Reso 0897-12/1990 RESOLUTION NO. 897
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VALLECITOS WATER DISTRICT
APPROVING THE PRETREATMENT REGULATIONS AND PROCEDURES
FOR INDUSTRIAL USERS OF THE
ENCINA WATER POLLUTION CONTROL FACILITY
WHEREAS, the Vallecitos Water District is a party to the Encina Joint
Powers Basic Agreement entered into on July 13, 1961, for the acquisition,
construction, ownership, operation, and maintenance of the Encina Joint Sewer
Systems; and
WHEREAS, the Vallecitos Water District is a member of the Encina
Administrative Agency (EAA); and
WHEREAS, the Federal Water Pollution Act of 1972, Clean Water Act of
1977 and amendments, the Federal General Pretreatment Regulations (40 CFR 403)
of 1978 and amendments, the California Code of Regulations (Title 23, Subchapter
9), and the National Pollutant Discharge Elimination System Permit for the Encina
Ocean Outfall require that the Encina Joint System service area have an
industrial pretreatment program that complies with all federal and state
regulations; and
WHEREAS, the EAA is authorized to adopt industrial pretreatment
regulations that comply with federal and state pretreatment regulations and to
implement all aspects of such regulations, including permitting, inspection,
monitoring, reporting, and enforcement activities; and
WHEREAS, under the EAA's pretreatment regulations for industrial
pretreatment, permits should be jointly issued by the Vallecitos Water District
and the EAA; and
WHEREAS, the adoption of regulations by the Vallecitos Water District
which are consistent with, and supplement those adopted by the EAA, is necessary
and desirable;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Vallecitos Water District as follows:
SECTION 1: The above recitals are true and correct.
SECTION 2: The pretreatment regulations attached to this resolution
as Exhibit "A" are hereby approved and incorporated herein by reference.
SECTION 3: ESTABLISHMENT OF RULES AND REGULATIONS. The District
Engineer is authorized to adopt such rules and regulations as deemed reasonably
necessary to protect the sewer system and joint sewer system, to control and
regulate the proper use thereof, and to provide for the issuance of permits;
provided, however, that the terms of the provisions of such rules and regulations
shall be promulgated in a manner best directed to result in the uniform control
and use of the joint sewer system bythe parties to the Encina Joint Powers Basic
Resolution No. 897
Page Two
Agreement or any amendments or supplements thereto and provided further that such
rules and regulations shall not become effective until approved by the Board of
Directors of the District. In the event of any inconsistency between the Joint
Sewer System regulations and regulations adopted by the District, the more
restrictive regulations shall apply.
SECTION 4: ISSUANCE OF PERMITS AND EXPIRATION. Industrial waste
permits shall be co-issued by the Vallecitos Water District and the Encina
Pollution Control Facility in accordance with District and Encina Water Pollution
Control Facility regulations which shall be approved by the Vallecitos Water
District Board of Directors. All permits shall be valid for the period specified
on the permit and are not transferable unless such permit is revoked or suspended
as provided by the District and EAA rules and regulations.
PASSED AND ADOPTED by the Board of Directors of the Vallecitos Water
District at a regular meeting held on this 17th day of December, 1990, by the
following roll call vote:
AYES: Burton, Ferguson, Gregoryk, Mason, Newport
NOES:
ABSTAIN:
ABSENT:
Vallecitos Water District
ATTEST:
William W. Rucker, Secretary
Board of Directors
Vallecitos Water District
EXHIBIT "A"
PRETREATMENT ORDINANCE
for
Encina Water Pollution Control Facility
6200 Avenida Encinas
Carlsbad, California 92009
NPDES Permit No. CA0107395
April 26, 1990
Prepared byz
Chris Smith
Environmental Specialist
(619) 438-3941
', '~ TABLE OF CONTENTS
Ref: 7284
SECTION .PAGE
INTRODUCTION AND SUMMARY ........ 4
SECTION 1 GENERAL PROVISION8 .... 6
1.1 PURPOSE AND POLICY ............... 6
1.2 DEFINITIONS .................. 7
1.3 ABBREVIATIONS ................ 17
1 . 4 AUTHORITY .............. 18
1.5 DE GATIoN oF AU NOR T .............
1.6 SIGNATORY REQUIREMENTS ............ 19
1.7 PERMIT TRANSFER PROHIBITIONS .......... 19
1.8 PERMIT - CHANGE OF OWNERSHIP .......... 19
1.9 CONFIDENTIAL INFORMATIOI~ ............ 19
SECTION 2 .......... 20
REGULATIONS ......... 20
2.1 PROHIBITED DISCHARGES ............ 20
2.2 PROHIBITION ON DILUTION ............. 21
2.3 LIMITATIONS ON SURFACE RUNOFF AND GROUNDWATER . . 21
2.4 LIMITATIONS ON UNPOLLUTED WATER ........ 21
2.5 LIMITATIONS ON RADIOACTIVE WASTES ....... 21
2.6 LIMITATIONS ON THE USE OF GRINDERS ....... 22
2.7 LIMITATIONS ON POINT OF DISCHARGE ........ 22
2.8 LIMITATIONS ON WASTERAULER DISCHARGES ...... 22
2.9 LIMITATIONS ON WASTEWATER STRENGTH AND
CHARACTERISTICS ................. 22
2.10 FEDERAL CATEGORICAL PRETREATMENT STANDARDS .... 24
2.11 STATE REQUIREMENTS ................ 24
2.12 MEMBER AGENCY REQUIREMENTS ............ 24
2.13 MASS EMISSION RATE DETERMINATION ........ 25
2.14 PROHIBITION ON INFECTIOUS WASTE .......... 26
2.15 LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL
SOLUTIONS AND SLUDGES ............... 26
2.16 AGENCY'S RIGHT OF REVISION ........... 26
SECTION 3
DISCHARGE PERMITS, CHARGES, AND FEES .... 27
3.1 INTRODUCTION ................... 27
3.2 CLASS I WASTEWATER DISCHARGE PERMITS ..... 27
3.3 CLASS I WASTEWATER DISCHARGE PERMIT APPLICATION . . 27
3.4 CLASS I PERMIT CONDITIONS, AND LIMITATIONS .... 29
3.5 CLASS I TERMS AND CONDITIONS_ ........... 29
3.6 CLASS I PERMIT DURATION AND RENEWAL ....... 30
3.7 CLASS I WATER RECORDS ............... 30
3.8 CLASS II WASTEWATER DISCHARGE PERMITS ...... 30
3.9 CLASS II WASTEWATER DISCHARGE PERMIT APPLICATION . 31
3.10 CLASS II PERMIT CONDITIONS AND LIMITATIONS .... 32
3.11 CLASS II TERMS AND CONDITIONS ........... 32
3.12 CLASS II PERMIT DURATION AND RENEWA~ ....... 33
3.13 CLASS II WATER RECORDS .............. 33
1
" 3.14 CLASS III WASTEWATER DISCHARGE PERMITS · · · 33
~, 3.15 CLASS III WASTEWATER DISCHARGE PERMIT APPLICATIO~ 34
3.16 CLASS III PERMIT CONDITIONS AND LIMITATIONS . . . 34
3.17 CLASS III TERMS AND CONDITIONS ........ 35
3.18 CLASS III PERMIT DURATION AND RENEWAL ...... 36
3.19 WASTEHAULER DISCHARGE PERMIT .......... 36
3.20 WASTEHAULER DISCHARGE PERMIT APPLICATION .... 36
3.21 WASTEHAULER DISCHARGE PERMIT CONDITIONS AND
LIMITATIONS ................... 37
3.22 TRANSFERABILITY ................ 37
3.23 TERMS AND CONDITIONS .............. 37
3.24 pERMIT DURATION AND RENEWAL ........... 37
3.25 WASTEHAULER DISCHARGE PERMIT CHARGE FOR USE . . . 38
3.26 SPECIAL PURPOSE DISCH~GE PERMITS ....... 38
3.27 SPECIAL PURPOSE DISCH~GE PERMIT APPLICATION . . 38
3.28 SPECIAL PURPOSE DISCHARGE PERMIT CONDITIONS AND
LIMITATIONS .................... 38
3.29 SPECIAL PURPOSE DISCHARGE PERMIT CHARGE FOR USE 39
3.30 SPECIAL PURPOSE DISCHARGE TERMS AND CONDITIONS . . 39
3.31 SPECIAL PURPOSE DISCHARGE PERMIT DURATION AND
RENEWAL ..................... 39
3.32 GROUNDWATER DISCHARGE PERMITS .......... 39
3.33 GROUNDWATER DISCHARGE PERMIT APPLICATION ..... 40
3.34 OUT OF SERVICE AREA pERMITS/DISCHARGERS .... 43
SECTION 4
FACILITIES REQUIREMENTS ........ 44
4.1 PRETREATMENT FACILITIES .............. 44
4. ~- SPILL ~X)NTAINMENT FACILITIES ........... 44
4 · 3 MONITORING/METERING FACILITIES .......... 44
4.4 DRAWING SUBMITTAL REOUIREMENTS .......... 44
4.5 WASTE MINIMIZATION REQUIREMENTS .......... 45
SECTION 5
MONITORING,REPORTING,NOTIFICATION, & INSPECTION REQUIREMENTS · 46
5.1 MONITORING FOR COMPLIANCE WITH PERMIT CONDITIONS OR
REPORTING REQUIREMENTS ............. 46
5 · 2 INSPECTION AND SAMPLING CONDITIONS ........ 46
5.3 RIGHT OF ENTRY ............... 47
5.4 NOTIFICATION OF SPILL OR SLUG LOADING ...... 47
5.5 NOTIFICATION OF BYPASS .............. 47
SECTION 6
ENFORCEMENT .......... 49
6.0PURPOSE AND SCOPE .
6. NoN-COMpLIANcE WIT. P PiI ApPLicABLE'
F~ES .................. 49
6., NOTICE oF h&eii ,. ............
6.3 NFORCE, NT COMPLIANCE SCHEDULE AGREEMENT iE6sl) · 54
6.4 REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA) . · 55
6.5 PERMIT SUSPENSION ................. 56
pERMIT REVOCATION ' 57
6,6 · · * " · · · · * * * * ' · · * *
6.7 WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS · 59
6.8 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL
OPERATIONS .................... 60
2
6.9 INDUSTRIAL WASTE PASS THROUGH ........ 60
6.10 BATCH DUMPS ................ 60
S. 11 PUBLISHED NOTICES ............. 60
6.12 TERMINATION OF SERVICE .......... 61
6.13 EMERGENCY SUSPENSION ......... 61
6.14 INJUNCTION ............... 61
6.15 CIVIL PENALTIES ............ 61
6.16 ~PPEALS TO GENE~L ~NAGER ........ 62
6.17 APPEALS ~ THE BOARD OF DIRECTORS ........ 63
6.18 APPEAL OF CHARGES AND FEES .......... 64
6.19 PAYMENT OF CHARGES ................ 64
6.20 COLLECTION.................... 65
6.21 RECOVERY OF COSTS INCURRED BY AGENCY ....... 65
6.22 FINANCIAL SECURITY/AMENDMENTS TO PERMIT ...... 65
6.23 JUDICIAL REVIEW .................. 66
SECTION 7
SEVERABILITY ........... 68
7. I SEVE~BILITY ................ 68
SECTION 8
(RESERVED) ....... 69
SECTION 9 ............. 70
9 · 1 EFFECTIVE DATE ............... 70
" INTRODUCTION AND SUMMARY
· ,
In 1963, the communities of Vista and Carlshad built the original
Encina plant to provide regional primary sewage treatment and deep
ocean disposal of the effluent. By 1971, Buena, Vallecitos
(formerly San Marcos), Leucadia and Encinitas had joined Encina.
Each agency owns varying portions of the plant and outfall.
The Basic Agreement of Encina is the ~Constitutiont of Encina by
which the plant is guided. Policy decisions are made by the Joint
Advisory Committee (JAC). The plant is operated and administered
by the Encina Administrative Agency (EAA).
The Encina Water Pollution Control Facility (EWPCF) itself is a
modern wastewater treatment facility capable of producing full
secondary treatment. It utilizes and reuses by-products of the
treatment processes on site. Digests[ gas is used to drive engines
and effluent is reclaimed to meet plant water needs.
Effective June 22, 1989, all of the member agencies adopted
amendments to the Basic Agreement, which allowed for centralization
of the Encina Pretreatment Program. On April 25, 1990 the EAA
Directors adopted this Encina Pretreatment Ordinance, which among
other things, centralizes pretreatment program functions under
Encina. It is anticipated that by January 1, 1991, all of the
pretreatment programs will be combined and administered by Encina.
This ordinance reflects the changes and needs to clarify and
streamline the entire program. The primary goals of this ordinance
are:
o To ensure agency compliance with all Regulatory Agencies and
National Pollutant Discharge Elimination System (NPDES)
requirements.
o To enforce Federal Categorical Pretreatment Standards
o To prevent pass through and interference of the EWPCF from
discharges to the sewerage system.
o To prevent agency sludge contamination and thereby enhance
sludge disposal options.
o To encourage recycling~ reuse, and conservation of non-
renewable resources.
o To encourage waste minimization and product substitution by
users.
o To ensure the safety of agency personnel by decreasing their
exposure to all hazards.
o To minimize the discharge of volatile organic compounds that
separately or collectively contribute to air emissions from
the Agencyts 'sewerage system.
o To encourage the reduction of water discharge to the sewer
system.
4
o · To establish an effective monitoring program for the control
' of industrial wastewaters, with enforcement to insure equal
treatment of all dlschargers.
o To equitably distribute pretreatment program costs.
This ordinance incorporates the latest pretreatment program
requirements to achieve compliance with Federal and State
standards.
It will continue to be the'Agency's objective to co-issue (together
with the appropriate member agency) permits to all industrial/ '.
commercial users who discharge, or have potential to discharge non-
compatible pollutants to the sewerage system.
'. " RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ENClNA
ADMINISTRATIVE AGENCY ESTABLISHING PRETREATMENT
ORDINANCE AND PROCEDURES FOR INDUSTRIAL USER8
OF THE ENClNA WATER POLLUTION CONTROL FACILITY
Ref: 7284
WHEREAS, certain laws of the United States require publicly
owned wastewater treatment works to establish ordinance governing
discharge of wastewater by industrial users into any such treatment
works; and
WHEREAS, the Encina Water Pollution Control Facility is a
public owned treatment works subject to said laws of the United
States,
NOW THEREFORE~ BE IT R]~SOL~FED BY THE BOARD OF DIRECTORS OF THE
ENClNA ADMXNISTRATIVE AGENCY THAT THE FOLLOWING PRETREATMENT
ORDINANCE AND PROCEDURE8 BE~ AND# ARE HEREBY ADOPTEDZ
SECTION 1 GENERAL PROVISION8
1.1 PURPOSE AND POLICy
This ordinance set forth uniform requirements for direct and
indirect contributors into the wastewater collection and treatment
system for the Encina Administrative Agency (hereinafter EAA) and
enable said Agency to comply with all applicable State and Federal
laws required by the Clean Water Act of 1977 and the General
Pretreatment Ordinances (40 CFR, Part 403), and subsequent
amendments.
-' The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the Encina
Joint Sewer wastewater system which will interfere with the
operation of the collection system or treatment processes or
contaminate the resulting sludge;
(b) To prevent the introduction of pollutants into the Encina
Water Pollution Control Facility wastewater system which will
pass throughsaid system, inadequately treated, into receiving
waters or the atmosphere or otherwise be incompatible with the
system;
(c) To protect and preserve the well-being of personnel at the
Encina Water Pollution Control Facility.
(d) To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system; and
6
· (e~ To provide for equitable distribution of the cost of the
' . Encina Joint Sewer system pretreatment program.
This ordinance provides for the regulation of direct and indirect
contributors to the Encina Water Pollution Control Facility
wastewater system through the issuance of permits to certain non-
domestic users and through enforcement of general requirements for
the other non-domestic users, authorize monitoring and enforcement
activities, require user reporting, assume that existing customer's
capacity will not be preempted, and provide for the setting of fees
for the equitable distribution of costs resulting from the program
established herein.
This ordinance shall apply to Encina Administrative Agency, the
Cities of Carlshad and Vista, the Vallecitos Water District, the
Leucadia County Water District, the Buena Sanitation District and
the Encinitas Sanitary District, and to persons outside said Cities
and Districts who are, by contract or agreement with said Cities
and/or Districts, Users of the Encina Water Pollution Control
Facility, which is a POTW. Except as otherwise provided herein,
the General Manager of the Encina Water Pollution Control Facility
(hereinafter EWPCF) shall administer, implement, direct and cause
enforcement the provisions of this ordinance.
1.2 DEFINITIONS
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this resolution, shall have the
meanings hereinafter designated:
(1) Act or "the Act", The Federal Water Pollution Control Act,
alsoknown as the Clean Water Act, as amended, 33 U.S.C. 1251,
et seq.
(2) Agehey. The Encina Administrative Agency (EAA) or the Board
of Directors of said agency.
(3) Aliquot, Portion of a sample. Often an equally divided
portion of a sample.
(4) ApProval Authority, The State of California Water Resources
Control Board, except for certain EPA oversight functions·
(5) Authorized Representative of Industrial User. An authorized
representative of an 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 indirect discharge originates.
(6) Baseline Menitor~ng Report (BMR), A required report for all
Industrial Users subject to a 'Categorical Pretreatment
Standard. A BMR provides information that documents an
Industrial User's compliance status with all applicable
Pretreatment Standards. If an Industrial User is not
.. '- compliant, a compliance schedule will be submitted with the ' '. BMR describing actions to achieve compliance.
(7) Batch Process, A treatment process in which a tank or vessel
is filled, the wastewater (or solution) is treated to meet
discharge standards and is then released to the sanitary
- system. A batch process is intermittent not continuous.
(8) Best Available Technology (BAT). A level of technology that
is based on the very best (state of the art) control and
treatment measures that have been developed or are capable of
being developed for a particular industrial category. "
(9) Best Practicable Technolog~ (BPT). A level of technology
represented by the average of the best existing wastewater
treatment performance levels within an industrial category.
(10) Biochemical Oxygen Demand (BOD}. The BOD test measures the
organic strength of wastewater. The BOD test measures the
amount of oxygen consumed by the microorganisms in the
wastewater as they stabilize decomposable organic matter
under aerobic conditions. The BOD test is a five (5) day
test where the wastewater is kept at twenty (20) degrees
centigrade and the results are expressed in milligrams per
liter (mg/1).
(11) Biodegradable. Organic matter that can be broken down by
bacteria to more stable forms which will not create a nuisance
or give off offensive odors.
(12) Blowdown~ The removal of accumulated solids in boilers to
prevent plugging of boiler tubes and steam lines. In cooling
towers, blowdown is used to reduce the amount of dissolved
solids in the recirculated cooling water.
(13) Building Sewer. A sewer conveying wastewater from the
premises of a User to the public sewer.
(14) Bypass. The intentional diversion of wastestreams from any
portion of an Industrial User~s treatment facility.
(15) Carcinogenic. Any substance that causes or tends to cause
cancer in an organism.
(16) Categorical Standards. National wastewater discharge
pollutant limits developed by the EPA for any industry in any
designated category that discharges to a POTW. The pollutant
effluent limits are contained in the Code of Federal
Regulations.
(17) Chain of Custody. A set of procedures that ensure the
integrity of a sample, which includes a record of each person
involved in the possession of a sample, securing the sample,
and final disposal of the sample.
(18) Chemical Oxygen Demand CCOD}. The COD test measures the
inorganic and organic strength of wastewater. The COD test
measures the amount of oxygen consumed from a chemical oxidant
" in milligrams per liter (mg/1).
(19) Code of Federal Regulations {CFR), A publication of the
United States Government which contains all of the proposed
and finalized federal regulations, including environmental
regulations.
(20) Collection 8Vstem~ The combined pipes, conduits, manholes,
and other structures, usually underground, whose purpose it
is to convey sanitary wastewater or storm water.
(21) Compatible Pollutants. Those pollutants such as biochemical
oxygen demand (BOD), total suspended solids (TSS), and ammonia
that are normally removed by the POTW treatment processes.
(22) Compliance. The act of meeting specified conditions or
requirements.
(23) Composite Sample. A collection of individual samples taken
on a time or flow interval basis, and combined to give an
average representative sample for the sample period.
(24) Control Ruthority~ The Encina Administrative Agency (EAA).
(25) Conventional Polluterite. Those polluterite which are usually
found in domestic,. commercial or industrial wastewaters such
as biochemical oxygen demand, suspended solids, pathogenic
organisms, adverse pH levels, and oil and grease.
(26) Cooling Water. The water discharged from any use such as air
conditioning, cooling or refrigeration, or to which the only
pollutant added is heat.
(27) Corrosion. The gradual deterioration or destruction of a
substance or a material by chemical action, proceeding from
the surface inward. Corrosive materials deteriorate the
collection system.
(2S) Deleterious. Refers to something that can be or is hurtful,
harmful, or injurious to health or the environment.
(29) Direct Discharge. The direct discharge of treated or
untreated wastewaters directly to the waters of the State of
California. Direct discharges are regulated under the
N.P.D.E.S. program.
(30) Discharge Permit. Formal authorization by Encina
Administrative Agency (EAA).and a member agency, stipulating
the conditions under which the wastewater effluent may be
released.
(31) Disposal. Release to the sanitary sewer system or to the
environment.
(32) Dissolved OxTgen (DO), The amount of oxygen dissolved in
water or wastewater, usually expressed in milligrams per liter
(mg/1).
9 ~
, (33) Domestic Wastewater. The liquid and solid waterborne wastes
. ', derived from the ordinary living processes of humans of such
character as to permit satisfactory disposal, without special
pretreatment, into the public sewer or by means of a private
wastewater disposal system.
(34) Effluent. Usually water or wastewater discharged partially
or completely treated or untreated from an Industrial User or
treatment plant, or part thereof.
(35) Enforcementt A series of progressively more stringent
procedures and actions used to ensure compliance with "
legislation or associated rules, ordinance, or limitations.
(36) Environmental Protection Agency (EPA). The federal agency
charged by law with carrying out and obtaining compliance with
the Clean Water Act of 1977 and other federal environmental
laws and promulgating, interpreting and enforcing regulations
implementing such statutes.
(37) Fl~mmable Liquid, A liquid which by itself, or any component
of it present in greater than one percent concentration, has
a flashpoint below 100 degrees Fahrenheit (38 degrees
Centigrade).
(38) Flashpoint. The minimum temperature of a liquid at which the
liquid gives off vapor in sufficient concentration to ignite
when exposed to any source of ignition.
(39) General Manager. The person designated by the Encina
Administrative Agency (EAA) to supervise the operation of the
Encina Water Pollution Control Facility (EWPCF), and who is
charged with certain duties and responsibilities as contained
by this article and including his duly appointed
representative.
(40) Grab Sample. A single sample collected at a particular time
and place which represents the wastestream at that time and
place only.
(41) Grease. "Grease" means fats, oils or greases or other ether-
soluble matter, and shall ~nclude each of the following two
types:
'- a) Dispersed grease, which means grease which is not
floatable grease; and
b) Floatable grease, which means grease which floats on the
surface of quiescent sewage water or other liquid or
which floats upon dilution of the liquid with water.
(42) Masardous Material Management Plan. A document prepared by
an industx7 which contains copies of Material Safety Data
Sheets (MSDS) as well as additional information regarding the
storage, handling and disposal of all chemicals used on site
by the industry.
(43) ~aBardous Waste, Any waste that is potentially damaging to
environmental health because of toxicity, ignitability,
corrosl~!ty, chemical reactivity or other reasons.
(44) ~olding Tank Waste. Any waste from holding tanks such as
°. vessels, chemical toilets, campers, trailers, septic tanks,
'and vacuum-pump tank trucks.
(45) Indirect Discharge. The discharge or the introduction of non-
domestic pollutants from any regulated source to the EWPCF,
which may include certain holding tank wastes. These
discharges are subject to EPA pretreatment ordinance.
(46) Industrial User {IU). A source of Indirect Discharge to the
EWPCF, which is regulated by the EPA regulations as set forth
in 40 CFR 403.3(h) and as identified in the Standard
Industrial Classification Manual, 1987, Office of Management
and Budget, as amended and supplemented.
(47) Industrial Wastewater. All water-carried wastes and waste-
water of the community, excluding domestic wastewater, and
including all wastewater from any commercial or industrial
production, manufacturing, processing, agricultural, or other
operation. These may also include wastes of human origin
similar to domestic wastewaters.
(48) Infectious Waste. Materials which are likely to transmit
etiologic agents which cause, or significantly contribute to
the cause of, increased morbidity or mortality of human
beings, as more specifically set forth in Health and Safety
Code Section 25117.5.
(49) Influent. Wastewater or other liquid, untreated or partially
treated, flowing into a treatment plant or treatment process.
(50) lnhibitor7 Substances. Materials that kill or restrict the
ability of organisms to treat wastes.
(51) Inspector. A person authorized by the General Manager to
inspect any development discharging or anticipating discharge
to wastewater conveyance, processing and disposal facilities.
(52) Xnterceptor. A devise or trap to reduce the amount of grease,
sand or oil entering the sewer system.
(53) Interference. A discharge that alone or in conjunction with
a discharge or discharges from other sources, both:
.- a) Inhibits or disrupts the POTW, its treatment processes
or operations, or its sludge processes, including either
the use or disposal of sludge; and
b) Therefore is a cause of a violation of any requirement
of the EWPCF's NPDES permit (including an increase in the
magnitude or duration of a violation) or of the preven-
tion of sewage sludge use or disposal in compliance with
the following statutory provisions and ordinance or
permits issued hereinunder (or more stringent State or
local requlations): 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,
11
. the Toxic Substances Control Act, and the Marine
' '. Protection, Research and Sanctuaries Act.
(54) Lower Explosive Limit {LEL}, The point where the concen-
tration of a gas-in-air is sufficiently large to result in an
explosion if an ignition source (sufficient ignition energy)
is present.
(55) Mass Emission Rate, The weight of material discharged to the
sewer system during a given time interval. Unless otherwise
specified, the mass emission rate shall mean pounds per day
of a particular constituent or combination of constituents.
(56) Material Safety Data Sheets (MSD8). A document normally
developed by a chemical manufacturer or formulatot, which
provides pertinent information about a hazardous substance or
mixture. The MSDS is required to be available to employees
and inspectors when a hazardous substance is used or found in
the work place.
(57) Mutagenic. Any substance which tends to cause mutations or
gene changes prior to conception.
(58) National Categorical Pretreatment Standard or 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. 1347) which applies to
a specific category of Industrial users.
(59) National POllutant Discharqe Elimination System CNPDES) t A
permit issued pursuant to section 402 of the Act (33 U.S.C.
1342), which applies to direct discharges to the waters of the
State.
(60) New Source. A new industry or source constructed after the
date of publication of proposed regulation in the Federal
Register as defined in 40 CFR 403.3(k) as revised October 17,
1988.
(61) Nonbiodegradeable. Substances that cannot readily be broken
down by bacteria to simpler forms.
(62) Noncompatible Pollutants. Those pollutants that are not
removed by the POTW treatment system. These pollutants may
be toxic waste and may cause pass-through or interference with
the treatment system.
(63) Noninteqrated Facility. Industrial sources that generate
wastewaters from different categorical pretreatment processes,
but do not combine the wastestreams prior to pretreatment or
discharge to the sanitary system.
(64) Nuisance, Anything which is injurious to health or is
indecent or offensive to the senses or an obstruction to the
free use of property so as to interfere with the comfort or
enjoyment of life or property or which affects at the same
time an entire community or neighborhood or any considerable
12 _
number of persons, although the extent of the annoyance or
damage inflicted upon individuals may be unequal.
(65) Pass-Through. A discharge from an industrial source that
passes through the EWPCF to the waters of the State in
concentrations which, alone or in conjunction with other
discharges, cause an NPDES permit violation.
(66) permittee, A person who has received a permit to discharge
wastewater pollutants into the E~lsewerage system subject to
the requirements and conditions established by EAA.
(67) Person. An individual, partnership, copartnership, 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.
(68) pH~ Mathematically, pH is the logarithm (base 10) of the
reciprocal of the hydroge~ ion activity. The pH range is from
0 to 14 where 0 is the most acidic and 14 most basic, and 7
is neutral.
(69) Pollutant. ~a~y substance which causes an impairment
(reduction) of water quality to a degree that may have an
adverse effect on the beneficial use of the water.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, and industrial, municipal,
and agricultural waste discharged into water and onto the
ground, or deposited where subsurface waters may become
contaminated by leaching.
(70) Pollution. The man-made or man-induced alteration of the
chemical, physical, biological, and radiological integrity of
water.
The impairment (reduction) of water quality by agricultural,
domestic, or industrial wastes (including thermal and
radioactive wastes), to a degree that the natural water
quality is changed to hinder any beneficial use of the water
'- or render it offensive to the senses of sight, taste, or smell
or when sufficient amounts of the wastes create or pose a
potential threat to human health or the environment.
(71) pretreatment or Treatment, The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration
of the nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants to a POTW. The reduction or
alteration can be obtained by physical, chemical or biological
processes, or process changes by other means except as
prohibited by 40 CFR, Section 403.6(d)
(7~) pretreatment Facility. Industrial wastewater treatment plant
, consisting of one or more treatment devices designed to remove
sufficient pollutants from wastewaters to allow an industrial
source to comply with EPA, State or local effluent limitations
for legal discharge to a POTW.
(73) Pretreatment Requirements. Any substantive or procedural
requirement related to pretreatment, other than a National
Pretreatment Standard imposed on a categorical industrial
user.
(74) POTW Treatment Plant. That portion of the EWPCF designed to
provide treatment of the wastewater.
(75) Process Wastewater. Any wastewater contaminated by human
activities including but not limited to that originating from
manufacturing, agriculture, processing, rinsing, washing or
producing.
(76) Publicly Owned Treatment Works (POTW), A treatment works as
defined by section 212 of-the Act, (33 U.S.C. 1292) which is
owned in this instance by Encina Joint Powers and its member
agencies. This definition includes any sewers that convey
wastewater to the POTW treatment plant, but does not include
pipes, sewers, or other conveyances not connected to the
facility providing treatment. For the purposes of this
resolution, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside the Cities of
Carlshad and Vista, the Vallecitos Water District, the
Leucadia County Water District, the Buena Sanitation District,
and the Encinitas Sanitary District, who are, by contract or
agreement with said Cities and/or Districts, users of the
EWPCF.
(77) Requlator~ Agencies. Any or all agencies regulating EAA,
including but not limited to the EPA, the State Water
Resources Control Board, and the Regional Water Quality
Control Boards.
(78) Resource Conservation and RecoverY Rot (RCRA). Federal Public
Law (PL) 94-580, provides technical and financial assistance
for the development of plans and facilities for recovery of
energy and resources from discarded materials and for the safe
.. disposal of discarded materials and hazardous wastes. This
Act also regulates the generation, storage transportation and
- disposal of federally defined hazardous wastes from "cradle
to grave".
(79) Shall is mandatory; May is permissive.
(80) Significant Industrial User (SIU). A Significant Industrial
User includes:
a) All categorical users, and,
b) Any noncategorical user that
(1) Discharges 25,000 gallons per day or more of process
wastewaters (excluding sanitary, noncontact cooling
water, and boiler blowdown wastewaters), or
14
(2) Contributes a process wastestream which makes up
five (5) percent or more of the average dry weather
hydraulic or organic (BOD, SS) capacity of a
treatment plant, or
(3) Has a reasonable potential, in the opinion of the
EAA, to adversely affect the EWPCF.
(81) Significant Noncompliance {SNC). Significant Noncompliance
includes:
a) Chronic violations where sixty six percent or more of the
measurements exceeded the same daily maximum limit in a
6 month period. ..
b) Acute violations where thirty three percent or more of
the measurements exceed the same daily maximum limit or
the same average limit by more than the Technical Review
Criteria (TRC) in a 6 month period.
c) Failure to provide reports for compliance schedules,
self-monitoring data, or categorical standards (BMR, 90
day compliance reports, and periodic reports) within 30
days from the due date.
d) Any discharge that has caused imminent endangerment to
human health/welfare or to the environment and has
resulted in the EAA's exercise of its emergency authority
to halt or prevent such a discharge.
e) Any other violation(s) of an effluent limit (average or
daily maximum) that the EAA believes has caused, alone
6r in combination with other discharges, interference
(e.g. slug loads) or pass-through, or endangerment of
health of the wastewater treatment personnel or the
publ ic.
f) Violations of compliance schedule milestones, contained
in a local control mechanism or enforcement order, for
starting construction, completing construction, and
attaining final compliance by 90 days or more after the
schedule date.
g) Any other violations or group of violations that the EAA
considers to be significant.
(82) Significant Violation. A violation which remains uncorrected
for 45 days after notification of noncompliance; which is part
of a pattern of noncompliance over a twelve month period;
which involves a failure to accurately report noncompliance,
or; which resulted in the EAA exercising its emergency
authority under Section 403.8(f) (1) (vi) {B}.
(83) Sludge. Any solid, semi-solid or liquid decant, subnate or
superhate from a manufacturing process, utility service, or
pretreatment facility.
(84) Slug Load. A discharge that exceeds any limitation and
exceeds the usual user flow and/or pollutant loading.
(85) Solvent, Any substance that is used to dissolve another
substance in it.
(86) Spill Containment. An Agency approved protection system
installed by the permittee to prohibit the discharge to the
sewer of non-compatible pollutants.
(87'). State~ The State of California.
(88) 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, 1987, as amended and supplemented.
(89) Standard Methods, Procedures described in the current edition
of Standard Methods for the Examination of Water an~
Wastewater, as published by the American Public Health
Association, the American Water Works Association and Water
Pollution Control Federation.
(90) Storm Water. Any flow occurring during or following any form
of natural precipitation and resulting therefrom.
(91) State Water Resources Control Board {S~RCB). The California
agency with overall pretreatment program responsibility
through delegation agreements with the EPA.
(92) Technical Review Criteria (TRC) o An EPA term that defines the
magnitude of a limits violation. The TRC is calculated by
multiplying the daily average maximum limit by the applicable
TRC value (TRC=I.4 for BOD, TSS, fats, oils and grease, and
1.2 for all other pollutants except PH.)
(93) Teratogenic~ Any substance that tends to cause birth defects
after conception.
(94) Total Organic Carbon {TOC)~ The measure of total organic
carbon in domestic or other wastewater as determined by the
appropriate testing procedure.
(95) Total Suspended Solids {Tee), Any insoluble material
contained as a component of wastewater and capable of
separation from the liquid portion of said waste by the
appropriate testing procedures and expressed in terms of
milligrams per liter.
(96) Total Toxic Organics {TT0), The sum of the masses of
concentrations of specific toxic organic compounds in the
industrial users process discharge at a concentration greater
than 0.01 mS/1.
(97) Toxic Organic Management Plan {TOMP), A strategy for keeping
track of all solvents delivered to a site, their storage, use
and disposal. The plan will address the prevention of
discharge of toxic organics to any wastewater collection
system or the environment. The plan will address the control
of spills and leaks and also ensure against the deliberate
dumping of solvents.
(98) Toxic Pollutant. Any pollutant or combination of pollutants
listed as toxic in ordinance promulgated by the Administrator
of the EPA under the provisions of CWA Section 307(a) or other
Acts.
16
Those pollutants or combinations of pollutants, including
disease-causing agents, which after discharge and upon
exposure, ingestion, inhalation or assimilation into any
organism, either directly from the environment or indirectly
by ingestion through food chains, will, on the basis of
information available to the Administration of EPA, cause
death, disease, behavioral abno~alities, cancer, genetic
mutations, physiological malfunctions (including malfunctions
in reproduction) or physical deformations, in such organisms
or their offspring.
(99) UserL Any person who contributes, causes or allows the
contribution of wastewater to the EWPCF.
(100) Volatile. Natural (plant or animal origin) or synthetic
substances that are capable of being evaporated or changed to
a vapor at relatively low temperatures.
(101) WaSte. Sewage and any and all other waste substances, liquid,
solid, gaseous or radioactive, associated with human
habitation or of human or animal nature, including such wastes
placed within containers of whatever nature prior to and for
the purpose of disposal.
(102) Waste Manifest. The receipt which is retained by the
generator of hazardous wastes as required by the State and/or
the United States Government pursuant to RCRA, or the
California Hazardous Materials Act, or that receipt which is
retained by the generator for recyclable wastes or liquid non-
hazardous wastes as required by the Agency.
(103) Wastehauler, Any person carrying on or engaging in vehicular
transport of waste as part of, or incidental to, any business
for the purpose of discharging said waste into the Agency's
system.
(104) Wastewater, Waste and water, whether treated or untreated,
discharged into or permitted to enter a public sewer.
(105) Waters of %he 8tare. 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.
Words used in this Ordinance in the singular may include the plural
and the plural the singular. Use of masculine shall also mean
feminine and the use of feminine shall also mean masculine.
1.3 ABBREVIATIONS
BAT - Best Available Technology.
BMR - Baseline Monitoring Report.
BOD - Biochemical Oxygen Demand.
BPT - Best Practicable Technology.
CFR - Code of Federal Regulations.
COD - Chemical Oxygen Demand.
17
, DO - DIssolved Oxygen.
EA} - Enclna Administrative Agency.
ECSA - Enforcement Compliance Schedule Agreement.
EPA - Environmental Protection Agency.
EWPCF - Enctna Water Pollution Control Facility.
gpd - Gallons per day.
gpm - Gallons per minute.
IU - Industrial User.
' 1 - Liter.
LEL - Lower Explosive Limit.
mg - Nilligrams.
mg/1 - MIlligrams per liter.
MSDS - Material Safety Data Sheets. "
NPDES - National Pollutant Discharge Elimination System.
POTW - Publicly Owned Treatment Works.
PSES - Pretreatment Standards for Existing Sources.
PSNS - Pretreatment Standards for New Sources.
RCRA - Resource Conservation and Recovery Act.
SIC - Standard Industrial Classification.
SIU - Significant Industrial User.
SNC - Significant Non-Compliance.
SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901 et. seq.
SWRCB - State Water Resources Control Board.
TOC - Total Organic Carbon.
TRC - Technical Review Criteria.
TOMP - Toxic Organic Management Plan.
TSS - Total Suspended Solids.
TTO - Total Toxic Organics.
USC - United States Code.
1.4 AUTHORITY
The Agency is regulated by several agencies of the United States
Government and the State of California, pursuant to the provisions
of Federal and State Law. Federal and State Laws grant to the
Agency the authority to regulate and/or prohibit, by the adoption
of an ordinance, and by issuance of discharge permits, the
discharge of any waste, directly or indirectly, to the Agency
sewerage facilities. Said authority includes the right to
establish limits, conditions, and prohibitions; to establish flow
rates or prohibit flows discharged to the Agency sewerage
facilities; to require the development of compliance schedules for
the installation of equipment systems and materials by all users;
and to take all actions necessary to enforce its authority, whether
within or outside the Agencies boundaries, including those users
'that are tributary to the Agency or within areas for which the
Agency has contracted to provide sewerage services.
The Agency has the authority pursuant to California Health and
Safety Codes 5471 and 5474 to prescribe, revise, and collect all
fees and charges for services and facilities furnished by the
Agency either within or without its territorial limits.
1.5 DELEGATION OF AUTNORITY
Whenever any power is granted to or a duty is imposed upon the General
Manager, the power may be exercised or the duty may be performed by a
person authorized by the General Manager.
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~..6 ~IGNATORY REOUIREMENT~
Reports and permit applications required by this ordinance to comply
with Federal Regulations shall contain the following certification
statement|
"I have personally examined and am familiar with the information
submitted in the attached document, and I hereby certify under penalty
of law that this information was obtained in accordance with the Federal
Pretreatment Requirements. Moreover, based upon my inquiry of those
individuals immediately responsible for obtaining the information
reported herein, I believe that the submitted information is true,
.accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment."
The statement shall be signed by an authorized representative of the
industrial user as defined in 40 CFR 403.12(1)(1-4).
1.7 PERMIT TRANSFER PROHIBITIONS
Permits issued under this ordinance are for a specific user, for a
specific operation at a specific location or a specific wastehauler, may
not be transferred, sold or hypothecated and create no vested rights.
Discharge permits or their mass emission rates shall not be transferred
for an operation at a different location.
1.8 PERMIT - CHANGE OF OWNERSHI~
Upon the sale or transfer of ownership of any business operating under
a permit issued by the Agency, the permittee shall notify the Agency in
writing prior to the transfer. The successor owner shall ba required
to apply for a new permit within 15 days of the sale or transfer of
ownership in accordance with the provisions of this ordinance.
1.~ CONFIDENTIAL INFORMATION
All user information and data on file with the Agency shall be available
to the public and governmental agencies without restriction unless the
user specifically requests and is able to demonstrate to the satisfac-
tion of the Agency that the release of such infoi-~ation would divulge
infor~ation, pro~esses or methods which would be detrimental to the
user's competitive position. The demonstration of the need for
confidentiallY made b y the permittee must meet the burden necessary for
withholding such information from the general publie under applicable
State and Federal Law. Any such claim must be made at the time of
submittal of the information by marking the submittal "Confidential
Business Information" on each page containing such information.
Information which is demonstrated to ba confidential shall not be
transmitted to anyone other than a governmental agency without prior
notification to the user. Information concerning wastewater quality and
quantity will not be deemed confidential.
SECTION 2
REGULATIONS
2.1 pROHIBITED DISCHARGES
A. No person shall discharge a quantity or quality of wastewater
directly or indirectly to sewerage facilities owned by or
tributary to the Agency's sewerage system which causes, or is
capable of causing, either alone or by interaction with other
substances:
1. A fire or explosion;
2. Obstruction to the flow in the sewer system resulting in
interference or damage to the sewerage facilities;
3. Danger to life or safety of any person;
4. Impairment of the effective maintenance or operation of
the sewerage system;
5. The release of toxic or malodorous gas-producing
substances;
6. Interference with the wastewater treatment process;
7. The Agency's effluent or any other product of the
treatment process, residues, sludges or scums, to be
unsuitable for reclamation, reuse or disposal;
8. Discoloration, pass through, or any other condition which
affects the quality of the Agency's treatment works
effluent in such a manner that receiving water quality
requirements established by Regulatory Agencies cannot
be met;
9. Conditions which violate any statute or any rule,
regulation, or ordinance of any public agency or
RegulatoryAgency having Jurisdiction over the discharge
Of wastewater through the sanitary sewer system.
B. No person shall discharge wastewater or any substance
delivered by vehicular transport, rail car, or dedicated
pipeline directly or indirectly to the Agency's sewerage
facilities that is defined as a hazardous waste by the
Regulatory Agencies.
C. No person shall transport waste from one location or facility
to another for the purpose of treating or discharging it
directly or indirectly to a publicly owned sewer without
written permission from the Agency.
D. No user shall increase the contribution of flow, pollutants,
or change the nature of pollutants where such contribution or
change does not meet applicable standards and requirements or
where such contribution would cause the Agency to violate its
NPDES permit.
20
2.2 pROHIBITION ON DILUTION
No user shall increase the use of water or in any other
manner attempt to dilute a discharge as a partial or complete
substitute for treatment to achieve compliance with this
ordinance and the user's permit or to establish an artifi-
cially high flow rate for permit mass emission rates.
2.3 LIMITATIONS ON SURFACE RUNOFF AND GROUNDWATER
A. Groundwater, surface runoff, or subsurface drainage shall not
be discharged directly or indirectly to the Agency's sewerage ..
facilities except as provided heroin. Pursuant to the
Agency's Groundwater Discharge Policy, the Agency may approve
the discharge of such water only when no alternate method of
disposal is reasonably available and the discharge is
necessary to mitigate an environmental risk or health hazard.
All other Groundwater Policy discharge criteria must be met
prior to any groundwater discharge to the Agency's sewerage
system.
B. The discharge of such waters shall require a Groundwater
Discharge Permit from the Agency.
C. If a permit is granted for the discharge of such water into
a public sewer, the user shall pay the applicable charges
established and shall meet such other conditions as required
by the Agency.
2.4 LIMITATIONS ON UNPOLLUTED WATER
A. Unpolluted water, such as single pass cooling water, shall not
be discharged directly or indirectly to the Agency's sewerage
facilities except as provided heroin. Pursuant to Section
3.26, et seg., the Agency may approve the discharge of such
water only when no alternate method of disposal or reuse is
reasonably available and the discharge is necessary to
mitigate an environmental risk or health hazard.
B. The discharge of such waters shall require a Special Purpose
Discharge Permit from the Agency.
C. If a permit is granted for the discharge of such water into
-. a public sewer, the user shall pay any applicable charges
established and shall meet such other conditions as required
by the Agency.
2.5 LIMITATIONS ON RADIOACTIVE WASTES
No person shall discharge, or cause to be discharged, any radioac-
tive waste into a public sewer except:
A. When the person is authorized to use radioactive materials by
the State Department of Health or other governmental agency
empowered to regulate the use of radioactive materials;'
21
B. When the waste is discharged in strict conformity with current
" California Radiation Control Regulations (California Code of
Regulations, Title 17) for safe disposal;
C. When the person is in compliance with all rules and regula-
tions of all other applicable regulatory agencies; and,
D. When a Class II permit has been obtained from EAA.
2.6 LIMITATIONS ON THE USE OF GRINDERS
Waste from industrial or co~unercial grinders shall not be dis-
charged into a public sewer, except wastes generated in packing or
preparing food or food products. Such grinders must shred the
waste to a degree that all particles will be carried freely under
normal flow conditions prevailing in the public sewer.
2.7 LIMITATIONS ON POINT OF DISCHARGE
No person, except local sewering agencies involved in maintenance
functions of sanitary sewer facilities, shall discharge any
wastewater directly into a manhole or other opening in a sewer
other than through an approved building sewer, unless approved by
the Agency upon written application by the user and payment of any
applicable fees and charges established herein.
2.8 LIMITATIONS ON WASTEHAULER DISCH~a~GES
A wastehauler/user proposing to discharge septic tank, cesspool
wastes or other biodegradable or compatible material into the
Agency's facility must have both a valid San Diego County Health
Department Permit and an E~ Wastewater Discharge Permit as
required by Section 3.20. Such wastewaters shall be discharged
only at a location specified by the Agency.
No wastehauler/user shall discharge constituents in excess of those
specified in the respective permit based on the limits in Table I.
No wastehauler shall discharge to the Agency any material defined
as hazardous waste by RCRA or 40 CFR 261.
2.9 LIMITATIONS ON WASTEWATER STRENGTH AND CHARACTERISTICS
A. No person shall discharge wastewater in excess of the
permitted mass emission rates or limits as determined in
accordance with Section 2.10 and/or Table I.
B. No person shall discharge wastewater:
1. Having a temperature higher than 140 degrees Fahrenheit,
(60 degrees Centigrade), or which causes the temperature
at the treatment plant to exceed 104 degrees Fahrenheit
(40 degrees Centigrade).
2. Having a pH less than 5.5 or greater than 9.5.
22
3. Containing In excess of 0.01 mg/L of polychlorinated
" biphenyls as a daily maximum to include, but not limited
to the following| Aroclors 1016, 1221, 1228, 1232, 1242,
1248, 1254, 1260, and 1262.
4. Containing in excess of 0.01 mg/L of pesticides as a
daily maximum, to include, but not limited to the
following| DDT (dichlorodtphenyltrichloroethane, both
isomers), DDE (dichlorodiphenylethylene), DDD (dichloro-
diphenyldichloroethane), Aldrin, Benzene Hexachloride
(alpha [a], beta [~], and gamma isomers), Chlordane,
Endtin, Endtin aidehyde, 2,3,7,8 -tetrachlorodibenzo-p-
dioxin (TODD), toxaphene, a-endosulfan, ~-endosulfan,
Endosulfan sulfate, eptachlor, Heptachlor epoxide, and
Dieldrin.
5. Having waters or wastes which contain more than two
hundred rag/1 of freon extractable organic fat, oil or
grease, unless a discharge permit is obtained, subject
to Agency review.
6. Having waters or wastes having a Biochemical Oxygen
Demand (BOD) greater than three hundred mg/1 (considered
a typical BOD strength for residential users), unless a
discharge permit is obtained, subject to Agency review.
7. Having a maximum BOD greater than 10,000 lbs per day; or
exceeding a 30 day average of 7,000 lbs/day.
8. Having waters or wastes containing more than three
hundred mg/1 of Total Suspended Solids (TSS) (considered
a typical TSS for residential users), unless a discharge
permit is obtained, subject to Agency review.
9. Having a maximum TSS greater than 10,000 lbs per day; or
exceeding a 30 day average of 7,000 lbs/day.
10. Having waters or wastes containing Total Dissolved Solids
(TDS) greater than 1,500 mg/1, unless a discharge permit
is obtained, subject to Agency review.
11. Having waters or wastes containing inorganic oils,
including but not limited to motor oils, transmission
oils, hydraulic fluids, gear oil, and machining oils.
12. Any wastewater that causes a hazard to human 1]fe or
creates a public nuisance.
13. Containing excessive flow or other materials, including,
but not limited to, ammonia, chemical oxygen demand,
total organic carbon, priority pollutants (as established
by EPA), suspended solids, oil and grease of animal or
vegetable origin, total dissolved solids, and phenolic
compounds released in a discharge at a flow rate and/or
concentration which will cause' problems, pass through,
or interference with the sewerage facilities.
23
14. Producing a gaseous mixture that is 10% or greater of the
' " lower explosive limit (LEL). Prohibited materials
include, but are not limited to, gasoline, kerosenes,
naphtha, benzene, toluene, xylene, ethers, ketones, and
alcohols.
15. Containing material which will readily settle or cause
- an obstruction to flow in the sewer resulting in
interference, such as, but not limited to, sand, mud,
glass, metal filings, diatomaceous earth, asphalt, dead
animals, wood, bones, hair, and fleshings.
16. In violation of any applicable Federal Categorical
Pretreatment Standards, State standards or other local
regulations covering wastewater disposal.
When the General Manager determines that a User(s) is contributing
to the POTW any of the above enumerated substances in such amounts
as to interfere with the operation of the POTW, the General Manager
shall: 1) Advise the User(s) of the impact of the contribution on
the POTW; and 2) Take such action as deemed necessary to correct
the interference with the POTW.
2.10 FEDERAL CATEGORICAL PRETREATMENT STANDARDS
Upon the promulgation of the Federal Categorical Pretreatment
Standards for a particular industrial subcategory, the Federal
Standard, if more stringent than limitations imposed under this
resolution for sources in that subcategory, shall immediately
supersede the limitations imposed under this ordinance. The
General Manager shall notify all affected Users of the applicable
reporting requirements under 40 CFR, Section 403.12.
2.11 STATE REQUIREMENTS
State requirements and limitations on discharges shall apply in any
case where they are'more stringent than Federal requirements and
limitations or those in this ordinance. ,
2.12 MEMBER AGENCY REQUIREMENTS
Technically derived or otherwise defensible member agency limits
that are more stringent than Federal or State requirements and
limitations or those in this ordinance shall apply.
24
TABLE I
LOCAL DISCHARGE LIMITS · mg/1
CONSTITUENT MILLIGRAMS/LITER
Arsenic 1.00
Cadmium 0.50
Chromium (Total) 2.30
Copper 1.20
Lead 1.50
Mercury 0.10
Nickel 1.25
Silver 0.70
Zinc 3.50
Cyanide (Total) 1.00
Phenoltc Compounds 5.0
Polychlorinated Biphenyls 0.01
Pesticides 0.01
Total Toxic Organics 1.00
Oil and grease
organic 200
inorganic 100
pH 5.5-9.5
Temperature 140'F
TDS 1500
a: Subject to more stringent standards as established by
Federal Categorical Pretreatment Standards.
2.13 MASS EMISSION RATE DETERMINATION
A. Mass emission rates for non-compatible and/or compatible
pollutants that are present or anticipated in the user's
wastewater discharge may be set for each user and made an
applicable part of each user's permit. These rates shall be
based on Table I, Local Discharge Limits, or Federal Categori-
cal Pretreatment Standards, and the user's average daily
wastewater discharge for the past three years, the most recent
representative data, or other data acceptable to the Agency.
All mass emission rates must receive final approval by the
General Manager.
B. To verify the user's operating data, the Agency may require
a user to submit an inventory of all wastewater streams and/or
records indicating production rates.
C. The Agency may revise limits or mass emission rates previously
established in the discharger's permit at any time, based on:
current or anticipated operating data of the discharger or the
Agency; the Agency's ability to meet NPDES limits; or changes
in the requirements of Regulatory Agencies.
25
D.. The excess use of water to establish an artificially high flow
rate for mass emission rate determination is prohibited.
2.14 PROHIBITION ON INFECTIOUS WASTE
The Agency shall have the authority to require that any discharge
of an infectious waste to the sewer be rendered non-infectious
- prior to discharge if the infectious waste is deemed to pose a
threat to the public health and safety, or will result in any
violation of applicable waste discharge requirements.
2.15 LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL SOLUTIONS AND
SLUDGES
A. Spent solutions, sludges, and materials of quantity or quality
in violation of, or prohibited by this ordinance, or any
permit issued under this ordinance must be disposed of in a
legal manner at a legally acceptable point of disposal as
defined by the Agency or appropriate Regulatory Agency. All
waste manifests shall be retained for a minimum of three
years, and made available to the Agency upon request.
B. No person shall batch dump, except as allowed by permit.
2.16 AGENCY'S RIGHT OF REVISION
The Agency reserves the right to establish by resolution more
stringent limitations or requirements on dischargers to the
wastewater disposal system if deemed necessary to comply with the
objectives presented in SectiOn 1.1 of this ordinance.
,. SECTION 3
DISCHARGE PERMITS, CHARGES, AND FEES
3.1 INTRODUCTION
- A. To provide the maximum public benefit from the use of Agency
facilities, written authorization to use said facilities is
required. This written authorization shall be in the form of
a discharge permit. No vested right shall be given by
issuance of permits provided for in this ordinance.
B. The discharge permit shall be in one of six forms and is
dependent upon the type of discharger, volume, and charac-
teristics of discharge. The six discharge permits are:
1. Class I Wastewater Discharge Permit.
2. Class II Wastewater Discharge Permit.
3. Class III Wastewater Discharge Permit.
4. Wastewater Discharge Permit.
5. Special Purpose Discharge Permit.
6. Groundwater Discharge Permit.
C. Permit fees and any other associated fees may be collected by
member agencies in an amount adopted by member agency
resolution.
3.2 CLASS I WASTEWATER DISCHARGE PERMITS
A. For purposes of this ordinance, a Class I user is any user
subject to Federal Categorized Pretreatment Standards.
B. Class I wastewater discharge permits shall be expressly
subject to all provisions of this ordinance and all other
regulations, charges for use, and fees established by the
Agency.
C. All Class I users proposing to discharge into a public sewer
shall obtain a wastewater discharge permit by filing an
application pursuant to Section 3.3 before discharging.
3.3 CLASS I WASTEWATER DISCHARGE PERMIT APPLICATION
A. Users seeking a Class I wastewater discharge permit shall
complete and file with the Agency, prior to commencing
discharge, an application on the form prescribed by the
Agency. The user shall be required to submit, in units and
terms appropriate for evaluation, the following.information:
. 1. Name, address, assessor's parcel number(s), S.I.C.
' number(s), description of the manufacturing process or
service activity;
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Sections
of Incorporation; most recent Report of the Secretary of
State; Business License;
3. Volume of wastewater to be discharged;
4. Name of any responsible individual who can be served with
notices other than officers of corporation;
5. Name and address of property owner, landlord and/or
manager of the property;
6. Water supplier and water account numbers;
7. Wastewater constituents and characteristics as deemed
necessary by the Agency, including, but not limited to,
those mentioned in Section 2.12, Mass Emission Rate
Determination. Table I.Discharge Limits, of this
ordinance. These constituents and characteristics shall
be determined by a laboratory of the discharger approved
by the Agency (a new industrial source may use acceptable
estimates in lieu of laboratory analysis);
8. Time and duration of discharge;
9. Number of employees and average hours of work per
employee per day;
10. Waste minimization and water conservation practices;
11. Production records, if applicable;
12. Waste manifests, if applicable;
13. Landscaped area in square feet, if applicable;
14. Tons of cooling tower capacity, if applicable;
15. EPA Hazardous Waste Generator Number, if applicable.
B. Users may also be required to submit site plans, floor plans,
_ mechanical and plumbing plans, and details to show all sewers,
spill containment, clarifiers and appurtenances by size,
location and elevation for evaluation.
C. Other information may be required to properly evaluate the
permit application.
D. After evaluation of the data, the Agency may issue a was-
tewater discharge permit, subject to te~s and conditions set
forth in this ordinance and as otherwise determined by the
General Manager to be necessary to protect the Agency's
system.
28
3.~' CLASS I PERMIT CONDITIONS. AND LIMITATIONS
A Class I permit may contain any of the following conditions or
limitations:
A. Mass emission rates regulating non-compatible pollutants;
B. Limits on rate of discharge and time period restrictions of
discharge or requirements for flow regulation and
equalization;
C. Requirements to notify the Agency in writing prior to the
physical expansion of any wet processes;
D. Requirements for the user to construct and maintain, at his
own expense, pH control, flow monitoring and/or sampling
facilities;
E. Requirements for submission of technical reports, production
data, discharge reports, and/or waste manifests;
F. Requirements to self-monitor;
G. Requirements for maintaining a minim~m of three years, plant
records relating to wastewater discharge and waste manifests
as specified by Agency;
H. Actual or estimated rates or values for wastewater strength
characteristics;
I. Requirements to submit copies of water bills;
J. Other provisions which may be applicable to ensure compliance
with this ordinance;
K. Other terms and conditions determined by the General Manager
to be necessary to protect the Agency's system.
3.5 CLASS I TERMS AND CONDITIONS
A. The terms and conditions of an issued permit may be subject
to modification and change in the sole determination by the
Agency during the life of the permit based on:
1. The discharger's current or anticipated operating data.
2. The Agency's current or anticipated operating data.
3. Changes in the requirements of RequlatoryAgencies which
affect the Agency,
B. New source indirect dischargers shall be required to install
and start up any necessary pollution control equipment before
beginning discharge, and comply with applicable Federal
Categorical Pretreatment Standards not to exceed thirty (30)
days after the commencement of discharge.
29.
C. The permittee shall request a modification to the terms and
conditions of an issued permit prior to increasing the
contribution of flow, pollutants, or changing the nature of
pollutants where such contribution or change will cause the
permittee to be in violation of their permit or this ordina-
nce. The request shall be in writing stating the requested
change, and the reasons for the change. The Agency shall
review the request, make a determination on the request, and
respond in writing. The permittee's request may be approved
or denied.
D. Permittee shall be informed of any change in the permit
limitations, conditions, or requirements at least forty-five
(45) days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable
time schedule for compliance.
3.6 CLASS I PERMIT DURATION AND RENEWAL
Class I permits shall normally be issued for a period not to exceed
one (1) year. At least two months prior to expiration of the
permit, the user shall apply for renewal of the permit in
accordance with the provisions of this Section 3.
3.7 CLASS I WATER RECORDS
To determine actual annual water use the Agency normally requires
copies of actual water bills as a permit condition. If these water
bill copies are not received by July 31 of each year for the
12-month period ended closest to June 30, the Agency will endeavor
to obtain the correct water use data. There may be a fee levied
for Agency administrative costs when water use data are obtained
by the Agency.
3.8 CLASS II WASTEWATER DISCHARGE PERMITS
A. For purposes of this Ordinance, a Class II user includes:
1. All non-categorical significant users discharging
wastewater which may contain at any given time, any of
the components that the Agency determines necessary to
regulate as specified in Section 2.5, Limitations on
Radioactive Wastes; Section 2.9, Limitations on
Wastewater Strength and Characteristics, or Section 2.12,
Mass Emission Rate Determination. Table I, Local
Discharge Limits;
2. Any user discharging wastewater which may cause, as
determined by the General Manager, pass through or
interference with the Agency's system and that is not
otherwise ~equired to obtain a Class I permit.
B. Class II .wastewater discharge permits shall be expressly
subject to all provisions of this ordinance and all other
regulations, charges for use and fees established by the
Agency.
3O
C.'. All Class lI users proposing to discharge into a public sewer
'shall obtain a wastewater discharge permit by filing an
application pursuant to Section 3.9 before discharging.
3.9 CLASS II WASTEWATER DISCHARGE PERMIT APPLICATION
A. Users seeking a Class II wastewater discharge permit shall
complete and file with the Agency, prior to commencing
discharge, an application on the form prescribed by the
Agency. The user shall be required to submit, in units and
terms appropriate for evaluation, the following infoL~ation:
1. Name, address, assessor's parcel number(s) and S.I.C.
number(s); description of the manufacturing process or
service activity.
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of company; Sections
of Incorporation; most recent Report of the Secretary of
State; Business License;
3. Volume of wastewater to be discharged;
4. Name of any responsible individual who can be served with
notices other than officers of corporation;
5. Name and address of property owner, landlord and/or
manager of the property;
6. Water supplier and water account numbers;
7. Wastewater constituents and characteristics as deemed
necessary by the Agency, including, but not limited to,
those mentioned in Section 2.12, Mass Emission Rate
Determination. Table I, Discharge Limits of these
Ordinance. These constituents and characteristics shall
be determined by a laboratory of the discharger approved
by the Agency (a new industrial source may use acceptable
estimates in lieu of laboratory analysis);
8. Time and duration of discharge;
9. Number of employees and average hours of work per
employee per day;
10. Waste min~mization and water conservation practices.
11. Production records, if applicable;
12. Waste manifests, if applicable;
13. Landscaped area in square feet, if applicable;
.14. Tons of cooling tower capacity, if applicable;
15. EPA Hazardous Waste Generator Number, if applicable.
31
Users may also be required to submit site plans, floor plans,
mechanical and plumbing plans, and details to show all sewers,
spill containment, clarifiers, pretreatment systems, and
appurtenances by size, location and elevation for evaluation.
C. Other information may be required to properly evaluate the
permit application.
D. After evaluation of the data furnished, the Agency may issue
a wastewater discharge permit, subject to terms and conditions
set forth in this ordinance and as otherwise determined by
the General Manager to be necessary to protect the Agency's
system.
3.10 CLASS II PERMIT CONDITIONS AND LIMITATIONS
The issuance of a Class II permit may contain any of the following
conditions or limitations.
A. Limits on rate of discharge and time period restrictions of
discharge or requirements for flow ordinances and
equalization;
B. Requirements to notify the Agency in writing prior to the
physical expansion of any wet processes;
C. Requirements for the user to construct and maintain, at his
own expense, pH control, flow monitoring and/or sampling
facilities;
D. Requirements for submission of technical reports or discharge
reports and waste manifests;
E. Requirements to self-monitor;
F. Requirements for maintaining plant records relating to
wastewater discharge and waste manifests as specified by
Agency;
G. Predetermined rates or values for wastewater strength
characteristics;
H. Requirement to submit copies of water bills;
I. Other provisions which may be applicable to ensure compliance
with this ordinance;
J. Other terms and conditions determined by the General Manager
to be necessary to protect the Agency's system.
3.11 CLASS II TERMS AND CONDITIONS
A. The terms and conditions of an issued permit may be subject
to modification and change in the sole determination by the
Agency during the life of the permit based on:
1. The discharger's current or anticipated operating data.
32
2. The Agency's current or anticipated operating data.
3. Changes in the requirements of Regulatory Agencies.
B. The permittee shall request a modification to the terms and
conditions of an issued permit prior to increasing the
contribution of flow, pollutants, or changing the nature of
pollutants where such contribution or change will cause the
permittee to be in violation of their permit or this
ordinance. The request shall be in writing stating the
requested change, and the reasons for the change. The Agency
shall review the request, make a determination on the request,
and respond in writing. The permittee's approval may be
approved or denied.
C. Permittee shall be informed of any change in the permit
limitations, conditions, or requirements at least forty-five
(45) days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable
time schedule for compliance.
3.12 CLASS II PERMIT DURATION AND RENEWAL
Class II permits shall be issued for a period not to exceed two
(2) years. At least two months prior to expiration of the permit
the user shall apply for renewal of the permit in accordance with
the provisions of this Section 3.
3.13 CLASS IX WATER RECORDS
To determine actual annual water use the Agency normally requires
copies of actual water bills as a permit condition. If these water
bill copies are not received by July 31 of each year for the
12-month period ended closest to June 30, the Agency will endeavor
to obtain the correct water use data. There may be a fee levied
for Agency administrative costs when water use data are obtained
by the Agency.
3.14 CLASS III WASTEWATER DISCH~aGE PERMITS
A. For purposes of this Ordinance, a Class III user is any user:
1. Discharging waste other than domestic waste only;
2. Having a reasonable potential to adversely affect the
EWCF; and
3. Not required to obtain a Class I or Class II permit.
B. Class IXX wastewater discharge permits shall be expressly
subject to all provisions of this ordinance and all other
ordinances, charges for use and fees established by the
Agency.
C. All Class III users proposing to discharge into a public sewer
shall obtain a wastewater discharge permit by filing an
application pursuant to Section 3.15 before discharging.
33
3'..~5 CLASS III WASTEWATER DISCHARGE PERMIT APPLICATION
A. Users seeking a Class III wastewater discharge permit shall
complete and file with the Agency, prior to commencing
discharge, an application on the form prescribed by the
Agency. The user may be required to submit, in units and terms
appropriate for evaluation, the following information:
1. Name, address, assessor's parcel number(s), S.I.C.
number(s), description of the manufacturing process or
service activity;
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Sections
of Incorporation; most recent Report of the Secretary of
State; Business License;
3. Volume of wastewater to be discharged;
4. Name of any responsible individual who can be served with
notices other than officers of corporation;
5. Name and address of property owner, landlord and/or
manager of the property;
6. Water supplier and water account numbers;
7. Time and duration of discharge;
8. Waste minimization and water conservation practices.
9. Tons of cooling tower capacity, if applicable;
10. Number of employees and average hours of work per
employee per day; and
11. Landscaped area in square feet, if applicable.
B. Users may also be required to submit site plans, floor plans,
mechanical and plumbing plans and details to show all sewers,
spill containment, clarifiers, pretreatment systems, and
appurtenances by size, location and elevation for evaluation.
C. Other information may be required to properly evaluate the
permit application.
D. After evaluation and acceptance of the data furnished, the
Agency may issue a discharge permit, subject to terms and
conditions set forth in this ordinance and as otherwise
determined by the General Manager to be necessary to protect
the Agency's system.
3.16 CLASS IlI PERMIT CONDITIONS AND LIMITATIONS
The issuance of a Class III permit may contain any of the following
conditions or limitations:
34
. A... Limits on rate and time of discharge or requirements for flow
ordinance and equalization~
B. Requirements to notify the Agency in writing prior to the
physical expansion of any wet processes which impacts the
public sewer system.
' C. Requirements for the user to construct and maintain, at his
own expense, pH control, flow monitoring and/or sampling
facilities~
D. Requirements for submission of technical reports or discharge
reports and waste manifests~
E. Requirements to self-monitor~
F. Requirements for maintaining a minimum of three years, plant
records relating to wastewater discharge and waste manifests
as specified by Agency~
G. Predetermined rates or values for wastewater strength
characteristics~
Requirement to submit copies of water bills~
I. Other provisions which may be applicable to ensure compliance
with this ordinance~
J. Other terms and conditions determined by the General Manager
to be necessary to protect the Agency's system.
3.17 CLASS III TERMS AND CONDITIONS
A. The terms and conditions of an issued permit may be subject
to modification and change in the sole determination by the
Agency during the life of the permit based on:
1. The discharger's current or anticipated operating data.
2. The Agency's current or anticipated operating data.
3. Changes in the requirements of RegulatoryAgencies which
affect the Agency.
B. Permittee may request a modification to the terms and
conditions of an issued permit. The request shall be in
writing stating the requested change, and the reasons for the
change. The Agency shall review the request, make a deter-
mination on the request, and respond in writing.
C. Permittee shall be informed of any changes in the permit
limitations, conditions, or requirements at least forty-five
(45) days prior to the effective date of change. Any changes
or new conditions in' the permit shall include a reasonable
time schedule for compliance.
35 \
.3. ~. CLASS Ill PERMIT DURATION AND RENEWAL
Class III permits shall be issued for a period not to exceed three
(3) years. At least two months prior to expiration of the permit,
the user shall apply for renewal of the permit in accordance with
the provisions of this Section 3.
3.19 WASTEHAULER DISCHARGE PERMIT
A. Wastehauler discharge permits shall be expressly subject to
all provisions of this ordinance and all other regulations,
charges for use, and fees established by the Agency.
B. A wastehauler discharger proposing to discharge septic tank
waste to the Agency's sewage facilities (see Section 2.8
Limitations on Wastehauler Dlscharqes) shall obtain both a
wastehauler discharge permit and a valid County of San Diego
Health Department Permit, before discharging.
3.20 WASTEHAULER DISCHARGE PERMIT APPLICATION
A. Users seeking a wastehauler discharge permit shall complete
and file with the Agency prior to commencing discharge, an
application in a form prescribed by the Agency. The user
shall be required to submit, in units and terms appropriate
for evaluation, the following tnfoxmation:
1. Name, address, telephone number, and description of the
industries, or clients using the user's services;
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of the company;
Articles of Incorporation; most recent Report of the
Secretary of State; Business License;
3. Name and address of leaseholder of the vehicle or
trailer, if applicable;
4. Number of trucks and trailers and the license numbers and
tank hauling capacity of each.
5. County of San Diego Health Department Permit Number.
B. Other information may be required to properly evaluate the
permit application.
C. After evaluation of the data furnished, the Agency may issue
a wastehauler discharge permit, subject to terms and
conditions set forth in this ordinance and as otherwise
determined by the General Manager to be necessary to protect
the Agency's system.
36
3.2~ WASTEHAULER DISCHARGE PERMIT CONDITIONS AND LIMITATIONS
The issuance of a wastehauler permit may contain any of the
following conditions or limitations:
A. Limitations on discharge of heavy metals and other priority
pollutants.
B. Requirements for maintaining and submitting wastehauling
reoords and waste manifests.
C. Additional requirements as otherwise determined necessary by
the General Manager to protect the District's system or as
specified by other Regulatory Agencies.
3.22 TRANSFERABILITy
The wastehauler discharge permit is non-transferable.
The gate access card is issued to a specific permitted vehicle and
is non-transferable unless previously authorized in writing by the
Agency.
3.23 TERMS AND CONDITIONS
A. The terms and conditions of an issued permit may be subject
to modification and change in the sole discretion by the
Agency during the life of the permit based on:
1. The discharger's current or anticipated operating data.
2. The Agency's current or anticipated operating data.
3. Changes in the requirements of Regulatory Agencies.
B. Permittee may request a modification to the terms and
conditions of an issued permit. The request shall be in
writing stating the requested change, and the reasons for the
change. The Agency shall review the request, make a
determination on the request, and respond in writing.
C. Permittee shall be informed of any change in the permit
limitations, conditions, or requirements at least forty-five
(45) days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable
time schedule for compliance.
3.24 pERMIT DURATION AND RENEWAL
Wastehauler discharge permits shall be issued for a period not to
exceed one (1) year. Upon expiration of the pen. it, the user shall
apply for renewal of the permit in accordance with the provisions
of this Section 3.
37
31.2.5 WASTEHAULER DISCHARGE PERMIT CHARGE FOR USE
A charge for use to cover all costs of the Agency for providing the
disposal station service and monitoring shall be established by
resolution of the Board of Directors.
3.26 SPECIAL PURPOSE DISCHARGE PERMITS
A. Special purpose discharge permits shall be expressly subject
to all provisions of this ordinance and all other ordinances,
charges for use, and fees established by the Agency.
B. A special purpose user proposing to discharge septic tank
waste, surface runoff (including area drainage), subsurface
drainage, or unpolluted water directly or indirectly to the
Agency~s sewerage facilities (see Section 2.3, Limitations on
Surface Runoff and Groundwater, and Section 2.4, Limitations
on Unpolluted Water) shall obtain a special purpose discharge
permit before discharging. This discharge permit may be
granted when no alternative method of disposal is reasonably
available, and the discharge is necessary to mitigate an
environmental risk or health hazard.
3.27 SPECIAL PURPOSE DISCHARGE PERMIT APPLICATION
A. User seeking a special purpose wastewater permit shall
complete and file with the Agency, prior to commencing
discharge, an application in the form prescribed by the
Agency. This application shall be accompanied by any
applicable fees, plumbing plans, a detailed analysis of the
alternatives for water disposal, or other data as needed by
the Agency for review.
B. After evaluation of the data furnished, the Agency may issue
a special purpose wastewater discharge permit, subject to
terms and conditions set forth in this ordinance and as
otherwise determined by the General Manager to be necessary
to protect the Agencyts system, NPDES Permit criteria, sludge
management criteria, or the reuse potential of the water by
the Agency.
3.28 SPECIAL PURPOSE DISCHARGE PERMIT CONDITIONS AND LIMITATIONS
A. Discharge conditions and limitations shall be no less
stringent than Section 2.5, Limitations on Radioactive Wastes~
Section 2.9, Limitations on Wastewater Strength and Charac-
teristics; and Section 2.12, Mass Emission Rate Determination.
Table I. Local Discharge Limits.
B. The Agency may specify and make part of each Special Purpose
Discharge Permit specific pretreatment requirements or other
terms and conditions determined by the General Manager to be
necessary to protect the Agencyts Sewerage Facility, Local
Sewsring Agency, or to comply with Regulatory Agencies~
requirements and to assess user charges.
38
3.29 SPECIAL pURPOSE DISCHARGE PERMIT CHARGE FOR USE
A charge for use to cover all costs of the Agency for providing
sewerage service and monitoring shall be established by the General
Manager. A deposit determined by the General Manager to be
sufficient to pay the estimated charges for use may be required to
accompany the Special Purpose Discharge Permit application, and
said deposit, if any, shall be applied to the charges for use.
3.30 SPECIAL PURPOSE DISCHARGE TERMS AND CONDITIONS
A. The terms and conditions of an issued permit may be subject '.
to modification and change in the sole discretion of the
Agency during the life of the permit based on:
1. The discharger's current or anticipated operating data.
2. The Agency's current or anticipated operating data.
3. Changes in the requirements of Regulatory Agencies.
B. Permittee may request a modification to the terms and
conditions of an issued permit. The request shall be in
writing stating the requested change, and the reasons for the
change. The Agency shall review the request, make a deter-
mination on the request, and respond in writing.
C. Permittee shall be informed of any changes in the permit at
least forty-five (45) days prior to the effective date of
change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
3.31 SPECIAL PURPOSE DISCHARGE PERMIT DURATION AND RENEWAL
Special purpose discharge permits shall be issued for a period not
to exceed one (1) year, but may be renewed as determined by the
General Manager. Users seeking permit renewal shall comply with
all provisions of this Section 3.
3.32 GROUNDWATER DISCHARGE PERMITS
A. Groundwater wastewater discharge permits shall be expressly
subject to all provisions of the Resolution and all other
regulations, charges for use, and fees established by the
Agency. The conditions of wastewater discharge permits shall
be uniformly enforced by the Agency in accordance with this
ordinance and applicable State and Federal Regulations.
B. Requests to authorize the discharge of cleaned up groundwater
shall be approved by the EAA on a temporary and conditional
basis only, and only if the applicant (potential discharger)
has documented that (1) the applicant and the polluted
groundwater are within the Encina service area and within the
Jurisdiction of a member agency, (2) the applicant possesses
a legal connection to the sanitary sewer of a member agency,
39
· . (3) the member agency has adequate capacity to accept the
proposed flow, (4). there is no other economically and
technically feasible method to dispose of the proposed
discharge, (5) the technology and equipment used provide
adequate assurance that there will be no adverse impacts on
the EWPCF, its employees, or its discharges, and (6) the
applicant has adequate resources, and or insurance to fully
indemnify the EAAand the Encina Joint powers from any and all
claims and/or damages arising out of or in connection with the
proposed discharge.
3.33 GROUNDWATER DISCHARGE PERMIT APPLICATION
A. Applicants shall submit written requests to the member agency
in whose service area they are located.
B. The member agency shall require that the application include
all of the following:
1. Full address of the location of the site from which the
cleaned up groundwater is to be discharged,
2. The full name and address of the owner of the cleanup
site,
3. A detailed history of the discovery of the pollutant
and/or contaminants that resulted in cleanup being
required,
4. The approximate quantity, in gallons per day, that is
proposed to be discharged into the Encina Joint System,
5. Whether the groundwater has been or may be classified as
toxic or hazardous using the criteria established by
ordinance of the EPA, the State of California, and/or
the San Diego Regional Water Quality Control Board,
6. A detailed description of the pretreatment, if any,
required by the San Diego Regional Water Quality Control
Board.
7. A detailed description of the alternative considered,
including reasons why all other discharge alternatives
" were not pursued,
8. A detailed description of any pretreatment program
proposed to be established and implemented by the
applicant prior to discharge of any cleaned up ground-
water.
9. The full name and addresses of the employees and/or
i of applicant who will be responsible for the
off cers
pretreatment program of the applicant,
10. A site plan showing the layout of existing facilities,
extent of groundwater contamination, and location of
proposed cleanup wells and treatment facilities,
40
.11. The amount of any general liability and environmental
impairment liability insurance covering applicant at the
time the application is submitted, the inception and
expiration dates(s) of any general liability insurance
policy(s), whether such insurance policy excludes
coverage for damages resulting from discharge of
contaminated groundwater, the name and address of the
' insurance agent for applicant and the name and address
of the insurance company that issued the general
liability policy(s) that provide such insurance coverage
for the applicant, and,
12. The type of commercial, industrial, or other activity
that is being or has been operated or conducted at the
cleanup site.
C. The member agency shall review the application and determine
1. whether policy criteria i through 3 have been met, and
2. whether the member agency wishes to reject the applica-
tion or apply for authorization from the EAA.
D. If the member agency wishes to apply for authorization to
accept the discharge, the member agency shall submit a copy
of the application.
E. Applicants shall submit to EAA on forms prescribed by the
Agency all required information as part of the applicant's
written request.
F. Within forty-five (45) days after EAA receives a written
request by an applicant to discharge cleaned up groundwater
EAA staff will advise the applicant whether the request is
complete. If the application is incomplete or insufficient,
EAAstaff will notify the applicant in writing and will allow
the applicant thirty (30) days to furnish the additional
information. If at the end of thirty (30) days the applica-
tion is still incomplete, the application will be considered
withdrawn. Once the application is deemed complete, the EAA
will have one hundred and twenty (120) days to make a
decision. The member agency will be notified in writing of
the decision within ten (10) days following the decision.
G. EAA staff will review the completed application and prepare
a written recommendation to the EAA. If EAA staff recommends
- that the EAAauthorize the discharge, the recommendation will
include all conditions (monitoring, sampling, testing,
reporting, etc.) that EAA staff believes should be made part
of the authorization. If EAAstaff believes that the proposed
discharge will adversely affect Encina, a recommendation to
deny the request will be made.
H. EAAwill review the staff recommendation and determine whether
or not to authorize the member agency to accept the proposed
discharge. Any authorization from EAA will require that the
member agency include all the conditions approved by EAA in
any groundwater discharge permit issued by the member agency
to the applicant.
I. The following conditions will be included in all
authorizations made by EAA:
1. Authorization shall be non-transferable and shall be
given for no more than a year at a time.
2. Authorization renewals will be considered only if the
applicant submits a written request through the
appropriate member agency, describing any and all changes
in conditions since the original application was filed,
to the EAA at least sixty (60) days before the
authorization expires.
3. The member agency must require the applicant to allow an
EAArepresentative to inspect, monitor, and/or sample as
needed to ensure that no harm comes to the EWPCF, its
employees, or its discharge.
4. The member agency must require that the applicant pay EAA
costs associated with such tasks directly to the mentber
agency.
5. The member agency must require that the applicant have
an executed indemnity agreement with the member agency,
prior to initiating any discharge, that holds E~J%and the
Encina Joint Powers harmless from any and all costs,
claims and/or damages arising out of or in connection
with the discharge of the cleaned up groundwater. The
indemnity shall include all costs incurred by EAA in the
investigation and/or defense of any claims.
6. The member agency must require that the applicant either
maintain throughout the period of discharge general
liability or environmental impairment insurance coverage
covering all liability for damages resulting from the
discharge in an amount of not less than five million
dollars ($5,000,000) or have an uncommitted net worth of
five million dollars ($5,000,000) or more.
7. The member agency must require that the applicant stop
discharging within twenty-four (24) hours of notice from
the EAAor its General Manager.
J. None of the following types of discharges will be authorized:
1. Toxic and/or hazardous discharges.
2. Discharges that violate any federal, state, or local law,
regulation, or rule.
K. Requests for authorization renewal shall be reviewed and
considered in the same manner as original applications, except
that no processing fee shall be charged. Any testing
necessary to substantiate changed conditions shall be
conducted and charged directly to the applicant as allowed for
in Sections X(3) and (4).
42
,3.34. OUT OF SERVICE AREA PERMITS/DISCHARGERS
Industrial wastewater discharge permits for dischargers located
outside of the Agency's service area but tributary to the Agency's
sewerage facilities may be issued by a member agency after approval
by the Agency. The Agency shall have the right of inspection and
sampling of the user's discharge to determine compliance with
-- industrial waste discharge ordinances. Sampling and inspection
will be made under a coordinated plan developed with the local
agency. The more stringent of the industrial waste discharge
ordinances and effluent limitations of the Agency and the local
agency shall apply to the discharger.
Permit fees and any other associated fees may be collected by the
appropriate member agency in an amount adopted by member agency
resolution.
43
SECTION 4
FACILITIES REQUIREMENTS
4.1 PRETREATMENT FACILITIES
A. All users shall provide wastewater acceptable to the Agency,
under the limitations established herein before discharging
to any public sewer. Any facilities required to pretreat or
transport wastewater shall be provided and maintained by a
qualified operator and in proper operating condition at the
user's expense.
B. All users may also be required by the Agency to submit waste
analysis plans, contingency plans, and meet other necessary
requirements to ensure proper operation of the pretreatment
facilities and compliance with permit limits and this
ordinance.
C. No user shall increase the use of water or in any other manner
attempt to dilute a discharge as a partial or complete
substitute for treatment to achieve compliance with this
ordinance and the user's Permit.
4.2 SPILL CONTAINMENT FACILITIES
All users shall provide spill containment for protection against
discharge of prohibited materials or other wastes regulated by this
ordinance. Such protection shall be designed to secure the
discharges and to prevent them from entering into the system in
accordance with reasonable engineering standards. Such facilities
shall he provided and maintained at the user's expense.
4.3 MONITORING/METERING FACILITIES
A. Agency may require the user to construct and maintain in
proper operating condition at the user's sole expense, flow
monitoring, constituent monitoring and/or sampling facilities.
B. Any sample taken from a sample box or other representative
sampling location is considered to be representative of the
discharge to the public sewer.
C. Monitoring or metering facilities may be required to include
a security closure that can be locked with an Agency provided
hasp lock during sampling or upon termination of service.
D. Location of the monitoring or metering facilities shall be
subject to approval by the Agency.
E. Location of the monitoring or metering facilities shall
provide clear and uninterrupted access by the Agency.
4.4 DRAWING SUBMITTAL REQUIREMENTS
A. Detailed plans shall be submitted to the Agency for review of
existing or proposed construction of pretreatment facilities,
44
spill containment facilities, monitoring facilities, metering
facilities, and operating procedures. Agency approval shall
be received prior to commencement of construction. The review
of the plans and procedures shall in no way relieve the user
of the responsibility of modifying the facilities or
procedures in the future, as necessary, to meet the
requirements of this ordinance or any requirements of other
Regulatory Agencies.
B. Three copies of all drawings shall be submitted for review.
C. All drawings shall include:
1. North arrow;
2. Scale size;
3. User name and address;
4. Drawing name and drawing number;
5. Date drawn or revised;
6. Name of draftsman and name of person approving drawing.
D. The Agency may require drawings to scale depicting the
manufacturing process (waste generating sources) , spill
containment, pretreatment facilities, and/or
monitoring/metering facilities.
E. TheAgency may require a schematic drawing of the pretreatment
facilities.
F. The Agency may require the drawings be prepared by a
California Registered Chemical, Mechanical, or Civil Engineer.
4.5 WASTE MINIMIZATION REOUIREMENTS
User shall provide waste minimization plans to conserve water,
investigate product substitution, provide inventory control,
implement employee education, and take other steps as necessary to
minimize waste produced.
45
· SECTION 5
MONITORING,REPORTING,NOTIFICATION,& INSPECTION REQUIREMENTS
5.1 MONITORING FOR COMPLIANCE WITH PERMIT CONOITIONS OR REPORTING
BEOUIREMENTS
The Agency may require reports for self-monitoring of wastewater
constituents and characteristics of the discharger needed for
determining compliance with any limitation, or requirements as
specified in the user's permit, Federal Regulations, or this
ordinance. These reports include:
(1) Baseline Monitoring Reports (BMR)
(2) Compliance Schedule Progress Reports
(3) 90-Day Compliance Reports
(4) Periodic Reports on continued compliance
(5) Other reports as required by the Agency
Monitoring reports of the analyses of wastewater constituents and
characteristics shall be in a manner and form approved by the
Agency and shall be submitted upon request of the Agency. When
applicable, the self-monitoring requirement and frequency of
reporting shall be set forth in the user's permit. The analyses
of wastewater constituents and characteristics and the preparation
of the monitoring report shall be done at the sole expense of the
user. Failure by the user to perform any required monitoring
and/or to submit monitoring reports required by the Agency shall
be a violation of this ordinance, may result in a determination
that the permittee is in significant non-compliance, and be cause
for the Agency to initiate all necessary tasks and analyses to
determine the wastewater constituents and characteristics for any
limitations and requirements specified in the user's permit or in
this ordinance. The user shall be responsible for any and all
expenses of the Agency in undertaking such monitoring analyses and
preparation of reports.
5.2 INSPECTION AND SAMPLING CONDITIONS
A. The Agency may inspect and sample the wastewater generating
and disposal facilities of any user to ascertain whether the
intent of this ordinance is being met and the user is
complying with all requirements.
B. The Agency shall have the right to set up on the user's
property or other locations as determined by the Agency, such
devices as are necessary to conduct sampling or metering
operations. Where a user has security measures in force, the
user shall make necessary arrangements so that personnel from
the Agency will be permitted to enter without delay for the
purpose of performing their specific responsibilities.
C. In order for the Agency to determine the wastewater
characteristics of the discharger for purposes of determining
compliance with permit requirements, the user is required to
make available for inspection and copying by the Agency all
notices, self-monitoring reports, waste manifests, and records
including, but not limited to, those required in the Federal
46
.!
.. Pretreatment Requirements without restriction but subject to
the confidentiality provision set forth in Section 103 herein.
All records are to be kept a minimum of three (3) years.'
5.3 RIGHT OF ENTRY
Persons or occupants of premises where wastewater is created or
discharged shall allow the Agency, or its representatives,
reasonable access during the normal working day to all parts of the
wastewater generating and disposal facilities for the purposes of
inspection and sampling.
5.4 NOTIFICATION OF SPILL OR SLUG LOADING
A. In the event the discharger is unable to comply with any of
the permit conditions due to a breakdown of equipment,
accidents caused by human error or acts of God, or the
discharge will exceed the provisions of Section 2.9, the
discharger shall notify the Agency by immediately telephoning
as soon as the discharger has knowledge of the incident.
B. The discharger shall confirm this notification in writing as
soon as possible, but no later than five (5) working days from
the telephone notification. The written notification shall
state the date of the incident, the reasons for the discharge
or spill, what steps were taken to immediately correct the
problem, and what steps are being taken to prevent the problem
from recurring.
C. Such notification shall not relieve the user of any expense,
loss, damage or other liability which may be incurred as a
result of damage or loss to the Agency or any other damage or
loss to person or property; nor shall such notification
relieve the user of any fees or other liability which may be
imposed by this ordinance or other applicable law.
5.5 NOTIFICATION OF BYPASS
A. Bypass of industrial wastewater to the sewer is prohibited.
The Agency may take enforcement action against the user,
unless:
1. Bypass wasunavoidable to prevent loss of life, personal
injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such
as the use of auxiliary treatment facilities, retention
of untreatedwastes, or maintenance during normal periods
of equipment downtime. This condition is not satisfied
if adequate backup equipment should have been installed
in the exercise of reasonable engineering Judgment to
prevent a bypass which occurred during normal periods of
equipment downtime or preventative maintenance; and
3. The permittee submitted notices as required under Section
5.4.
47
.B.. If a permittee knows in advance of the need for a bypass, it
shall submit prior notice to the Agency, if possible at least
ten (10) days before the date of the bypass.
C. The Agency may approve an anticipated bypass after considering
its adverse effects, if the Agency determines that it will
meet the conditions listed in 5.5(A)(1-3).
D. A permittee shall submit oral notice of an unanticipated
bypass that exceeds their permitted discharge limitations, to
the Agency, immediately after the user has knowledge of the
bypass. A written report shall also be provided within five ..
(5) working days of the time the permittee becomes aware of
the bypass. The report shall contain a description of the
bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been cor-
rected, the anticipated time it is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent
recurrence of the bypass. Failure to submit oral notice or
written report may be grounds for permit revocation.
E. Such notification shall not relieve the user of any expense,
loss, damage, or other liability which may be incurred as a
result of damage or loss to the Agency or any other damage or
loss to person or property; nor shall such notification
relieve the user of any fees or other liability which may be
imposed by this ordinance or other applicable law.
48
SECTION 6
ENFORCEMENT
6.0 PURPOSE AND SCOPE
A. The EAA finds that in order for the Agency to comply with the
' laws, ordinances, and rules imposed upon it by Regulatory
Agencies and to ensure that the Agency's facilities and
treatment processes are protected and are able to operate with
the highest degree of efficiency, and to protect the public
health and environment, specific enforcement provisions must
be adopted to govern the discharges to the Agency's system by
industrial discharge permittees.
B. To ensure that all interested parties are afforded due process
of law and that non-compliance and violations are resolved as
soon as possible, the general policy of the Agency is that any
Notice of Correction, Enforcement Compliance Schedule
Agreement (ECSA), or RegulatoryCompliance Schedule Agreement
(RCSA) will be determined and made by the Technical Services
Director or the Source Control staff (Environmental Specialist
and Industrial Waste Control Representatives), with a right
of appeal by the permittee to the General Manager pursuant to
the procedures set forth in Section 6.16. A user, permittee,
or applicant for a permit may request the EAA to hear an
appeal on the General Manager's decision pursuant to Section
6.17. Such a request may be granted or denied by the Board
of Directors of the EAA. Any permit suspension or revocation
proposed by the Source Control staff will be heard and a
recommendation made to the General Manager by the Technical
Services Director or the Environmental Specialist or other
person designated by the General Manager with a right of
appeal of the General Manager's order by the permittee to the
Board of Directors of the EAA pursuant to the provisions of
Section 6.17. Actions and decisions by the Technical Services
Director or the Environmental Specialist are made pursuant to
a delegation of authority by the General Manager as authorized
by Section 1.5 of this ordinance.
C. Non-compliance fees as specified in Tables II and III may be
revised from time to time as adopted by the Board of Directors
of the EAA.
6.1 NON-COMPLIANCE WITH PERMIT CONDITIONS AND APPLICABLE FEES
A. Routine Sampling - Procedures
1. Routine sampling of all permittees shall be conducted in
the time, place, manner, and frequency determined at the
sole discretion of the Agency.
2. Non-compliance with mass emission rate limits, concentra-
tions, permit discharge conditions, and/or this ordinance
may be determined by an analysis of a grab or a composite
sample of the effluent of a permittee.
49
B.' Routine Sampling - Non-Compliance Fees
1. If routine sampling 'of the effluent of a permittee
reveals non-compliance by the permittee with the mass
emission rates or other conditions and limitations
specified in the permittee's discharge permit, or with
any provisions of this ordinance, then the permittee may
be required to pay fees to the Agency as specified in
' Section 6, Schedule A of Tables II and III. The purpose
of the non-compliance fees is to compensate the Agency
for additional costs of sampling, monitoring, laboratory
analysis, treatment, disposal, and administrative
processing incurred as a result of the non-compliance,
and shall be in addition to and not in lieu of any
penalties as may be assessed pursuant to Sections 6.15
and 6.16.
2. The non-compliance fees specified shall commence on the
date the sampling establishes non-compliance, and shall
continue to accumulate for each day continuing non-
compliance is verified by sampling.
50
TABLE II
FEES FOR NONeCOMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATE LIMITS
- Dollars Per Pound Per Day
in Excess of Limit,
Schedule Schedule Schedule
"A" "B" "C"
Arsenic $ 150.00 $ 300.00 $ 450.00
Cadmiu~ 1,500.00 3,000.00 4,500.00
Chromium (Total) 150.00 300.00 450.00
Copper 150.00 300.00 450.00
Lead 120.00 240.00 360.00
Mercury 150.00 300.00 450.00
Nickel 75.00 150.00 225.00
Silver 150.00 300.00 450.00
Zinc 75.00 150.00 225.00
Cyanide (Total) 75.00 150.00 225.00
PCB~s 10,000.00 20,000.00 30,000.00
Pesticides 10,000.00 20,000.00 30,000.00
Total Toxic Organics 150.00 300.00 450.00
Phenols 75.00 150.00 225.00
· There may be an additional administration fee, adopted
by the Board of Directors, to process each non-
compliance invoice.
51
TABLE III
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATE LIMITS
Dollars Per Hundred Pounds
Per Day in Excess of Limit,
Schedule Schedule Schedule
"A" "B" "C"
S.O.V. $ 15.00 $ 30.00 $ 45.00
Suspended Solids 15.00 30.00 45.00
Oil and Grease (Animal or
Vegetable Origin) 200.00 400.00 600.00
Oil and Grease (Mineral or
Petroleum Origin) 300.00 600.00 900.00
Total Dissolved Solids 20.00 40.00 60.00
Dollars Per Hour
In Excess of Limit*
pH Range Schedule "A" Schedule "B & C"
<1.5 $ 125.00 $ 165.00
1.6 - 2.5 100.00 130.00
2.6 - 3.5 75.00 100.00
3.6 - 4.5 50.00 65.00
4.6 - 5.5 25.00 35.00
9.6 - 10.5 25.00 35.00
10.6 - 11.5 50.00 65.00
11.6 - 12.5 75.00 100.00
- >12.5 100.00 130.00
Hourly pH non-compliance will be determined by pH
recording data or grab sample(s) or hourly composite
sample(s).
* There may be an additional administration fee, adopted
by the Board of Directors, to process each non-compliance
invoice.
52
.6.Z NOTICE OF CORRECTION
A. Grounds
In the event the Source Control staff determines that a permittee
has discharged in violation of any provision of this ordinance, or
the terms, conditions and limitations of its discharge permit, or
has not made payment of all amounts owed to the Agency for user
charges, non-compliance fees or any other fees, the General Manager
or his representative may issue a Notice of Correction, whereby the
permittee must comply with all directives, conditions and
requirements therein within the time prescribed.
B. Provisions
The issuance of a Notice of Correction may contain terms and
conditions including, but not limited to, installation of
pretreatment equipment and facilities, submittal of drawings or
technical reports, payment of fees, limits on rate and time of
discharge, or other provisions to ensure compliance with this
ordinance.
C. Notice of Correction - Non-Compliance Charges
If at any time while a Notice of Correction is in effect, a
permittee discharges wastewater to the Agency's sewerage system
which is not in compliance with the Notice of Correction, the
terms, conditions, or limitations specified in the permittee's
discharge permit, or with any provision of the ordinance, then the
permittee shall pay fees to the Agency as specified in Section 6,
Schedule B of Tables II and III of Section 6.1, and the permittee
may be assessed all other costs incurred during the sampling,
including labor, equipment, materials, and overhead.
D. Notice of Correction - Permit Suspension
If at any time while a Notice of Correction is in effect, a
permittee discharges wastewater to the Agency's sewerage system
which is not in compliance with the Notice of Correction, the
terms, conditions or limitations specified in the permittee's
discharge permit, or with any provision of this ordinance, the
permittee may be subject to permit suspension pursuant to the
provisions of Section 6.5 of this ordinance.
E. Notice of Correction - Expiration
A Notice of Correction issued by the General Manager or his
representative shall be in effect for a period not to exceed ninety
(90) days. Upon satisfactory compliance with the terms of the
Notice of Correction and expiration thereof, any fees to be
assessed due to subsequent non-compliance by Permittee shall be in
accordance with this ordinance, re-established at the rate set
forth in Section 6, Schedule A of Tables II and III. All
enforcement actions thereafter shall be based on applicable
provisions of this ordinance.
6.~ ENFORCEMENT COMPLIANCE SCHEDULE AGREEMENT {ECSA)
A. Grounds
Upon determination that a permittee is in non-compliance with the
terms, conditions or limitations specified in its permit or any
provision of this ordinance, and needs to construct and/or acquire
and install equipment related to pretreatment, the General Manager
may require the permittee to enter into an ECSA which will, upon
the effective date of the ECSA, amend the permittee's permit. The
ECSA shall contain the terms and conditions by which a permittee
must operate during its term and shall provide specific dates for
achieving compliance with each term and condition for construction
and/or acquisition and installation of required equipment related
to pretreatment.
An ECSA shall have a maximum term of one hundred-eighty (180) days,
and upon showing of good cause, including but not limited to
reasonable progress under the terms of the ECSA, it may be extended
by the General Manager for an additional period not to exceed one
hundred-eighty (180) days. No further extensions shall be granted
except upon approval of the Board of Directors of the EAA.
B. Provisions
The issuance of an ECSA may contain terms and conditions including
but not limited to requirements for self-monitoring, installation
of pretreatment equipment and facilities, submittal of drawings or
reports, operator certification, audit of waste minimization
practices, payment of fees, limits on rate and time of discharge,
deposit of performance ~uarantee, or other provisions to ensure
compliance with this ordinance.
C. ECSA - Payment of Amounts Owed
An ECSA shall not be approved by the Agency until such time as all
amounts owed to the Agency, including user fees, non-compliance
fees, deposits, or civil penalties are paid in full, or an
agreement for deferred payment secured by collateral or a third
party, is approved by the Agency. Failure to pay all amounts owed
to the Agency shall be grounds for permit suspension or permit
revocation as set forth in Section $.5 and 6.6.
D. ECSA - Non-Compliance Charges
If, during the term of an ECSA, sampling reveals non-compliance by
the permittee with the terms, conditions or limitations specified
in the ECSA, user's permit, or any provision of this ordinance,
the permittea may ba required to pay the fees as specified in
Section 6, Schedule B of Tables II and III, and may be assessed all
other costs incurred during the sampling, including labor,
equipment, materials, and overhead.
E. ECSA - Permit Suspension/Revocation
If compliance is not achieved in accordance with the terms and
conditions of an BCSA during its text, the General Manager may
54
issue an order suspending or revoking the discharge permit pursuant
t6 Section 6.5 or 6.6 of this ordinance.
F. ECSA - Expiration
If, following the expiration of an ECSA, sampling reveals
non-compliance by the permittee with the terms, conditions or
- limitations specified in the permit, or any provisions of this
ordinance, the permittee shall pay an amount based on the fees set
forth in Section 6, Schedule B of Tables II and III for each
violation.
If the permittee remains in consistent compliance for a two-year
period following ECSA expiration, then non-compliance fees shall
be assessed in accordance with Section 6, Schedule A, Tables II and
III. .All enforcement actions thereafter shall be based on
applicable provisions of this ordinance.
6.4 REGULATORY COMPLIANCE SCHEDULE AGREEMENT {RCSA)
A. Grounds
If at any time subsequent to the issuance of a wastewater discharge
permit to an industrial user, Federal Categorical Pretreatment
Standards are adopted or revised by the United States Environmental
Protection Agency, or in the event the Agency enacts revised
discharge limitations, the General Manager, upon determination that
an industrial user would not be in compliance with the future
limitations, may require the industrial user to enter into a ROSA
with the Agency under terms and conditions that would provide for
achieving compliance with all new standards by the industrial user
on a specific date. The ROSA shall have a maximum term of two
hundred-seventy (270) days.
B. Provisions
The issuance of a ROSA may contain terms and conditions including
but not limited to requirements for installation of pretreatment
equipment and facilities, submittal of drawings or reports, waste
minlmization practices or other provisions to ensure compliance
with this ordinance.
C. ROSA - Non-Compliance Charges
During the ~eriod said RCSA is in effect, any discharge by
permittee in violation of the RCSA may require payment of
non-compliance fees in accordance with Section 6, Schedule A of
Tables II and III.
D. ROSA - Expiration
Upon ROSA expiration, and in the event of non-compliance by
permittee, non-compliance fees shall be established in accordance
with Section 6, Schedule A of Tables II and III. All enforcement
actions thereafter shall be based on applicable provisions of this
ordinance.
55 I
6.5 PERHIT SUSPENSION
A. Grounds
The General Manager may suspend any permit when it is determined
that a permittee:
_ 1. Fails to comply with the terms and conditions of either
an ECSA or RCSA~
2. Knowingly provides a false statement, representation,
record, report, or other document to the Agency~
3. Refuses to provide records, reports, plans, or other
documents required by the Agency to determine permit
terms, conditions, or limitations, discharge compliance,
or compliance with this ordinance~
4. Falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or sample collection method~
5. Fails to report significant changes in operations or
wastewater constituents and characteristics~
6. Violated a Notice of Corrections
7. Refuses reasonable access to the permittee's premises for
the purpose of inspection and monitoring;
8. Does not make timely payments of all amounts owed to the
Agency for user charges, non-compliance fees, or any
other fees~
9. Discharges batch dumps to the Agency's sewerage system~
10. Violates any condition or limitation of its discharge
permit or any provision of the Agency's ordinance.
B. Notice/~earing
When the General Manager has reason to believe that grounds exist
for permit suspension, he shall give written notice thereof by
certified mail or personal delivery to the permittee setting forth
a statement of the facts and grounds deemed to exist, together with
the time and place where the charges shall be heard by the General
Manager's designee. Th{ hearing date shall be not less than
fifteen (15) calendar days nor more than forty-five (45) calendar
days after the mailing of such notice or its actual delivery if
personally delivered.
1. At the suspension hearing, the permittee shall have an
opportunity to respond to the allegations set forth in
the notice by presenting written or oral evidence. The
hearing shall be conducted in accordance with procedures
established by the General Manager and approved by the
Agencyts General Counsel.
56
. ., 2. After the conclusion of the hearing, the General Manager
or his designee shall prepare a written report setting
forth a brief statement of facts found to be true, a
determination of the issues presented and conclusions.
Copies of written evidence presented shall be appended
to the report.
- Based upon the written report, the General Manager shall make his
determination and should he find that grounds exist for suspension
of the permit, he shall issue his decision and order in writing
within thirty (30) calendar days after the conclusion of the
hearing. The written decision and order of the General Manager
shall be sent by certified mail to the permittee or its legal
counsel/representative at the permittee's business address.
C. Effect
1. Upon an order of suspension by the General Manager
becoming final, the permittee shall have no right to
discharge any industrial wastewater, directly or
indirectly to the Agency's system for the duration of the
suspension. All costs for physically terminating and
reinstating service shall be paid by the permittee.
2. ~y owner or responsible management employee of the
permittee shall be bound by the order of suspension.
3. An order of permit suspension issued by the General
Manager shall be deemed final upon delivery to the
permittee, unless appealed to the EAApursuant to Section
6.17.
6.6 PERMIT REVOCATION
A. Grounds
The General Manager may revoke any permit when it is determined
that a permittee:
1. Knowingly provides a false statement, representation,
record, report, or other document to the Agency;
2. Refuses to provide records, reports, plans, or other
documents required by the Agency to determine permit
terms, conditions, or limitations, discharge compliance,
or compliance with this ordinance;
3. Falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or sample collection method;
4. Fails to report significant changes in operations or
wastewater constituents and characteristics;
5. Fails to comply with the terms and conditions of an ECSA,
permit suspension, or probation order;
6. Discharges effluent to the Agency's sewerage system while
its permit is suspended;
57
. ., 7. Refuses reasonable access to the permittee's premises for
the purpose of inspection and monitoring;
8. Does not make timely payment of all amounts owed to the
Agency for user charges, non-compliance fees, or any
other fees;
- 9. Discharges a batch dump to the Agency's sewerage system;
10. Discharges effluent that causes pass through or
interference with the Agency's collection, treatment, or
disposal system;
11. Fails to submit oral notice or written report of spill
or bypass occurrence;
12. Violates any condition or limitation of its discharge
permit or any provision of the Agency's ordinance;
B. Notice/Hearing
When the General Manager has reason to believe that grounds exist
for the revocation of a permit, he shall give written notice by
certified mail thereof to the permittee setting forth a statement
of the facts and grounds deemed to exist together with the time and
place where the charges shall be heard by the General Manager's
designee. The hearing date shall be not less than fifteen (15)
calendar days nor more than forty-five (45) calendar days after
the mailing of such notice.
1. At the hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice by
presenting written or oral evidence. The revocation
hearing shall be conducted in accordance with the
procedures established by the General Manager and
approved by the Agency's General Counsel.
2. After the conclusion of the hearing, the General Manager
or his designee shall prepare a written report setting
forth a brief statement of facts found to be true, a
determination of the issues presented and conclusions.
Copies of written evidence presented shall be appended
to the report.
Based upon the written report, the General Nanager shall make his
determination and should he find that grounds exist for permanent
revocation of the permit, he shall issue his decision and order in
writing within thirty (30) calendar days after the conclusion of
the hearing. The written decision and order of the General Manager
shall be sent by certified mail to the permittee or its legal
counsel/representative at the permittee's business address.
In the event the General Manager determines to not revoke the
permit, he may order other enforcement actions, including, but not
limited to, a temporary suspension of the permit, under terms and
conditions that he'deems appropriate.
58
4C.~ Effect
1. Upon an order of revocation by the General Manager
becoming final, the permittee shall peLmanently lose all
rights to discharge any industrial wastewater directly
or indirectly to the Agency's system. All costs for
physical termination shall be paid by the permittee.
2. Any owner or responsible management employee of the
permittee shall be bound by the order of revocation.
3. Any future application for a permit at any location
within the Agency's Service Area by any person subject
to an order of revocation will be considered by the
Agency after fully reviewing the records of the revoked
permit, which records may be the basis for denial of a
· new permit.
4. An order of permit revocation issued by the General
Manager shall be deemed final upon delivery to the
permittee, unless appealed to the EAApursuant to Section
6.17.
6.7 WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
A wastehauler's non-compliance with permit requirements shall be
determined by an analysis of a sample of the discharge for any
constituent or conditions specified in the wastehauler's discharge
permit. If the discharge of a wastehauler is found by the
analysis to be in excess of the concentrations specified in the
wastehauler's discharge permit, the wastehauler shall, after
receiving a demand from the Agency, identify in writing, all
sources of the discharge.
If a discharge is from an industrial source(s) or if a discharge
is not made in the prescribed manner and at the prescribed
discharge point, the following shall apply:
A. First Violation
1. Permittee shall pay a non-compliance fee of Five Hundred
Dollars ($500.00).
2. The wastehauler permit for disposal privileges shall be
suspended for five (5) days.
' B. Second Violation
1. The permittee shall pay a non-compliance fee of One
Thousand Dollars ($1,000.00).
2. The wastehauler peL~it for disposal privileges shall be
suspended for thirty (30) days.
3. The wastehauler permit may be rev6ked in accordance with
Section 6.6.
59
· ~6.~' DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. When a discharge of wastes causes an obstruction,
interference, damage, or any other impairment to the Agency's
facilities or to the operation of those facilities, the Agency
may assess the costs against the discharger for the work
required to clean or repair the facility together with
expenses incurred to resume normal operations, and the
discharge shall be grounds for permit revocation. A service
charge of twenty-five percent (25%) of Agency's costs shall
be added to the costs and charges to rein~3urse the Agency for
miscellaneous overhead, including administrative personnel and
record keeping. The total amount shall be payable within
thirty (30) days of invoicing by the Agency.
B. If it can be shown that the discharge is the cause of the
Agency violating its discharge requirements established by any
Regulatory Agency or incurring additional expenses or
suffering losses or damage to the facilities, then that
discharger shall be responsible for any costs or expenses
incurred by the Agency, including regulatoryfines, penalties,
and assessments made by other agencies or a court.
6.9 INDUSTRIAL WASTE PASS THROUGH
If an industrial waste discharge results in a pass through event
affecting the Agency or its facilities, all costs associated with
the event, including treatment costs, regulatory fines, penalties,
assessments, and other indirect costs shall be levied against the
discharger. Furthermore, the discharger shall submit to the Agency
plans to prevent future recurrences to the satisfaction of the
Agency. A second occurrence shall be grounds for permit
revocation.
6.10 BATCH DUMPS
When the Agency determines that a user has discharged concentrated
pollutants to the sewerage system in a manner or method that is not
approved by the Agency, non-compliance fees shall be assessed as
set forth in Section 6, Schedule C in Tables II and III. In
addition, the user may be subject to permit suspension or permit
revocation in accordance with Section 6.5 and 6.6 as well as
additional legal enforcement remedies available to the Agency.
6.11 PUBLISHED NOTICES
In accordance with the requirements of Federal Law, the Agency
shall semi-annually cause to be published the names of all
industrial users in significant non-compliance~ Upon a minimum of
a thirty (30)-day notification to the permittee, said publication
shall be in the newspaper of the largest daily circulation
published in the Agency's service area.
6O
6.~2 TEPJ4INATION OF SERVICE
The Agency, by order of the General Manager, may physically
terminate sewerage service to any property as a term of any order
of suspension or revocation of a permit. All costs for physical
termination shall be paid by the permittee as well as all costs for
reinstating service.
6.13 EMERGENCY SUSPENSION
The Agency may, by order of the General Manager, suspend sewerage
service or wastehauler discharge service when such suspension is
necessary, in order to stop an actual or impending discharge which
presents or may present an imminent or substantial endangerment to
the health and welfare of persons, or to the environment, or may
cause interference to the Agencyts sewerage facilities, or may
cause the Agency to violate any State or Federal Law or Regulation.
An Emergency Suspension order is final and not appealable.
6.14 INJUNCTION
Notwithstanding any other provision of this ordinance, and in
addition to and as an alternative to any other procedure prescribed
herein, whenever a discharger of wastewater is in violation of or
may potentially violate the provisions of this ordinance, the
discharger's permit conditions, or any Federal Pretreatment
Standards or Requirements for dischargers, as set forth in 40 CFR
Section 403.8 et seq., or fails to submit required reports or
refuses to allow the Agency entry to inspect the premises, the
Agency may petition the Superior Court for the issuance of an
injunction to restrain the continued violation or to prevent
violations by the discharger and to seek such other or additional
remedies and civil penalties as may be authorized by law.
6.15 CIVIL PENALTIES
A. Authority
All users of the Agency's system and facilities are subject to
enforcement actions administratively or judicially by the Agency,
its members, U.S. EPA, State of California Regional Water Quality
Control Board, or the San Diego County District Attorney. Said
actions may be taken pursuant to the authority and provisions of
several laws, including but not limited to: (1) Federal Water
Pollution Control Act, commonly known as the Clean Water Act (33
U.S.C.A. Section 1251 et seg.); (2) California Porter-Cologne Water
Quality Act (California Water Code Section 13000 et seq.); (3)
California Hazardous Waste Control Law (California Health & Safety
Code Sections 25100 to 25250); and (4) Resource Conservation and
Recovery Act of 1976 (42 U.S.C.A Section 6901 et seq.).
B. Recovery of Fines or Penalties
In the event Agency is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or
enforcement agencies based on a violation of law or regulation or
its permits, and said violation can be established by Agency, as
caused by the discharge of any user of the Agency's system which
61
i~ in violation of any provision of the Agency's Resolution or the
· use'r's permit, Agency shall be entitled to recover from the user
all costs and expenses, including, but not limited to, the full
amount of said fines or penalties to which it has been subjected.
C. Regulations
_ Pursuant to the authority of California Government Code Sections
54739 - 54740, any person who violates any provision of this
ordinance; any permit condition, prohibition or effluent
limitation; or any suspension or revocation order shall be liable
civilly for a penalty not to exceed $6,000.00 for each day in which ..
such violation occurs. The General Counsel of the Agency, upon
order of the General Manager, shall petition the Superior Court to
impose, assess, and recover such penalties.
6.16 APPEALS TO GENERAL M/tNAGER
A. General
Any user, affected party, permit applicant or permittee affected
by any decision, action or determination made by the Technical
Services Director, the Environmental Specialist, or the Industrial
Waste Control Representatives may file with the General Manager a
written request for an appeal hearing. The request must be made
within fifteen (15) days of mailing of the staff's original
decision. The request for hearing shall set forth in detail all
facts supporting the appellant's request.
B. Notic~
The General Manager shall, within fifteen (15) days of receiving
the request for appeal, and pursuant to Section 1.5, designate a
Department Head or other person to hear the appeal and provide
written notice to the user of the hearing date, time and place.
The hearing date shall not be more than thirty (30) days from the
mailing of such notice by certified mail to the appellant unless
a later date is agreed to by the appellant. If the hearing is not
held within said time due to actions or inactions of the appellant,
then the staff decision shall be deemed final.
C. ~earing
At the hearing, the appellant shall have the opportunity to present
information supporting its position concerning the staff's original
decision, action or determination. The hearing shall be conducted
in accordance with procedures established by the General Manager
and approved by the Agency's General Counsel.
D. Written Determination
After the conclusion of the hearing, the Department Head shall
submit a written report to the General Manager setting forth a
brief statement of facts found to be true, a determination of the
issues presented, conclusions, and a recommendation whether to
uphold, modify or reverse the staff's original decision, action or
determination. Upon receipt of the written report, the General
Manager shall make his determination and shall issue his decision
an~ order within thirty (30) calendar days of the hearing by his
· deslgnee.. The written decision and order of the General Manager
shall be sent by certified mail to the appellant or its legal
counsel/representative at the appellant's business address.
The order of the General Manager shall be final in all respects
fifteen (15) days after it is mailed to the appellant unless a
request for hearing is filed with the EAApursuant to Section 6.17.
6.17 APPEALS TO THE BOARD OF DIRECTORS
A. General
If the General Manager's order is adverse to the user, affected
party, permit applicant, or permittee, the permittee may, prior to
the date that the General Manager's order becomes final, file a
written request for hearing to the Board of Directors of the EAA
accompanied by an appeal fee in an amount established by a
resolution of the Agenoy's Board of Directors. The request for
hearing shall set forth in detail all the issues in dispute for
which the appellant seeks determination and all facts supporting
appellant's request.
No later than sixty (60) days after receipt of the request for
hearing, the EAAshall either set the matter for a hearing, or deny
the request for a hearing.
The EAA shall grant all requests for a hearing on appeals
concerning permit suspension or revocation. Whether to grant or
deny the request for a hearing on appeals of other final decisions
of the General Manager shall be the sole discretion of the Board
of Directors of the EAA.
The appeal fee shall be refunded if the Board of Directors of the
EAA denies a hearing or reverses or modifies the order of the
General Manager. The fee is not refunded if the Board of Directors
of the EAAdenies the appeal.
A hearing shall be held by the Board of Directors of the EAAwithin
sixty-five (65) days from the date of determination granting a
hearing, unless a later date is agreed to by the permittee and the
Board of Directors of the EAA. If the matter is not heard within
the required time, due to actions or inactions of the appellant,
the General Manager's order shall be deemed final.
B. Notice
The Board Secretary shall, within fifteen (15) days of the Board
of Director's determination, provide written notice to the
appellant by certified mail of the hearing date, time, and place,
or the denial. If a hearing is denied, the General Manager's
decision shall be final fifteen (15) days after the date such
notice is mailed.'
C. Hearing
All matters of appeal by a permittee under this Section shall be
referred to the Board of Directors of the EAA.
'A~ [fie hearing, the appellant shall have the opportunity to present
written or oral evidence supporting its position concerning the
original decision, action or determination, in accordance with
adopted Rules of Procedure of the Board of Directors.
D. Written Determination
After the hearing, the Board of Directors of the EAA shall make a
determination whether to uphold, modify, or reverse the staff's
original decision, action, or determination as ordered by the
General Manager.
The decision of the Board of Directors of the EAA shall be set
forth in writing within sixty-five (65) days after the close of the
hearing and shall contain a finding of the facts found to be true,
the determination of issues presented, and the conclusions. The
written decision and order of the Board of Directors of the EAA
shall be sent by certified mail to the appellant or its legal
counsel/representative at the appellant's business address.
The order of the Board of Directors of the EAA shall be final upon
its adoption. In the event the Board of Directors of the EAA fails
to reverse or modify the General Manager's order, it shall be
deemed affirmed.
6.18 APPEAL OF CHARGES AND FEES
Any user, affected party, peLmit applicant, or permittee affected
by any decision, action, or determination by the Agency staff,
relating to fiscal issues, including but not limited to the
imposition and collection of fees, such as pretreatment permit
charges, special purpose discharge use charges and wastehauler
fees, but excluding sewer use charges and non-compliance fees set
forth in Section 6, may file an appeal which shall be heard by the
Board of Directors of the EAA.
All appeals under this Section 6.18 shall be conducted by the Board
of Directors of the EAA in the same manner and under the same rules
as set forth in Section 6.17 A through D, inclusive, above.
6.19 PAYMENT OF CHARGES
A. Except as otherwise provided, all fees, charges and penalties
established by this ordinance are due and payable upon receipt
of notice thereof. All such amounts are delinquent if unpaid
thirty (30) days after date of invoice.
B. Any charge that becomes delinquent shall have added to it a
penalty in accordance with the following:
1. Thirty-one (31) days after date of invoice, a penalty of
ten percent (10%) of the base invoice amount, not to
exceed a maximum of $1,000.00.
2. Sixty (60) days after date of invoice, a total penalty
of tem percent (10%) of the base invoice amount, not to
exceed a maximum of $4,000.00.
64
'~.°' Any invoice outstanding and unpaid after ninety (90) days
shall be cause for immediate initiation of permit revocation
proceedings or immediate suspension of the permit.
D. Penalties charged under this Section shall not accrue to those
invoices successfully appealed, provided the Agency receives
written notification of said appeal prior to the payment due
date.
E. Payment of disputed charges is still required by the due date
during Agency review of any appeal submitted by permittees.
6.20 COLLECTION
Collection of delinquent accounts shall be in accordance with the
Agency~s procedures for collection of delinquent obligations owed
to the Agency. Any action for collection may include an
application for an injunction to prevent repeated and recurring
violations of this ordinance.
6.21 RECOVERY OF COSTS INCURRED BY AGENCY
In the event permittee fails to comply with any of the terms and
conditions of the Agency's ordinance, a Notice of. Correction, a
permit suspension or revocation, an ECSA or a-permit issued
hereunder, the Agency shall be entitled to reasonable attorney~s
fees and costs which may be incurred in~ order to enforce any of
said terms and conditions, with or withBut filing proceedings in
court.
6.22 FINANCIAL SECURITY/AMENDMENTS TO PERMIT
A. Compliance Deposit
Permittees that have been subject to enforcement as in sections
6.2-6.10 and/or collection proceedings may be required to deposit
with the Agency an amount determined by the General Manager as
necessary to guarantee payment to Agency of all charges, fees,
penalties,'costs and expenses that may be incurred in the future,
before permission is granted for further discharge to the sewer.
B. Delinquent Accounts
The Agency may require an amendment to the permit of any permittee
who fails to make l~yment in full of all fees and charges assessed
by the Agency, including reconciliation amounts, delinquency
penalties, and other costs or fees incurred by Permittee.
C. Bankruptcy
Every Permittee filing any legal action in any court of competent
Jurisdiction, including the United States Bankruptcy Court, for
purposes of discharging its financial debts or obligations or
seeking court-orderei, protection from its creditors, shall, within
ten (10) days of filing such action, apply for and obtain the
issuance of an amendment to the permit by the Agency.
D~ permit Amendments
The Agency shall review and examine Permittee's account to
determine whether previously incurred fees and charges have been
paid in accordance with time requirements prescribed by this
ordinance. Agency may thereafter issue an amendment to the User's
permit in accordance with the provisions of Section 3 and Section
6.22(E) of this ordinance.
E. Security
An amendment to a waste discharge permit issued pursuant to
Sections 6.22(B), (C), and (D), may be conditioned upon the
Permittee depositing financial security in an amount equal to the
average total fees and charges for two (2) calendar quarters during
the preceding year. Said deposit shall be used to guarantee
payment of all fees and charges incurred for future services and
facilities furnished by Agency and shall not be used by the Agency
to recover outstanding fees and charges incurred prior to the
Permlttee filing and receiving protection from creditors in the
United States Bankruptcy Court.
F. Return of Security
In the event the Permittee makes payment in full within the time
prescribeu Dy this ordinance of all fees and charges incurred over
a period of two (2) years following the issuance of an amendment
'no the permit pursuant to Sections 6.22(B), (C), and (D), the
~gency shall either return the security deposit posted by the
Permittee or credit the Permittee's account.
6.23 JUDICIAL REVIEW
A. Purpose and Effect
Pursuant to Section 1094.6 of the California Code of Civil
Procedure, the Agency hereby enacts this part to limit to ninety
(90) days following final decisions in adJudicatoryadministrative
hearings the time within which an action can be brought to review
such decisions by means of administrative mandamus.
B. Definitions
As used in this Section, the following terms and words shall have
the following meanings:
1. Decision shall mean and include adJudicatory
administrative decisions that are made after hearing, or
after revoking, suspending, or denying an application for
a permit or a license;
2. Complete Record shall mean and include the transcript of
the proceedings, all pleadlugs, all notices and orders,
any proposed decision by the General Manager, the final
decision, all admitted exhibits, all rejected exhibits
in thepossession of the Agency or its offices or agents,
all written evidence, and any other papers in the case;
· .., 3. Party shall mean a person whose permit has been denied,
suspended, or revoked.
C. Time Limit for Judicial Review
Judicial review of any decision of the Agency or its officer or
agent may be made pursuant to Section 1094.5 of the Code of Civil
- Procedure only if the petition for writ of mandate is filed not
later than the ninetieth (90th) day following the date on which the
decision becomes final. If there is no provision for reconsider-
ation in the procedures governing the proceedings, the decision is
final on the date it is made. If there is provision for recon-
sideration, the decision is final upon the expiration of the period
during which such reconsideration can be sought; provided that if
reconsideration is sought pursuant to such provision the decision
is final for the purposes of this Section on the date that recon-
sideration is rejected.
D. Preparation of the Record
The complete record of the proceedings shall be prepared by the
Agency officer or agent who made the decision and shall be
delivered to the petitioner within ninety (90) days after he has
filed written request therefor. The Agency may recover from the
petitioner its actual costs for transcribing or otherwise preparing
the record.
E. Extension
If the petitioner files a request for the record within ten (10)
days after the date the decision becomes final, the time within
which a petition, pursuant to Section 1094.5 of the Code of Civil
Procedure, may be filed shall be extended to not later than the
thirtieth (30th} day following the date on which the record is
either personally delivered or mailed to the petitioner or the
petitioner's attorney of record, if appropriate.
F. ~otice
In making a final decision, the Agency shall provide notice to the
party that the time within which judicial review must be sought is
governed by Section 1094.6 of the Code of Civil Procedure.
SECTION 7
SEVERABILITY
7.1 SEVERABILITY
If any provision of this ordinance or the application to any or
circumstances is held invalid, the remainder of the ordinance or
the application of such provision to other persons or other
circumstances shall not be affected.
68
SECTION 8
(RESERVED)
mmm
SECTION 9
9.1 EFFECTIVE DATE
The effective date of this ordinance shall be May 26, 1990.
70
, · ,, ENCINA ADMINISTRATIVE AGENCY
ENFORCEMENT MODEL
Violation of Limitation(s)
EMERGENCY
YES NO
PROBABLE EWCPF' UPSET? Immediate Verbal/Written
Notification - Resample
Reinspection
YES NO CONTINUED VIOLATION?
Verbal Emergency Emergency Suspension
Suspension Order Notice of Correction
-Physical Termin- Enforcement Compliance YES NO
ation of Service Schedule Agreement
(ECSA)
Warning Letter Written
] Resample - Notifi-
Reinspection cation -
Issue Notice Report
LONG TERM ACTIONS of Correction Filed
Show Cause Hearing CONTINUED VIOLATION?
Enforcement Compliance Schedule
Agreement (ECSA) YES NO
Regulatory Compliance Schedule ~
Agreement (RCSA)
Consent Decree
Civil Penalties Show Cause Meeting Meeting(s)
Criminal Penalties - ECSA or RCSA to Discuss
Termination of Service Resample - Rein- Violation(s)
spection - Report
Filed
CONTINUED VIOLATION?
YES NO
Suspend Permit Return to Routine
Revoke Permit Monitoring -
Civil Penalties Report Filed
Criminal Penalties
Te~minate Service
PROCEDURES FOR OBTAINING AN INDUSTRIAL WASTEWATER
DISCHARGE PERMIT IN THE ENCINA SERVICE AREA
Ref:8421
.1.1 WHERE TO START
The Encina Administrative Agency (EAA) operates the Enclna
Water Pollution Control Facility (EWPCF), which serves six
member agencies: the City of Carlshad, the Buena Sanitation
District, the Encinitas Sanitary District, the Leucadia County
Water District, the Vallecttos Water District, and the City
of Vista. The industrial pretreatment program permitting
process begins with one of the member agencies listed above.
The first step~in the permitting process is to contact the
appropriate member agency as follows:
City of Carlsbad
Contact the City of Carlsbad Engineering Department
located at 2075 Las Palmas Drive, Carlsbad, to obtain
guidance, appropriate forms, and other information. City
personnel will check to see if your business enterprise
is on the Encina Exempt List (Appendix A). You may
telephone (619) 438-1161 for assistance.
Buena Sanitation District
Contact the County of San Diego Department of Public
Works located at 5454 Ruffin Road, San Diego, 92123-1295.
Forms and information may be obtained by either visiting
the Public Works office or by telephoning (619) 694-3649
or 694-2122. County personnel will advise you if your
business enterprise is exempt from permitting (see
Appendix A).
Encinitas Sanitary District
Contact the City of Encinitas Engineering Department
located at 527 Encinitas Blvd., Encinitas, or by
telephonlng (619) 944-5079, for guidance, forms, and
assistance. City personnel will check the Enctna Exempt
List (Appendix A) to see if your business enterprise is
required to obtain a wastewater discharge permit.
Leucadia County Water District
Contact the Leucadia County Water District (LCWD) located
at 1960 La Costa Avenue, Carlsbad, or by telephoning
(619) 753-0155, for guidance, forms, and assistance.
LCWD personnel will check the Encina Exempt List
(Appendix A) to determine if your business enterprise may
require a wastewater discharge permit.
Ref| 8421.1
Vallecitos Water District
Contact the Vallecitos Water District (VWD)
administrative office located at 788 San Marcos Blvd.,
San Marcos, or by telephoning (619) 744-4550, for
guidance, forms and assistance- VWD personnel will check
the Encina Exempt List (Appendix A) to determine if your
business activity requires a wastewater discharge permit.
City of Vista
Contact the City of Vista Engineering (Sanitation)
Department located at 600 Eucalyptus Ave., Vista, or by
telephoning (619) 726-1340, and asking for Sanitation
personnel to provide forms and assistance. City
personnel will check the Encina Exempt List (appendix A)
to determine if your business enterprise requires a
wastewater discharge permit.
1.2 DETAILED PROCEDURE8
EAA is required to cosign all permits in the Encina service
area, which again encompasses all of the member agencies
listed above as well as some tributary areas outside the
service area boundaries. Because of the cosigning
requirement, certain steps must be followed in the permitting
process. Since EAA is an integral part of the permitting
process, technical questions might best be directed to EAA
Source Control Program personnel located at 6200 Avenida
Encinas, Carlshad, 92009-0170 or by telephoning (619) 438-
3941. Now, once you have contacted the appropriate member
agency for forms and assistance, the sequential steps as
presented here will be followed:
1) Return the completed forms to the member agency.
2) The member agency will transmit the wastewater discharge
permit application forms to EAA for processing.
3) EAA Source Control Program personnel will review the
permit application forms and may either sign the permit
or request additional information directly from the
applicant.
4) Once EAAsigns the permit application it will be returned
to the appropriate member agency for issuance and
collection of permit fees, if any.
Ref: 8421.3
Wastehauler Discharge Permit
A Wastehauler Permit is issued for those users that
transport septage directly to the EWPCF for discharge.
Permittees must also obtain a valid County of San Diego
Mealth Department Permit before discharging to the EWPCF.
Permits are issued for a one year period.
Special Purpose Permit
The Special Purpose Permit is issued for those users
approved by the member agency and EAA to discharge
certain wastewaters on a temporary and conditional basis
only. Permittees must meet all applicable regulations,
standards, and limitations.
Groundwater Permit "
A Groundwater Permit is issued for those users approved
by the member agency and EAA to discharge certain
wastewaters of ground origin. The groundwater permit is
issued conditionally and for a maximum period of one year
per permit. Permittees must meet all applicable
regulations, standards and limitations.
1.4. COMPLETING THE APPLICATION FORM(8)
There are four standard permit application fo~ types for the
six wastewater discharge permit types. The "long" form with
eight parts (A through G) is used for Class I and Class II
dischargers. The "short" form with four parts (A through 2D)
is used for Class III and Special Purpose permits. The
Wastehauler permit application is a one page permit form. The
Groundwater Permit is a five part form (A through E) developed
exclusively for wastewaters of ground origin.
Using the proper form to match the user classification is
vital to expediting the permit issuance process. Wastewater
discharge applications received on improper forms may delay
permitting until resubmittal on the correct forms.
On the reverse side of each permit application part there will
be found detailed instructions regarding each item on the
permit application form. If the 'instructions are not clear
enough, then call for assistance rather than take the chance
that the infok~ation that you provide might be correct. As
stated earlier, the submittal of incorrect or incomplete
Ref: 842~.4
information will result in delays in permit issuance. You may
call either the local member agency or EAA depending on the
nature of the question. Technical questions might best be
directed to EAASource Control staff at 438-3941.
ABOUT YOUR PERMIT
The member agency will issue the cosigned wastewater discharge
permit to you. Please note the attached permit conditions
with your permit. The permit conditions clearly define
discharge prohibitions, limitations, and your legal
obligations. Non-compliance with any permit condition or with
any pretreatment regulation may result in enforcement. Upon
issuance of your wastewater discharge permit the member agency
may require payment of permit fees and/or other associated
fees.
The wastewater discharge permit is required to be posted in
a prominent place where facility employees can read it.
Each wastewater discharge permit will have the permit duration
shown on it. Class I permits will be issued for one year
only. Class II permits will be issued for a two year period.
Class III permits are issued for a three year period.
Wastehauler permits are issued for a one year period. Special
purpose permits will be issued for a limited time period not
to exceed one year. Groundwater permits are issued for one
year per permit or less.
Permits issued are for a specific user, for a specific
operation at a specific location or a specific wastehauler,
may not be transferred, sold or hypothecated and create no
vested rights.