property interests stated in Chapter 7.01, an irrevocable offer
shall be accepted by the District only by either: (1) adoption and recording of a
resolution of the Board; or (2) by execution and recording of a "Certification of
Acceptance" by the General Manager pursuant to a resolution of the Board delegating
general or specific case authority to accept offers of dedication.
C. In no event shall such an acceptance subject the District to responsibility for
maintenance or liability arising from facilities that were not specified in the "notice of
acceptance of sewer/recycled water facilities." Furthermore, the District does not
maintain the surfaces of rights-of-way or easements. For example, the District does not
maintain roads, streets, trails, paths, slopes, fences, vegetation, except required to
maintain and service District facilities.
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17. Amendment of Section 7.02.050
7.02.050 Grants of easement - Acceptance.
A. Notwithstanding the rights and prerogatives granted under this chapter, the
District reserves to itself the power to acquire grants of easements for sewer/recycled
water purposes when, in its discretion, it determines that it is advisable to do so. The
grants of easements shall be accepted by the District only by either: (1) adoption and
recording of a resolution of the Board; or (2) by execution and recording of a
"Certification of Acceptance" by the General Manager pursuant to a resolution of Board
delegating general or specific case authority to accept offers of dedication.
B. In no event shall such an acceptance subject the District to responsibility for
maintenance or liability arising from facilities that were not specified in the "notice of
acceptance of sewer/recycled water facilities." Furthermore, the District does not
generally maintain the surfaces of rights-of-way or easements. For example, the District
does not maintain roads, streets, trails, paths, slopes, fences, vegetation, except as
required to maintain and service District facilities.
18. Amendment of Section 7.15.010 B.1.
7.15.010 Definitions.
(Section B "Encroachment", subsection 1.)
1. Class One Encroachments. These are encroachments that may result in
significant interference with District's use of easements unless adequate safeguards
and/or mitigation measures are taken. Examples of Class One encroachments ordinarily
include: Interlocking pavers, pervious pavers, patios or decks without subsurface
foundations, modest landscaping, minor cuts and fills, and sheds or storage units that
are readily removable from the easement.
19. Amendment of Section 7.20.010
7.20.010 District right to access District facilities on private or public property.
Where the District has facilities within easements, reservations or rights-of-way,
including those real property interests acknowledged, asserted and declared in Chapter
7.01, the District shall have the right to enter private property in order to construct,
reconstruct, renew, alter, operate, maintain, inspect, repair and replace District facilities
and as set forth in Section 1.08.020 of this code. The District may also remove
landscaping and other encroachments within the easement, reservation or right-of-way
that significantly impede access to District facilities or unreasonably interferes with the
construction, reconstruction, renewal, alteration, operation, maintenance, repair or
replacement by District of its facilities within the easement, reservation or right-of-way.
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In no event shall such access subject the District to responsibility for maintenance of the
easement or rights-of-way, or the surrounding property across which it travels. For
example, the District is not responsible for maintenance of the surfaces of roads,
streets, trails, paths, slopes, fences, vegetation, except as required to maintain and
service District facilities.
20. Amendment of Section 9.08.030 B
9.08.030 Acceptance of sewage facilities.
(Section B)
B. After October 2, 2008, acceptance of sewer facilities shall be considered after the
following are met:
1. pass inspection by the District; and
2. pass a one-year warranty; and
3. appropriate land rights per Section 7.020 were recorded.
The Board delegates to the General Manager the responsibility and authority to accept,
or reject, any sewer facilities offered for contribution to the District. The facilities shall be
deemed to be accepted by the District as of the date and to the extent stated in a
"notice of acceptance of sewer facilities", or a substantially similar, document issued to
an installer.
21. Amendment of Section 9.10.040
9.10.040 Ownership, maintenance and connection of side sewers.
A side sewer is a private facility. The property owner shall be responsible for
constructing, repairing and maintaining the entire side sewer between the building and
the public sewer (including both the lateral and building sewers, and the tap, saddle or
wye connection fitting at the public main sewer). The District shall not be financially
responsible for any side sewer construction, operation, maintenance, repair,
abandonment or other costs whatsoever, except where the District itself or its contractor
reconstructs or realigns the public sewer, thereby necessitating the reconnection of
private side sewers to the public sewer.
Property owners shall maintain side sewers in such a manner as to prevent overflows.
The District Board of Directors has determined that side sewer overflows may constitute
a public nuisance as defined in Chapter 1 .04. The Board delegates authority to the
General Manager to determine whether the condition of a side sewer constitutes a
public nuisance.
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If the General Manager determines that a side sewer constitutes a public nuisance, the
District reserves the right to abate this nuisance as detailed in Chapter 1.08.050 and
recover associated costs as detailed in Chapter 1.08.090.
22. Amendment of Section 11.10.030
11.10.030 Ownership.
The District is the sole owner of the distribution facilities up to and including the
customer service meters. Customer service meters shall be owned by the District. All
facilities on the customer side of the point of connection shall be owned, operated and
maintained by the recycled water customer.
Acceptance of distribution facilities shall be considered after the following are met:
1. pass inspection by the District; and
2. pass a one-year warranty; and
3. appropriate land rights per Section 7.020 were recorded.
The Board delegates to the General Manager the responsibility and authority to accept,
or reject, any distribution facilities offered for contribution to the District. The facilities
shall be deemed to be accepted by the District as of the date and to the extent stated in
a "notice of acceptance of recycled water distribution facilities," or a substantially
similar, document issued to an installer.
23. Finding of No "Project"
The District Board' s action in adopting the proposed Code revisions does not constitute
a Project as envisioned by CEQA, as this action is consistent with defined
circumstances which do not constitute a Project pursuant to the provisions of Title 14
15378(b)(2), (4) and (5).
24. Effective Date
This Ordinance shall be a general regulation of Central San and shall be published once
in the Contra Costa Times and San Ramon Valley Times, newspapers of general
circulation within the District Boundary and shall be effective on June 17, 2022. This
Ordinance shall be kept on file with the Secretary of the District.
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PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 2nd day of June 2022, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
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Ordinance 2 of 2
Title 10 only Attachment 4
ORDINANCE NO. 323
AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
REVISING DISTRICT CODE CHAPTERS
10.04, 10.08, 10.12, 10.16, 10.24, 10.28, and 10.32
WHEREAS, the Central Contra Costa Sanitary District (Central San) has determined
that there is a need to update certain provisions within Chapter 10 of the District Code;
and
WHEREAS, a public hearing was noticed pursuant to Government Code Sections
50022.3 and 6066 for May 26, 2022, at 2:30 p.m. at the District Board of Directors
Regular Meeting scheduled for that date; and
WHEREAS, a properly noticed public hearing was held on May 26, 2022, where all
interested parties were given an opportunity to be heard, and thereupon the public
hearing was closed; and
WHEREAS, District Counsel has reviewed these proposed Code revisions and
concluded that adoption of these Code modifications does not constitute a California
Environmental Quality Act (CEQA) Project as defined under Title 14 of California Code
of Regulations; specifically, it does not constitute a Project pursuant to §§ 15378(b)(2),
4) and (5) because:
i) this action is continuing administrative in nature, and deals with general
policy and procedure making; and
ii) it does not create any governmental funding mechanism or fiscal activity
involving a commitment to any specific project; and
iii) it is an organizational and administrative activity that will not result in any
direct or indirect changes to the environment; and
WHEREAS, the Board of Directors duly considered all oral and documented evidence.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District does ordain as follows:
The following sections of the District Code shall be amended to read as follows:
1. Amendment of Section 10.04.020
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.
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B. Authorized Representative of Industrial User. An authorized representative of
an industrial user may be:
(1) By a responsible corporate officer if the Industrial User is a corporation.
For the purpose of this paragraph, a responsible corporate officer means:
(i) a president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who
performs similar policy- or decision-making functions for the
corporation, or
(ii) The manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive
measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary
systems are established or actions taken to gather complete and
accurate information for control mechanism requirements; and where
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the Industrial User is a partnership or
sole proprietorship respectively.
(3) By a duly authorized representative of the individual designated in
paragraph (1) or (2) of this section if:
(i) The authorization is made in writing by the individual described in
paragraph (1) or (2);
(ii) The authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the
discharge originates, such as the position of plant manager, operator
of a well, or well field superintendent, or a position of equivalent
responsibility, or having overall responsibility for environmental matters
for the company; and
(iii) The written authorization is submitted to the District.
C. Best Management Practices (BMPs). Schedules of activities, prohibitions of
practices, maintenance or operating procedures, and other management
practices to implement that which is listed in 40 Code of Federal Regulations
Section 403.5(a)(1) and to prevent or reduce the pollution of "waters of the
United States." BMPs also include treatment requirements, operating
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procedures, and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw materials storage. Best Management
Practices may be proposed by an individual user and accepted by the District
or, as set forth in this Ordinance, mandated and set by the District.
D. 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/1).
E. Carbonaceous Biochemical Oxygen Demand (CBOD). The quantity of
oxygen utilized in the biochemical oxidation of organic matter, excluding
oxidation due to nitrogenous bacteria, under standard laboratory procedure,
five (5) days at twenty degrees (200) centigrade expressed in terms of weight
and concentration (milligrams per liter, mg/1).
F. Categorical Standards. National pretreatment standards which specify
quantities or concentrations of pollutants or pollutant properties that may be
discharged by industrial users in specified industrial subcategories.
G. Class I Industrial User. Any nondomestic user who requires a significantly
greater level of administrative services and/or oversight by the District
Environmental Compliance Program than a Class II User, 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.
H. Class II Industrial User. Any nondomestic user of the District's facilities who
(1) has a discharge flow of twenty-five thousand (25,000) gallons or more per
average work day, or (2) contributes process wastewater which makes up 5%
or more of the District treatment plant's average dry weather hydraulic or
organic capacity; or (3) has in its wastes hazardous pollutants, or (4) is
subject to national pretreatment standards, or (5) has in its untreated
wastewater pollutants which are in excess of any pretreatment standard or
requirement, including any standard identified in this ordinance or local limits
set by resolution of the District Board, or (6) may, in the opinion of the District,
have a reasonable potential for adversely impacting, either singularly or in
combination with other contributing industries, the District's treatment plant or
the ability of the District to meet the objectives of this Ordinance or for
violating any pretreatment standard or requirement.
I. Class III Industrial User. Any nondomestic user who 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 11
Industrial User due to the volume, characteristics, or the nature of the process
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producing the waste. Any non-domestic user who generates hazardous
waste, whether or not said waste is, in the normal course of the industrial
process, discharged into the sanitary sewer system, may be considered a
Class III Industrial User. A nondomestic 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 potential for this waste to
be discharged into the sewer, even through accident in non-process or
process of handling of the waste. This classification 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 hazardous materials, whether or not a hazardous
waste is produced in the industrial or commercial process if, in the
determination of the District, a 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 who 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 nondomestic users
for which the General Pretreatment Regulations promulgated by the EPA
under a 40 CFR 403.8(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.
J. Class IV Industrial User. Any non-domestic user who is not included within
the definitions and parameters of Class I, Class ll, or Class III Industrial
Users.
K. Collection System. The District pipelines, pump stations, manholes, and
other similar facilities which accept, collect, and convey sanitary sewage to
the Treatment Plant.
L. Constituent. A pollutant parameter that may be subject to monitoring or other
control measures by a user.
M. Cooling Water. The water discharged from any use such as air conditioning,
cooling, or refrigeration, or to which the only pollutant added is heat.
N. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant
during a calendar day. Where Daily Maximum Limits are expressed in units
of mass, the daily discharge is the total mass discharged over the course of
the day. Where Daily Maximum Limits are expressed in terms of a
concentration, the daily discharge is the arithmetic average measurement of
the pollutant concentration derived from all measurements taken that day.
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O. Discharge or Indirect Discharge. The introduction of pollutants into a Publicly
Owned Treatment Works from any non-domestic source regulated under
section 307(b), (c) or (d) of the Act.
P. Discharge Prohibition. Regulatory strategy to control pollutant sources by
prohibiting the discharge to the sanitary sewer system rather than
establishing numeric discharge limits.
Q. District. Central Contra Costa Sanitary District.
R. District Board. The Board of Directors for Central Contra Costa Sanitary
District.
S. District Facilities. All of the District's system of collecting, conveying, and
treatment including, but not limited to, the collection system and treatment
plant. This includes any publicly owned facility connected to the District's
collection system which generates wastewater treated at the District
treatment plant.
T. 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 of a private conveyance system. The strength shall
be considered to have no more than 300 milligrams per liter (mg/1) BOD and
suspended solids.
U. 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.
V. General Manager. The General Manager of the District or his duly authorized
representative.
W. Hazardous Pollutants. Any constituent or combination 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.
X. Holding Tank Waste. Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, and vacuum-pump tank trucks.
Y. Industrial User. Any contributor of industrial waste or wastewater.
Z. 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
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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.
AA. Instantaneous Limit. The maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or
composite sample collected, independent of the industrial flow rate and the
duration of the sampling event.
BB. Interceptor. A containment device designed to intercept, trap, or otherwise
prevent grease, sand, flammable liquids, or other potentially harmful
substances from entering the District facilities.
CC. Interference. An act that harms or disrupts the facilities, processes, or
operations of the District; or has an adverse effect on the quality of the
effluent, sludge, air emissions, or other residuals generated by the District's
facilities; or has an adverse effect 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. Interference can include,
but not be limited to, a discharge that causes or contributes to a violation of
any requirement of the District's NPDES permit (including an increase in the
magnitude or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions and
regulations or permits issued there under (or more stringent State or local
regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal
Act (SWDA) (including title II, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA), and including State regulations
contained in any State sludge management plan prepared pursuant to subtitle
D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the
Marine Protection, Research and Sanctuaries Act.
DD. Mobile Service Provider. A person or business that provides mobile or non-
stationary services to commercial or industrial activities within the District's
service area that generate wastewater needing to be discharged into a
sanitary sewer system. The person or business providing the service may or
may not have a base of operation in the District's service area.
EE. 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.
FF. National Pollution Discharge Elimination System or NPDES Permit. A permit
issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
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GG. New Industrial User. A person who has not contributed or caused to be
contributed industrial waste or wastewater into District facilities from a given
building, structure, facility, or installation. A "new source," as defined below,
is included within the meaning of"new industrial user."
HH. New Source. A building, structure, facility, or installation from which there is,
or may be a discharge of pollutants, construction of which began after the
publication of the proposed pretreatment standards pursuant to Section
307(c) of the Clean Water Act, which will apply to the source if the standards
are promulgated, in accordance with that section provided that: (1) the
source is constructed at a site at which no other source is located; (2) the
source totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or (3) the production or
wastewater-generating process of the source are substantially independent of
an existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new facility
is integrated with the existing plant and the extent to which the new facility is
engaged in the same general type of activity as the existing source should be
considered. The standards contained in 40CFR403.3(m)(2) and (3) are
incorporated by reference. See also New Industrial User and New User,
supra.
II. New User. A person who has not contributed or caused to be contributed
waste or wastewater into District facilities from a given building, structure,
facility, or installation. A "new source," as defined above, is included within
the meaning of "new user."
JJ. Notice of Violation. A document informing the user that it has violated the
District Source Control Ordinance and appropriate corrective action must be
taken.
KK. 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.
LL. Pass Through or Passes Through. A discharge that exits the District
wastewater system in quantities or concentrations that, alone or with
discharges from other sources, have the reasonable potential to cause a
violation of the District's NPDES permit.
MM. Person. Any individual, partnership, co-partnership, 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.
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NN. pH. The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in moles per liter of solution.
00. 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, manufacturing, or processing operation of whatever nature.
PP. Pollution. An alteration of the quality of the waters of the State by waste to a
degree which unreasonably affects (1) such waters for beneficial use or (2)
facilities which serve such beneficial uses or which create a hazard to the
public health.
QQ. Pretreatment or Treatment. The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutants, or the
alteration of the nature of pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing such pollutants
into District facilities. The reduction of alteration can be obtained by physical,
chemical, or biological processes, or process changes by other means,
except as prohibited by 40 CFR Section 403.6(d).
RR. Pretreatment Requirement. Any substantive or procedural pretreatment
requirement, other than a National Pretreatment Standard, applicable to
industrial users.
SS. Pretreatment Standard. Any regulation of the District, State, or EPA
containing pollutant discharge limits or other procedural or substantive
requirements of the user.
TT. Process Wastes or Wastewater (Discharges). See Industrial Waste or
Wastewater defined above in part "Z" of this chapter.
UU. Publicly Owned Treatment Works (POTW). A treatment works as defined by
section 212 of the Act, which is owned by a State or municipality (as defined
by section 502(4) of the Act). This definition includes any devices and
systems used in the storage, treatment, recycling and reclamation of
municipal sewage or industrial wastes of a liquid nature. The term also means
the municipality as defined in section 502(4) of the Act, which has jurisdiction
over the Indirect Discharges to and the discharges from such a treatment
works.
VV. 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
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facilities. 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 result of a non-continuous 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
WW. Significant Industrial User (SIU). Any industrial user classified as a Class I or
Class II industrial user shall be a Significant Industrial User under the federal
pretreatment standards.
XX. Significant Noncompliance (SNC). Any violation of pretreatment standards or
requirements that, in the opinion of the District, constitutes significant
noncompliance. This 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 as more particularly set forth in Section 10.16.110 of this
Ordinance.
YY. Special Discharge Permit. A permit that authorizes temporary discharges to
the District's sanitary sewer system from sources that are not able to be
discharged to a municipality's storm drain system including but not limited to:
groundwater remediation system, groundwater monitoring well purge water,
construction dewatering, pool discharges, tank test water, temporary
discharges of foundation drains or area drains while permanent solutions for
pollutants are developed, and water from reservoirs to enable cleaning. The
Special Discharge Permit will specify the conditions for acceptance of the
wastewater.
ZZ. 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.
AAA. State. State of California.
BBB. Storm Water. Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
CCC. 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.
DDD. Trap. A containment device used for trapping substances and to prevent
grease, sand, or flammable liquids from entering the District facilities.
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EEE. Treatment Plant. Any facility owned by the District that is designed to provide
treatment to wastewater.
FFF. User. Any person who contributes or causes the contribution of wastewater
into District facilities.
GGG. Warning Notice. A document informing a user of a condition that is either a
minor violation, or if left unabated would become a violation that identifies
corrective actions. Failure to correct the conditions identified in a Warning
Notice can result in issuance of a Notice of Violation.
HHH. Waste Hauler. A transporter of wastes that transports the wastes to an
authorized disposal/recycling facility provided that appropriate
permits/licenses are obtained by the accepting facility or agency.
III. Wastewater. The liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities, and institutions, together
with any groundwater, surface water, and storm water that may be present,
whether treated or untreated, which is contributed into or permitted to enter
the District's facilities.
JJJ. Wastewater Discharge Permit. As set forth in Section 10.12.040 of this
Ordinance.
KKK. 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.
LLL. Zero Discharge. A practice of excluding the discharge from entering the
District facilities. Zero discharge can be applied to all process discharges from
a user or for specific process discharges.
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2. Amendment of Section 10.04.030
10.04.030 - Abbreviations.
The following abbreviations shall have the designated meanings:
BMPs - Best Management Practices
BOD - Biochemical Oxygen Demand
CBOD - Carbonaceous Biochemical Oxygen Demand
CCR - California Code of Regulations
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - Environmental Protection Agency
L - Liter
IU - Industrial User
mg - Milligrams
mg/L - Milligrams per Liter
NOV - Notice of Violation
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
SDP - Special Discharge Permit
SIC - Standard Industrial Classification
SIU - Significant Industrial User
USC - United States Code
TSS - Total Suspended Solids
TTO - Total Toxic Organic
ug/L - Micrograms per Liter
3. Amendment of Section 10.08.020
10.08.020 - General Discharge 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 facilities. This prohibition includes, but not limited to, 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.
A user shall have an affirmative defense in any enforcement action brought against it
alleging a violation of the general prohibitions, including a violation of the specifically
prohibited effects or characteristics, where the user can demonstrate (1) that the user
did not know or have reason to know that its discharge, alone or in conjunction with a
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discharge or discharges from other sources, would result in a violation of this
Ordinance, including a prohibited effect or prohibited characteristic ; and (2) the user
was in compliance with the existing limits for each pollutant in its discharge that resulted
in a violation, or if there were no such existing limits, the user's discharge directly before
and during the violation did not change substantially from the user's prior discharges
which occurred when the District remained in compliance with its NPDES permit and
with applicable requirements for sewage sludge use or disposal.
4. Amendment of Section 10.08.040
10.08.040 - Prohibited Substances or Characteristics
A user shall not discharge, or cause to be discharged, directly or indirectly 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, sufficient either alone or by interaction with other substances to cause
fire or damage to District facilities or to be injurious to human health and safety or to the
operation of District facilities. At no time shall a waste stream exceed a closed cup flash
point of less than one hundred forty degrees (140 °) Fahrenheit or sixty degrees (60 °)
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 manufacturer's
instructions using pentane as the calibration standard. The materials which may be
prohibited if they cause explosive or fire dangers as defined herein include, but are not
limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides,
sulfides, or any other substance which is a fire or explosion hazard.
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, soil, 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, grinding or polishing wastes, grease, garbage 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 greater than 11.5, or
wastewater having any other corrosive property capable of causing damage or hazard
to structures, equipment, humans, or animals.
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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 (1041) Fahrenheit) or
with a temperature at the point of discharge to the District's collection system which
exceeds sixty-five degrees (650) Centigrade (one hundred fifty degrees (1500)
Fahrenheit).
F. Any pollutants, including oxygen- demanding pollutants (CBOD, COD,
etc.) released at a flow rate and/or pollutant concentration that 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.
G. Any discharge which results in toxic gases, vapors, or fumes in a quantity
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 10 CFR 20.2003.
J. Any storm water, groundwater, rainwater, street drainage, subsurface
drainage, yard drainage, diatomaceous earth filter backwash, or swimming pool
drainage, 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 from 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 waste, holding tank waste, portable toilet waste, grease
interceptor waste, or oil and sand interceptor waste, unless a permit is issued by the
District, or unless such sludge or waste is transported to the District by a permitted
waste hauler in accordance with the regulations set forth in Chapter 10.28 of this
Ordinance.
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M. 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.
N. 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.
O. 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 to 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.
P. The following constituents are subject to a discharge prohibition standard
in lieu of setting numeric discharge limits. The presence of these constituents
documented through approved analytical methods shall be a violation of this section
and be subject to corrective actions by the user to control the discharge of the
constituent present. Wastewater discharge permits may establish discharge
prohibition(s) for constituents not included in this section for specific Industrial Users.
a. Cyanide for unpermitted users
b. Dioxin compounds
c. Polychlorinated Biphenyls (PCBs)
d. Tributyltin (TBT)
e. Dieldrin
f. 4,4'-DDE
g. Perch loroethylene wastes and wastewaters from dry cleaner operations
5. Amendment of Section 10.08.055
10.08.055 - Documentation of Proper Disposal/Recycling.
All industrial users, waste haulers and mobile service providers shall maintain complete
and accurate records documenting proper disposal of wastes, hazardous waste, and
wastewater that is generated in the District's service area and transported from the
original site of generation for disposal or recycling. The minimum documentation
required shall include:
A. The location where the waste, hazardous waste, or wastewater was
generated;
B. The transporter's name and phone number;
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C. Description and volume of the waste, hazardous waste, or wastewater;
and
D. Name, location, and phone number of the facility where the waste,
hazardous waste, or wastewater was disposed or recycled.
6. Amendment of Section 10.08.090
10.08.090 - District's Right of Revision.
The District reserves the right to establish by ordinance or resolution more stringent
limitations or requirements on discharges to the District's wastewater facilities 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.
7. Amendment of Section 10.08.110 fA and Bl
10.08.110 - Slug Discharges
Sections A and B only
A. All users shall be prohibited from allowing slug discharges, as elsewhere
defined herein, from entering the District's facilities.
B. Each user shall provide protection from slug discharges of restricted
materials or other substances regulated by this Ordinance. Facilities to prevent slug
discharges of restricted materials shall be provided and maintained at the user's own
cost and expense.
8. Amendment of Section 10.08.130
10.08.130 - Best Management Practices (BMPs) to Control Discharges.
Industrial Users can employ Best Management Practices (BMPs) to effectively control
the discharge of pollutants to the District's facilities. The District may establish BMPs
for specific industrial users through condition(s) in the permit or permit contract. The
District may establish BMPs for a business activity that would apply to entire groups of
businesses such as vehicle service facilities or food service facilities. BMPs for
business activities will be communicated to the affected industrial users through
informational materials distributed during inspections, direct mailing, or the District's
website. Industrial users shall be responsible for complying with the business activity
BMPs after being informed by the District of their applicability to the industrial users'
operations. Industrial Users subject to BMPs as a means of complying with the
standards of this Ordinance shall maintain documentation to demonstrate compliance
with the applicable BMP standards.
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9. Amendment of Section 10.12.040 fA-51
10.12.040 - Wastewater Discharge Permit.
Section A, sub-paragraph 5.
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.
10. Amendment of Section 10.12.040 fA-10.b.1
10.12.040 - Wastewater Discharge Permit.
Section A, sub-paragraph 10. b.
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 or their designee 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 reason for delay, and the
steps being taken by the user to return the construction to the schedule established.
11. Addition to Section 10.12.040 C
10.12.040 - Wastewater Discharge Permit.
Section C; Add new sub-paragraph 28.
28. Identification of the enforcement actions that can be taken in response to
documented conditions of non-compliance including, but not limited to, applicable civil
and criminal penalties.
12. Amendment of Section 10.12.040 F
10.12.040 - Wastewater Discharge Permit.
Section F.
F. Permit Modifications.
When a new National Categorical Pretreatment Standard is promulgated, the
wastewater discharge permit or permit contract of users subject to such standard shall
be revised to require compliance with such standard within the time for compliance
prescribed by such standard or within ninety (90) days, whichever is shorter. However,
when the time for compliance prescribed by such standard is longer than ninety (90)
days, the users subject to such standard may apply to the General Manager or his
designee for an extended time for compliance in a wastewater discharge permit or
permit contract. The General Manager or his designee may grant such an extension up
to the time for compliance set forth in the National Categorical Pretreatment Standards.
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Where a user, subject to a national pretreatment standard, has not previously submitted
an application for a wastewater discharge permit as required by Section 10.12.050.8. 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 or their designee within one hundred
eighty (180) days after the promulgation of an applicable federal pretreatment standard
the information required by Section 10.12.040.A.
In the event the District determines that it is necessary in order to comply with the
objectives of the Ordinance to impose more stringent limitations or requirements on
discharges to the District's wastewater facilities than are set forth in an existing permit
(for reasons other than issuance of a new national pretreatment standard), the District
shall have the right to require such reasonable modifications of an existing permit to
incorporate such more stringent limitations or requirements. In the event such permit
modification is required, the user shall be provided with reasonable time to make such
modifications to its processes or procedures as may be required to meet the more
stringent limitations and requirements. After consultations with the user, a Compliance
Schedule Agreement shall be issued which would set forth a reasonable schedule for
the user to comply with the more stringent standards. If the permit modification will
require construction or acquisition of equipment related to pretreatment, the Compliance
Schedule Agreement will provide for up to one hundred eighty (180) days to comply;
however, this period may be extended for a period not to exceed an additional one
hundred eighty (180) days upon determination by the General Manager/Chief Engineer
or their designee that good cause exists for an additional period. To the extent that the
user remains in compliance with the permit conditions in effect prior to amendment
during the compliance period, the user shall not be liable pursuant to the terms of this
Ordinance for noncompliance with the more stringent standards or requirements during
the period of the Compliance Schedule Agreement; provided that the user is also
complying with the terms of said Compliance Schedule Agreement.
13. Amendment of Section 10.12.050 E
10.12.050 - Reporting Requirements.
Section E.
E. Periodic Compliance Reports.
1. Class I and II Industrial Users shall submit a report covering a six (6)
month reporting period to the District twice a year, or more frequently representing a
shorter reporting period 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 shall be submitted within forty-five (45)
days of collection of the wastewater samples or by the due date specified in the permit.
The compliance report shall contain such information as may be deemed by the District
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to be necessary to ensure 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 requirements or which are specified in the permit or
permit contract for each regulated waste stream.
b. A record of average daily flow for the reporting period for each
regulated waste 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 any sample from a discharge 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 twenty-
four (24) hours of becoming aware of the violation, repeat the sampling and
pollutant analysis for the parameter in violation, and submit in writing the results
of this second analysis 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
potentially 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
subparagraph (a) above shall indicate the mass of pollutants regulated by pretreatment
standards or requirements in the effluent 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 or
requirement. The user shall provide the actual average production rate of the regulated
processes during the reporting period.
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4. Categorical Industrial Users granted a waiver from monitoring for
pollutants subject to national categorical standards authorized under 40 CFR
403.12(e)(2). This certification shall include the following statement:
"Based on my inquiry of the person or persons directly responsible for managing
compliance with the Pretreatment Standard for 40 CFR [specify
applicable National Pretreatment Standard part(s)], I certify that, to the best of my
knowledge and belief, there has been no increase in the level of [list
pollutant(s)] in the wastewaters due to the activities at the facility since filing of
the last periodic report under 40 CFR 403.12(e)(1)."
14. Amendment of Section 10.12.060 B
10.12.060 - Monitoring.
Section B.
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 or as otherwise agreed in
writing by the District, samples for pH, cyanide, sulfide, phenols, oil and grease, and
volatile organics shall consist of grab samples. When required, a composite grab
sample shall consist of a minimum of four (4) grab samples for the referenced
constituents throughout the entire process discharge period. For all other pollutants,
composite samples shall be taken through flow proportional composite sampling
techniques or time proportional composite sampling as specified in the permit or permit
contract, unless the permit or permit contract specifically authorizes alternative grab or
composite grab techniques. Time-proportional composite sampling shall occur with a
sampling frequency of at least one sample each hour throughout the entire process
discharge period, or a twenty-four (24) hour period as required by the District. Each
regulated waste stream shall be sampled and analyzed separately unless the user's
permit or permit contract allows for sampling and analyzing the combined waste
streams.
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 ensure compliance with this
Ordinance.
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15. Amendment of Section 10.12.060 D
10.12.060 - Monitoring.
Section D.
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 bottle type.
3. Sample preservation used.
4. The dates analyses were performed.
5. Chain of custody of sample.
6. Who performed the analyses.
7. The analytical techniques/ methods used.
8. The results of such analyses.
16. Amendment to Section 10.12.070
10.12.070 - Signatory Requirements.
All applications and reports from all Industrial Users, and other information submitted to
the District from Significant Industrial Users to document compliance with the permit,
permit contract or this Ordinance must contain the following certification statement:
"I certify under penalty of perjury that this document and all attachments
were prepared under my direction or supervision and in accordance with
the system designed to ensure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person(s) who manages 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 knowingly 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 Section 10.04.020 B and 40 CFR 403.12(1)(1-4).
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17. Amendment to Section 10.12.110
10.12.110 - Records Retention.
All records relating to compliance with pretreatment requirements or standards,
including documentation associated with complying with Best Management Practices,
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 District,
State, or EPA has been concluded, except when there is unresolved litigation regarding
the user or the District to which such records are relevant, or a request of the General
Manager of the District for a longer retention, in which cases the records shall be
retained until the litigation is concluded (including the expiration of all periods of
limitation and of all appeals) or as requested by the General Manager.
18. Amendment to Section 10.12.130
10.12.130 - Permit by Rule for Community Carwash Fundraisers.
Notwithstanding other provisions of this Title 10 prohibiting discharges without obtaining
a District permit, a temporary carwash conducted for the purposes of raising funds for a
community organization will be deemed to have a permit by this rule authorizing the
discharge of wastewater to the sanitary sewer system if the criteria of this Section are
met. For purposes of this Section, a community organization is any non-profit
organization exempt from certain federal income taxes under 25 U.S.C. § 501(c), any
registered youth organization or church or school group.
A community organization is authorized to discharge pursuant to this Section 10.12.130
without prior approval or formally obtaining a permit from the District provided that it
complies with best management practices for car washes. A list of the best
management practices for charity car washes is provided on the District's website at
www.centralsan.org or may be obtained by contacting personnel in the District's
Environmental Compliance Program.
19. Amendment to Section 10.16.050
10.16.050 - Assessment of Charges for Obstruction or Damage to District Facilities or
Operations.
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 non-personnel costs may be added to these
charges. The total amount shall be paid within forty-five (45) days of invoicing by the
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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.
20. Amendment to Section 10.16.110 A
10.16.110 - Responding to Significant Noncompliance.
Section A.
A. Violations of Wastewater Discharge Limits.
1. Chronic Violations. Violations in which 66 percent or more of all the
measurements taken for the same pollutant parameter during a six (6) month period
exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including
instantaneous limits, as defined by 40 CFR 403.3(1)
2. Technical Review Criteria Violations. Violations in which 33 percent or
more of all of the measurements taken for the same pollutant parameter during a six (6)
month period equal or exceed the product of the numeric Pretreatment Standard or
Requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by
the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other
pollutants except pH).
3. Other Effluent Limit Violations. Any other violation of a Pretreatment
Standard or Requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term
average, instantaneous limit, or narrative standard) that the District determines has
caused, alone or in combination with other discharges, interference (e.g., slug loads) or
pass-through (including adverse effect on any toxicity testing); or endangered the health
of the sewage treatment personnel or the public.
4. Danger to Human Health or Welfare. This criterion 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.
21. Amendment to Section 10.16.110 C
10.16.110 - Responding to Significant Noncompliance.
Section C.
C. Failure to Provide Proper Data.
Failure to provide, within forty-five (45) days after the due date, required reports such as
baseline monitoring reports, ninety (90)-day compliance reports, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
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22. Amendment to Section 10.24.010
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 Environmental Compliance 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 Environmental Compliance and related programs. It is also 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.
23. Amendment to Section 10.24.020
10.24.020 - Sewer Service Charges.
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 Environmental Compliance 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.
24. Amendment to Section 10.24.030
10.24.030 - Scope of Charges and Fees for Source Control Program.
The District may adopt charges and fees to compensate the District for its activities
under the Environmental Compliance Program which may include:
A. Setting up and operating the District's pretreatment 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 enforcement measures.
F. Other fees as the District may deem necessary to carry out the
requirements of the programs contained herein.
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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
activities in implementation of these programs.
25. Amendment to Section 10.24.050
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,
or their designee, 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.
26. Amendment to Section 10.28.020 A
10.28.020 - Waste Hauler Discharge Permit.
Section A.
A. Permit Term. Waste hauler discharge permits shall be issued for a period not to
exceed five (5) years.
27. Amendment to Section 10.28.030
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, or their designee,
determines the cash deposit should be increased in order to protect the interest of the
District based on the nature of the current operations of a permittee or the prior history
of compliance with the waste hauler program requirements, including, but not limited to
those set forth in Section 10.20.020 C. above, then the General Manager, or their
designee 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.
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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. All or a portion of the cash deposit or acceptable
security may be forfeited 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 nondomestic 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 unlawful 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
5. A permittee otherwise fails to comply with provisions contained in
this Ordinance or the District Code.
28. Amendment to Section 10.32.010
10.32.010 - Interceptors Required.
All nondomestic users shall be required to install and maintain a grease, oil, and sand
interceptor when the General Manager, Chief Engineer or their designee 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 District's facilities 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 would be in violation of a
pretreatment standard or, in the discretion of the District, present the possibility of
causing or contributing to the fouling of or the blockage of or other damage to the
District's facilities.
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29. Amendment to Section 10.32.020
10.32.020 - Administration of Interceptor Program.
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 District's facilities from entering the system through use of interceptors
or traps. The District may require any nondomestic 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 installation 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 fixtures, and type of processing or cooking equipment used.
D. The type of service provided or operation undertaken (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-laden, flammable, or sand-laden
discharges.
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 facilities, in the event of new construction or
remodeling. In instances where a user has already connected and the District
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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.
30. Addition of Section 10.32.025
10.32.025 - Interceptor/Trap Installation Variance Procedure
The District recognizes conditions may exist that prevent the installation of an
interceptor for a particular location (e.g. conflict with existing utilities). The District's
Environmental Compliance Program shall administer an Interceptor/Trap Installation
Variance Program that establishes criteria and procedures to consider an Industrial
User's request for alternatives to a determination that an interceptor/trap is required for
the process discharges.
31. Amendment to Section 10.32.030
10.32.030 - Interceptor Maintenance Procedures and Program.
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 ensure that the interceptor or trap operates as
designed to prevent grease, oil, sand, or other harmful constituents from entering the
District's facilities. 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.
32. Amendment to Section 10.32.035
10.32.035 - Interceptor/Trap Maintenance Standards.
Maintenance standards shall be conducted by users in order to ensure the proper
operation of interceptors and traps. If the operations of a specific user modify the need
to follow the specified standards, the user can request a variance from the District in
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writing on the form provided by the District. Unless the District issues a written variance
to a user, the user is responsible for meeting the specified minimum maintenance
standards of this section:
A. Access to interceptors and traps shall be maintained to allow inspection
and maintenance to be performed. Inspections shall be performed at appropriate
frequency to ensure adequate operation of the interceptor or trap and to evaluate
effectiveness of Best Management Practices to control sources of pollutants.
B. Interceptors shall be operated so that the accumulated grease and solid
waste does not meet or exceed twenty-five (25) percent of the unit's capacity.
Determinations shall normally be made by measuring the depth of the layers within a
unit.
C. Interceptors shall be cleaned at least once every 90 days. Interceptor
cleaning shall be conducted to pump all the liquid and solid contents of the unit, and the
sides will be cleaned of any substantial build-up of grease and solid wastes.
1. Incidental use separators (e.g. sand/oil interceptors serving parking
garages, grease traps serving only a trash enclosure without a wash station)
shall be cleaned at least once every year). Less frequent cleaning shall be
subject to District approval through the Interceptor/Trap Maintenance variance.
D. Traps shall be cleaned according to the manufacturer's recommended
frequency (e.g. daily, weekly) when conducted by user's employees, and shall be
pumped of all the liquid and solid contents using a licensed and permitted waste hauler
at least once every 90 days.
1. The user may clean smaller traps in lieu of using a licensed and
permitted waste hauler at least once every 90 days provided that all the
standards for cleaning traps are met, including, but not limited to, removal of all
liquids and solids and not decanting wastes. The user shall document the proper
disposal of the wastes removed from the trap as required in section 10.32.035 G.
E. Decanting of wastes removed from an interceptor or trap is prohibited
when a licensed and permitted waste hauler is used to clean a unit. Wastes removed
from the interceptor or trap shall not be reintroduced into the unit cleaned or any other
connection to the District's sewer collection system unless the location is specifically
authorized in a current waste hauler permit.
F. Introduction of enzymes, microbes, chemicals, or other materials to
interceptors and traps for the treatment of grease, oils or accumulated materials in the
interceptor or trap is prohibited. Use of such materials to treat drain lines served by an
interceptor (not traps) are acceptable provided the dosage is appropriate for the drain
line cleaning and not for the removal of grease from the interceptor.
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G. The user shall maintain records documenting proper maintenance of the
interceptor or trap. The disposal location (name, address, phone number for off-site
facilities) for wastes removed from an interceptor or trap shall be recorded and made
available for inspection upon request.
33. Finding of No "Project"
The District Board' s action in adopting the proposed Code revisions does not constitute
a Project as envisioned by CEQA, as this action is consistent with defined
circumstances which do not constitute a Project pursuant to the provisions of Title 14
15378(b)(2), (4) and (5).
34. Effective Date
This Ordinance shall be a general regulation of Central San and shall be published once
in the Contra Costa Times and San Ramon Valley Times, newspapers of general
circulation within the District Boundary and shall be effective on June 17, 2022. This
Ordinance shall be kept on file with the Secretary of the District.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 2nd day of June 2022, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
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