This chapter shall be known as the "City of Encinitas Industrial
Wastewater Pretreatment Ordinance."
(Ord. 95-16)
The purpose of this chapter is to provide for the maximum beneficial
public use of the City's wastewater system through adequate regulation
of sewer construction, sewer use, and industrial wastewater discharge,
to provide for equitable distribution of the City's costs, and to
provide procedures for complying with wastewater discharge requirements
placed upon the City by Encina Wastewater Authority, and other regulatory
bodies.
This chapter shall be interpreted in accordance with the definitions
set forth herein and the provisions of this chapter shall apply to
the direct or indirect discharge of all waste into the City's sewer
system. This chapter provides for the regulation of sewer construction
in areas within the former Encinitas Sanitary District boundaries,
the quantity and quality of discharged wastes, the degree of wastewater
pretreatment required, provision for fees and charges, the issuance
of permits for industrial wastewater discharge, and the establishment
of penalties for violation of the ordinance codified in this chapter.
The City of Encinitas is a member of the Encina Wastewater Authority
and therefore has adopted the Encina Wastewater Authority's Pretreatment
Ordinance. No user shall contribute or cause to be contributed, directly
or indirectly, any such influent that is inconsistent with the Encina
Wastewater Authority's Pretreatment Ordinance, on file in the Office
of the City Clerk of the City of Encinitas, and any amendments thereto.
In the event of any inconsistencies between regulations approved by
Encina Wastewater Authority, the City Council and other regulations
adopted by the City, the more restrictive regulations shall apply.
No user shall contribute or cause to be contributed, directly
or indirectly, any such influent that is inconsistent with the Encinitas
Municipal Code sections on pretreatment, on file in the Office of
the City Clerk, and any amendments thereto. In the event of any inconsistencies
between regulations approved by the City of Encinitas Municipal Code
sections on pretreatment, and San Elijo Joint Powers Authority, and
other regulations adopted by the City, the more restrictive regulations
shall apply.
(Ord. 2002-05)
No person shall connect to or otherwise discharge, or cause
to be discharged into the sewer system of the City, any industrial
waste unless the City Engineer determines that such discharge meets
the industrial waste discharge standards established by the rules
or regulations adopted as herein provided, in which case no industrial
waste permit shall be required. If the discharge does not meet the
industrial waste discharge standards established by this title, then
an industrial waste discharge permit is required.
Industrial wastewater permits may be co-issued by the City and
the Encina Wastewater Authority or by the City and San Elijo Joint
Powers Authority, according to this Code and Encina Wastewater Authority
or San Elijo Joint Powers Authority regulations. No person shall discharge
or cause to be discharged any industrial wastewaters directly or indirectly
to sewerage facilities without first obtaining a permit for industrial
wastewater discharge. The permit for industrial wastewater discharge
may require pretreatment of industrial waste before discharge, restriction
of peak flow discharges, prohibition of discharge of certain waste
components, restriction of discharge to certain hours of the day,
payment of additional charges to defray increased costs created by
the waste discharge, and such other conditions as may be required
to effectuate the purpose of this chapter.
No permit shall be issued to any person to discharge industrial
waste into the sewer system of the City 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 or be otherwise detrimental or injurious to such
systems or either of them, and unless the applicant has complied with
all state, federal, and local laws and with all the provisions of
this Code and with all applicable rules and regulations adopted as
provided for in this title.
(Ord. 2002-05)
Fees may be charged by the City for industrial wastewater discharge
permits, for both the issuance of original permits and renewals.
In the event the City Engineer determines that pretreatment
is required to make the waste acceptable, the applicant shall be so
notified and shall submit suitable engineering plans and specifications
showing in detail the proposed pretreatment facilities and pretreatment
operational procedures which shall be included within and become a
part of the original application. A permit shall not be issued until
such plans, specifications and operational procedures have been reviewed
and approved by the City Engineer.
When required by the City Engineer, the owner of any property
served by a building sewer carrying industrial wastewater shall install
monitoring and recording equipment, and a suitable control access
hole in the building sewer to facilitate observation, sampling and
measurement of the wastes. Such access hole shall be readily accessible
and safely located, and shall be constructed in accordance with plans
by the City Engineer. The access hole shall be installed and maintained
by the owner at the owner's expense. If no special access hole is
available, the sampling location shall be determined by the City Engineer,
which may be the nearest downstream utility hole from the point at
which the building sewer is connected.
All industrial users shall be subject to self-monitoring and
reporting requirements. The requirements for each applicable user
shall be determined by the City Engineer and included in the user's
discharge permit.
Information and data provided by an industrial user identifying
the nature and frequency of a discharge shall be available to the
public without restriction. Any information or data which is submitted
or which may be furnished by a user in connection with required periodic
reports shall also be available to the public unless the user or other
interested person specifically identifies and is able to demonstrate
to the satisfaction of the City Engineer that the disclosure of such
information or a particular part thereof to the general public would
divulge methods or processes entitled to protection as trade secrets.
The City Engineer shall be empowered to revise discharge permit
requirements to comply with evolving federal, state, and local laws.
Permit revisions or modifications shall not be inconsistent with applicable
federal pretreatment standards.
Any permit issued in accordance with the provisions of this
chapter shall be valid for a specified period, and is not transferable
unless such permit is revoked or suspended as provided in this title
and in the rules and regulations adopted pursuant thereto.
The City Engineer may revoke or suspend the permit issued to
any person in the event of a violation by the permittee of any provision
of any applicable state, federal or local laws or this chapter or
of any of the rules and regulations adopted in the manner provided
for herein. The City Engineer, in accordance with the law, may disconnect
from the public sewer any connection to a sewer, main line sewer,
or other facility which is constructed, connected or used without
a permit, or constructed, connected or used contrary to any of the
provisions of any applicable federal, state, or local law or this
chapter or the rules and regulations adopted as provided for in this
chapter. When a premises has been disconnected, it shall not be reconnected
until the violation for which it was disconnected has ceased or been
remedied and a reasonable charge for such disconnection and reconnection,
as established by the City Engineer, has been paid.
The City Engineer shall give not less than five days notice
of intention to disconnect the premises or to suspend or revoke a
permit, stating the reasons therefor, and may grant a reasonable time
for elimination of the violation; provided, however, that if the City
Engineer determines that the danger is imminent and such action is
necessary for the immediate protection of the health, safety or welfare
of the persons or property or for the protection of the sewer system,
any premises may be disconnected and service terminated concurrently
with the giving of such notice. Notice shall be given to the occupant
of the premises, if any, and to the record owner of the property as
shown upon the last equalized assessment roll of the County of San
Diego by United States mail, registered or certified, return receipt
requested, or by posting such notice on the premises.
The City Engineer is charged with the duty of enforcing the
provisions of this chapter and the rules and regulations adopted as
provided in this chapter. The City Engineer and the City/Encina Wastewater
Authority's duly authorized agents and employees are authorized and
shall be permitted to enter upon all properties at all reasonable
times, and during operating hours of businesses for the purpose of
inspection, observation, measurement, sampling, testing, or other
reasons to assure the enforcement and proper application of all the
provisions, rules and regulations as provided in this chapter.