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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. 18 ~..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.