Ord 0065 03/1983469
ORDINANCE NO. 65 INDEX
PREAMBLE
ARTICLE I PURPOSE AND POLICY Page 1
ARTICLE II DEFINITIONS Page 2
ARTICLE III USE OF PUBLIC SEWERS REQUIRED Page 5
Section 1 Unlawful Deposits on Property Page 5
Section 2 Unlawful Discharges to Natural Outlets Page 5
ARTICLE IV BUILDING SEWERS AND CONNECTIONS Page 5
Section 1 Unauthorized Use Page 5
Section 2 Connection Rules and Regulations Page 5
Section 3 Classes of Sewer Permits Page 6
Section 4 Building Sewer Installation Page 6
ARTICLE V USE OF PUBLIC SEWERS Page 7
Section 1 Discharge of Non -Sewage Waters Page 7
Section 2 Discharge of Sanitary Sewage Page 7
Section 3 Discharge of Water Softener Brine Prohibited Page 7
Section 4 Industrial Waste Option Page 7
Section 5 Permit Required Page 8
Section 6 Entry Upon Premises; Inspection and Testing Page 8
Section 7 Control Manhole Installation Page 8
Section 8 Measurement, Test, Analysis Page 8
Section 9 Special Agreement Page 9
ARTICLE VI INDUSTRIAL WASTE DISCHARGE PERMITS Page 9
Section 1 Discharge of Industrial Waste; Permit RequiredPage 9
Section 2 Permit Issuance Page 9
Section 3 Procedure for Processing Application Page 10
Section 4 Application Page 10
Section 5 Superintendent of Reclamation Evaluation
& Recommendation page 11
Section 6 Provisions Page 12
Section 7 Pretreatment Plants Required Page 13
Section 8 Prohibited Substances Page 14
Section 9 Guidelines for Evaluation of Discharge Page 15
Section 10 Self Monitoring and Reporting Page 17
Section 11 General Industrial Classifications Page 18
ARTICLE VII INDUSTRIAL WASTE ENFORCEMENT PROCEDURE Page 19
Section 1 Enforcement of Rules and Regulations Page 19
Section 2 Permit; Validity Page 19
Section 3 Revocation/Suspension of Permits & Discontinuance
of facilities Page 19
Section 4 Notice Page 20
ARTICLE VIII PROTECTION FROM DAMAGE Page 20
ARTICLE IX POWERS AND AUTHORITY OF INSPECTORS Page 21
Section 1 Access to Private Property Page 21
Section 2 Safety Observance Page 21
Section 3 Access to Easement Page 21
ARTICLE X SEWER CAPACITY RIGHT FEES Page 21
Section 1 Capacity Fee Option Page 21
Section 2 Sewer Capacity Right Fees Page 21
Section 3 Additional Sewer Capacity Right Fees Page 22
Section 4 Facility Provision of Fees Page 22
Section 5 Non Refundable Page 23
Section 6 Use of Revenue Page 23
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ARTICLE XI
Section
Section
Section
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
Section
Section
Section
ARTICLE XV
1
2
3
1
2
3
ORDINANCE NO. 65 INDEX
PAGE 2
MONTHLY SERVICE CHARGE Page 23
Establish Charge Page 23
Time of Payment Page 23
Non Payment; Reconnection Page 23
SERVICE LATERAL CONNECTION Page 24
EXTENSION OF DISTRICT SEWER LINES Page 24
PENALTIES Page 24
Violation Page 24
Violation a Misdemeanor; Penalty Page 24
Criminal and Civil Liability; Penalty Page 24
PROVISIONS Page 25
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053
ORDINANCE NO. 65
AN ORDINANCE OF THE SAN MARCOS COUNTY WATER DISTRICT
DEFINING AND ESTABLISHING THE POLICY AND THE RULES AND
REGULATIONS OF THE DISTRICT RELATING TO THE OPERATIONS,
MAINTENANCE AND THE USE OF THE FACILITIES FOR THE COL-
LECTION, TREATMENT AND DISPOSAL OF SEWAGE AND WASTE OF
THE DISTRICT AND ITS INHABITANTS: AND THE CONDITIONS
UPON WHICH THE DISTRICT WILL ACCEPT A CONNECTION AND
THE USE THEREOF TO SAID FACILITIES, INCLUDING INDUS-
TRIAL WASTE
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE SAN MARCOS COUNTY WATER DISTRICT as follows:
Recitals
The San Marcos County Water District is organized under Divi-
sion 12 of the Water Code of the State of California; and
The San Marcos County Water District has elected to acquire,
construct and operate facilities for the collection, treatment
and disposal of sewage and waste of the District and its inhabi-
tants; and
The San Marcos County Water District desires to provide rules
and regulations for the operation and use of said facilities and
for the monthly sewer service charges; and
Division 12 of the Water Code, commencing with Section 31100
provides that sewer service charges may be collected with the
water rates; and
The San Marcos County Water District has been the recipient
of Grants in Aid for the enlargement of the Encina Water Pollu-
tion Control Facility; and
The San Marcos County Water District has agreed to abide by
the Revenue Program Guidelines adopted by the State Water Re-
sources Control Board on August 5, 1971 in accordance with Sec-
tion 2142 of Clean Water Grant Program Regulations (California
Administrative Code at Title 23, Chapter 3, Subchapter 7); and
Section 2142 of said regulations provide that industrial
waste contributors shall pay according to their proportional use
of waste water treatment facilities.
ARTICLE I
PURPOSE AND POLICY
The San Marcos County Water District will provide for the
maximum public benefit from the use of the District's facili-
ties. This shall be accomplished by regulating sewer use and
wastewater discharges, by providing equitable distribution of
District's costs, and by providing procedures that will allow the
District to comply with the requirements placed upon the District
by other regulatory agencies. The revenue derived from the
application of this Ordinance shall be used to defray costs of
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055
providing sewerage service by the District, including, but not
limited to, administration, operation, monitoring, maintenance,
financing, capital construction, replacement
provisions for necessary reserves.
This Ordinance shall be interpreted
definitions set forth in Article II. The
and recovery, and
in accordance with the
provisions of the Ordi-
nance shall apply to the direct or indirect discharge of all
quid wastes carried by, and to, facilities of the District.
To comply with Federal and State of California policies
li-
and
to permit the District to meet applicable standards of treatment
plant effluent quality, provisions are made in this Ordinance for
the regulation of wastewater discharges. This Ordinance estab-
lishes quantity limitations on wastewater discharges which may
adversely affect District sewerage systems treatment processes,
or effluent quality. It is the intent of these limitations to
improve the quality of wastewater received for treatment. This
Ordinance also provides for the regulation of the degree of
wastewater pre-treatment required, the issuance of permits for.
wastewater discharge and the establishment of penalties for
violation of ordinance provisions.
ARTICLE II
DEFINI TIONS
Unless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows:
A. "BOD" (denoting Biochemical Oxygen Demand) shall mean
quantity of oxygen utilized in the biochemical oxidation of or-
ganic matter under standard laboratory procedure in five (5) days
at 20° C, expressed in milligrams per liter by weight.
B. "Basic Agreement" shall mean that certain agreement en-
tered into by and between the Vista Sanitation District and the
City of Carlsbad entitled "Basic Agreement Between Vista Sanita-
tion District and the City of Carlsbad for Acquisition and Con-
struction of a Joint Sewer System:" dated July 13, 1961, (County
Contract No. 1858-2129E) and any supplements or amendments there-
to.
C. "Board" or "Board of Directors" shall mean the governing
body of the San Marcos County Water District.
D. "Building Drain" shall mean that part of the lowest hori-
zontal piping of a drainage system which receives the discharge
from, waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning five
feet (5) outside the inner face of the building wall.
E. "Building Sewer" shall mean the extension from the build-
ing drain to the public sewer or other place of disposal.
F. "Combined Sewer" shall mean a sewer receiving both sur-
05
face runoff and sewage.
G. "District" shall mean the San Marcos County Water Dis-
trict.
H. "Dwelling Unit Equivalent" (D.U.E.) shall mean up to 250
gallons per day of effluent discharge.
I. "Garbage" shall mean solid wastes from the domestic and
commercial preparation, cooking, and dispensing of food and from
the handling, storage and sale of produce.
J. "Industrial Waste" shall mean solid, liquid or gaseous
substances discharged or flowing from an industrial, manufactur-
ing or commercial premise resulting from manufacturing, process-
ing, treating, recovery or development, or natural or artifical
resources of whatever nature.
K. "Industrial Waste Permit" shall be the written document
allowing proper industrial waste disposal to the public sewer.
L. "Joint Sewer System" shall mean the sewer system con-
structed jointly by the Vista Sanitation District, City of Carls-
bad, Buena Sanitation District, Leucadia County Water District,
Encinitas Sanitary District and the San Marcos County Water Dis-
trict pursuant to that certain contract entitled "Basic Agreement
Between Vista Sanitation District and City of Carlsbad for the
Acquisition and Construction of a Joint Sewer System: (County
Contract No. 1858-2129E) and all amendments and supplements
thereto and as said sewer system is specifically delineated on
that certain map entitled "Map of Joint Sewer System -City of
Carlsbad, Vista Sanitation District and Buena Sanitation Dis-
trict, Leucadia County Water District, Encinitas Sanitary Dis-
trict and the San Marcos County Water District" on file in the
office of the Clerk of the Board of Supervisors of the County of
San Diego.
M. "Manager" shall mean the manager of the San Marcos County
Water District, or his authorized deputy, agent or representative.
N. "Natural Outlet" shall mean any outlet into a water
course, pond, ditch, lake, or other body of surface groundwater.
0. "Party" or "Party to the Basic Agreement" shall mean
Vista Sanitation District, City of Carlsbad, Buena Sanitation
District, Leucadia County Water District, Encinitas Sanitary, the
San Marcos County Water District and all other persons permitted
capacity rights as a result of supplements or amendments to the
Basic Agreement.
P. "Person" shall mean any individual, firm, company, as-
sociation, society, corporation or group.
Q. "Premise" shall mean any lot, piece or parcel of land
building or establishment.
R. "pH" shall mean the logarithm of the reciprocal of the
weight of hydrogen ions in moles per liter of solution.
058
S. "Properly Shredded Garbage" shall mean the wastes from
the preparation, cooking and dispensing of food that have been
shredded to such a degree that all particles will be carried
freely under the flow conditions normally prevailing in public
sewers, with no particle greater than one-quarter (1/4) inch in
any dimension.
T. "Public Sewer" shall mean a sewer which is owned and/or
controlled by the San Marcos County Water District.
U. "Sanitary Sewer" shall mean a sewer which carries sewage
and to which storm surface and ground waters are not intentional-
ly admitted.
V. "Service Lateral Connection" The privately owned physi-
cal pipeline beginning at the edge of the public right-of-way or
District easement and terminating at the public sewer which car-
ries the sewage.
W. "Sewage" shall mean a combination of the water -carried
wastes from residences, business buildings, institutions, and in-
dustrial establishments.
X. "Sewer Capacity Right" The purchased ability to dis-
charge a volume of sewage.
Y. "Sewer System" shall mean all facilities for collection,
pumping, treating and disposing of sewage.
Z. "Sewage Treatment Plant" shall mean any arrangement of
devices and structures used for treating sewage.
AA. "Sewer" shall mean a pipe or conduit for carrying sewage.
BB. "Shall" is mandatory; "May" is permissive.
CC. "Slug" shall mean any discharge of water, sewage or in-
dustrial waste which in concentration of any given constituent or
in quantity of flow exceeds for any period of duration longer
than fifteen (15) minutes more than five (5) times the average
twenty-four (24) hour concentration or flows during normal opera-
tion.
DD. "Standard Methods for the Examination of Water and Waste
Water" shall mean the latest edition, prepared and published
jointly by the American Public Health Association, Water Pollu-
tion Control Federation and American Water Works Association.
EE. "Storm Drain" (sometimes termed "storm sewer") shall
mean a sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted
cooking water.
FF. "Superintendent of Reclamation" shall mean the superin-
tendent of water reclamation of the San Marcos County Water Dis-
trict.
GG. "Suspended Solids" shall mean solids that either float
on the surface of, or are in suspension in water, sewage, or
other liquids, and which are removable by laboratory filtering.
061
ARTICLE III
USE OF PUBLIC SEWERS REQUIRED
Section 1. UNLAWFUL DEPOSITS ON PROPERTY. It shall be un-
lawful for any person to place, deposit or permit to be deposited
in any unsanitary manner on public or private property within the
District, or in any area under jurisdiction of said District, any
human or animal excrement, garbage or other objectionable waste.
Section 2. UNLAWFUL DISCHARGES TO NATURAL OUTLETS. It shall
be unlawful to discharge to any natural outlet within the Dis-
trict, or in any area under the jurisdiction of said District,
any sewage or other polluted waters, except where suitable treat-
ment has been provided in accordance with subsequent provisions
of this ordinance.
ARTICLE IV
BUILDING SEWERS AND CONNECTIONS
Section 1. UNAUTHORIZED USE. No unauthorized person shall
uncover, make any connections with or opening into, use, alter,
or disturb any public sewer or appurtenance thereof without first
obtaining a written permit from the Manager and paying all appli-
cable fees and charges.
Section 2. CONNECTION RULES AND REGULATIONS. The following
rules and regulations for connection to the District's sewage
collection system will apply:
a. Each application for the right to connect within the Dis-
trict's boundaries shall be made in writing and shall be in such
form and shall contain such stipulations, terms and provisions as
may be from time to time contained in a form provided by the Dis-
trict.
b. Application shall be made for a specific parcel of land
and is not transferable to another parcel of land.
c. Applicant shall specify the proposed use of the property
(project) and the number of dwelling unit equivalents required
for that use. Said due are not transferable to another project.
d. Upon completion of a proper application and the payment
in full for each dwelling unit equivalent requested, a permit to
connect to the District's sewage collection system will be issued.
e. Physical connection to the District's sewage collection
system shall be made in a manner, size and location as approved
by the District Engineer in accordance with those regulations
governing sewer lateral installation.
f. The District shall not maintain the sewer lateral between
the street main and the property line; the property owner shall
be responsible for said maintenance.
g. Except for sewer service provided within Improvement
District "A", there shall be no requirement for a property line
083
cleanout. Within Improvement District "A", the District requires
a property line cleanout.
Section 3. CLASSES OF SEWER PERMITS. There shall be two (2)
classes of building sewer permits:
a. For residential, sanitary sewage.
b. For service to establishments producing sanitary and in-
dustrial wastes, said discharge requires an industrial waste dis-
charge permit as herein provided.
Typical catagories are as follows:
Category A: Industries which require pretreatment;
Category B: Industries which have some toxic discharges
but do not require pretreatment;
Category C: Industries which have nontoxic discharges
in addition to sanitary flow; and
Category D: Dry industries or industries with sanitary
flow only.
All Category A, B, and C industries are included in the per-
mit system, and requirements for necessary action are defined in
the permit for each industry. In general, requirements are
greatest for Category A industries and decreased successively for
Categories B and C.
Industry permits are granted for a specified period of time
and require adherence to certain conditions which are stated in
the permit. All permits require that changes in an industry's
location, waste strength, or flow as well as any accidental dis-
charges of prohibited or controlled material shall be reported to
the District as herein described.
The owner or his agent shall make application on special
forms furnished by the District. The permit application shall be
supplemented by any plans, specifications or other information
considered pertinent in the judgement of the Manager. An appli-
cation and inspection fee as determined by the District, for an
industrial waste sewer permit shall be submitted together to the
District at the time the application if filed.
Section 4. BUILDING SEWER INSTALLATION.
a. All costs and expenses incident to the installation and
connection of the building sewer shall be borne by the owner.
The owner shall indemnify the District from any loss or damage
that may directly or indirectly be occasioned by the installation
of the building sewer.
b. Old building sewers may be used in connection with new
buildings only when they are found, on examination and test by
the Manager, to meet all requirements of this ordinance.
c. Whenever practical, the building sewer shall be brought
to the building at an elevation below the basement floor. In all
buildings in which any building drain is too low to permit gravi-
0 6 .�
ty flow to the public sewer, sewage carried by such building
drain shall be lifted by a means approved by the District and
County Health Department and discharged to the building sewer.
d. No person shall make connection of roof downspouts, ex-
terior foundation drains or other sources of surface runoff or
groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer.
e. The connection of the building sewer into the public
sewer shall conform to the requirements of the building and
plumbing code or other applicable rules and regulations of the
District. All such connections shall be made gastight and water-
tight. Any deviation from the prescribed procedures and mate-
rials must be approved by the Manager before installation.
f. The applicant for sewer connection shall notify the Mana-
ger when the building sewer is ready for inspection and connec-
tion to the public sewer. The connection shall be made under the
supervision of the Manager or his representative.
ARTICLE V
USE OF PUBLIC SEWERS
Section 1. DISCHARGE OF NON -SEWAGE WATERS. No person shall
discharge or cause to be discharged any stormwater, surface
water, yard drainage, street drainage, groundwater, roof runoff,
swimming pool drainage, subsurface drainage, uncontaminated cool-
ing water or unpolluted industrial process waters to any sanitary
sewer.
Section 2. DISCHARGE OF SANITARY SEWAGE. With the exception
as provided herein, no person shall discharge or cause to be dis-
charged anything other than, sanitary sewage to any public sewers.
Section 3. DISCHARGE OF WATER SOFTENER BRINE PROHIBITED.
The discharge of water softener brine wastes into District sewers
is prohibited.
Section 4. INDUSTRIAL WASTE OPTION. If any waters or wastes
are discharged, or are proposed to be discharged to the public
sewers, which waters are other than sanitary sewage and which in
the judgement of the Manager may have a deleterious effect upon
the sewage works, processes, equipment, or receiving waters, or
which otherwise create a hazard to life or constitute a public
nuisance, the Manager may:
a. Reject the wastes.
Or if the Manager approves, an industrial waste discharge
permit will:
b. Require pretreatment to an acceptable condition for dis-
charge to the public sewers which shall be maintained contin-
uously in effective operation by the owner at his expense.
c. Require control by the District over the quantities and
061
rates of discharge which shall be maintained continuously in
effective operation by the owner at his expense.
d. Require payment to cover the added cost of handling and
treating the wastes not covered by existing taxes or sewer
charges under the provision of Section 8 of this Article.
If the Manager permits the pretreatment or equalization of waste
flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Manager, and
subject to the requirements of all applicable codes, ordinances,
and laws pursuant to the permit.
Section 5. PERMIT REQUIRED. All existing industrial waste
discharges are subject to review in accordance with the provi-
sions of applicable state, federal and local law or ordinances
and industrial waste discharge ordinances and these rules and
regulations. A permit shall be required of any person currently
discharging industrial waste into the sewer system or joint sewer
system on the effective date of these rules and regulations.
Section 6. ENTRY UPON PREMISES; INSPECTION AND TESTING. The
Manager, or the duly authorized employees and agents, shall be
permitted to enter upon any premises served or to be served at
any reasonable time for the purpose of:
(a) Inspection, observation, measurement, sampling and test-
ing of the quantity, quality and characteristics of the waste
water being discharged into the sewer system or the joint sewer
system;
(b) Determining the condition, location, size or depth of
any sewer connection;
(c) Gathering any information required for the effective en-
forcement of any applicable state, federal or local law or ordi-
nance or any provision of these rules and regulations.
Section 7. CONTROL MANHOLE INSTALLATION. Any applicant or
permittee may be required by the Manager to install a suitable
control manhole together with such necessary meters and other ap-
purtenances, in the building sewer to facilitate observation,
sampling or measurement of wastes. Such manhole shall be con-
structed and placed in accordance with plans first approved by
the Manager and shall be installed by the applicant or permittee
at his own expense, and shall be maintained in a manner so as to
be safe and accessible at all times.
In the event that no special manhole has been required or
provided, the control manhole shall be considered to be the near-
est downstream manhole in the public sewer from the point of
which the building sewer is connected.
Section 8. MEASUREMENT; TEST; ANALYSES. All measurements,
tests, sampling and analyses of the characteristics of waters and
wastes to which reference is made in this ordinance shall be per-
formed in accordance with applicable test procedures approved by
EPA at a laboratory certified for such testing by EPA or the
State Department of Health Services, determined in accordance
with the latest edition of "Standard Methods for the Examination
of Water and Waste -Water," published by the American Public
Health Association, and shall be determined from samples taken at
the control manhole. Sampling shall be carried out by custom-
arily accepted methods to reflect the effect of constituents upon
the sewage works and to determine the existance of hazards to
life, limb and property. (The particular analyses involved will
determine whether a twenty-four (24) hour composite of all build-
ing sewers of a premise is appropriate of whether a grab sample
or samples should be taken. Normally, but not always, BOD and
suspended solids and analyses are obtained from 24-hour com-
posites of all building sewers whereas pH's are determined from
periodic grab samples.)
Section 9. SPECIAL AGREEMENT. No statement contained in
this article shall be construed as preventing any special agree-
ment or arrangement between the District and any industrial con-
cern whereby an industrial waste of unusual strength or character
may be accepted by the District for treatment, subject to payment
therefore, by the person concerned.
ARTICLE VI
INDUSTRIAL WASTE DISCHARGE PERMITS
Section 1. DISCHARGE OF INDUSTRIAL WASTE: PERMIT REQUIRED.
Industries discharging toxic wastes into the sewer system will be
considered individually. No person shall connect to or otherwise
discharge, or cause to be discharged into the sewer system of the
District or into the joint sewer system, any industrial waste
without a valid industrial waste discharge permit.
Section 2. PERMIT ISSUANCE. No permit shall be issued to
any person to discharge industrial waste into the sewer system of
the District or the joint sewer system, if such discharge will be
a hazard or danger to the health or safety of any person or to
the property of any person or if such discharge will result in a
danger to the capacity, construction, use, or proper performance
or utilization of the sewer system of the District or to the
joint sewer system, or be otherwise detrimental or injurious to
such systems or either of them, and unless the applicant has com-
plied with all the provisions of all applicable state, federal
and local laws or ordinances and with all the provisions of these
rules and regulations. The issuance of a permit shall not be
construed to be a permit for, or approval of, any violation of
any provision of these rules and regulations or any applicable
state, federal or local law or ordinance.
071
Section 3. PROCEDURE FOR PROCESSING APPLICATION. Procedure
for processing of an application for an industrial waste dis-
charge permit with the San Marcos County Water District shall be
as follows:
(a) Applicant shall be required to deposit an amount of
money, (per Article IV Section 3) to be determined by the Dis-
trict Manager, to cover the costs of evaluating the application.
These costs shall include, but not be limited to, the collection
of additional information, analysis, testing, or data necessary
to adequately evaluate the use and discharge for which the permit
is sought.
(b) Applicant for an industrial waste discharge permit makes
a written application to the District.
(c) The District refers the application to the Superinten-
dent of Reclamation for evaluation.
(d) Superintendent of Reclamation proceeds to evaluate the
application.
(e) Superintendent of Reclamation will make an evaluation
and present findings and recommendations in writing to the Mana-
ger regarding the proposed discharge.
(f) Based on the findings and recommendations prepared by
the Superintendent of Reclamation, the Manager will either refuse
to issue a permit or issue the industrial waste discharge permit
to the applicant.
Section 4. APPLICATION. Each party shall be provided
standardized application forms indicating thereon the information
which the applicant for a permit shall be required to furnish.
At his own expense, the applicant may be required to provide, in
addition to the information required to be furnished on the
printed application form, such additional information, analysis,
or data as deemed necessary by the District or the Superintendent
of Reclamation to evaluate the use and discharge for which a per-
mit is sought.
(a) Industrial discharge permits valid for a period of up to
three years will be issued by the District.
(b) Applications for permit issuance shall be submitted to
the District by all appropriate industrial dischargers. Permit
applications shall include the following information:
(1) Name, address, and phone number of permit applica-
tion;
(2) Name of facility;
(3) Location of discharger;
(4) Average and peak discharge flows;
(5) Description of the discharge;
(6) Signature of applicant or responsible official; and
(7) Any other information requested by the District.
013
(c) Application or information submitted to the District,
claimed as confidential by the discharger. Any such claim must
be asserted at the time of submission by stamping the words "con-
fidential business information" on each page containing such in-
formation. If a claim is asserted, the District will treat the
information as restricted in accordance with applicable Federal
or State Statutes and/or Regulations. If no claim is made at the
time of submission, the District may make the information avail-
able to the public.
(d) Where the industrial discharger becomes aware that rele-
vant facts were omitted or incorrect information was submitted in
the industrial discharge permit application, the facts or correc-
ted information shall be promptly submitted to the District.
(e) The industrial discharger shall notify, in writing, the
District within 10 days of the following:
(1) Significant change in the nature of the wastewater.
(2) Increase in flow beyond that specified in the in-
dustrial discharge permit.
(3) Other circumstances which result in a material
change in character, amount, or location of the dis-
charge.
(4) Any planned changes in the regulated facility or
activity which may result in noncompliance with the re-
quirements in this ordinance.
Section 5. SUPERINTENDENT OF RECLAMATION TO MAKE EVALUATION
AND RECOMMENDATION. Prior to submitting a written recommendation
regarding the issuance of a permit, the Superintendent of Reclam-
ation shall consider the following factors:
(a) Whether the discharge of waste will cause damage to or
be otherwise injurious or detrimental to the sewer system or the
joint sewer system;
(b) Whether the discharge or waste will cause an unwarranted
increase in the cost of operation and maintenance;
(c) Whether the discharge of waste will retard or inhibit
the treatment of sewage;
(d) Whether the discharge of waste will be a detriment to
the quality of the receiving water of the treated waste waters;
(e) Whether the wastes may be made acceptable by properly
engineered pretreatment facilities;
(f) Whether the sewer system or joint sewer system can prop-
erly and safely process the proposed industrial waste discharge;
(g) The quantities of subject wastes in relation to flows
and velocities in the sewers;
(h) Any other matters including but not limited to appli-
cable Federal and State Statutes and Regulations, deemed material
in arriving at a determination upon which to base a recommenda-
tion.
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1175
Section 6. PROVISIONS
(a) Industrial waste permits issued do not authorize the
commission of any act causing injury to the property of another,
nor protect the discharger from his liabilities under federal,
state, or local laws or ordinances, nor guarantee the discharger
a capacity right in the sewer system.
(b) A copy of the industrial waste discharge permit shall be
maintained at the industry so as to be available at all times to
personnel of the industry.
(c) The industrial waste discharge permit is valid only for
a waste discharge volume stated in the application, and at a dis-
charge rate not exceeding the stated maximum discharge rate.
(d) The discharger shall allow the District or an authorized
representative upon presentation of credentials to:
1. Enter upon the discharger's premises where a regulated
discharge is located or where records must be kept under the
conditions of the industry's discharge permit;
2. Have access to a copy, at reasonable times, any records
that must be kept under the conditions of the industry's
discharge permits;
3. Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practices or
operations regulated or required under the industry's dis-
charge permit, and
4. Sample or monitor at reasonable times, for the purposes
of assuring compliance with this ordinance or any applicable
federal pretreatment standards, any substances or parameters
at any location.
(e) The industrial discharger must comply with all condi-
tions of this Ordinance. Noncompliance with any condition of
this Ordinance is grounds for (a) enforcement action, (b) dis-
charge permit revision or revocation or (c) the denial of a dis-
charge permit renewal application.
(f) The industrial discharger shall furnish to the District
any information which may be requested to determine whether cause
exists for modifying, revoking or reissuing a discharge permit.
The discharger shall also furnish to the District copies of any
records required to be kept by the discharge permit.
(g) In the event of any change in name, ownership, or con-
trol of the company, the discharger shall notify the District
within 10 days of such change, and shall notify the succeeding
owner or operator that immediate reapplication is mandatory as
the existing permit is nontransferable.
(h) In the event the discharger is unable to comply with any
of the conditions of the industrial waste discharge permit due to:
1. Breakdown of waste treatment equipment;
0 7 7
2. Accidents caused by human error or negligence; or
3. Other causes such as acts of nature;
The discharger shall notify the District, by telephone, as
soon as he or his agents have knowledge of the incident, and con-
firm this notification in writing within 24 hours of the tele-
phone notification. The written notification shall include per-
tinent information explaining reasons for the noncompliance, and
shall indicate that steps were taken to correct the problem, and
the dates thereof, and what steps are being taken to prevent the
problem from recurring.
(i) All wastes which are prohibited from being discharged
into public sewers, including but not limited to, chemical solu-
tions, acids, caustic wastes, solvents, inflammables, oil and
grease, screenings, sludges, and other solids removed from liquid
wastes, etc., shall be held in impervious containers and disposed
of at a legal point of disposal, and in accordance with the pro-
visions of applicable Federal and State Statutes and Regulations.
For the purpose of this requirement, a legal point of disposal is
defined as one for which waste discharge requirements have been
prescribed by a Regional Water Quality Control Board, and which
is in full compliance therewith.
(j) Industrial dischargers identified as generators of toxic
solid wastes shall be notified or applicable requirements promul-
gated under the Solid Waste Disposal Act, as amended, and the Re-
source Conservation and Recovery Act and shall be referred to the
State of California Department of Health Services.
(k) Industrial dischargers shall comply with applicable
toxic waste and pretreatment standards promulgated in accordance
with the Federal Water Pollution Control Act, or amendments
thereto. Within 180 days of the date such pretreatment standards
are promulgated, industrial dischargers subject to the standards
must submit a baseline monitoring report to the District and to
the U. S. Environmental Protection Agency detailing, in accord-
ance with applicable Federal and State Statutes and Regulations
the industry's compliance status with the regulations. If the
industry is in noncompliance, the report shall include a time
schedule outlining how the industry will achieve compliance with-
in the date established for the applicable pretreatment stand-
ards. Progress reports, monitoring and reports of compliance
shall also, be submitted by the discharger at the specified times.
Section 7. PRETREATMENT PLANTS REQUIRED. In the event the
District or the Superintendent of Reclamation determines that
pretreatment is required to make the waste acceptable, the ap-
plicant shall be so notified and shall submit suitable engineer-
ing plans and specifications showing in detail the proposed pre-
treatment facilities and pretreatment operational procedure which
0l9
shall then be included within and become a part of the original
application. A permit shall not be issued until such plans,
specifications and operational procedure have been reviewed and
approved by the Superintendent of Reclamation.
Where industrial waste pretreatment facilities are required,
these facilities shall be continuously maintained in a satisfac-
tory and effective manner by the permittee at his own expense.
The permitee shall maintain complete records and a continuous log
of all such pretreatment operations, and, upon demand, all such
records and log shall be made available for inspection by the
Manager or the designated representative at all reasonable times.
Section 8. PROHIBITED SUBSTANCES. No person shall discharge
or cause to be discharged into the sewerage system any of the
following described waters or wastes:
(a) Any gasoline, benzene, naptha, cleaning solvents,
mineral oils, lubricating oils, fuel oil, or other flammable or
explosive liquid, solid or gas.
(b) Solids or viscous substances in quantities, or of such
size capable of causing obstruction to the flow in sewers, or
other interference with the proper operation of the sewage
facilities, such as, but not limited to, ashes, feathers, cin-
ders, sand, mud, straw, shavings, metal, glass, rags, tar, plas-
tics, wood, unground garbage, whole blood, paunch, manure, hair
and fleshings, entrails, and paper dishes, cups, milk containers,
etc., either whole or ground.
(c) Any garbage that has not been properly shredded. Gar-
bage ground in domestic and industrial grinders to a size of 1/4
inch or less is satisfactory. The installation and operation of
any garbage grinder equipped with a motor of three -fourth (3/4)
horsepower or greater shall be subject to the review and approval
of the Manager.
(d) Wastes which contain or result in the production of
toxic, corrosive, explosive and malodorous compounds and/or gases.
(e) Wastes which contain dissolved sulfides in excess of 0.1
mg/1, iron, pickling wastes, or concentrated plating solutions
whether neutralized or not.
(f) Any waters or wastes containing a toxic or poisonous
solids, liquid or gases in sufficient quantity whether singly or
by interaction with other wastes, to injure or interfere with
sewage treatment process, constitute a hazard to human, animal or
fish life, or create a public nuisance or create any hazard in
the receiving waters of the sewage treatment plants and the
Pacific Ocean.
(g) Wastes containing substances which are not amenable to
treatment or reduction by the treatment processes employed, or
are amenable to treatment only to such a degree that: (1) the
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081..
resulting effluent cannot meet the waste discharge requirements
of the Regional Water Quality Control Board or other agencies
having jurisdiction over the quality and protection of the re-
ceiving waters or (2) the resulting sludge cannot meet limits for
the chosen disposal method.
h. Any water or waste containing fats, wax, grease, or oils,
whether emulsified or not, in excess of one hundred (100) mg/1 or
containing substances which may solidify or become viscous at
temperatures between thrity-two (32) and one hundred fifty
(150°)F.
i. Any waters or wastes containing phenols or other taste or
odor producing substances, in such concentrations exceeding
limits which may be established by the Manager as necessary,
after treatment of the composite sewage, to meet the requirements
of the State, Federal, or other public agencies or jurisdiction
for such discharge to the receiving waters.
j. Any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits determined by the Manager in
compliance with applicable State or Federal regulations.
Section 9. GUIDELINES FOR EVALUATION OF DISCHARGE. The fol-
lowing provisions and the values therein set forth shall not be
regarded or construed as regulating or limiting the quantity or
characteristics of any specific wastes which may be received into
the sewerage system but shall serve as a guide in the use of the
public sewerage system for the purpose of determining the ac-
ceptability of waste for admission into the sewerage system. In
considering the following sewage characteristics, the dilution
effect of the sewage at the point of discharge or any affected
part of the system and whether or not ususual attention or ex-
pense would be required to handle such material in the sewerage
system shall be taken into consideration.
(a) The admission into the public sanitary sewers of any
water or waste having an average daily flow greater than
one-fourth (1/4) percent of the average flow at the water polu-
tion control facility shall be subject to review.
(b) Sea water and salt water brines shall be excluded. The
salt content can render the waste water in the entire system un-
fit for reclamation and is also objectionable if the sludge pro-
duced at the treatment facility is used as fertilizer or if waste
water re -use is practiced and/or contemplated.
(c) The temperature of liquid or vapor industrial waste dis-
charged into the sewerage system shall be no greater than 150°
F nor less than 32° F.
(d) Industrial wastes having a grease and oil concentration
in excess of 100 mg/1. will be considered individually.
(e) The pH of industrial wastes shall average between 5.5 to
Ci 83
9.5 daily, and have no other corrosive property capable of caus-
ing damage or hazard to structures, equipment, treatment process
and personnel of the District.
(f) Industries discharging toxic wastes into the sewerage
system will be considered individually. For example, wastes
which contain toxic metals, such as iron, chromium, copper, zinc,
cyanids, hexavalent chromium, organic phosphorous type compounds,
and similar objectionable or toxic substances would be considered
as within this category. Wastes exerting an excessive chlorine
requirement are not allowed. Limitations as to the discharge of
water containing toxic substances shall take into account the
total amount of such substances which can safely be received at
the water pollution control facility or at the point of final
disposal, whichever is effected.
(g) Industrial wastes containing radioactive compounds will
be considered individually.
(h) Industrial wastes having suspended solids in excess of
450 ppm. will be considered individually.
(i) Industrial wastes will be considered individually which
include:
(1) Unusual concentrations of inert suspended solids
(such as, but not limited to fullers earth, lime slur-
ries, and lime residues) or of dissolved solids such as,
but not limited to, sodium chloride and sodium sulfate,
or;
(2) Excessive discoloration (such as, but not limited
to dye wastes and vegetable tanning solutions) or;
(3) Unusual biochemical oxygen demand (BOD) or chemical
oxygen demand (COD) or chlorine requirements in such
quantities as to constitute a significant load at the
sewage treatment plants or;
(4) Unusual volume of Flow or concentration of wastes
constituting "Slugs" as defined herein.
(j) The following list of toxic pollutants identified by EPA
subject to modification from time to time
ceeded by any discharger as
Acenaphthene
Acrolein
Acrylonitrile
Aldrin/Dieldrin
Antimony and compounds
Arsenic and compounds
Asbestos
Benzene
Benzidine
Beryllium and compounds
Cadium and compounds
Carbon tetrachloride
Chlordane
Chlorinated benzenes
shall not be ex -
established by district policy:
Chloroform
2 -chlorophenol
Chromium and compounds
Copper and compounds
Cyanides
DDT and metabolites
Dischlorobenzenes
Dichlorobenzidine
Dichloroethylenes
2, 4-dichlorophenol
Diehloropropane &
Dichloropropene
2, 4 -dimethylphenol
Dinitrotoluene
Chlorinated ethanes
Chloralkyl ethers
Chlorinated naphthalene
Ethylbenzene
Fluoranthene
Hal oethers
Halomethane
Heptachlor and metabolites
Hexachl orobutadi ene
Hexachlorocyclopentadiene
Hexachlorocyclohexane
I sophorone
Lead and compounds
Mercury and compounds
Naphthalene
Nickel and compounds
Nitrobenzene
Nitrophenols
Nitrosamines
Pentachlorophenol
Di phenylhydrazine
Endosulfan and metabolites
Endrin and Metalbolites
Phenol
Phthalate esters
Polychlorinated biphenyls
(PCBs)
Polynuclear aromatic
Hydrocarbons
Selenium and compounds
Silver and compounds
2, 3, 7, 8 - tetrachloro-
dibenzo-p-dioxin (TCDD)
Tetrachloroethylene
Thallium and compounds
Toluene
Toxophene
Trichloroethylene
Vinyl chloride
Zine and compounds
085
Section 10. SELF MONITORING & REPORTING
(a) All catagories A, B and C dischargers shall be subject
to self-monitoring and reporting requirements.
(b) Self monitoring and reporting requirements for each ap-
plicable discharger shall be determined by the District and in-
cluded in the industry's discharge permit. The nature of the
sampling and frequency of analysis and reporting shall be based
on the size and nature of the discharge.
(c) All sampling and analysis of wastewater shall be in ac-
cordance with Article V. Section 8.
(d) Self-monitoring programs shall, at the minimum, consist
of the following for catagories A & B:
1. Monthly sampling and reporting for all toxic consti-
tuents known to be in the discharge and for which this Ordi-
nance specifies effluent limitations.
2. Monthly reporting of total water usage, average and
peak discharge flow rates during the specified reporting
period.
3. Monthly reporting of pH excursions beyond the
established range with time durations of each incident.
4. Quarterly reporting of total suspended solids.
5. Quarterly reporting of total dissolved solids.
6. Any other sampling or reporting information so re-
quired by the District.
7. Self-monitoring reports shall be signed by a duly
authorized representative responsible for the overall opera-
tion of the facility from which the discharge originates.
Each report shall contain the following declaration:
087
"I declare under penalty of perjury that the foregoing is
true and correct."
DATE
SIGNATURE
TITLE
8. Records shall be maintained by industrial dis-
chargers subject to self-monitoring requirements for a mini-
mum of three years for:
a. The date, exact place, method and time of sampling
and the names of the person or persons taking the samples;
b. The dates the analyses were performed;
c. Who performed the analyses and the analytical tech-
niques used; and
d. The results of said analyses.
Section 11. GENERAL INDUSTRIAL CLASSIFICATIONS. As an aid
in generally classifying operations involving discharge of indus-
trial waste, the general classifications listed below shall be
used.
GENERAL INDUSTRIAL CLASSIFICATION
01 Aircraft
02 Animal Kennel & Hospital
03 Auto Wash & Steam Racks
04 Automotive Mfg., Cleaning
& Repair
05 Bakery and Candy Mfg.
06 Beverage (Bottling & Mfg.)
07 Blueprinting and Engraving
08 Cafe (Frozen Milk &
Sandwich Stands)
10 Ceramic
11 Chemical Mfg.
12 Citrus Products
13 Cosmetic & Soap Mfg
14 Dairy Products
15 Dry Cleaning
16 Electrical Parts Mfg.
17 Fermentation
18 Film & Litho Processing
19 Foundry
20 Furniture & Paper Products
21 Grinding (Glass, Marble
Metal, etc.)
22 Grocery Supermarket
23 Hotel, Motel, Trailer Ct.
24 Institutions (Hospitals,
Dental Labs., Hotels,
Schools, etc.; Government
Agencies, Churches)
25 Laundry (commercial & Indust)
26 Laundry (Self-service)
27 Meat & Poultry Processing
28 Metal Fabrication
29 Metal Finishing & Plating
30 Mining
31 Office & Service (commercial)
32 Oil Well
33 Petroleum Products
34 Plasitic & Wax Mfg.
35 Radioactive Processes
36 Rest Home
37 Resturants and Catering
38 Retail Store or Market
39 Rubber Manufacturing
40 Rug Laundry
41 Service Stations (Indicate:
Wash racks, Automotive Ser-
vice Garage, Trailer holding
tank discharge)
4+2 Shopping Center
43 Swimming Pools
44 Tanneries and Rendering
45 Textile and Dying
46 Transportation
47 Water Softening Regeneration
Service
4+8 Wholesale Produce
100 Miscellaneous Classifications
Inclusive or exclusion of a particular industrial classification
in the listing is not to be construed as acceptance or rejection
of the proposed discharge.
U89
ARTICLE VII
INDUSTRIAL WASTE ENFORCEMENT PROCEDURE
Section 1. ENFORCEMENT OF RULES AND REGULATIONS. The Dis-
trict shall enforce all applicable state, federal and local laws
and ordinances regarding discharge of industrial waste into the
sewer system under District jurisdiction, or the joint sewer
system.
(a) Compliance inspections of discharge permit holders shall
be regularly conducted by the District staff. Reasonable efforts
shall be made to perform the inspections and conduct random sam-
pling of discharges bimonthly for industries subject to existing
federal categorical pretreatment standards and semiannually for
all other industries subject to self-monitoring programs. Random
sampling by the District staff shall be performed for wastewater
constituents for which the industry must sample and analyze as
part of a self-monitoring program. Samples shall be analyzed at
a laboratory certified for such analyses.
(b) The District staff shall investigate instances of non-
compliance with requirements of this Ordinance or federal pre-
treatment standards as indicated by inspections, random sampling,
self-monitoring reports or other surveillance. Investigations
shall be conducted with sufficient care to produce evidence
admissible in enforcement proceedings or judicial actions.
(c) For violations or threatened violations which constitute
an imminent danger to the health or welfare of persons, to the
environment, or causes interference with the operation of the
treatment plant, the District shall take immediate and effective
measures to halt or eliminate the violations or threatened viola-
tions. The District legal counsel is authorized to take such im-
mediate actions upon notification by the Manager of a dangerous
discharge or threatened discharge.
Section 2. PERMIT: VALIDITY. Any industrial waste discharge
permit herein issued shall be valid for a period of 3 years at
which time the permit will be reviewed and modified as necessary
or until revoked as provided for herein, by the District.
Section 3. REVOCATION OR SUSPENSION OF PERMITS AND DISCON-
NECTION OF FACILITIES. The District may revoke or suspend a per-
mit issued to any person in the event of a violation by the per-
mittee of any provision of any applicable state, federal or local
law or ordinance or of any provision of these rules and regula-
tions for fraud, misrepresentation or false statements contained
in the application for permit. The District may disconnect from
the sewer system any sewer connection, main line sewer, or other
facility which is constructed, connected, or used without a per-
mit, or constructed, connected or used contrary to any of the
provisions of any applicable state, federal or local law or or-
0911.
dinance or contrary to any provisions of these rules and regula-
tions. When a premise has been disconnected, it shall not be re-
connected until the violation for which it has disconnected has
ceased or been remedied and a reasonable charge for such discon-
nection and reconnection, has been paid, as established by the
District.
a. If, after the granting of a permit, it shall develop, by
reason of increased flow, change in the nature of industrial pro-
cesses, or for any cause whatsoever that the industrial waste
discharged by a permittee conflicts with any provisions of these
rules and regulations or any applicable state, federal or local
law or ordinance, the District may revoke or suspend the permit,
or may require a re-evaluation of the permit, or may impose
further conditions with respect thereto directed toward the eli-
mination of such conflict. Any permittee shall immediately re-
port to the District any significant increase in flow or in the
nature of the discharge and failure to do so shall be grounds for
suspension or revocation of the permit.
b. Any person violating any provision of these rules and re-
gulations shall be liable for all damage to the sewer system or
joint sewer system incurred as a result of such violation and for
any increase in the cost of maintenance or repair resulting from
such violation.
Section 4. NOTICE. The District shall give not less than
five days' notice of intention to disconnect the premise or to
suspend or revoke a perrmit, stating the reasons therefor, and
may grant a reasonable time for elimination of the violation;
provided, however, that if the District determines that the dan-
ger is imminent, and such action is necessary for the immediate
protection of the health, safety or welfare of persons or prop-
erty, or for the protections of the sewer system or the joint
sewer system, any premise may be disconnected and service termi-
nated concurrently with the giving of such notice. Notice shall
be given to the occupant of the premise, if any, and to the re-
cord owner of the property as shown upon the last equalized as-
sessment roll of the property as shown upon the last equalized
assessment roll of the County of San Diego by United States mail,
certified, return receipt requested, postage prepaid, or by post-
ing such notice on the premise.
ARTICLE VIII
PROTECTION FROM DAMAGE
No person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is part of the sewage works.
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093
ARTICLE IX
POWERS AND AUTHORITY OF INSPECTORS
Section 1. ACCESS TO PRIVATE PROPERTY. The Manager and
other duly authorized employees of the District bearing proper
credentials and identification shall be permitted to enter all
properties for the purpose of inspection, observation, measure-
ment, sampling and testing in accordance with the provisions of
this ordinance. The Manager or his representatives shall have
authority to inquire into any processes including metallurgical,
chemical, oil, refining, ceramic, paper, or other industries hav-
ing a direct bearing on the kind and source of discharge to the
sewers or waterways or facilities or waste treatment.
Section 2. SAFETY OBSERVANCE. While performing the neces-
sary work on private properties referred to in Article VII, Sec-
tion 1, above, the Manager or duly authorized employees of the
District shall observe all safety rules applicable to the prem-
ises established by the company
Section 3. ACCESS TO EASEMENT. The Manager and other duly
authorized employees of the District bearing proper credentials
and identification shall be permitted to enter all private prop-
erties through which the District holds a easement for the pur-
pose of, but not limited to inspection, observation, measurement,
sampling, repair and maintenance of any portion of the sewage
works lying within said easement.
ARTICLE X
SEWER CAPACITY RIGHT FEES
Section 1. CAPACITY FEE OPTION. The following methods shall
be used in determining sewer capacity right fees. Said fees
shall become owing, due and payable at the time application is
made to connect a premise to the sewer system. District, at its
sole option, may apply either of the following methods of determ-
ining capacity fees:
a. "Dwelling Unit Equivalents" (DUE) is defined as a
single family residence with a design waste flow of up to 250
gallons per day. The fee shall be based on the number of
"Dwelling Unit Equivalents" (DUE) as determined by the Dis-
trict.
b. Actual water and waste discharge into the District
sewer system. Commercial, industrial, institutional, govern-
mental and other non-residential developments are deemed to
have a waste discharge equal to the water delivered through
their water meter.
Section 2. SEWER CAPACITY RIGHT FEES:
a. A schedule of fees shall be established for dwelling
unit equivalents, as defined by Article X section la
095
herein which may be modified from time to time by the
Board of Directors.
b. A fee shall be established for each gallon of indus-
trial waste, as defined by Article X Section 1b which
may be modified from time to time by the Board of Direc-
tors.
All waste discharges for which the District elects not
to apply the dwelling unit equivalent schedule, the
capacity right fee shall be based on the average amount
of water discharged into the sewer system daily.
Average amount of water (discharged into the sewage
system daily) shall be defined as the mathematical
equivalent determined by dividing the normal billing
period usage by the actural number of days in that
period. Said billing period shall be approximately 30
days which may be changed from time to time by the Board
of Directors.
All water entering the property through the water meter
is assumed to reach the sewer unless the discharger pre-
sents evidence to the contrary, which is satisfactory to
the District. The District Manager with Board approval,
may adjust the charges in those cases where a signifi-
cant percentage of water entering the property does not
enter the sewer system. In no case shall the manager
adjust the capacity right fee so that the resulting fee
is less than the charge for one (1) D.U.E. The capacity
right fee shall be reviewed no less than annually during
the third week of October each year and may be reviewed
monthly for conformance.
If the computed average day discharge exceeds the pur-
chased capacity for any single billing cycle, the the
purchase of additional industrial waste capacity is man-
datory. The Manager, however may monitor the discharge
one or more additional billing periods to quantify peak
usage.
Section 3. ADDITIONAL SEWER CAPACITY RIGHT FEES. In those
instances where additional DUE's connections or sewerage flows
are added to an existing sewer connection, application shall be
made to the District and capacity right fees purchased prior to
discharge and obtainment of any building permits in accordance
with the foregoing.
Section 4. FACILITY PROVISIONS OF FEES. Said fee is a pri-
mary source of funds for the development of additional capacity
and will be established at a level which will defray the costs of
providing additional sewage treatment and/or reclamation facili-
ties, major trunk and transmission pipelines and facilities for
097
pumping when such facilities are needed.
Section 5. NON-REFUNDABLE. To assure availability of funds
for proper planning and to meet obligations incurred by the Dis-
trict to develop capacity in a timely manner, ALL FEES COLLECTED
AS PAYMENT FOR THE RIGHT TO CONNECT ARE NON-REFUNDABLE.
Section 6. USE OF REVENUE. Revenues derived from fees or
charges imposed herein shall be used for the acquisition, con-
struction, reconstruction, maintenance and operation of sanita-
tion or sewerage facilities, to repay principal and interest on
bonds issued for the construction or reconstruction of such sani-
tation or sewerage facilities and to repay federal or state loans
or advances made to entities for the construction or reconstruc-
tion of sanitation or sewerage facilities; provided, however,
that such revenue shall not be used for the acquisition or con-
struction of new local street sewers or service lateral connec-
tions as distinguished from main trunk, interceptor, and outfall
sewers.
ARTICLE XI
MONTHLY SERVICE CHARGE
Section 1. ESTABLISH CHARGE. Sewer Service charges as
established by the Board will be added to the customer's monthly
water bill, or billed separately if customer does not receive
water service from San Marcos County Water District. All water
and sewer charges will become due and collected as one item or
sewer only as a single item. In the event of failure to pay the
whole or any part thereof, the District may discontinue any and
all service for which such bill is rendered.
Section 2. TIME OF PAYMENT. All bills are due upon presen-
tation. Bills become delinquent if not paid on or before twenty
(20) days after presentation. If bills are not paid within twenty
(20) days after presentation, service may be discontinued without
further notice. The failure of the District to send or any such
person to receive notice shall not affect the District's power
hereunder. A customer's sewer service may be discontinued if
sewer service furnished at a previous location is not paid within
the time herein fixed for the payment of bills. If a customer
receives sewer service at more than one location and the bill for
a service at any one location is not paid within the time pro-
vided for payment, sewer service at all locations may be discon-
tinued.
Section 3. NON-PAYMENT; RECONNECTION. A reconnection charge
will be collected prior to re-establishing sewer service which
has been terminated because of non-payment of monthly sewer ser-
vice charges. However, when both water and sewer service has
been so terminated there will be only one reconnection charge.
019
In the event it becomes necessary for the District to physically
disconnect the customers sewer connection from the District's
sewer system to enforce a "discontinuance for non-payment", the
customer will be required to pay all costs incurred by the Dis-
trict before sewer service will be reestablished.
ARTICLE XII
SERVICE LATERAL CONNECTION
All service laterals will be installed by the District or
under its direct supervision by a licensed contractor, in accord-
ance with the current Rules and Regulations of the District.
Laterals will be installed upon receipt of written applica-
tion and upon deposit of the fee as established by the Board of
Directors.
ARTICLE XIII
EXTENSION OF DISTRICT SEWER LINES
The extension of sewer facilities at the initiative of an
owner will be in accordance with the current Rules and Regula-
tions of the District, including the District's Standard Plans
and Specifications for construction of water and sewer which may
be amended from time to time. Normally, parcels shall abut the
public sewer for service, however, application maybe made for a
offsite service lateral connection where the District determines
a public sewer extension is not to the District's advantage.
ARTICLE XIV
PENALTIES
Section 1. VIOLATION. Any person violating any provisions
of this ordinance (except Articles VIII and XI), shall be served
by the District with written notice stating the nature of the
violation. The offender shall, within the period of time stated
in such notice, permanently cease all violations. Continuance of
violations shall be sufficient cause for discontinuance of ser-
vice.
Section 2. VIOLATION A MISDEMEANOR; PENALTY. Violation of
any provision, or the failure to comply with any of the require-
ments of this Ordinance or of any rule or regulation adopted as
herein provided excepting Articles VIII and XI shall constitute a
misdemeanor. Any person convicted of such violation or such
failure shall be punishable by a fine of not more than $500.00 or
by imprisonment in the County Jail for a period of not more than
six months, or by both such fine and imprisonment.
Section 3. CRIMINAL AND CIVIL LIABILITY; PENALTY. In addi-
tion to Section 2, Federal or State Statutes and/or Regulations
provide for other criminal and civil liability and penalties.
481
ARTICLE XV
PROVISIONS
Section 1. In the event that any portion or provision of
this ordinance is declared by any court to be invalid or in con-
travention with any law, such invalidity or contravention shall
not effect the remaining portion and provisions of this ordinance.
Section 2. Ordinance Numbers 42 and 42A, 47, 47-5, 47-6, 54,
55, 64, Resolution Numbers 360 and 594 and any other actions in
conflict herewith are, hereby repealed.
Section 3. This Ordinance is designed and is to be inter-
preted, as consistent with Federal and State Statutes and Regula-
tions applicable to public sewerage systems.
Section 4. This Ordinance shall become effective on the 7th
day of March 1983 and notice and adoptions and availability of
this Ordinance shall be published one time in a newspaper
published and circulated within the District.
THIS ORDINANCE PASSED, APPROVED AND ADOPTED this 7th day of
March, 1983, by the following roll call vote.
AYES: Newport, Ferguson Mahr
NOES: Mason, Holm
ABSTAIN: None
ABSENT: None
ATTEST:
he Board of Directors
rcos County Water District
Se ry of the S Marcos County Water
D strict and Boar of Directors thereof