(a) 
Users may be required to obtain written authorization to use sewerage facilities. This written authorization may be in the form of a wastewater discharge permit or other control mechanism issued by the CLB. No vested right shall be given or be granted by issuance of wastewater discharge permit or other control mechanism as provided for in this chapter.
(b) 
When written authorization is granted, all the types of wastewater discharge permits and any other control mechanisms shall be expressly subject to all provisions of this chapter and all other regulations, charges for use and fees established by the CLB. The requirements contained in wastewater discharge permits or other control mechanisms are subject to enforcement under this chapter and under state and federal law.
(c) 
All users that have obtained written authorization shall discharge their process wastewater only as provided for by their wastewater discharge permit or other control mechanism.
(d) 
Compliance with wastewater discharge permit or other control mechanism provisions does not relieve the user from complying with any other applicable federal, state or local requirement.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
The wastewater discharge permit may be in one of four types and is dependent upon the process, volume and pollutant characteristics of the user's discharge. The four types of wastewater discharge permits are:
(a) 
Class I – Wastewater discharge (WD) permit;
(b) 
Class II – Wastewater discharge (WD) permit;
(c) 
Class III – Wastewater discharge (WD) permit;
(d) 
Class IV – Special wastewater discharge (SWD) permit.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
Wastewater discharge permits issued under this chapter are for a specific user, for a specific operation at a specific location. Wastewater discharge permits shall not be transferred for an operation at a different location.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a) 
Upon the sale or transfer of ownership of any business operating under a wastewater discharge permit issued by the CLB, the user shall notify the CLB in writing prior to the change of ownership. The successor owner shall be required to apply for a new wastewater discharge permit prior to the sale or transfer of ownership.
(b) 
In the event that the original owner fails to notify the CLB of the sale or transfer of ownership then said original owner may be jointly liable for any charges incurred by the new owner.
(c) 
This does not relieve the new owner of any liability for noncompliance with any federal, state, or local regulations or the provisions of this chapter.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
New users or existing users that expand operations that require substantial sewerage facility capacity may be subject to an excess capacity facilities fee in an amount and method to be determined solely by the CLB on a case-bycase basis.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
Wastewater discharge permits for users located outside of the CLB's service area, but tributary to the CLB's sewerage facilities, shall only be issued after approval by the CLB. Inspection and sampling of the user's discharge to determine compliance with discharge regulations will be made under a coordinated plan developed by SOCWA, the CLB, and the local sewering agency. The more stringent discharge regulations and effluent limitations of affected agencies shall apply to the user. The fees for use shall be determined by the CLB, and shall be set forth in an interjurisdictional agreement.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
To provide for the equitable use of sewerage facilities, the CLB shall have the right to require a user to provide all information necessary to maintain compliance with the provisions of this chapter, including treatability studies to determine whether the wastewater would be compatible with all sewerage facilities. This information shall include, but is not limited to, the following:
(a) 
Wastewater discharge flow rates, peak flow rates and volume over any period of time;
(b) 
Physical, chemical or bacteriological analysis of wastewater;
(c) 
Information on raw materials, processes and products;
(d) 
Quantity, disposition and waste manifests of specific liquids, sludge, oil, solvent or other materials;
(e) 
Details of any pretreatment equipment;
(f) 
Details of systems to prevent and control the loss of material through spills and slug discharges;
(g) 
Review of all types of water bills.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
All user information and data on file shall be available to the public and governmental agencies without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the CLB that the release of such information would divulge information, processes of methods which would be detrimental to the user's competitive position. The demonstration of the need for confidentiality made by the user must meet the burden necessary for withholding such information from the general public under applicable state and federal law. Any such claim must be made at the time of submittal of the information by marking "Confidential Business Information" on each page containing such information within the submittal. Information which is demonstrated to be confidential shall not be transmitted to any governmental agency without prior notification to the user. Information concerning wastewater quality and quantity shall not be recognized as confidential information and shall be available to the public without reservation.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
No user requiring a Class I WD permit shall discharge wastewater without obtaining a Class I WD permit. A Class I user, as determined by the BLB, proposing to discharge directly or indirectly into a sewerage facility shall obtain a WD permit by filing an application and paying any applicable fees before discharging.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
No user requiring a Class II WD permit shall discharge wastewater without obtaining a Class II WD permit. A Class II user, as determined by the CLB, proposing to discharge directly or indirectly into a sewerage facility shall obtain a WD permit by filing an application and paying any applicable fees before discharging.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
No user requiring a Class III WD permit shall discharge wastewater without obtaining a Class III WD permit. A Class III user, as determined by the CLB, proposing to discharge directly or indirectly into a sewerage facility shall obtain a WD permit by filing an application and paying any applicable fees before discharging.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a) 
No user requiring a Class IV SWD permit shall discharge wastewater without obtaining a Class IV SWD permit. A Class IV user, as determined by the CLB, proposing to discharge directly or indirectly into a sewerage facility shall obtain a SWD permit by filing an application and paying any applicable fees before discharging.
(b) 
The SWD permit may be issued when no alternative method of disposal is reasonably available or to mitigate an environmental risk or health hazard.
(c) 
A user proposing to discharge urban nuisance water may be issued a nuisance special wastewater discharge (NSWD) permit only after they have completed the requirements contained in the CLB and SOCWA "Nuisance Flow Diversion Policy."
(d) 
A user proposing to discharge trucked or hauled wastes may be issued a hauled special wastewater discharge (HSWD) permit only after they have completed all requirements set forth by the CLB on a case by case basis. All trucked or hauled waste users shall comply with the terms, conditions and limitations set forth in a HSWD permit as determined by the CLB to be necessary to protect sewerage facilities. A trucked or hauled waste user proposing to discharge waste into a CLB or SOCWA sewerage facility may be required to obtain both a valid Orange County Health Department permit (where applicable) and a HSWD permit prior to any discharge.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a) 
At the sole discretion of the CLB, any user that is considered to have wastewater of no concern discharging to sewerage facilities may be classified as an NIWD user and issued an NIWD form.
(b) 
Any user that has had a Class I, II, or III WD permit that no longer has a discharge containing noncompatible wastes to the CLB's sewerage facilities may be classified as an NIWD user and issued an NIWD form.
(c) 
The main functions of the NIWD form are to assist in maintaining the CLB's user survey data base and to track and verify by inspection any user that is considered to have wastewater of no concern discharging to sewerage facilities.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a) 
Users required to obtain a WD permit shall complete and file with the CLB, prior to commencing discharge, if applicable, an application on a form prescribed by the CLB.
(b) 
Users seeking a WD permit may be required to submit, in unit and terms appropriate for evaluation, the following information:
(1) 
Name, address of the site, NAICS numbers (if applicable), and a description of the manufacturing process or service activity;
(2) 
Name, address of any and all (whichever is applicable) principals/owners/major share holders of company; articles of incorporation; most recent report of the Secretary of State; and business license;
(3) 
Flow, volume, time, duration and types of wastewater to be discharged;
(4) 
Name, address and contact information of the individual who shall serve as the CAR;
(5) 
Name and address of property owner, landlord or manager of the property;
(6) 
Water supplier and water account numbers;
(7) 
Wastewater constituents and characteristics as required or deemed necessary by the CLB, including, but not limited to, those mentioned in this chapter. These constituents and characteristics shall be determined by a laboratory of the discharger approved by the CLB;
(8) 
Number of employees and average hours of work per employee per day;
(9) 
Waste minimization, best management practices and water conservation practices;
(10) 
All production records, if applicable;
(11) 
Waste manifests, if applicable;
(12) 
Tons of cooling tower capacity, if applicable;
(13) 
List of other environmental control permits and EPA hazardous waste generator number, if applicable;
(14) 
Application signed by the CAR of the user and contains the certification statement in Section 17.30.351;
(15) 
Any other information as specified.
(c) 
Users may be required to submit site, floor, mechanical, plumbing, toxic organic management, and spill containment plans for evaluation.
(d) 
After evaluation of the data furnished, the CLB may issue a WD permit, a NIWD form or other control mechanism subject to the terms and conditions set forth in this chapter and as otherwise determined by the city manager to be necessary to protect sewerage facilities.
(e) 
The WD permit application may be denied if the user fails to establish to the CLB's satisfaction that adequate pretreatment equipment is included within the user's plans to ensure that the discharge limits will be met or if the user has, in the past demonstrated an inability to comply with applicable discharge limits or has in the past demonstrated an inability to keep current with invoices for items such as WD permit fees, noncompliance fees, civil penalties, administrative civil penalties or charge for use.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a) 
Users required to obtain a SWD permit shall complete and file with the CLB, prior to commencing discharge, if applicable, an application on a form prescribed by the CLB.
(b) 
Users seeking a SWD permit may be required to submit, in unit and terms appropriate for evaluation, the following information:
(1) 
Name, address and a description of the wastewater to be discharged;
(2) 
Name, address and contact information of the individual who shall serve as the CAR;
(3) 
Volume, time and duration of wastewater to be discharged;
(4) 
Construction and plumbing plans, if applicable;
(5) 
Detailed analysis of the alternative for wastewater disposal, if applicable;
(6) 
Wastewater constituents and characteristics as required or deemed necessary by CLB. Including but not limited to, those mentioned in this chapter. These constituents and characteristics shall be determined by a laboratory selected by the user acceptable to the CLB;
(7) 
Any other data as specified.
(c) 
Users may be required to submit site, mechanical, plumbing, toxic management, and spill containment plans for evaluation, if applicable.
(d) 
After evaluation of the information furnished, the CLB may issue a SWD permit or other control mechanism subject to the terms and conditions set forth in this chapter and as otherwise determined by the city manager to be necessary to protect sewerage facilities.
(e) 
In the case of diverted urban nuisance water, after evaluation of the information furnished, the CLB may issue a NSWD permit, subject to the terms and conditions set forth in this chapter and the "Nuisance Flow Diversion Policy" as otherwise determined by the city manager to be necessary to protect sewerage facilities.
(f) 
The SWD permit application may be denied if the user fails to establish to the CLB's satisfaction that adequate pretreatment equipment is included within the user's plans to ensure that the discharge limits will be met or if the user has, in the past demonstrated an inability to comply with applicable discharge limits or has in the past demonstrated an inability to keep current with invoices for item such as SWD permit fees, noncompliance fees, civil penalties, administrative civil penalties or charges for use.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a) 
Users meeting the criteria for a NIWD form may be asked to complete and file with the CLB an application on a form prescribed by the CLB.
(b) 
Information on users that meet the criteria for a NIWD form may be obtained solely by the CLB during site inspections or by other means.
(c) 
After evaluation of the data furnished by the user or from information collected solely by the CLB an NIWD form may be issued.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a) 
All wastewater discharge permits shall be expressly subject to all terms, conditions, and limitations of this chapter, other regulatory agencies, best management practices, charges for use, and fees established by the CLB. The terms, conditions and limitations in a wastewater discharge permit are subject to enforcement by the CLB in accordance with this chapter, and applicable state and federal regulations. Any wastewater discharge permit violation shall be a violation of this chapter.
(b) 
The terms, conditions and limitations of any issued wastewater discharge permit may be subject to modification and changes by the CLB during the life of the wastewater discharge permit based on:
(1) 
The discharger's current or anticipated operating data;
(2) 
The CLB's current or anticipated operating data;
(3) 
Changes in the requirements of regulatory agencies.
(c) 
Users may request a modification to the terms, conditions and limitations of an issued wastewater discharge permit. The request shall be in writing stating the requested change, and the reasons for the change. The CLB shall review the request, make a determination and respond in writing. A request for a wastewater discharge permit modification does not relieve a user from complying with its existing wastewater discharge permit terms, conditions and limitations.
(d) 
Any changes to the terms, conditions or limitations in a wastewater discharge permit shall include a reasonable time schedule for compliance where allowed under applicable federal, state and local law.
(e) 
A wastewater discharge permit may contain any of, but is not limited to, the following terms, conditions and limitations:
(1) 
Effluent limitations, including mass emission rates, concentration limits or best management practices based on applicable pretreatment standards for regulating pollutants;
(2) 
Discharge limits based upon the combined waste stream formula (CWF);
(3) 
Limits on rate and time of discharge or requirements for flow regulation and equalization;
(4) 
Requirements for the user to make notification in writing prior to the physical expansion or any change to any wet processes. Notification is also required in the event of changes in production if production-based limits are being applied;
(5) 
Requirements for the user to construct and maintain, at the user's own expense, pH control, flow monitoring or sampling equipment and/or structures;
(6) 
Requirements for submission of technical reports, discharge reports and waste manifests;
(7) 
Location of sampling point(s) and the requirements to self-monitor;
(8) 
Requirements for maintaining plant records relating to wastewater discharge and waste manifests as specified by the CLB;
(9) 
Predetermined rates or values for wastewater strength characteristics;
(10) 
Requirements to submit copies of water bills;
(11) 
Other provisions which may be applicable to ensure compliance with this chapter;
(12) 
Other terms, conditions and limitations determined by the CLB to be necessary to protect sewerage facilities;
(13) 
Predetermined rate or value for BOD and suspended solids;
(14) 
Requirements for notification of bypass discharges;
(15) 
Requirements for notification of any new introduction of wastewater constituents or any substantial change in the volume or character of wastewater constituents;
(16) 
Requirements to meet compliance schedules;
(17) 
Requirements for the user to control slug discharges by developing and implementing a slug discharge control plan if determined by the CLB to be necessary as described in 40 CFR 403.8(f)(1)(iii)(B)(6);
(18) 
Requirements for the user to control toxic organic discharges by developing and implementing a toxic organic management plan if determined by the CLB to be necessary.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
All wastewater discharge permits shall not exceed a duration of five years. Any wastewater discharge permit may be issued for a shorter period of time at the sole discretion of the CLB.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a) 
The user may file a new application prior to the expiration date of any existing wastewater discharge permit for renewal.
(b) 
Discharge after the termination date of a wastewater discharge permit is prohibited, except:
(1) 
If the user filed a timely renewal application which is complete; and
(2) 
The CLB, through no fault of the user, does not issue a new wastewater discharge permit with an effective date on or before the expiration date of the previous wastewater discharge permit.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a) 
The CLB reserves the right to establish, by ordinance, or by wastewater discharge permit or by best management practices or other control mechanism more stringent standards or requirements on the discharge of users to sewerage facilities.
(b) 
The terms, conditions and limitations contained in any wastewater discharge permit, best management practices or other control mechanism may be modified by the CLB at any time. This modification shall be by written notification to the user.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)