All dischargers shall be classified for wastewater disposal purposes in accordance with the principal activity conducted upon the premises, as determined by the District. The purpose of classification is to facilitate the regulation of wastewater dischargers based on quality, quantity, and flow, to provide an effective means of industrial waste source control, and to establish a system of wastewater disposal service charges based upon flow and waste strength.
It shall be unlawful to discharge wastewater into the District’s wastewater system except as authorized by the General Manager in accordance with the provisions of these regulations.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 13, Ord. 100, 05-04-1993; § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
All dischargers, other than residential, whose wastewater requires special regulation or contains industrial wastes requiring source control shall secure a wastewater discharge permit (either individual or general permit). This includes dischargers classified as significant industrial users, intermediate users, minor users or any other discharger the General Manager shall require to obtain a discharge permit.
(a) 
At the discretion of the General Manager, the General Manager may use general permits to control significant industrial user discharges to the District’s wastewater system if the following conditions are met. All facilities to be covered by a general permit must:
(1) 
Involve the same or substantially similar types of operations;
(2) 
Discharge the same types of wastes;
(3) 
Require the same effluent limitations;
(4) 
Require the same or similar monitoring; and
(5) 
In the opinion of the General Manager, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
(b) 
To be covered by the general permit, the significant industrial user must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with Section 6408(b) of this Code for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the District deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the General Manager has provided written notice to the significant industrial user that such a waiver request has been granted in accordance with Section 6408(b) of this Code.
(c) 
The General Manager will retain a copy of the general permit, documentation to support the District’s determination that a specific significant industrial user meets the criteria in subsections (a)(1) to (5) of this section and applicable State regulations, and a copy of the user’s written request for coverage for three years after the expiration of the general permit.
(d) 
The General Manager may not control a significant industrial user through a general permit where the facility is subject to production based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for industrial users whose limits are based on the combined waste stream formula (Section 6204(a) of this Code) or net/gross calculations (Section 6204(b) of this Code).
(Added, § 1, Ord. 88, 07-03-1990; amended, § 14, Ord. 100, 05-04-1993; § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
Any discharger classified as a significant industrial user proposing to connect to or to contribute to the District wastewater system shall make application for a waste-water discharge permit at least 90 days prior to connecting to or contributing to the system. Any existing significant industrial users connected to or contributing to the system shall apply for a wastewater discharge permit within 90 days after the effective date of these regulations. Any existing significant industrial users connected to or contributing to the system and having a current wastewater discharge permit shall be required to obtain a new permit upon the expiration of the existing permit.
Any other discharger (classified as an intermediate or minor user) required or who may be required to obtain a wastewater discharge permit shall complete and file with the District an application in the form prescribed by the District and accompanied by an appropriate fee as set forth in Section 6303 of this Code. Any proposed new user shall apply at least 90 days prior to connecting to or contributing to the District’s wastewater system. Any existing user (except one with a current permit) shall apply for a wastewater discharge permit within 90 days after the effective date of these regulations. Any existing users connected to or contributing to the system and having a current wastewater discharge permit shall obtain a new permit upon the expiration of the existing permit.
Any new user shall arrange for an authorized District representative to conduct a walk-through site inspection of the user’s facilities during the 90-day period prior to connecting to the District’s wastewater system. A new user shall submit to the District within 30 days after commencement of discharge to the system, an analysis of such discharge delineating wastewater constituents and characteristics including but not limited to those mentioned in Section 6206 of this Code as determined by a certified analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA contained in 40 CFR Part 136, as amended.
The General Manager may require users to submit all or some of the following information as part of a permit application:
(a) 
Identifying information such as facility name, address, owner, operator, and contact information;
(b) 
Estimated wastewater strength, estimated wastewater flow, and average and peak wastewater discharge flow for each side sewer;
(c) 
Locations of all sewers, sampling points, and pretreatment facilities;
(d) 
Description of Operations.
(1) 
Description of activity, facilities, and plant process on the premises, including raw materials, processes and types of materials which are or could be discharged;
(2) 
Total product produced, by type, average rate of production, standard industrial classifications of the operations, include schematic process diagram;
(3) 
Number and type of personnel and hours of operation;
(e) 
Environmental permits held by the facility;
(f) 
The location for monitoring all wastes covered by the permit and time and duration of discharges;
(g) 
Flow measurement and measurement of pollutants;
(h) 
Measurement of Pollutants.
(1) 
The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
(2) 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the General Manager, of regulated pollutants in the discharge from each regulated process.
(3) 
Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
(4) 
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 6210 of this Code. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the General Manager or the applicable standards to determine compliance with the standard.
(5) 
Sampling must be performed in accordance with procedures set out in Section 6210 of this Code;
(i) 
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present not expected to be present in the discharge based on 40 CFR 403.12(e)(2);
(j) 
Any request to be covered by a general permit; and
(k) 
Any other information the District shall deem necessary to evaluate the permit application.
The District will evaluate the data furnished by the discharger and may require additional information. After evaluation and approval of the data furnished, the General Manager may issue a wastewater discharge permit subject to terms and conditions as provided herein or as deemed necessary by the General Manager.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 15, Ord. 100, 05-04-1993; § 1, Ord. 162, 07-01-2014; § 1, Ord. 169, 05-03-2016; § 1, Ord. 178, 06-05-2018)
The General Manager may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) 
To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;
(b) 
To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
(c) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) 
Information indicating that the permitted discharge poses a threat to the District’s wastewater system, District personnel, or the receiving waters;
(e) 
Violation of any terms or conditions of the wastewater discharge permit;
(f) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(h) 
To correct typographical or other errors in the wastewater discharge permit; or
(i) 
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 6406 of this Code.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 16, Ord. 100, 05-04-1993; § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
Wastewater discharge permits shall be expressly subject to all provisions of this Code and all other applicable regulations, charges and fees established by the District. Permits may contain the following:
(a) 
A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(b) 
A statement that the wastewater discharge permit is nontransferable without prior notification to the District in accordance with Section 6406 of this Code, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) 
The unit charge or schedule of charges and fees for the wastewater to be discharged to the District’s collection system;
(d) 
Effluent limits, including best management practices, based on applicable pretreatment standards;
(e) 
Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(f) 
Requirements for installation and maintenance of inspection and sampling facilities;
(g) 
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules;
(h) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedules;
(i) 
Requirements for submission of technical reports or discharge reports;
(j) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the District and affording District access thereto;
(k) 
Requirements for notification of the District of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the District wastewater system;
(l) 
Requirements for notification of slug discharges (defined in Section 6101(ax) of this Code);
(m) 
Requirements for protection from accidental discharges;
(n) 
Requirements to control slug discharge, if determined by the District to be necessary;
(o) 
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 6408(g) of this Code. Any grant of the monitoring waiver by the General Manager (Section 6408(g) of this Code) must be included as a condition in the user’s permit;
(p) 
A statement that compliance with the individual wastewater discharge permit or the general permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit;
(q) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(r) 
Other conditions as deemed appropriate by the District to ensure compliance with these regulations.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 17, Ord. 100, 05-04-1993; § 1, Ord. 178, 06-05-2018)
A wastewater discharge permit shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years and will indicate a specific date upon which it will expire. A user with an expiring wastewater discharge permit shall apply for permit reissuance, by submitting a complete permit application, a minimum of 60 days prior to the expiration of the user’s existing permit.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
A wastewater discharge permit is issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred to or sold to a new user, different premises, or a new or changed operation without the approval of the District. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the General Manager a report containing the information described in Sections 6402(g) and (h) and 6409(b)(2) of this Code. For users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 6204 of this Code, this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 6411(a) of this Code. All sampling will be done in conformance with Section 6210 of this Code.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
(a) 
Except as specified in subsection (h) of this section, all significant industrial users must, at a frequency determined by the General Manager, submit no less than twice per year (June and December, or on dates specified) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the General Manager or the pretreatment standard necessary to determine the compliance status of the user. At the discretion of the General Manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the General Manager may agree to alter the months during which the above reports are to be submitted.
(b) 
The District may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases, the report required under subsection (a) of this section shall indicate the mass of pollutants regulated by the applicable pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the General Manager, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the EPA and contained in 40 CFR Part 136, as amended, on file at the District office.
(c) 
This sampling and analysis may be performed by the District in lieu of the significant noncategorical industrial user.
(d) 
All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(e) 
All periodic compliance reports must be signed and certified in accordance with Section 6411(a) of this Code.
(f) 
If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by General Manager, using the procedures prescribed in Section 6210 of this Code, the results of this monitoring shall be included in the report.
(g) 
The District may authorize an industrial user subject to a categorical pretreatment standard to forgo sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:
(1) 
The waiver may be authorized where a pollutant is determined to be present solely due to wastewater discharged from the facility; provided, that the wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
(2) 
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 6402(i) of this Code.
(3) 
In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
(4) 
The request for a monitoring waiver must be signed in accordance with Section 6101(d) of this Code, and include the certification statement in Section 6411(c) of this Code (40 CFR 403.6(a)(2)(ii)).
(5) 
Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(6) 
Any grant of the monitoring waiver by the General Manager must be included as a condition in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the General Manager for three years after expiration of the waiver.
(7) 
Upon approval of the monitoring waiver and revision of the user’s permit by the General Manager, the industrial user must certify on each report with the statement in Section 6411(c) of this Code that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8) 
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately: comply with the monitoring requirements of subsection (a) of this section, or other more frequent monitoring requirements imposed by the General Manager, and notify the General Manager.
(9) 
This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(h) 
The District may reduce the requirement for periodic compliance reports (see subsection (a) of this section) to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the State, where the industrial user’s total categorical wastewater flow does not exceed any of the following:
(1) 
0.01 percent of the District’s treatment plant design dry-weather hydraulic capacity, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;
(2) 
0.01 percent of the District’s treatment plant design dry-weather organic treatment capacity; and
(3) 
0.01 percent of the District’s treatment plant maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed.
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in Section 6508 of this Code. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the General Manager, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 18, Ord. 100, 05-04-1993; § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
(a) 
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the District’s wastewater system shall submit to the General Manager a report which contains the information listed in subsection (b) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the General Manager a report which contains the information listed in subsection (b) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b) 
Users described above shall submit the information set forth below.
(1) 
All information required in Section 6402(a), (d), (e), and (g).
(2) 
Measurement of Pollutants.
(i) 
The user shall provide the information required in Section 6402(h) of this Code;
(ii) 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection;
(iii) 
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority;
(iv) 
Sampling and analysis shall be performed in accordance with Section 6210 of this Code;
(v) 
The General Manager may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
(vi) 
The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the District’s wastewater system.
(3) 
Compliance Certification. A statement, reviewed by the user’s authorized representative as defined in Section 6101(d) of this Code and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(4) 
Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 6410 of this Code.
(5) 
Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 6411(a) of this Code and signed by an authorized representative as defined in Section 6101(d) of this Code.
(Added, § 1, Ord. 178, 06-05-2018; amended, § 1, Ord. 184, 04-07-2020)
The following conditions shall apply to the compliance schedule required by Section 6409(b) of this Code:
(a) 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(b) 
No increment referred to above shall exceed nine months;
(c) 
The user shall submit a progress report to the General Manager no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
(d) 
In no event shall more than nine months elapse between such progress reports to the General Manager.
(Added, § 1, Ord. 178, 06-05-2018)
(a) 
The reports cited in Sections 6407, 6408 and 6409 of this Code, and as required in 40 CFR 403.12(1), all wastewater discharge permit applications, user reports, reports on compliance with categorical pretreatment standards deadline (90-day compliance report) (40 CFR 403.12(b)), periodic compliance reports (40 CFR 403.12(d)(e)), and initial request from users to forgo monitoring for pollutants not present must be signed and certified by an authorized representative of the industrial user. The certification statement must be:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(b) 
Annual Certification for Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by the General Manager pursuant to Section 6101(aw)(3) of this Code must annually submit the following certification statement signed in accordance with the signatory requirements in Section 6101(d) of this Code. This certification must accompany an alternative report required by the General Manager:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR_____, I certify that, to the best of my knowledge and belief that during the period from ________, _____to_____, _____ [months, days, year]:
(1) 
The facility described as ___________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in 40 CFR 403.3(v)(2)
(2) 
The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
(c) 
Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 6408(g) of this Code must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user:
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _____[specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____[list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under 40 CFR 403.12(e)(2)(v).
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
[1]
Previously 6409.
The District may require to be provided and operated, at the user’s expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user’s premises, but the District may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
If the monitoring facility is inside the user’s fence, there shall be accommodations to allow access for District personnel, such as a gate secured with a District lock. There shall be ample room in or near such sampling maintenance hole to allow accurate sampling and compositing of samples for analysis. The maintenance hole, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the District requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the District.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018; § 1, Ord. 204, 05-06-2025)
[1]
Previously 6410.
The District has the right of inspection of the facilities of any user to ascertain whether the purpose of these regulations is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged into the District wastewater system shall allow the District or its authorized District representative ready access at all times to all parts of the premises for the purposes of inspection, sampling, analysis, records examination, or in the performance of any of their duties. The District, Regional Water Quality Control Board, and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the District, Regional Water Quality Control Board, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(a) 
Repeat Sampling and Reporting. If sampling by a user indicates a violation, the user must notify the General Manager within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the General Manager within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the District performs sampling at the user’s facility at least once a month, or if the District performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the District receives the results of this sampling, or if the District has performed the sampling and analysis in lieu of the industrial user.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 19, Ord. 100, 05-04-1993; § 1, Ord. 169, 05-03-2016; § 1, Ord. 178, 06-05-2018)
[1]
Previously 6411.
A user shall provide necessary wastewater treatment as necessary to comply with these regulations and shall achieve compliance with all national pretreatment standards within the time limitations as specified by the Federal pretreatment standards. The District may require pretreatment of any industrial waste which the District determines is necessary in order to meet standards established by the Federal or State or other regulatory agencies or which the District, at its sole discretion, determines is necessary in order to protect the treatment plant or its proper and efficient operation or the health and safety of District personnel or the environment and the prevention of the entry of such industrial waste into the District’s collection system and treatment plant. Should acceptance of any industrial waste require any supplementary treatment plants, facilities, equipment or operations, the District may require payment of the resulting excess costs from the responsible discharger. Any facilities required to pretreat wastewater to a level acceptable to the District shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the District for review and shall be acceptable to the District before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the District under the provisions of these regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the District prior to the user’s initiation of the changes.
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA, Regional Water Quality Control Board, or District.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 20, Ord. 100, 05-04-1993; § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
[1]
Previously 6412.
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections and sampling shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the District that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
When requested by the person or user furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to these regulations, the National Pollutant Discharge Elimination System (NPDES) permit and/or the pretreatment program established by these regulations; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person or user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by the District as confidential shall not be transmitted to any governmental agency, except the EPA, or to the general public by the District until and unless a 10-day notification is given to the user.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
[1]
Previously 6413.
The user shall retain and preserve for no less than three years any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to best management practices, monitoring, sampling and chemical analyses made by or on behalf of the user in connection with its discharge of pollutants into the District wastewater system. Records shall be made available for inspection and copying by authorized District representatives, the Regional Water Quality Control Board, or the EPA. All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the District shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 169, 05-03-2016; § 1, Ord. 178, 06-05-2018)
[1]
Previously 6414.
User charges may be applied against the total amount of water used from all sources unless, in the opinion of the District, significant portions of water received are not discharged to the District wastewater system. The total amount of water used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the District.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
[1]
Previously 6415.
For a user where, in the opinion of the District, a significant portion of the water received from any metered source does not flow into the District wastewater system because of the principal activity of the user or removal by other means, the user charges will be applied against the volume of water discharged from such premises into the system. Written notification and proof of the diversion of water must be provided by the user if the user is to avoid the application of the user charges against the total amount of water used from all sources. The user may install a meter of a type and at a location approved by the District and at the user’s expense. Such meters may measure either the amount of wastewater discharged or the amount of water diverted. Such meters shall be tested for accuracy at the expense of the user when deemed necessary by the District.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
[1]
Previously 6416.
(a) 
Users without Source Meters. For a user where, in the opinion of the District, it is unnecessary or impractical to install a meter, the quantity of wastewater may be based upon an estimate prepared by the District. This estimate shall be based upon a rational determination of the wastewater discharged and may consider such factors as the number of fixtures, seating capacity, population equivalent, annual production of goods and services, or such other determinants of water use necessary to estimate the wastewater volume discharged.
(b) 
Users with Source Meters. For a user who, in the opinion of the District, diverts a significant portion of its flow from a community sewer, the user charges may be based upon an estimate of the volume to be discharged; provided the user obtains a wastewater discharge permit and pays the applicable charges and fees. The estimate must include the method and calculations used to determine the wastewater volume and may consider such factors as the number of fixtures, seating capacity, population equivalents, annual production of goods and services, or such other determinations of water use necessary to estimate the wastewater volume discharged.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
[1]
Previously 6417.
Any new or increased discharge of pollutants, or changes in the nature of pollutants, to the District wastewater system by any industrial user must be approved by the District prior to the changed discharge. A written request for and description of the change must be signed by an authorized representative for the industrial user and submitted to the General Manager.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
[1]
Previously 6418.
(a) 
Except as provided in subsection (b) of this section, all building sewers for existing buildings, including but not limited to those serving residential, multiple residential, commercial, and industrial properties that are connected to the public sewer, shall be cleaned and pass a CCTV inspection as reviewed by an authorized District Inspector, and at the property owner’s expense, when any of the following events occur:
(1) 
To properties prior to the close of escrow of the sale or, if there is no escrow, prior to recording the deed or the document transferring the title.
(2) 
When CVSan finds that unpermitted building sewer work exists at the building or property.
(3) 
When CVSan finds that the building sewer is a public nuisance.
(b) 
Exceptions. This Section shall not apply:
(1) 
To properties that have a valid compliance certificate.
(2) 
To properties with a connection or capacity permit approved by District staff showing that the building was originally constructed 30 years or less before the anticipated date of sale.
(3) 
To properties undergoing transfer to a financial stake holder due to foreclosure.
(4) 
To properties undergoing inter-family transfer.
(Added, § 1, Ord. 179, 09-04-2018; amended, § 1, Ord. 183, 09-03-2019)
(a) 
All building sewer inspections shall be reviewed and approved by the District unless the property owner presents satisfactory proof to the District that the property has a valid compliance certificate or is eligible for a compliance certificate for that building sewer.
(b) 
The current property owner must obtain a CCTV inspection permit from the District prior to the CCTV inspection of the building sewer.
(c) 
The CCTV inspection permit is valid for one site visit and for one building sewer located on the property. Any additional building sewers located on the property will require an additional CCTV inspection permit.
(d) 
Prior to inspection, the building sewer shall be thoroughly cleaned.
(e) 
The current property owner must hire a contractor to perform the CCTV inspection.
(f) 
An authorized District Inspector must be present and witness the CCTV inspection. A CCTV inspection will not be reviewed by CVSan unless a District Inspector has witnessed the CCTV inspection.
(g) 
After the authorized District Inspector witnesses the CCTV inspection, the property owner or his agent shall submit a video recording of the building sewer inspection to the District for review.
(h) 
An inspection shall be valid for a period of 180 days from the date of the inspection. If a property owner fails to obtain a compliance certificate within 180 days after obtaining an inspection, the District may, in its discretion, require the property owner to obtain another inspection before issuing a compliance certificate.
(i) 
The District will maintain written procedures for CCTV inspections. The procedures shall be made available upon request.
(Added, § 1, Ord. 179, 09-04-2018; amended, § 1, Ord. 183, 09-03-2019; § 1, Ord. 184, 04-07-2020)
A property complies with the provisions of this Section and qualifies for a compliance certificate if the CCTV inspection verifies all the following conditions as approved by authorized District staff:
(a) 
The building sewer is free of roots, grease deposits, and other solids which may impede or obstruct the transmission of sewage.
(b) 
There are no improper or illegal connections to the building sewer such as sump pumps, down spouts, or area drainage facilities.
(c) 
All joints in the building sewer are tight and sound to prevent the exfiltration of sewage and the infiltration of groundwater, storm water, and/or rainwater.
(d) 
The building sewer is free of structural defects, cracks, breaks, or missing portions and the grade is reasonably uniform without major sags or offsets.
Upon completion of repairs to the building sewer, District staff may, at its discretion, require a post-CCTV inspection be conducted to verify the conditions set forth in this Section or other test parameters may be conducted for partial or full building sewer replacement as required by Section 3411 of this Code. A backwater prevention system (BPS) will be required to be installed if more than 50% of the building sewer has been repaired or replaced as required by Section 3807 of this Code.
All costs for inspections, tests, and repair or replacement of the building sewer shall be the responsibility of the building or property owner, including all additional permits prior to commencement of construction.
All work shall be done to the satisfaction of authorized District staff, in accordance with all State laws and all District ordinances, standard drawings, standard specifications, and regulations.
(Added, § 1, Ord. 179, 09-04-2018; amended, § 1, Ord. 183, 09-03-2019; § 1, Ord. 184, 04-07-2020)
The District shall review the final submitted inspection for compliance with this Chapter. When all conditions are met to the satisfaction of the District, the building sewer shall be certified as complying with the provisions of the District Code. The District shall thereupon issue a compliance certificate to the current property owner, noting that the building sewer serving the property has satisfied all requirements as provided in Section 6423 of this Code. Once a compliance certificate is issued, the building sewer for which the compliance certificate is issued shall not require inspection for a period as specified on the compliance certificate unless the District has reason to believe the building sewer is in a defective condition.
The compliance certificate shall not imply a warranty or guarantee of any kind.
(Added, § 1, Ord. 179, 09-04-2018; amended, § 1, Ord. 184, 04-07-2020)
(a) 
A compliance certificate obtained as a result of a full building sewer replacement shall be valid for 30 years from the approval date indicated on the sewer repair permit.
(b) 
A compliance certificate obtained as a result of a building sewer repair determined after CVSan staff reviewed the building sewer’s CCTV inspection shall be valid for 10 years from the approval date indicated on the sewer repair permit. A compliance certificate will not be issued for a building sewer repair if CVSan staff did not review the building sewer’s CCTV inspection.
(c) 
A compliance certificate obtained as a result of successfully passing the CCTV inspection without any repairs or work done on the building sewer shall be valid for 10 years from the close-out date indicated on the CCTV inspection permit.
(d) 
A compliance certificate obtained as a result of past work, prior to July 1, 2019, for full building sewer replacement shall be valid for 30 years from the approval date indicated on the sewer repair permit.
(e) 
A compliance certificate obtained as a result of past work, prior to July 1, 2019, for replacing at least 50 percent of the building sewer shall be valid for 10 years from the approval date indicated on the sewer repair permit.
(Added, § 1, Ord. 179, 09-04-2018; amended, § 1, Ord. 183, 09-03-2019)
(a) 
If a compliance certificate cannot be obtained before title transfer, the buyer or seller may obtain a time-extension permit from the District. The buyer or seller may make request to the District, in writing, for a time-extension permit of up to 180 days in which to perform the inspection and/ or repairs or replacement required by this Chapter.
(b) 
Time-extension permits are issued in connection with title-transfer transactions only.
(c) 
As a condition of issuance of a time-extension permit, a refundable deposit in the amount of $4,500 shall be made payable to the District.
(d) 
The owner of the time-extension permit shall bear the full cost of bringing the building sewer into compliance with District regulations, which cost may exceed the $4,500 deposit.
(e) 
Upon issuance of the compliance certificate, the District will refund the deposit to the payee designated on the time-extension permit.
(f) 
A time-extension certificate expires 180 days after it is issued.
(g) 
If a compliance certificate is not obtained before a time-extension permit expires, the deposit may be forfeited, and the current property owner is subject to enforcement action as provided by this Chapter. The property owner may apply to the District for release of forfeited funds, less the District’s costs. The District will not release forfeited funds unless the property owner first demonstrates full compliance with the District Code.
(h) 
A time-extension permit is not renewable.
(Added, § 1, Ord. 179, 09-04-2018; amended, § 1, Ord. 183, 09-03-2019)
(a) 
If the current property owner does not obtain a compliance certificate or a time-extension permit prior to title transfer, CVSan shall issue an initial notice of violation detailing that the current property owner has 30 days to comply and obtain a compliance certificate in accordance with this Chapter. A second notice of violation may be issued if the current property owner fails to take action or notify the District.
(b) 
Each notice of violation states that the current property owner has 30 days to bring the building sewer into compliance.
(c) 
If the current property owner fails to take action or notify the District after the second notice of violation, the District will issue the current property owner an initial noncompliance offense in the amount of $350.00.
(d) 
Subsequent noncompliance offenses will be sent monthly in the amount of $100.00 per offense.
(e) 
If the compliance certificate is not obtained within the time allowed by CVSan, the building sewer shall be considered in violation of this Chapter and subject to abatement pursuant to Article V of this code.
(f) 
Enforcement pursuant to this Section shall be undertaken by the District through its General Manager and Board of Directors.
(Added, § 1, Ord. 179, 09-04-2018; amended, § 1, Ord. 183, 09-03-2019)