Sec. 24-49. - General provisions.

(a)

Purpose and policy. These wastewater discharge regulations set uniform requirements for discharges into the wastewater collection and treatment system and enable the agency to comply with the administrative provisions of the clean water grant regulations, the water quality requirements set by the regional water quality control board and the applicable effluent standards, and any other discharge criteria which are required or authorized by state or federal law, and to derive the maximum public benefit by regulating the quality and quantity of wastewater discharged into those systems.

(b)

Definitions. Unless otherwise defined herein, terms shall be as adopted in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. Waste constituents and characteristics shall be measured by standard methods unless expressly stated, or as established by federal or state regulatory agencies.

(1)

Agency. Any special district, municipality or other type of utility district which is authorized by state statutes to provide sanitary services, such as public utility district, community services district, sanitary district, county service area, county sanitation district, county water district, municipal utility district, sewer maintenance district, or city in which the governing board has adopted this section of the Sonoma County Code in whole or in part "by reference."

(2)

Beneficial uses. Uses of the waters of the state that may be protected against quality degradation include, but are not necessarily limited to, domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by federal or state law.

(3)

Board. The governing board of any agency adopting this ordinance in whole or in part, by reference, i.e. directors of county sanitation district, board of public utility districts, etc.

(4)

BOD. Biochemical oxygen demand as determined in accordance with standard analytical procedures and, unless otherwise noted, exerted in a period of five (5) days at twenty (20) degrees Celsius.

(5)

Builder. Shall mean any individual or group of individuals who finance the construction of agency sewage collection facilities.

(6)

Cesspool. A lined and covered excavation in the ground which receives the discharge of domestic sewage or wastes from a drainage system, so designed as to retain the organic matter and solids, but permitting the liquids to seep through the bottom and sides.

(7)

City. Any incorporated municipality within the County of Sonoma.

(8)

COD. Chemical oxygen demand as determined in accordance with standard analytical procedures.

(9)

Community sewer or collection system. A sewer owned and operated by the agency a city or other public agency tributary to a treatment facility. It shall include, but not be limited to, pumping stations, siphons, creek crossings, manholes, and sewers leading from the property line to the collection system.

(10)

Compatible pollutant. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the agency's national pollutant discharge elimination system (NPDES) permit if the publicly owned treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.

(11)

Contamination. An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater whether or not waters of the state are affected.

(12)

County. County of Sonoma.

(13)

County Sanitation Engineer. The duly authorized sanitation engineer as appointed by the Board of Supervisors of the County of Sonoma.

(14)

Critical user. A user who is required to obtain a permit, as defined in section 52(b) of this ordinance.

(15)

Day. Any day, except Saturdays, Sundays and legal holidays.

(16)

Dissolved solids. Residue upon evaporation of water after filtration in accordance with standard analytical procedures. Also termed total dissolved solids or TDS.

(17)

Domestic sewage. Shall mean the waterborne wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal without special treatment into the public sewer.

(18)

Drain. Any conduit for the conveyance of storm water or surface or subsurface ground drainage water.

(19)

Federal act. The federal water pollution control act, PL 92-400, and any amendments thereto; as well as any guidelines, limitations and standards promulgated by the environmental protection agency pursuant to the act.

(20)

Holding tank waste. Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trunks.

(21)

Incompatible pollutant. Any pollutant which is not a compatible pollutant as defined in this section. The pretreatment standard for compatible pollutants introduced into a publicly owned treatment works by a major contributing industry not subject to section 307(c) of the federal act shall be, for sources within the corresponding industrial or commercial category that established by a promulgated effluent limitations guideline defining best practicable control technology currently available pursuant to sections 301(b) and 304(b) of the federal act, provided that, if the publicly owned treatment works which receives the pollutants is committed, in its NPDES permit, to remove a specified percentage of any incompatible pollutant, the pretreatment standard applicable to users of such treatment works shall be correspondingly reduced for that pollutant; and provided further that even when the effluent limitations guideline for each industry category is promulgated, a separate provision will be proposed concerning the application of such guideline to pretreatment.

(22)

Industrial cost recovery. The portion of annual capital cost recovery allocable to industry and subject to federal industrial payback.

(23)

Industrial user. A user who discharges industrial waste. For purposes of federal industrial cost recovery and payback provisions, any user of a publicly-owned treatment works identified in the U.S. "Standard Industrial Classification Manual, 1972," under the following divisions:

A user in these divisions may be excluded from the industrial user category if he discharges essentially domestic sewage. See also "User".

(24)

Industrial waste. The waterborne waste and wastewater from any production, manufacturing or processing operation of whatever nature including institutional and commercial operations where water is used for the removal of significant quantities of waste other than from human habitation of premises connected to the public sewers. Contents of chemical toilets, septic tanks, waste holding tanks and waste sumps shall be classed as industrial waste.

(25)

Infiltration. Water entering the sewerage system through the ground.

(26)

Inflow. Water entering a sewerage system from surface drainage and clean cooling water systems.

(27)

Manager. The manager of the agency or his designated representative or the engineer for any agency in which the governing board's policies are administered by the engineer.

(28)

MGD. Abbreviation for millions gallons per day.

(29)

Mass emission rate. The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.

(30)

Natural outlet. Any outlet into a watercourse, ditch, pond, lake or other body or surface or groundwater.

(31)

Nuisance. Anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

(32)

Permit. Wastewater discharge permit.

(33)

Person. Any individual, partnership, firm, association, corporation, or public agency including the State of California and the United States of America.

(34)

pH. The logarithm of the reciprocal of the hydrogen-ion activity in moles per liter of solution as measured by standard analytical procedures.

(35)

Pollution. An alteration of the quality of the Waters of the state by waste to a degree which unreasonably affects such waters for beneficial use or facilities which serve such beneficial uses. Pollution may include contamination.

(36)

Premises. A parcel of real estate including any improvements thereon which is determined by the agency to be a single user for purposes of receiving, using and paying for service.

(37)

Pretreatment. The treatment or flow limitation of industrial wastes prior to discharge to the agency sewerage system.

(38)

Private sewer, building sewer, side sewer or house service sewer. That part of the building sewer beginning at the junction thereof with the building plumbing or drainage system and terminating at the property line.

(39)

Public agency. The United States Government or any department or agency thereof; the State of California or any department or agency thereof; any school district; any other governmental or public district or entity; or any other legal public district, entity or entities; or any combination of the foregoing.

(40)

Sanitary sewerage system or sewerage system. All works for collecting, pumping, treating, disposing, storing and reclaiming sewage.

(41)

Sanitation engineer and engineer. Shall mean the responsible registered civil engineer employed by or contracted by the governing board to design, administer and inspect agency construction and wastewater disposal facilities.

(42)

Septic tank system. An arrangement of tanks which receive waste and by septic bacterial action, effect decomposition and settlement of settable solids and diversion of the septic liquid for clarification and disposal.

(43)

Sewage. The waterborne wastes received from human habitation and use of premises for residential, business, institutional, and industrial purposes.

(44)

Sewer or sanitary sewer. A pipe or conduit which carries sewage and/or industrial wastes and to which storm, surface, and groundwaters are not intentionally admitted. Unless otherwise qualified, the word "sewer" when used in this ordinance shall be taken to mean "sanitary sewer". An agency sewer or public sewer is any sewer located within an easement or public right of way and which is maintained by the agency.

(45)

Slug. Any discharge of water, sewage, or industrial 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 flow rate during normal operation.

(46)

Street. Any public highway, road, street, avenue, alley, way, easement or right of way.

(47)

Suspended solids (SS). Particulate matter present in sewage and retained on a filter (nonfilterable) in a standard analytical procedure.

(48)

Treatment Plant. Shall mean the sewage treatment facilities of the agency or any other agency.

(49)

Unpolluted water. Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters.

(50)

User. Any person that discharges, causes or permits the discharge of wastewater into a community sewer.

(51)

User classification. A classification of user based on the 1972 edition of the Standard Industrial Classification (SIC) Manual prepared by the executive office at management and budget.

(52)

User charge. A payment paid by the user to the agency at a prescribed interval for sanitary sewerage system service.

(53)

Waste. Includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature prior to, and for purposes of, disposal.

(54)

Wastewater. Waste and water whether treated or untreated, discharged into or permitted to enter a community sewer.

(55)

Wastewater discharge permit. A license for a user to discharge wastewater into a sanitary sewerage system.

(56)

Wastewater constituents and characteristics. The individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality quantity and strength of wastewater.

(57)

Waters of the state. Any water surface or underground, including saline waters within the boundaries of the State.

(Ord. No. 1917 § 1.)

Sec. 24-50. - Regulations.

(a)

Prohibitions on discharges. No person shall discharge to community sewer, storm drain, or natural outlet, wastes which cause, threaten to cause, or are capable of causing either alone or by interaction with other substances:

(1)

a fire or explosion;

(2)

obstruction of flow in a sewer system or injury of the system or damage to the wastewater collection, treatment or disposal facilities; i.e., any ashes, cinders, sand, mud, grit, straw, offal, shavings, metal, glass, rags, feathers, tar, plastics, wood, sawdust, manure, or other solid or viscous substance capable of causing obstruction or the flow in sewers or other interference with the proper operation of the sewage system in the opinion of the agency;

(3)

danger to life or safety of personnel;

(4)

a nuisance or prevention of the effective maintenance or operation of the sewer system, through having a strong, unpleasant odor;

(5)

air pollution by the release of toxic or malodorous gases or malodorous gas-producing substances;

(6)

interference with the wastewater treatment process;

(7)

the agency's effluent or any other product of the treatment process, residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process;

(8)

a detrimental environmental impact or a nuisance in the waters of the state or a condition unacceptable to any public agency having regulatory jurisdiction over the agency;

(9)

discoloration or any other condition in the quality of the agency's treatment works effluent in such a manner that receiving water quality requirements established by law cannot be met;

(10)

conditions at or near the agency's treatment works which violate any statute or any rule, regulation, or ordinance of any public agency or state or federal regulatory body;

(11)

quantities or rates of flow which overload the agency's collection or treatment facilities or cause excessive agency collection or treatment costs.

(b)

Prohibitions on storm drainage and ground water. Storm water, ground water, rain water, street drainage, subsurface drainage, roof down spouts, exterior foundation drains, or other sources of yard drainage shall not be discharged through direct or indirect connections to a community sewer.

(c)

Prohibition on unpolluted water. Unpolluted water, including, but not limited to, cooling water, process water or blow-down from cooling towers or evaporative coolers shall not be discharged through direct or indirect connection to a community sewer unless a permit is issued by the agency. The agency may approve the discharge of such water only when no reasonable alternative method of disposal is available.

If a permit is granted for the discharge of such water into a community sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the agency's governing board.

(d)

Limitations on radioactive wastes. No person shall discharge or cause to be discharged, any radioactive waste into a community sewer except:

(1)

when the person is authorized to use radioactive materials by the state department of health or other governmental agency empowered to regulate the use of radioactive materials, and

(2)

when the waste is discharged in strict conformity with current California radiation control regulations (California Administrative Code, Title 17) and the atomic energy commission regulations and recommendations for safe disposal, and

(3)

when the person is in compliance with all rules and regulations of all other applicable regulatory agencies.

(e)

Limitations on the use of garbage grinders. Waste from garbage grinders shall not be discharged into a community sewer except:

(1)

wastes generated in preparation of food normally consumed on the premises, or

(2)

where the user has obtained a permit for that specific use from the agency and agrees to undertake whatever self-monitoring is required to enable the manager to equitably determine the user charges based on the waste constituents and characteristics.

Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the community sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse.

(f)

Limitations on point of discharge. No person shall discharge any substances directly into a manhole or other opening in a community sewer other than through an approved house service sewer, unless upon written application by the user and payment of the applicable user charges and fees, the Agency's governing board issues a permit for such direct discharges.

(g)

Holding tank waste. A user proposing to discharge holding tank waste into a community sewer must secure a permit. Unless allowed by the manager, under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. This permit will state the specific location of discharge, the time of day the discharge is to occur the volume of the discharge and the wastewater constituents and characteristics. If a permit is granted for discharge of such waste into a community sewer the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the agency's governing board.

(h)

Limitations on wastewater strength. No person shall discharge or cause to be discharged, to an agency sewer any of the following without first obtaining a wastewater discharge permit that specifically permits such industrial waste discharge characteristics.

(1)

Discharge during a daily twenty-four hour (24) hour period in excess of fifty thousand (50,000) gallons.

(2)

Volume of flow or concentration of wastes constituting "slugs", as defined herein.

(3)

Discharge which has a daily average concentration of those values as adopted by agency resolution.

(4)

Waters or wastes with a pH lower than 6.0 or higher than 9.5.

(5)

Discharges containing metal pickling or etching wastes or plating solutions, whether neutralized or not, except effluent discharged from an agency approved treatment system.

(6)

Any discharge which has an average daily concentration of:

(a)

Arsenic exceeding 0.2 milligrams per liter.

(b)

Hexavalent chromium exceeding 0.1 milligrams per liter or total chromium exceeding 0.5 milligrams per liter

(c)

Copper exceeding 0.2 milligrams per liter.

(d)

Lead exceeding 0.3 milligrams per liter.

(e)

Nickel exceeding 0.3 milligrams per liter.

(f)

Silver exceeding 0.2 milligrams per liter.

(g)

Zinc exceeding 1.0 milligrams per liter.

(h)

Other toxic substances in concentrations having an acute toxicity to fish exceeding a 96 hour medium tolerance limit of 25% when tested in accordance with standard test procedures.

(7)

Discharges containing phenols or other taste and odor producing substances in concentrations exceeding limits which may be established by the manager as necessary to meet water quality requirements.

(8)

Hot wastes at temperatures exceeding one hundred sixty (160) degrees (seventy (70) degrees Celsius), or exceeding one hundred ten (110) degrees Fahrenheit (forty-three (43) degrees Celsius) for any eight (8) hour period.

(9)

Materials which exert or cause in the sewerage system or receiving waters:

(a)

Unusual concentrations either of inert suspended solids (such as but not limited to, soil solids, Fuller's earth, lime slurries, and lime residues) or of dissolved inorganic solids (such as, but not limited to, sodium chloride and sodium sulphate) in excess of seven hundred fifty (750) milligrams per liter.

(b)

Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(10)

Discharges in such quantities or such qualities that they are not amenable to treatment or reduction by wastewater treatment processes employed, or are amenable to treatment only to such a degree that the treatment plant effluent cannot meet water quality requirements.

(11)

Grease, oil and sand interceptors shall be provided by the discharger when, in the opinion of the manager, they are necessary for the proper handling of wastes containing grease in excess of the limits specified in section 50.08-3, or any flammable wastes, sand, grit, and other harmful ingredients. All interceptors shall be of a type and capacity approved in writing, prior to installation, by the manager and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gas tight and watertight. Grease and oil interceptors shall be constructed in any place or building having a capacity to serve group meals. Where installed, all grease, oil, sand and grit interceptors shall be maintained by the owner at his expense in continuous efficient operation at all times. Materials collected shall not be reintroduced into the sewage system.

(12)

Effluent limitations promulgated by the federal act shall apply in any instance where they are more stringent than those in this ordinance. Under section 307(b) of the act, federal pretreatment standards are designed to achieve two purposes: (1) to protect the operation of publicly owned treatment works (as defined in section 212 of the federal act P.L. 92-500), and (2) to prevent the discharge of pollutants which pass through such works inadequately treated. Users in industrial categories subject to effluent guidelines issued under section 304(b) of the act, which are discharging incompatible pollutants to publicly owned treatment works, are required to adopt best practicable control technology currently available, as defined by the administrator of EPA pursuant to section 304(b) of the act. Where the agency treatment works was designed to and does achieve substantial removal of pollutants, other than the four pollutants listed in the definition for compatible pollutants in section 49(b)(10) (BOD, suspended solids, pH, and fecal coliform bacteria), it is not appropriate to require the industrial user to achieve best practicable control technology currently available, since this would lead to an uneconomical duplication of treatment facilities. While the term "substantial removal" is not subject to precise definition, it generally contemplates removals in the order of 85 percent or greater. Minor incidental removals in the order of 10 to 30 percent are not considered "substantial". For some industrial categories, it may be necessary to define pretreatment guidelines for problems that may arise as a result of the discharge into publicly owned treatment works. However any adjustments required for particular industrial categories should be considered in connection with the agency's requirements rather than in the national pretreatment standard. Limitations on wastewater strength in section 50(h)(l) and 50(h)(2) of this ordinance may be supplemented with more stringent limitations pursuant to section 52(b)(4).

(a)

If the agency determines that the limitations in sections 50.08-1 may not be sufficient to protect the operation of the agency's treatment works, or

(b)

If the agency determines that the limitations in sections 50.08-1 may not be sufficient to enable the agency's treatment works to comply with water quality standards or effluent limitations specified in the agency's national pollutant discharge elimination system (NPDES) permit.

(13)

Seasonal flow. Seasonal flow is defined as an industrial waste discharge during any fifteen (15) day period during which the average volume and/or strength of any regulated wastewater characteristic exceeds the respective daily averages by fifty (50) percent. Seasonal flow dischargers shall be subject to wastewater treatment plant service capacity allocation by the manager. If overloading conditions occur or threaten to occur at the treatment plant or if unused service capacity is insufficient to accommodate all seasonal flows, the manager may allocate available service capacity among all seasonal dischargers. In allocating the flow or constituent load, the manager shall take into account the discharger's nonseasonal flow, wastewater conservation practice, economic and environmental impact, historical data, and any other consideration advanced by the discharger which will help the manager make an equitable allocation.

(Ord. No. 1917 § 1.)

(i)

Regional water quality control board requirement limitations. Discharge or industrial waste from any premise within the city onto land or to any natural outlet may be permitted only if the discharge complies with all requirements of the regional water quality control board and of all other local, state and federal laws and regulations.

(Ord. No. 1917 § 1.)

(j)

Other governmental agency jurisdictions. Nothing contained in this section shall be construed to limit any additional requirements that may be imposed by the County Health Officer, by the regional water quality control board or by other governmental agencies having jurisdiction thereof.

(Ord. No. 1917 § 1.)

Sec. 24-51. - Wastewater volume determination.

(a)

Metered water supply. The total amount of water used from public and private sources shall, at the request of the manager, be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the agency.

(Ord. No. 1917 § 1.)

(b)

Estimated wastewater volume for users without source meters. For users where, in the opinion of the agency, it is unnecessary or impractical to install meters, the quantity of wastewater shall be based upon an estimate prepared by the engineer. This estimate shall be based upon a rational determination of the wastewater discharged and may consider such factors as the seating capacity, population equivalent, annual production of goods and services, etc.

If the user is dissatisfied with the manager's estimated wastewater volume, then he may present his objection in writing and the user may install a meter or meters of a type and at a location approved by the manager and at the user's expense. Such meters shall be tested for accuracy at the expense of the user when deemed necessary by the manager

(Ord. No. 1917 § 1.)

Sec. 24-52. - Administration.

(a)

Discharge reports. The agency may require that any person discharging or proposing to discharge wastewater into a community sewer file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, number and classification of employees, or other information which relates to the generation of waste including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site, even though they may not normally be discharged. In addition to discharge reports, the agency may require information in the form of wastewater discharge permit applications and self-monitoring reports.

(b)

Wastewater discharge permits.

(1)

Mandatory permits. All critical users proposing to connect or to discharge into a community sewer after the effective date of this ordinance must obtain a wastewater discharge permit before connecting to or discharging into a community sewer. All existing critical users connected to or discharging into a community sewer must obtain a wastewater discharge permit within 90 days after the effective date of this ordinance. For purposes of this ordinance, a critical user is defined as any user whose user classification is identified in the Standard Industrial Classifications (SIC) Manual in any of divisions A, B, D, E, and I, and who (1) has a discharge flow of fifty thousand (50,000) gallons or more per average work day, or (2) has a flow greater than five percent (5%) of the flow in the agency's wastewater treatment system, or (3) has in his wastes toxic pollutants in toxic amounts as defined in standards issued under section 307(a) of the federal act, or (4) is found by the agency to have significant impact, either singularly or in combination with other contributing industries, on the treatment or collection system.

(2)

Optional permits. The manager may issue a wastewater discharge permit to any user in accordance with the terms of this section in the following categories:

(a)

A user who requires the user charges and fees to be based on an estimation of wastewater flow.

(b)

Any user whose wastewater strength is less than the normal range for the user classification to which he is assigned because of pretreatment, process changes or other reasons.

(c)

Any single dwelling, office, commercial business, lodge, apartment, church, or multiuse building user who discharges only domestic waste.

(3)

Permit application. Users seeking a wastewater discharge permit shall complete and file with the manager, an application in the form prescribed by the manager and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

(a)

Name, address, and SIC number of applicant;

(b)

Volume of wastewater to be discharged;

(c)

Wastewater constituents and characteristics including but not limited to those mentioned in sections 50(h) as determined by a laboratory approved by the agency;

(d)

Time and duration of discharge;

(e)

Average and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;

(f)

Site plans, floor plans, mechanical and plumbing plans, water supply information and details to show all sewers and appurtenances by size, location and elevation;

(g)

Description of activities, facilities and plant process on the premises including all materials, processes and types of materials which are or could be discharged;

(h)

Each product produced by type, amount and rate of production;

(i)

Number and type of employees, and hours of work;

(j)

Any other information as may be deemed by the manager to be necessary to evaluate the permit application. The manager will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the manager may issue a wastewater discharge permit subject to terms and conditions provided herein.

(4)

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this ordinance and all other regulations, user charges, and fees established by the agency. The conditions of wastewater discharge permits shall be uniformly enforced by the manager in accordance with this ordinance, and applicable state and federal regulations. Permits may contain the following:

(a)

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

(b)

The collection of connection fee, inspection fee and prepayment for the prorated portion of annual user charges, if collected annually either by billing or via the county tax rolls.

(c)

The average and maximum wastewater constituents and characteristics;

(d)

Limits on rate and time of discharge or requirements for flow regulations and equalization;

(e)

Requirements for installation of inspection and sampling facilities;

(f)

Pretreatment requirements;

(g)

Specifications for monitoring programs which may include sampling locations, frequency and method o f sampling, number, types and standards for tests and reporting schedule;

(h)

Requirements for submission of technical reports or discharge reports;

(i)

Requirements for maintaining plant records relating to wastewater discharge as specified by the agency, and affording agency access thereto;

(j)

Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants (as defined by section 49(b)(2) are proposed or present in the user's wastewater discharge.

(k)

Other conditions as deemed appropriate by the agency to insure compliance with this ordinance.

(5)

Duration of permits. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. If the user is not notified in writing by the agency thirty (30) days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the agency during the life of the permit, as limitations or requirements as identified in section 50(h) are modified and changed. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(6)

Transfer of a permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new user, different premises, or a new or changed operation.

(7)

Temporary suspension of permit. A permit may be temporarily suspended by the manager at any time if, in his opinion, the continued discharge of the waste or water into the sanitary sewer system would, when combined with other discharges into the sewer system, exceed the agency's allocated capacity service in a subregional or regional sewerage system, substantially jeopardize the ability of the treatment system to meet water quality requirements or would cause an unsafe condition to occur. In lieu of temporary suspension of permits, the manager may impose such temporary restrictions, conditions, or limitations upon the quantities, qualities, and rates of discharge made thereunder as he deems necessary to assure that said receiving water quality requirements will not be violated by the sewage discharged by the agency to a subregional or regional system, or to alleviate the unsafe condition. Notice of the temporary suspension or the imposition of temporary restrictions, conditions, or limitations shall be given in writing by the manager to the permittee at least twenty-four (24) hours prior to their effective date. Delivery of said notice to the permittee's place of business shall constitute delivery of notice to permittee.

(8)

Revocation of permit. Any user who violates the following conditions of the permit or of this ordinance, or applicable state and federal regulations is subject to having his permit revoked:

(a)

Failure of user to factually report the wastewater constituents and characteristics of his discharge;

(b)

Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

(c)

Refusal of reasonable access to the users premises for the purpose of inspection or monitoring; or

(d)

Violation of conditions of the permit.

(c)

Monitoring facilities. The agency may require the user to construct at his own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed and operated at the user's expense. The monitoring facility should normally be situated on the user's premises, but the agency 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 agency personnel, such as a gate secured with an agency lock. There shall be ample room in or near such sampling manhole to allow accurate sampling and compositing of samples for analysis. The manhole, 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 agency's requirements and all applicable local agency construction standards and specifications. Construction shall be completed within 40 days following written notification by the agency; unless a time extension is otherwise granted by the agency.

(d)

Inspection and sampling. The agency may inspect the facilities of any user to ascertain whether the purpose of this ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the agency or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of their duties. The agency shall have the right to set up on the user's property such devices as are necessary to conduct sampling 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 their security guards so that upon presentation of suitable identification, personnel from the agency will be permitted to enter without delay for the purposes of performing their specific responsibilities.

(e)

Protection from accidental discharge. Each user shall provide protection from accidental discharge or prohibited materials or other wastes regulated by this ordinance. Such facilities shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the agency for review, and shall be acceptable to the agency before construction of the facility.

The review of such plans and operating procedures will no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this section.

(f)

Confidential information. All information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections 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 agency that the release of such information would divulge information, processes or methods which would be detrimental to the user's competitive position.

When requested by the person 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 to governmental agencies for use in making studies; provided, however; that such portions of a report shall be available for use by the state or any state agency in a judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the agency as confidential, shall not be transmitted to any governmental agency or to the general public by the agency until and unless prior and adequate notification is given to the user.

(Ord. No. 1917 § 1.)

(g)

Special agreements. Special agreements and arrangements between the agency and any persons or agencies may be established when in the opinion of the agency's governing board unusual or extraordinary circumstances compel special terms and conditions.

(Ord. No. 1917 § 1.)

Sec. 24-53. - Enforcement.

(a)

Accidental discharges.

(1)

Notification of discharge. Users shall notify the agency immediately upon accidentally discharging wastes in violation of this ordinance to enable countermeasures to be taken by the agency to minimize damage to the community sewer, treatment facility, treatment processes and the receiving waters.

This notification shall be followed, within ten (10) days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence.

Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant, or treatment process, or for any fines imposed on the Agency on account thereof under section 13350 of the California Water Code or for violations of section 5650 of the California Fish and Game Code.

(2)

Notice of employees. In order that employees of users be informed of agency requirements, users shall make available to their employees copies of this ordinance, together with such other wastewater information and notices which may be furnished by the agency from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this ordinance.

(3)

Preventive measures. Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the user shall appropriately label such entry points to warn against discharge of such wastes in violation of this ordinance.

(b)

Issuance of Cease and Desist Orders. When the agency finds that a discharge of wastewater has taken place, in violation of prohibitions of limitations of this ordinance, or the provisions of a wastewater discharge permit, the manager may issue an order to cease and desist, and direct those persons not complying with such prohibitions, limits, requirements, or provisions, to:

(1)

Comply forthwith;

(2)

Comply in accordance with a time schedule set forth by the agency; or

(3)

Take appropriate remedial or preventive action in the event of a threatened violation.

(c)

Submission of Time Schedule. When the agency finds that a discharge of wastewater has been taking place, or is threatening to take place, in violation of prohibitions or limitations prescribed in this ordinance, or wastewater source control requirements, effluent limitations or pretreatment standards, or the provisions of a wastewater discharge permit, the agency may require the use to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.

(d)

Appeals. Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease and desist orders, made by the manager, interpreting or implementing the provisions of this ordinance or in any permit issued herein, may file with the manager a written request for reconsideration within twenty (20) days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration.

If the ruling made by the manager is unsatisfactory to the person requesting reconsideration, he may within twenty (20) days after notification of agency action, file a written appeal to the agency's governing board. The written appeal shall be heard by the board within twenty (20) days from the date of filing. The agency's governing board shall make a final ruling on the appeal within ten (10) days of the close of the meeting. The manager's decision, action, or determination shall remain in effect during such period of reconsideration.

(Ord. No. 1917 § 1.)

Sec. 24-54. - Abatement.

(a)

Public Nuisance. Discharges of wastewater in any manner in violation of this ordinance or of any order issued by the manager as authorized by this ordinance, is hereby declared a public nuisance and shall be corrected or abated as directed by the manager. Any person creating a public nuisance is guilty of a misdemeanor.

(b)

Injunction. Whenever a discharge of wastewater is in violation of the provisions of this ordinance or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the agency may petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.

(c)

Damage to Facilities. When a discharge of industrial wastes causes an obstruction, damage, or any other impairment to agency facilities, the agency shall assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's charges and fees.

(d)

Civil Penalties. Any person who violates any provision of this ordinance or permit condition or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be liable civilly to a penalty not to exceed six thousand dollars ($6,000.00) for each day in which such violation occurs. The attorney of the agency, upon order of the agency's governing board, shall petition the superior court to impose, assess and recover such sums.

(e)

Falsifying of Information. Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the agency, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both. The attorney of the agency, upon order of the agency's governing board, shall petition the superior court to impose, assess and recover such sums.

(f)

Termination of Service. The agency may revoke any wastewater discharge permit, or terminate or cause to be terminated, wastewater service to any premise if a violation of any provision of this ordinance is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this ordinance. This provision is in addition to other statutes, rules, or regulations, authorizing termination of service for delinquency in payment.

(Ord. No. 1917 § 1.)

Sec. 24-55. - Construction of sewers and sewer connections.

(a)

No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Manager.

(b)

All construction of public sanitary sewers, of sewers to become public sanitary sewers or of lateral service connection sewers shall conform to the design criteria, the standard plans and specifications and the inspection and testing for sanitary sewers in accordance with current agency standards.

(Ord. No. 1917 § 1.)