Chapter 5.20 WASTEWATER DISCHARGE AND PRETREATMENT REGULATIONS

This chapter sets forth uniform requirements for users of the District’s wastewater treatment facility and collection system and enables the District to comply with all applicable State of California and federal laws, including the Clean Water Act (33 USC Sections 1251 et seq.; “the Act”) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this chapter are to:

A. Prevent the introduction of pollutants into the District’s wastewater collection system which would cause interference with the system, the District’s treatment works, or other District operations.

B. Prevent the introduction of pollutants into the District’s wastewater collection system which cannot sufficiently be treated and pass through the District’s treatment works or which will have a deleterious effect on the District’s treatment works, or which otherwise are incompatible with the District’s treatment operations.

C. Protect both the District’s treatment works personnel, who may be affected by wastewater and sludge in the course of their employment, and the general public.

D. Promote recycling of wastewater effluent and sludge from the District’s wastewater treatment works.

E. Provide for fees that equitably distribute the cost of operation, maintenance, and improvement of the District’s pretreatment program and/or its treatment works.

F. Enable the District to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, sludge use and disposal requirements, and any other applicable federal or state of California laws.

G. Prevent the introduction of wastes into the system which may affect the District’s ability to dispose of its grit, sludge or other residuals.

H. Prevent a public hazard, public nuisance or other condition detrimental to the public health, welfare and safety arising from the collection, treatment and disposal of wastes through the District’s treatment works.

This chapter shall apply to all users discharging to the District’s wastewater treatment works. This chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the District’s pretreatment program. [Ord. 348, 2020.]

5.20.020 Abbreviations.

The following abbreviations used in this chapter shall have the meanings respectively ascribed thereto:

BOD – biochemical oxygen demand.

BTEX – benzene, toluene, ethyl benzene and xylenes.

CCR – State of California Code of Regulations.

CFR – Code of Federal Regulations.

COD – chemical oxygen demand.

EPA – United States Environmental Protection Agency.

GPD – gallons per day.

LEL – lower explosive limit.

mg/L – milligrams per liter.

MGD – million gallons per day.

NPDES – National Pollutant Discharge Elimination System.

PCBs – polychlorinated biphenyl compounds.

RCRA – Resource Conservation and Recovery Act of 1976 (42 USC Section 6901 et seq.).

SIC – Standard Industrial Classification.

TICH – total identifiable chlorinated hydrocarbons.

TTO – total toxic organics.

TPH – total petroleum hydrocarbons, both gasoline and diesel.

TSS – total suspended solids.

USC – United States Code. [Ord. 348, 2020.]

5.20.030 Definitions.

Unless it is apparent from the context that another meaning is intended, the following words and terms used in this chapter shall have the meanings respectively ascribed thereto; provided, that the definitions specified in Chapter 5.10 DSRSDC, Wastewater Facilities Use Regulation and Protective Measures, also pertain to this chapter except to the extent of any conflict, in which case the definitions in this chapter shall govern.

“Act” or “the Act” or “PL 92-500” refers to the Federal Water Pollution Control Act Amendments of 1972, as amended (33 USC Section 1251 et seq.), commonly referred to as the Clean Water Act (the Act).

“Authorized representative of the user” means any official described in DSRSDC 5.20.220, Signatory and certification requirement.

“Best available technology” means the best control and treatment measures that are available and economically achievable.

“Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). “BMPs” also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

“Categorical industrial user” means any industrial user who is subject to categorical pretreatment standards, as provided in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

“Categorical pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) that applies to a specific category of users, and which appears in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

“Collection system” means the District’s pipelines, pump stations, manholes and other related facilities which transport wastewater to the District’s treatment works.

“Commercial user” means any nonresidential user, including a business activity that is not otherwise classified as an industrial user, and that introduces wastewater that is determined by the Wastewater Treatment Plant Legally Responsible Official to consist primarily of sewage into the District’s wastewater facilities.

“Discharger” means any person, firm, association, corporation, governmental agency or other entity who or which disposes of wastewater into a sanitary sewer system that is connected to, or part of, the District’s treatment works.

“Domestic wastewater” means that portion of wastewater attributed to normal residential discharges derived from ordinary living processes of human beings and not wastes generated and/or discharged from commercial, institutional, or industrial activities.

“Existing source” means any source of wastewater discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards which will be applicable to such source if a standard is thereafter promulgated in accordance with Section 307 of the Act.

“Flow” means the volume of wastewater measured during a period of time (e.g., gallons per minute, MGD, etc.).

“Garbage” means solid wastes from the preparation, cooking and dispensing of food; from the handling, storage and sale of produce; and paper and plastic wastes.

“Grab sample” means a sample of wastewater which is taken over a period of time not exceeding 15 minutes without regard to the flow of the waste stream.

“Hydrolysate” means the resultant liquid from the hydrolysis of human or animal remains.

“Hydrolysis” means the process by which the body of a deceased person or animal is chemically reduced to its essential organic components and bone fragments in a hydrolysis chamber.

“Indirect discharge” or “discharge” means the introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.

“Industrial user” means any user whose operations generate and/or produce discharges of industrial wastes and wastewater derived from any production, manufacturing, processing, institutional, commercial, agricultural, or other activity or operation, and whose activity or operations are identified in the Standard Industrial Classification Manual, 1987, Office of Management and Budget, as said manual now exists or is hereafter amended or supplemented.

“Industrial wastewater zero-discharge permit” means a wastewater discharge permit issued to a user that does not discharge any processed industrial wastewater, but stores and uses chemicals or other pollutants in such manner that they have the potential of entering a sanitary sewer.

“Instantaneous maximum allowable discharge limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected by or for the District, irrespective of the industrial flow rate and the duration of the sampling event.

“Interference” means a discharge which by itself or in conjunction with another discharge or other discharges inhibits or disrupts the District’s treatment facilities, its treatment processes or operations, or its sludge processes, including sludge use or disposal, that causes a violation of any condition or requirement of the District’s NPDES permit or that adversely affects the quality of processed sludge thereby preventing disposal thereof by land application or other recycling means.

“Intermediate industrial user” means an industrial user who is not a significant industrial user but whose operations produce, or are likely to produce, priority pollutant(s) or pollutant(s) that are otherwise prohibited or pollutant(s) that are restricted by the District, including and without limitation, DSRSDC 5.20.060, Local limits.

“ISO 11143” means the International Organization for Standardization’s standard for amalgam separators.

“Limited discharge permit” means a wastewater discharge permit that authorizes an industrial user to discharge wastewater into a sanitary sewer for no longer than nine months; including, but not limited to, any discharge from construction-related activities.

“Mechanical garbage grinder” means a mechanical device for pulverizing quantities of garbage.

“Medical wastes” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

“National pretreatment standard” or “pretreatment standard” or “standard” means pollutant discharge limits in any regulation promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. The term includes prohibited discharge limits established pursuant to 40 CFR Section 403.5.

“New source” means any building, structure, facility or installation (collectively in this definition, “facility”) from which there is, or may be, a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act and which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

1. The facility is constructed at a site at which no other source is located; or

2. The facility completely replaces the process or production equipment that generates the discharge of pollutants at an existing source; or

3. The production or wastewater-generating processes associated with the facility are substantially independent of an existing source at the same site. In determining whether such sources are substantially independent, factors such as the extent to which the new facility is integrated with the existing facility and the extent to which the new facility is engaged in the same general type of activity as the existing source shall be considered.

Modification of a facility on a site at which an existing source is located that does not meet the criteria of subsection (1) or (2) of this definition, but that otherwise alters, replaces, or adds to existing processes or production equipment does not constitute a new source.

Construction of a new source under this definition is deemed to have commenced if the owner or operator thereof has either:

a. Commenced, as part of a continuous on-site construction program: (i) any placement, assembly, or installation of facilities or equipment; (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or

b. Entered into an agreement or other binding obligation to purchase facilities or equipment which is intended to be used in the operation of the new source within a reasonably foreseeable time period. Options to purchase, or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute an agreement or other binding obligation under this definition.

“Noncontact cooling water” means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

“NPDES permit” or “the District’s NPDES permit” means the National Pollutant Discharge Elimination System permit issued to the District pursuant to the Act and regulations promulgated thereunder.

“Oil and grease” means any material or like matter that is soluble in freon or any solvent that is approved for oil and grease analysis under 40 CFR Section 136, classification method 413.1.

“PAHs (polynuclear aromatic hydrocarbon compounds)” means those compounds analyzed by EPA method 610 listed below:

Acenaphthene	Benzo(a)pyrene	Fluoranthene
Acenaphthylene	Benzo(b)fluoranthene	Fluorene
Anthracene	Benzo(ghi)perylene	Naphthalene
Benzo(a)anthracene	Benzo(k)fluoranthene	Pyrene
Dibenzo(a,h)anthracene	Chrysene	Phenanthrene
Indeno(1,2,3-cd)pyrene

“Pass-through” means a discharge which, by itself or in conjunction with other discharge(s), exits the District’s treatment facilities at a concentration or quantity that causes a violation of any condition or requirement of the District’s NPDES permit (including an increase in the magnitude or duration of violation).

“PCBs (polychlorinated biphenyl compounds)” means those compounds analyzed by EPA method 608 listed below:

PCB-1016	PCB-1248
PCB-1221	PCB-1254
PCB-1232	PCB-1260
PCB-1242

“pH” means the negative logarithm of the concentration of active hydrogen ions, expressed in moles per liter of solution.

“Pollutant” means dredged soil, solid waste, incinerator residue, filter backwash, wastewater, garbage, wastewater sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, introducing such pollutants into the treatment works. This reduction or alteration may be obtained by physical, chemical, or biological processes, by process changes, or by other means except by diluting the concentration of the pollutants, unless the dilution is permitted by an applicable pretreatment standard.

“Pretreatment standard(s)” or “pretreatment requirement(s)” means any substantive or procedural requirement governing a user’s activities or operations that is related to pretreatment, other than a national pretreatment standard, categorical pretreatment standard or pretreatment standard.

“Priority pollutant” means any toxic pollutant designated as such in 40 CFR Section 401.15, including amendments thereto.

“Septage tank waste” means any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, recreational vehicles (“RVs”), and septic tanks.

“Significant industrial user” means a significant industrial user defined in 40 CFR Section 403.3(v) as:

1. Any categorical industrial user; or

2. Any other industrial user that:

a. Discharges 25,000 gallons or more per day of process wastewater to the District’s treatment works (excluding sanitary, noncontact cooling and boiler blow-down water);

b. Contributes a process waste stream which comprises five percent or more of the average dry weather hydraulic or organic capacity of the District’s treatment plant; or

c. Is designated as such by the District based on a finding that the industrial user’s activities or operations have a reasonable potential for adversely affecting the operation of the District’s treatment works or for violating any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement (in accordance with 40 CFR Section 403.8(f)(6)).

“Significant noncompliance” means noncompliance of an industrial user with applicable categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements that constitutes one or more of the criteria defined in DSRSDC 5.20.450, Publication of users in significant noncompliance.

“Slug load” or “slug” means any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or noncustomary batch discharge.

“Standard Industrial Classification code” or “SIC code” means a classification established under the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

“TICH (total identifiable chlorinated hydrocarbons)” means those organochlorine pesticides analyzed by EPA method 608 listed below:

α-BHC	4,4’-DDD	Endosulfan I	Endrin Aldehyde
β-BHC	4,4’-DDE	Endosulfan II	Heptachlor
δ-BHC	4,4’-DDT	Endosulfan Sulfate	Heptachlor Epoxide
γ-BHC	Dieldrin	Endrin	Toxaphene
Chlordane

“Treatment facility” means that portion of the treatment works that is designed to provide treatment of wastewater.

“TTO (total toxic organics)” means the summation of all quantifiable values greater than 0.01 milligrams per liter of the organic toxic pollutants included in 40 CFR Part 433.11 listed in Appendix 1 to Chapter 5.

“Waste hauler discharge permit” means the wastewater discharge permit which gives authorization to a waste or septage hauler to discharge domestic wastes, chemical toilet wastes or other permissible wastewater into a designated discharge point in the District’s treatment works.

“Wastewater discharge permit” means a permit that authorizes a user to discharge nondomestic wastewater into a sanitary sewer; provided, that wastewater discharge permit includes industrial wastewater discharge permit, pollution prevention wastewater discharge permit, or industrial wastewater zero-discharge permit (hereinafter defined), except that the latter does not authorize a discharge.

“Water softener” means a unit installed to remove minerals (hardness) from potable water. [Ord. 348, 2020.]

5.20.040 Prohibited discharge standards.

A. General Prohibitions. A user shall not introduce into the District’s treatment works any pollutant or combination of pollutants which causes or will cause pass-through or interference. These general prohibitions apply to every user of the District’s treatment works irrespective of whether the user is subject to national pretreatment standards, categorical pretreatment standards, pretreatment standards or requirements, or any other federal, state of California or any District requirement.

B. Specific Prohibitions. A user shall not introduce into the District’s treatment works any waste or waste stream that has the following characteristics or substances:

1. Pollutants which alone or by reaction with other pollutants have the potential to create a fire hazard or explosion hazard in the District’s treatment works, or to be injurious to human health and safety or to the operations of the District’s treatment works. In no case shall a user discharge a waste or waste stream that has a closed cup flash point of less than 140 degrees Fahrenheit or 60 degrees centigrade using the test methods specified in 40 CFR Section 261.21. Additionally, in no case shall a user discharge a waste or waste stream that exceeds 10 percent of the LEL of an approved gas detector meter. The materials which may be prohibited hereunder based upon their potential to cause a fire or explosion hazard include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylenes, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides or any other substance that constitutes a fire or explosion hazard.

2. Wastewater which will cause corrosive structural damage to the District’s treatment works and collection system; provided, that in no case shall a user discharge wastewater with pH less than 6.0 or greater than 11.0.

3. Solid or viscous substances in amounts which will cause or threaten to cause obstruction to the flow in a sanitary sewer or cause or threaten to cause pass-through or interference including, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, coal tar, asphalt, cement, plastics, woods, paunch manure, garbage with particles greater than 1/2 inch in any dimensions, animal guts or tissues, bones, hair, hides or flesh, entrails or whole blood.

4. Any pollutant, including oxygen-demanding pollutants (BOD, etc.) discharged to a sanitary sewer at a flow rate and/or pollutant concentration alone or by interaction with other pollutants which will cause interference.

5. Wastewater having a temperature greater than 150 degrees Fahrenheit or which will inhibit biological activity in the treatment facility resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment facility to exceed 104 degrees Fahrenheit (40 degrees centigrade).

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the District’s treatment facility and collection system in a quantity that may cause acute worker health and safety hazards.

8. Any trucked or hauled septic tank wastes, holding tank wastes or chemical toilet wastes, unless a permit has been issued to the waste hauler by the District in accordance with the regulations specified in DSRSDC 5.20.160, Hauled wastewater.

9. Any noxious or malodorous liquids, gases, solids, or other wastewater which either alone, or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry of personnel into sewers for maintenance or repair.

10. Any waste or wastewater which imparts color that cannot be removed by the District’s treatment facility, including, without limitation, dye wastes and vegetable tanning solutions, consequently causing a violation of the District’s NPDES permit.

11. Any wastewater containing any radioactive wastes or isotopes exceeding any limits specified in 17 CCR Section 30287 or 10 CFR Section 20, whichever is more stringent.

12. Any storm water, ground water, rainwater, street drainage, subsurface drainage, yard drainage, except pursuant to a specific permit issued by the District; provided, further, that no person shall construct or install any drain or other connection which will allow such discharges into a sanitary sewer. The District may approve such discharges only upon a determination by the District that no reasonable alternative is available, or that such water constitutes a pollution hazard if not discharged to the sanitary sewer.

13. Any restaurant grease.

14. Any sludge, screening, or other residues from the pretreatment of industrial wastes.

15. Any medical wastes, such as isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

16. Any detergents, surface active agents, or other substances which may cause excessive foaming in the District’s treatment works.

17. Any substance, waste, wastewater or constituent thereof as may be specifically prohibited or prohibited by concentration levels specified in DSRSDC 5.20.060, Local limits.

18. Any waste defined as hazardous in federal and/or state statutes.

19. Any substance, waste, wastewater or constituent thereof which may by itself or in combination with other discharges cause the District to violate any permit condition related to effluent toxicity, or otherwise cause or contribute to the potential release of toxic substances from the District’s treatment facility or collection system into the environment in toxic amounts.

20. Any wastewater containing perchloroethylene.

21. Any wastewater having a BOD greater than 400 mg/L, except pursuant to a contract with the District providing for corresponding processing, treatment and, if applicable, treatment facility expansion costs.

22. Any waters or wastes that have emulsifiers or any other compounds that would allow oils, grease and fats to enter a sanitary sewer in excess of the local limits for oil and grease specified in DSRSDC 5.20.060, Local limits.

23. Any wastewater containing hazardous pollutants in sufficient quantity, either alone or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to human or animal health or safety, create an adverse effect on the waters of the state, or to exceed the limitations of a categorical pretreatment standard, national pretreatment standard or a pretreatment standard or requirement.

24. Pollutants, substances, or wastewater prohibited by this chapter shall not be processed or stored in such a manner that they could be discharged to a sanitary sewer.

25. Any wastewater containing mercury such as from the removal and/or placement of dental amalgam fillings.

26. All prescription and nonprescription (over the counter) pharmaceutical drugs or medications.

27. No person shall discharge hydrolysate, wastes, or wastewater resulting from hydrolysis either directly or indirectly to the sewer system.

C. Discharge Location Prohibition. A user shall not discharge any wastewater directly into a manhole or other opening in the District’s collection system, other than through sanitary sewer laterals or other sanitary sewer connections approved by the District, except pursuant to a permit issued by the District for such discharge. Such permit shall only be issued if the discharge is otherwise in compliance with the provisions of this chapter and no other discharge alternative is reasonably available as determined by the District.

D. Development of Limits. The District will develop and effectively enforce local limits to restrict discharge prohibitions. The District will provide notice of limits through issuance of permits, through District Code, and as requested. The District may develop best management practices (BMPs) to implement discharge prohibitions. [Ord. 348, 2020.]

5.20.050 National Categorical Pretreatment Standards.

The National Categorical Pretreatment Standards, set forth in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, as said standards may from time to time be amended, supplemented, superseded, and new categorical pretreatment standards promulgated, are incorporated herein by this reference. The General Manager shall notify all affected users of the applicable reporting requirements specified in DSRSDC 5.20.300, Baseline monitoring reports, through DSRSDC 5.20.330, Periodic compliance reports. However, if the standards otherwise imposed under this chapter are more stringent than the National Categorical Pretreatment Standards, the more stringent standards shall apply. [Ord. 348, 2020.]

5.20.060 Local limits.

No person shall discharge, or cause to be discharged, any wastewater containing the pollutants listed below in excess of the concentrations listed.

Pollutant	Discharge Limit (mg/L)
Arsenic	0.50
Cadmium	1.00
Total chromium	1.00
Copper	1.00
Lead	2.00
Mercury	0.010
Nickel	1.50
Selenium	1.30
Silver	1.50
Zinc	4.00
Cyanide	0.50
Phenols	20.00
PCBs	0.01
T.I.C.H.	0.02
TTO	5.00
PAH	6.50
Oil and grease (animal and vegetable)	200
Oil and grease (hydrocarbon)	150
Total dissolved solids	1,000
Total sulfides	2.0
BTEX	1.00
TPH (gas and diesel)	15.0

[Ord. 348, 2020.]

5.20.070 State and federal requirements and standards.

If either state or federal limitations, standards and requirements applicable to discharges to the District’s treatment works are more stringent than the limitations, requirements, and standards set forth in this chapter, the most stringent limitation, standard or requirement shall apply. Modifications of federal or state limitations, standards and requirements which are more stringent than the limitations, standards and requirements set forth in this chapter and that are promulgated subsequent to the adoption of this chapter shall be applied to discharges to the District’s treatment works at such time and in such manner as is specified in DSRSDC 5.20.260, Wastewater discharge permit modification. [Ord. 348, 2020.]

5.20.080 District’s right of revision.

The District retains the right to establish more stringent limitations, standards or requirements for discharges to the District’s treatment works to achieve the objectives of this chapter. No user shall acquire any vested or other right to a particular limitation, standard or requirement. [Ord. 348, 2020.]

5.20.090 Dilution prohibition.

No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation. The District may impose mass limitations on the discharges of users who use dilution to meet applicable categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements, or in other cases when the imposition of mass limitations is necessary to achieve the objectives of this chapter. [Ord. 348, 2020.]

5.20.100 Bypass.

A. For the purpose of this section the following definitions apply:

1. “Bypass” means the intentional diversion of waste streams from any portion of a user’s treatment facility.

2. “Severe property damage” means substantial physical damage to property, damage to the treatment facility which causes it to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. “Severe property damage” does not include economic loss caused by delays in production.

B. Bypass is prohibited, and a violation of this chapter, unless all of the following criteria are met:

1. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This criterion is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass during normal periods of equipment downtime or preventive maintenance; and

3. The user submitted notices as required under subsections (D) and (E) of this section.

C. The District may approve an anticipated bypass after considering its adverse effects if the District determines that it will meet the three conditions listed in subsection (B) of this section.

D. If a user knows in advance of the need for a bypass, the user shall submit written notice thereof to the District at least 10 days before the date of the anticipated bypass, if reasonably possible.

E. A user shall provide oral notice to the District of an unanticipated bypass that exceeds any applicable national pretreatment standard or categorical pretreatment standard or any applicable pretreatment standard or requirement within 24 hours of time of the user’s knowledge of the bypass. Refer to the user permit for contact phone number(s). Written notice shall also be given to the District within five days from the time of the user’s knowledge of the bypass. The written notice shall include: (1) a description of the bypass and its cause; (2) the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and (3) steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The District may waive the written report on a case-by-case basis if the oral report has been received within 24 hours of the occurrence of the bypass.

F. A user may allow a bypass to occur that does not violate any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement, but only for essential maintenance of the user’s pretreatment facilities to assure efficient operation thereof. Such bypasses are not subject to the provisions of subsection (B) of this section. [Ord. 348, 2020.]

5.20.110 Affirmative defense to prohibited discharge violations.

A user shall have an affirmative defense to an alleged violation of the general prohibitions of DSRSDC 5.20.040(A), General Prohibitions, or any specific prohibition of DSRSDC 5.20.040(B), Specific Prohibitions, that would cause a pass-through or an interference upon proof that the user did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause a pass-through or an interference and that either:

A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass-through or interference; or

B. No local limit exists, but the discharge was not substantially different in nature or constituents from the user’s prior discharge when the District was regularly in compliance with its NPDES permit and with applicable sludge use or disposal requirements. [Ord. 348, 2020.]

5.20.120 Discharge from self-regulating water softeners.

Waste discharged into a sanitary sewer from the regeneration of a residential water softener of any kind or description is prohibited, except that from a water softener that conforms to the requirements of Health and Safety Code Section 116785. [Ord. 348, 2020.]

5.20.130 Pretreatment facilities.

Users shall provide wastewater pretreatment as necessary to comply with this chapter and shall comply with all categorical pretreatment standards, national pretreatment standards, pretreatment standards or requirements, local limits, and the prohibitions specified in DSRSDC 5.20.040, Prohibited discharge standards, within the time limitations specified by the EPA, the state of California, or the District, whichever limitation is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans and specifications describing such facilities and operating procedures shall be submitted to the District for review, and shall be acceptable to the District before such facilities are installed or constructed. Approval of plans and specifications does not constitute an assurance of pretreatment performance. Plans and specifications shall be prepared by a registered professional engineer. Neither the District’s review of such plans, specifications and operating procedures, nor approval thereof, shall relieve or release the user from the responsibility of modifying or replacing such facilities as necessary to produce a discharge acceptable to the District in compliance with this chapter. [Ord. 348, 2020.]

5.20.140 Additional pretreatment measures.

A. The District may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sanitary sewers, relocate and/or consolidate points of discharge, separate nonindustrial waste streams from industrial waste streams, and impose such other conditions, including without limitation the installation of pretreatment facilities in addition to those previously provided in accordance with DSRSDC 5.20.130, Pretreatment facilities, as may be determined by the District’s General Manager to be necessary to protect the treatment works and to prevent exceedances of discharge limits, or otherwise to assure the user’s compliance with the requirements of this chapter.

B. The District may require users discharging into the District’s treatment facility to install and maintain, on their property and at their expense, a suitable storage and flow-control facility that ensures equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

C. Appropriate grease, oil, and sand interceptors shall be installed by a user when, in the opinion of the General Manager, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oil, or sand; provided, that such interceptors shall not be required for residential users. All interceptors shall be accessible for cleaning. Interceptors shall be inspected, cleaned, and repaired routinely by the user and at the user’s expense.

D. Chemicals or treatments intended to prevent local clogging or to prolong grease trap or interceptor service (e.g., bacteria, enzymes, additives, agents, degreasers, solvents, bioremediation, dosing systems, emulsifiers [including hot water], and slow-dissolve blocks) are strictly prohibited.

E. The District may require users whose discharge has the potential to include flammable substances to install and maintain an approved combustible gas detection meter at the user’s expense.

F. All users shall give written notice to the District, the EPA Regional Waste Management Division Director and state of California hazardous waste authorities of any discharge to the District’s treatment works of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, or as otherwise defined by state of California statute or regulation.

Such notification shall include the identity of the hazardous waste by chemical constituency or other designation that readily describes the waste as a hazardous waste, the EPA hazardous waste number, and the type of the discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the District’s treatment works, the notification shall also contain the following information: (1) the hazardous waste constituents contained in the waste; (2) an estimate of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and (3) an estimate of the mass constituents in the waste stream expected to be discharged during the following 12 months.

All notifications of hazardous waste discharge must take place no later than 180 days after the discharge commences, consistent with 40 CFR Section 403.12(p)(1).

G. All owners and operators of dental vacuum systems, except as set forth in this section, shall install an ISO 11143 certified amalgam separator device for each dental vacuum system on or before December 1, 2011. All dental offices that come into operation on or after November 10, 2009, shall include an installed ISO 11143 certified amalgam separator device capable of removing a minimum of 95 percent of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a noncertified separator will be accepted; provided, that smaller units of the same technology from the same manufacturer are ISO-certified. For facilities that have installed amalgam separators on or before November 10, 2009, that are not ISO-certified, the non-ISO-certified system may remain in place; provided, that the existing device provides amalgam removal similar to an ISO-certified system. Alternative materials and methods may be proposed to the General Manager for approval.

The following types of dental practices are exempt from this section; provided, that the District receive written assurance that removal or placement of amalgam fillings occurs at the facility no more than three days per year:

1. Orthodontics;

2. Periodontics;

3. Oral and maxillofacial surgery;

4. Radiology, oral pathology or oral medicine;

5. Endodontics and prosthodontics.

For users who or which are discharging into the treatment works as of the date of the ordinance codified in this chapter becomes effective, the foregoing notice shall be given within 30 days of said effective date; provided, that such notice shall be given sooner if a similar such notice is so required by federal regulations. Users who commence discharging after said effective date shall include such notice in their application for a discharge permit.

In providing the notice under this section, the user shall certify that the user has a program in operation to reduce the volume of toxicity of hazardous waste generated to the degree it has determined to be economically practicable.

Nothing contained in this section modifies the prohibitions specified in DSRSDC 5.20.040, Prohibited discharge standards. [Ord. 348, 2020.]

5.20.150 Spill prevention and control plans.

All significant industrial users shall submit a spill prevention and control plan. The District may require other users, as the District deems necessary, to submit for approval and implement such a plan. The spill prevention and control plan shall be updated biennially. The spill prevention and control plan shall contain, as a minimum, the following elements:

A. A description of discharge practices, including nonroutine batch discharges;

B. A description of stored chemicals;

C. The procedures for immediately notifying the District of slug discharges, including any discharge that would violate a prohibition under DSRSDC 5.20.040, Prohibited discharge standards, with procedures for follow-up written notification within five days; and

D. If required by the District, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, construction of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response. [Ord. 348, 2020.]

5.20.160 Hauled wastewater.

No septic tank, holding tank, cesspool or chemical toilet shall connect directly to the District’s wastewater collection system. Such wastes shall be discharged only during the District’s regular business hours and only at a designated discharge point at the District’s treatment works pursuant to a waste hauler discharge permit. Only wastes which are compatible with the operation of the District’s treatment works shall be disposed at said site. Wastes that contain any hazardous waste, as defined by federal or state of California statutes and regulations, whichever is most stringent, or any wastes which are prohibited under DSRSDC 5.20.040, Prohibited discharge standards, or any other regulation enacted by the District shall not be discharged to the District’s treatment works.

A. Insurance and Indemnification. Waste hauler discharge permittees shall hold harmless, indemnify and defend the District, its Board of Directors, other boards, commissions, committees, officers, employees and agents (collectively “indemnitees”) from and against all claims for liability, losses, damages, expenses, costs (including, without limitation, all costs and fees, whether for attorneys, experts or others, incurred in anticipation of, or during, administrative proceedings, arbitration, mediation, or litigation) of every nature, kind and description, which may be brought against or suffered or sustained by indemnitees, caused in whole or in part by the negligence, intentional tortious acts or omissions, or willful misconduct of the waste hauler, its officers, employees or agents, in its operations under its waste hauler permit. Waste hauler discharge permittees shall provide and maintain at all times during the term of its waste hauler permit liability insurance conforming to requirements adopted by Board policies or determined by the General Manager to be commensurate with the risks, the evaluation of which considers, at a minimum, the financial ratings of the companies providing the insurance, the coverages provided and exclusions therefrom, monetary limits and deductibles, and additional insured endorsements. Waste hauler discharge permittees shall either provide all indemnitees with a full and complete defense against each and every claim, or shall provide a cash deposit or a surety bond acceptable to the District in the amount of 150 percent of the amount claimed, or $50,000, whichever is more.

B. Registration and Public Health License. The waste hauler shall provide proof of registration with the Alameda County and/or Contra Costa County health departments, and possession of a public health license from said department(s).

C. Discharge Restrictions. Septage and chemical toilet wastes are permitted to be discharged by a licensed waste hauler. Grease from restaurant grease traps and/or grease interceptors shall only be discharged by District authorized waste haulers under a separate fats, oil and grease (FOG) discharge permit.

D. Hours of Discharge. Discharge of septage waste at the District’s treatment works shall be allowed daily between 6:00 a.m. and 10:00 p.m. unless the General Manager grants specific authorization to the waste hauler to discharge at other times.

E. Reporting Requirements.

1. Septage Load Manifest. The operator of the waste-hauling vehicle shall accurately document each load of septage waste discharged at the District’s treatment works by completing a septage load manifest that shall include the following information:

a. The name of the operator’s waste hauling company.

b. The date of the septage discharge at the District’s treatment works.

c. The identification number of the sample bottle used to take the septage sample.

d. The total capacity, in gallons, of the vehicle’s waste holding tank.

e. The name and complete address of each source contributing to the septage load.

f. The date the load was obtained at the source.

g. The gallons pumped from each source.

h. The signature of the operator of the waste hauling vehicle.

2. Septage Hauler’s Log. The operator of the waste hauling vehicle shall accurately log in each load of septage waste discharged at the District’s treatment works by completing a septage hauler’s log that shall include the following information:

a. The name of the operator’s waste hauling company.

b. The date of the septage load discharge at the District’s treatment works.

c. The time that the operator of the waste hauling vehicle arrives at and departs from the District’s treatment works.

d. The identification number of the sample bottle used to take the septage sample.

e. The total capacity, in gallons, of the vehicle’s waste holding tank.

f. The signature of the operator of the waste hauling vehicle. [Ord. 348, 2020.]

5.20.170 Wastewater analysis.

Upon request of the District, a user shall submit information regarding the nature and characteristics of its wastewater within 45 days of the request. The District may prepare a form for this purpose and may periodically require users to update such information. [Ord. 348, 2020.]

5.20.180 Wastewater discharge permit requirements.

A. Every significant industrial user or intermediate industrial user proposing to connect its facilities to the District’s treatment works or proposing to discharge wastewater to the District’s treatment works shall obtain an industrial wastewater discharge permit prior to the proposed connection or discharge. All significant industrial users or intermediate industrial users connected to, or discharging wastewater into, the District’s treatment works on or before the effective date of the ordinance enacting this chapter shall obtain an industrial wastewater discharge permit within 90 days from said effective date. If a user’s wastewater discharge, including one whose discharge is such that it is not classified as a significant industrial user or an intermediate industrial user, poses potential risk to the District’s wastewater system as determined by the General Manager, the user shall obtain an industrial wastewater discharge permit and/or a pollution prevention wastewater discharge permit prior to connecting or discharging into the sanitary sewer system. The user shall be subject to source control monitoring as determined by the District.

B. It shall be unlawful to discharge wastewater into a sanitary sewer, the treatment works or the treatment facility except pursuant to an industrial wastewater discharge permit and/or a pollution prevention wastewater discharge permit issued in accordance with the provisions of this chapter.

C. A violation of the terms and conditions of an industrial wastewater discharge permit and/or a pollution prevention wastewater discharge permit shall be deemed a violation of this chapter enforceable and punishable pursuant to the provisions of DSRSDC 5.20.460, Notice of violation, through DSRSDC 5.20.610, Public nuisance, inclusive. Possession of an industrial wastewater discharge permit does not relieve a permittee of its obligation to comply with all categorical pretreatment standards, national pretreatment standards, pretreatment standards or requirements, or with any other requirements of federal, state of California and local law. [Ord. 348, 2020.]

5.20.190 Wastewater discharge permits – Existing connections.

Any user required by this chapter to obtain a wastewater discharge permit that was discharging wastewater into the District’s treatment works prior to November 10, 2009, and proposes to continue such discharge shall, within 30 days after said date, apply to the District for an industrial wastewater discharge permit and/or a pollution prevention wastewater discharge permit in accordance with DSRSDC 5.20.210, Wastewater discharge permit application, and shall not cause or allow discharges to the District’s treatment works to continue after 90 days from said effective date except pursuant to a wastewater discharge permit issued by the District. [Ord. 348, 2020.]

5.20.200 Wastewater discharge permits – New connections.

Every user that is required to obtain a wastewater discharge permit and that proposes to begin or recommence discharging into the District’s treatment works shall obtain such permit prior to the commencement or recommencement of such discharge. An application for an industrial wastewater discharge permit and/or a pollution prevention wastewater discharge permit shall be filed in accordance with DSRSDC 5.20.210, Wastewater discharge permit application, at least 90 days prior to the date upon which any discharge will begin or recommence. [Ord. 348, 2020.]

5.20.210 Wastewater discharge permit application.

Users applying for a wastewater discharge permit, either an industrial wastewater discharge permit and/or a pollution prevention wastewater discharge permit, shall complete and submit to the District an application in the form prescribed by the General Manager with the applicable fees.

A. Users classified as listed below shall obtain a pollution prevention wastewater discharge permit, unless exempted by the General Manager.

1. Dry cleaners;

2. Dental facilities;

3. Other dischargers determined by the General Manager to require special regulations or source control.

Users applying for a pollution prevention wastewater discharge permit shall complete and submit the appropriate application. The format of the application is specific to the type of business.

B. Users applying for an industrial wastewater discharge permit shall complete and submit to the District an application in the form prescribed by the General Manager with the applicable fees. The application shall include the following information (in units and terms appropriate for evaluation) pertaining to the premises from which the discharge is proposed to emanate:

1. All information required by DSRSDC 5.20.300, Baseline monitoring reports.

2. A description of the activities, operations, plant processes, facilities and materials carried out or present on the applicant’s premises, including a list of raw materials and chemicals used or stored on or at the premises which, in the original or processed form, are proposed to be, or either intentionally or accidentally could be, discharged to the District’s treatment works.

3. The number and job descriptions of the persons employed at, or in connection with, the activities and operations conducted at or on the premises and the proposed or actual hours of operation.

4. The description, by type, amount, process or processes, of each product manufactured or fabricated at the premises and the rate of production for each.

5. The type and amount (average and maximum per day) of raw materials processed.

6. Site plans, floor plans, mechanical and plumbing plans, and structural details showing all sanitary sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

7. The time of day and duration of all process discharges, treated and untreated, related to the products manufactured or fabricated at the premises or otherwise related to the activities or operations conducted at or on the premises.

8. The average daily and 15-minute peak wastewater flow rates generated at the premises, including daily, monthly and seasonal variations, if any. Flow rates shall be provided for each regulated wastewater stream.

9. The measured average daily and maximum daily volume of wastewater discharged to a sanitary sewer from the premises.

10. Wastewater constituents and characteristics including, but not limited to, those specified in DSRSDC 5.20.040, Prohibited discharge standards.

11. A list of any environmental control permits issued to or for the facility.

12. The type(s) and quantity or quantities of hazardous substances stored or placed on the premises with a description of the method(s) of storage and/or containment device(s) for each such substance; provided, that such substances are present in quantities sufficient to be deleterious to the operations of the treatment works or harmful to the environment if released.

13. A description of the spill protection and emergency response procedures used or proposed to be used at the facility.

14. Such other information that is deemed necessary by the District to evaluate the application. [Ord. 348, 2020.]

5.20.220 Signatory and certification requirement.

All wastewater discharge permit applications and user reports shall be signed by an authorized representative of the user and include a certification statement in the then-current form required by the Clean Water Act and the regulations promulgated thereunder. In case there is doubt about which certification statement is applicable, the following certification statement shall be used until it is superseded by amendments to the regulations promulgated under the Clean Water Act unless the District determines otherwise:

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.

The authorized representative may be any of the following:

A. If the user is a corporation:

1. The president, secretary, treasurer or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

2. The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

B. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

C. If the user is a federal, state of California, or local governmental facility: a director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

D. The individuals holding the positions described in subsections (A) through (C) of this section may designate another authorized representative by name or position who has the responsibility for overall operation of the facility from which the discharge originates, or has overall responsibility for environmental matters for the user; provided, that such authorization shall be submitted to the District in writing. [Ord. 348, 2020.]

5.20.230 Wastewater discharge permit decisions.

The District shall evaluate the information and data furnished by the user and such additional information and data as the District may require to complete the application. The District shall complete its evaluation of the application within 60 days of receipt of a completed application. The District may grant the application and issue a wastewater discharge permit subject to the requirements, terms and conditions of this chapter and such other terms and conditions as the District deems appropriate, or the District may deny the application. [Ord. 348, 2020.]

5.20.240 Wastewater discharge permit term.

Wastewater discharge permits shall be issued for a specified term, not to exceed three years. A permit may be issued for a term less than one year or for a specified expiration date. [Ord. 348, 2020.]

5.20.250 Wastewater discharge permit contents/conditions.

Wastewater discharge permits shall include such terms and conditions that are deemed reasonably necessary by the District to prevent pass-through or interference or otherwise to protect against damage to the District’s treatment works, to provide for worker health and safety, to facilitate sludge management and disposal and to protect the quality of the receiving waters of the treatment works’ effluent.

A. Wastewater discharge permits shall include:

1. The term of the permit, which in no event shall exceed three years.

2. A prohibition against assignment or other transfers of the permit or any interest therein.

3. Effluent limits based on applicable categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements.

4. Self-monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state of California, or local law.

5. A statement of applicable civil and criminal penalties for violation of categorical pretreatment standards, national pretreatment standards, pretreatment standards or requirements or other terms and conditions of the permit and any applicable compliance schedule. Such schedule shall not extend the time for compliance beyond that required by applicable federal, state of California or local law.

6. Requirements to control discharges of slug loads or slugs, if determined by the District to be necessary.

B. Wastewater discharge permits shall be subject expressly to the provisions of this chapter, the Act, all applicable state of California, federal and local regulations and payment of the District’s applicable fees and charges. Wastewater discharge permits shall be enforced uniformly by the District in accordance with this chapter and applicable federal and state regulations. Permits may include, without limitation, the following:

1. Requirements for separation of industrial wastewater from domestic wastewater prior to discharge to a sanitary sewer.

2. Limits on average and maximum wastewater constituents and characteristics. These limits may be based on pollutant concentration and/or mass and may include prohibitions against discharge of said pollutants.

3. Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants are proposed or present in the user’s wastewater discharge.

4. Limits on average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and/or equalization.

5. Requirements for installation and maintenance of monitoring and sampling facilities and equipment.

6. Specifications for monitoring programs, which may include sampling locations, frequency and method of sampling, the number, types and standards for tests and a reporting schedule. Monitoring shall be provided by the user at its expense, performed by a state-certified laboratory; provided, that a user’s laboratory, if available, may conduct monitoring upon approval of the District.

7. Requirement for notification of the District of the discharge of any new pollutants or any changes in facility processes or in the volume or character of wastewater constituents being discharged into the District’s treatment works.

8. Requirement for the installation of pretreatment technological equipment or devices, pollution control, or construction of appropriate containment devices to reduce, eliminate, or prevent the discharge of pollutants into the District’s treatment works.

9. Requirement for submittal of design and construction plans and specifications of any existing or proposed wastewater pretreatment facility.

10. Prohibition against bypass of the user’s wastewater pretreatment system, unless bypass is essential for maintenance, or unavoidable to prevent loss of life, injury or severe property damage.

11. Requirement for notifying the District of any planned alteration of a proposed or existing wastewater pretreatment system.

12. Prohibition against dilution as a partial or complete substitute for adequate treatment to achieve compliance with the user’s wastewater discharge permit.

13. Provision for access by District personnel to the user’s premises at all reasonable times to conduct sampling and/or inspection of any and all processes which may contribute to the user’s wastewater discharge, including the actual wastewater discharge.

14. Requirement for the development and implementation of a spill prevention and control plan, a copy of which shall be filed with the District.

15. Requirements for notification of slug or accidental discharges, including discharge limit violations, or upset of the user’s pretreatment facilities.

16. Requirements for notifying the District of planned alterations of the user’s facility processes, which could result in an alteration of the process discharge or the potential for an accidental spill or slug discharge.

17. Requirements for providing the District with operation and maintenance records for the user’s wastewater pretreatment system, including relevant periodic updates.

18. Requirements for submission of technical reports, progress reports or discharge reports.

19. Compliance schedules or requirements pertaining thereto.

20. Requirement for specifying the user’s responsible officer for permit compliance and for signatory purposes.

21. The unit charge or schedule of user charges and fees pertaining to the user’s use of the District’s treatment works.

22. Requirements for development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the District’s treatment works.

23. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements, including those which become effective during the term of the permit.

24. Such other requirements or conditions that are deemed appropriate by the District to ensure compliance with this chapter. [Ord. 348, 2020.]

5.20.260 Wastewater discharge permit modification.

The District may modify a wastewater discharge permit for good cause, including, but not limited to:

A. Incorporation of any new or revised categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements.

B. Addressing significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance.

C. A change in the District’s treatment works that requires either a temporary or permanent reduction or elimination of an authorized discharge.

D. Information indicating that the permitted discharge poses a threat to the District’s treatment works, 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 report.

G. Revision of, or a grant of variance from, categorical pretreatment standards pursuant to 40 CFR Section 403.13.

H. Correction of typographical or other errors.

I. Change in ownership or the operator of the facility subject to the permit.

The terms and conditions of the wastewater discharge permit may be subject to modification or revision by the District during the term of the permit based upon amendments or revisions to limitations or requirements of these regulations or applicable state of California or federal regulations. The user shall be informed of any proposed changes in the permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. [Ord. 348, 2020.]

5.20.270 Wastewater discharge permit transfers prohibited.

Wastewater discharge permits are issued to a specific user for a specific operation and premises. A wastewater discharge permit or any interest therein shall not be assigned, leased, sold or otherwise transferred to a new owner or user, or relied upon for different premises, or for a new, different or revised operation. Notwithstanding the invalidity of a purported assignment, lease, sale, or other transfer of a wastewater discharge permit, or the purported reliance upon such permit for a different premises or for a new, different or revised operation, nothing in this chapter shall be construed to prohibit the applicability or enforcement of the terms and conditions of such permit or of the provisions of this chapter with respect to a purported assignee, lessee, purchaser, or other transferee, or with respect to a different premises or new, different or revised operation. [Ord. 348, 2020.]

5.20.280 Wastewater discharge permit revocation.

A wastewater discharge permit may be revoked for the following causes:

A. Failure factually and completely to report the wastewater constituents and characteristics of a discharge.

B. Failure to report significant changes in operations or wastewater constituents and characteristics.

C. Refusal to provide the District reasonable access to the user’s premises for inspection or monitoring.

D. Violations of the permit requirements or conditions.

E. Nonpayment of fees and charges.

F. Failure to provide prior notification to the District of changed conditions pursuant to DSRSDC 5.20.340, Reports of changed conditions.

G. Misrepresentation of any material fact, or failure to fully disclose all relevant facts, in the wastewater discharge permit application.

H. Falsifying self-monitoring reports, records or other documents and/or knowingly giving or providing a false statement.

I. Tampering with monitoring equipment.

J. Failure to meet effluent limitations.

K. Failure to meet compliance schedules.

L. Failure to complete a wastewater survey or the wastewater discharge permit application.

M. Violation of any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement, or any condition or term of the wastewater discharge permit or any provision of this chapter. [Ord. 348, 2020.]

5.20.290 Wastewater discharge permit reissuance.

The District will endeavor to notify the user/permittee of a wastewater discharge permit of the expiration of the term of its permit not less than two months prior to the date of expiration. Notwithstanding the expiration of the term of a permit, it shall remain in full force and effect pending renewal or reissuance thereof. A permit may be reissued; provided, that:

A. The user has submitted a complete permit application at least 30 days prior to the expiration date of its existing permit.

B. The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the permittee.

The applicability of a reporting requirement to a given industrial user, the contents of the report and the time for filing the report are governed by 40 CFR Section 403.12, and amendments thereof. [Ord. 348, 2020.]

5.20.300 Baseline monitoring reports.

Existing categorical industrial users currently discharging or scheduled to discharge to the District’s treatment works whose operations become subject to a categorical pretreatment standard shall submit a report to the District that contains the information listed in subsection (B) of this section, Environmental Permits, within 180 days after the effective date of such standard or within 180 days of the final administrative decision regarding a category determination under 40 CFR Section 403.6(a)(4), whichever is later. At least 90 days prior to commencement of their discharge, all new categorical industrial users, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit such report to the District as part of their application for a wastewater discharge permit (see DSRSDC 5.20.190, Wastewater discharge permits – Existing connections, through DSRSDC 5.20.210, Wastewater discharge permit application). The owner or operator of a new source shall report the method of pretreatment it intends to use to meet applicable categorical pretreatment standards, estimates of its anticipated flow volume and quantity of pollutants.

The aforesaid users shall submit the following information:

A. Identifying Information. The name and address of the user’s facility, including the name of the operator and owner of the premises that is the site of the facility.

B. Environmental Permits. A list of any environmental control permits and hazardous substance release response (spill) plans held by or for the facility.

C. Description of Operations. A description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user at its facility. The description shall include a schematic process diagram that indicates points of discharge to the District’s treatment works from the industrial processes subject to regulation, times of discharge, plumbing and mechanical plans.

D. Flow Measurement. The measured average daily and maximum daily wastewater flows, in gallons per day, including any seasonal variation, discharged to the District’s treatment works from the industrial process streams subject to regulation and such other streams, as necessary, to provide for use of the combined waste stream formula specified in 40 CFR Section 403.6(e).

E. Measurement of Pollutants.

1. The categorical pretreatment standards applicable to each industrial process subject to regulation.

2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the applicable categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement or by the District, of pollutants in the discharge from each industrial process subject to regulation. Additionally, instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. Samples shall be representative of daily operations and shall be analyzed in accordance with procedures specified in DSRSDC 5.20.380, Analytical requirements.

3. Sampling shall be performed in accordance with procedures specified in DSRSDC 5.20.390, Sample collection.

F. Certification. A statement, reviewed by the user’s authorized representative and certified by a qualified professional, indicating whether applicable categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements 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 applicable pretreatment standards or pretreatment standards or requirements.

G. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the applicable categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements, the schedule by which the user shall provide such additional pretreatment and/or O&M within the shortest reasonable time. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard or standard or requirement. A compliance schedule pursuant to this section shall conform to the requirements of DSRSDC 5.20.310, Compliance schedule progress reports.

H. Signature and Certification. All baseline monitoring reports shall be signed and certified in accordance with DSRSDC 5.20.220, Signatory and certification requirement. [Ord. 348, 2020.]

5.20.310 Compliance schedule progress reports.

The following conditions shall apply to the compliance schedule required by DSRSDC 5.20.300(G), Compliance Schedule:

A. The schedule shall contain progress dates for the commencement and completion of major events for the construction and operation of additional facilities for pretreatment including, but not limited to, retention of engineering services, completion of preliminary and final plans and drawings, execution of a contract for construction of major pretreatment components, commencement and completion of construction, and commencement of pretreatment operations;

B. No time increment referenced in subsection (A) of this section shall exceed nine months;

C. The user shall submit a progress report to the District no later than 14 days following each scheduled progress date and the commencement date of pretreatment operations including, as a minimum, the user’s status of compliance with the schedule, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the approved schedule; and

D. In no event shall the period between successive progress reports exceed nine months. [Ord. 348, 2020.]

5.20.320 Reports on compliance deadline.

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, national pretreatment standards or standards or requirements or, in the case of a new source, within 90 days following commencement of discharge of wastewater into the District’s treatment works, a user subject to such pretreatment standards shall submit to the District a report containing the information described in DSRSDC 5.20.300(D), Flow Measurement, through DSRSDC 5.20.300(F), Certification. For users whose discharge is subject to equivalent mass or concentration limits established in accordance with the procedures contained in 40 CFR Section 403.6(c), the report shall include 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), the report shall include the user’s actual production during the appropriate sampling period. All compliance reports shall be signed and certified in accordance with DSRSDC 5.20.220, Signatory and certification requirement. [Ord. 348, 2020.]

5.20.330 Periodic compliance reports.

A. All significant industrial users that are not monitored by the District shall, at a frequency determined by the District, but in no case less than semiannually, submit a report describing the nature and concentration of pollutants in its discharge subject to categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements, together with the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports shall be signed and certified in accordance with DSRSDC 5.20.220, Signatory and certification requirement.

B. All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be operated efficiently and accurately, and maintained in a clean condition and in good working order at all times; provided, that failure to do so shall not be grounds for a user to claim that sample results are unrepresentative of its discharge.

C. If a user subject to the reporting requirement of this section monitors any pollutant more frequently than required by the District, the results of such monitoring, using the procedures prescribed in DSRSDC 5.20.380, Analytical requirements, and DSRSDC 5.20.390, Sample collection, shall be included in the report. [Ord. 348, 2020.]

5.20.340 Reports of changed conditions.

A. Each user shall notify the District of any planned significant changes to its operations or system that might alter the nature, quality, or volume of its wastewater at least 30 days before the change.

B. The District may require the user to submit such information as the District may deem necessary to evaluate the changed condition, including the submittal of a wastewater discharge permit application pursuant to DSRSDC 5.20.210, Wastewater discharge permit application.

C. The District may issue a wastewater discharge permit pursuant to DSRSDC 5.20.260, Wastewater discharge permit modification, or modify an existing wastewater discharge permit pursuant to DSRSDC 5.20.290, Wastewater discharge permit reissuance, in response to changed conditions or anticipated changed conditions. [Ord. 348, 2020.]

5.20.350 Reports of potential problems.

A. All users shall immediately telephone the District in the case of any discharge that may have an adverse effect upon the District’s treatment works. Such discharges shall include, but not be limited to, accidental discharges, discharges of a nonroutine or episodic nature, noncustomary batch discharges, or any slug load. The notification shall include the business name, contact person and telephone number of the user, the location and time of the discharge, the type of waste or wastewater discharged, including hazardous properties, concentration and volume of the discharge, if known, and corrective actions taken by the user.

B. Within five days following such discharge, the user shall submit a detailed written report to the District describing the cause(s) of the discharge and the measures taken or to be taken by the user to prevent similar future occurrences. The notification and report made pursuant to subsections (A) and (B) of this section shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the District’s treatment works, damages to or destruction of natural resources, or any other damage to person or property; nor shall such notification or report release the user from liability for violation of the requirements of the user’s wastewater discharge permit, this chapter, the Act or other applicable law or regulation.

C. A notice shall be permanently posted on the user’s bulletin board or in or on some other prominent place advising employees who to call in the event of a discharge described in subsection (A) of this section. Employers shall ensure that all employees responsible for operations or activities that result in discharges, or that may result in a discharge described in subsection (A) of this section, are advised of the emergency notification procedure. [Ord. 348, 2020.]

5.20.360 Reports from unpermitted users.

The District may require any user not subject to the requirements for a wastewater discharge permit to provide appropriate reports to the District regarding the user’s operations and discharge in furtherance of the purposes of this chapter. [Ord. 348, 2020.]

5.20.370 Violation – Repeat sampling and reporting.

If the results of analysis of the wastewater of a user indicate that a violation of the user’s permit has occurred, or that a violation of any provision of this chapter, the Act or any applicable federal or state of California law or regulation has occurred, the user shall:

A. Inform the District of the violation within 24 hours after becoming aware of the violation; and

B. Repeat the sampling and pollutant analysis and submit, in writing, the results of this second analysis within 30 days from the date the user first became aware of the violation.

If the District performs the sampling or monitoring, the District will notify the user of the violation and repeat the sampling. [Ord. 348, 2020.]

5.20.380 Analytical requirements.

All pollutant analyses, including sampling techniques, submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques specified in 40 CFR Part 136, or amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analysis shall be performed in accordance with procedures approved by the EPA or the state of California. [Ord. 348, 2020.]

5.20.390 Sample collection.

A. All users required to perform compliance sampling shall collect wastewater samples using flow proportional composite collection techniques, except for those samples described in subsection (B) of this section. If flow proportional sampling is infeasible, the District may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that either of those techniques will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques.

C. Users may request modifications to the above sample collection protocols for their particular facility. It shall be the user’s responsibility to demonstrate to the satisfaction of the District that any proposed modifications will comply with 40 CFR Part 403, and that all samples will be representative of the discharge. [Ord. 348, 2020.]

5.20.400 Reports deemed submitted upon receipt.

Written reports shall be deemed to have been submitted on the date received by the District. [Ord. 348, 2020.]

5.20.410 Record retention.

Consistent with 40 CFR Section 403.12(o), all records relating to compliance with categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements shall be made available to representatives of the EPA, state of California and the District authorized by those entities to receive or inspect such records. Such records shall include for all samples:

A. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

B. The date(s) analyses were performed;

C. Who performed the analyses;

D. The analytical methods used; and

E. The results of such analyses.

Such reports shall be retained for a minimum of three years from the date thereof; provided, that records pertaining to, or prepared for, any investigation or enforcement action shall be retained for a minimum of three years from the date that such investigation or enforcement action has concluded as evidenced by a final decision (including exhaustion of administrative appeals) of the agency or entity that conducted the investigation or enforcement action or by final decision of a court of competent jurisdiction (including final appellate review). Notwithstanding the foregoing, the General Manager may require retention of certain records specified by him or her for a longer period. [Ord. 348, 2020.]

5.20.420 Right of entry – Inspection and sampling.

The District and its officers, employees and agents are hereby authorized, at its or their discretion, to inspect the facilities of any user to ascertain whether the user’s operations and activities comply with the requirements of this chapter and/or of the user’s wastewater discharge permit including, without limitation, compliance with applicable categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements. Users and persons occupying or in possession of premises where wastewater is generated or discharged, or where hazardous substances or wastes are present, shall allow the District or its representatives access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, analysis, records examination and copying, or the performance of any other of their duties. The District or its authorized representatives, individually or accompanied by representatives of such other public agencies as the District deems appropriate, are hereby authorized to assemble or install on the user’s premises such devices and equipment that are necessary or appropriate to conduct sampling, inspection, compliance monitoring and/or metering operations. If a user has security measures that require identification and approval before entry onto its premises, the user shall provide appropriate authorization for District representatives and other persons authorized by the District to enter the premises without delay for the above-described purposes. The user shall inform the District of its safety procedures and requirements, provide instruction regarding such matters, and, where appropriate, provide personal protective clothing or equipment. [Ord. 348, 2020.]

5.20.430 Inspection/search warrants.

Pursuant to state of California law, the District may obtain inspection and search warrants to enforce the provisions of this chapter, categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements, permits issued pursuant to this chapter, the Act and federal and state of California regulations implementive thereof. [Ord. 348, 2020.]

5.20.440 Confidential information.

Information and data obtained from or pursuant to reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, and from the District’s inspection and sampling activities of or pertaining to a user shall be, and are, public records unless a user specifically requests confidentiality in writing and demonstrates to the satisfaction of the District that such information is entitled to exemption from disclosure under the California Public Records Act (California Government Code Section 6250 et seq.). The General Manager shall make the final determination regarding such exemption. Nothing in the preceding two sentences shall be construed to prevent the District from proceeding under DSRSDC 1.40.090, Alternative procedures, and, notwithstanding the foregoing, wastewater constituents and characteristics will not be recognized as confidential information.

The portions of such information that are determined to be exempt from disclosure to the public shall be made available upon request to other governmental agencies for uses related to this chapter, the District’s NPDES permit, or for purposes otherwise within the law enforcement jurisdiction of such agencies, including administrative and judicial proceedings in pursuance thereof.

Information and/or data that user believes to be proprietary and exempt from disclosure, may, upon request of the user and at the discretion of the District, be made available to the District for its review at the user’s facility in lieu of transmittal or delivery thereof to the District’s offices. A user bears the burden of demonstrating to the District that such information is proprietary, that this alternative procedure is necessary or appropriate and will not prevent the District from properly carrying out the objectives of this chapter.

Such information and/or data thus determined to be exempt from disclosure shall not be transmitted or released to any person or entity, except the Environmental Protection Agency, the State of California Water Resources Control Board, the San Francisco Bay Regional Water Quality Control Board, or other governmental agencies acting within their law enforcement jurisdiction unless 15 days’ advance notice of the intended transmittal or release is given to afford the customer a reasonable opportunity to obtain a protective order or unless the District elects to proceed in accordance with the procedures in DSRSDC 1.40.090, Alternative procedures. [Ord. 348, 2020.]

5.20.450 Publication of users in significant noncompliance.

Pursuant to the federal pretreatment regulations (40 CFR Section 403.8(f)(2)(viii)) the District shall comply with the public participation requirements of 40 CFR Part 25. Therefore, the District shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the District’s service area, the name of any industrial/commercial user determined to be in significant noncompliance with applicable categorical pretreatment standards, national pretreatment standards or pretreatment standards or requirements at any time during the prior 12 months. Instances of significant noncompliance are user violations which meet one or more of the following criteria:

A. Violations of Wastewater Discharge Limits.

1. Chronic Violations. Chronic violations are defined as those in which 66 percent or more of all of the measurements for the same pollutant parameter exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR Section 403.3(1) during a six-month period.

2. Technical Review Criteria (TRC) Violations. TRC violations are defined as those in which 33 percent or more of all of the measurements for the same pollutant parameter equal or exceed the product of numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR Section 403.3(1) multiplied by the applicable TRC factor during a six-month period. The TRC factors are 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants, except pH.

3. Any other violation(s) of a pretreatment standard or requirement as defined by 40 CFR Section 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) which the District determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through, or which has endangered the health or safety of District personnel or the public.

4. Any discharge of pollutant(s) that has caused imminent danger to human health, safety or welfare or to the environment, or that has resulted in the exercise of the District’s emergency authority to halt or prevent such a discharge.

B. Violation of Compliance Milestones. Failure to meet within 90 days after the compliance date compliance schedule milestones contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.

C. Failure to Provide Reports. Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 45 days from the date the reports are, or related information is, due.

D. Failure to Report Accurately. Failure to report accurately and promptly any noncompliance.

E. Other Violations. Any other violation or group of violations, which may include a violation of best management practices, which the District concludes will adversely affect the operation or implementation of the District’s pretreatment program or the objectives of this chapter. [Ord. 348, 2020.]

5.20.460 Notice of violation.

A. Contents. When the Wastewater Treatment Plant Legally Responsible Official finds that a user has violated, or continues to violate, any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or any pretreatment standard or requirement, the Wastewater Treatment Plant Legally Responsible Official may serve the user with a written notice of violation. The notice of violation shall state: (1) a reference (citation) number; (2) the name, address and telephone number of the user; (3) the location of the violation; (4) the nature of the violation and the particular provisions of this chapter, order, permit, permit term(s) or condition(s), standard or standards or requirement(s) which have been, or are being, violated; (5) that the user shall submit, within 30 calendar days from service of the notice of violation, a plan of corrective measures that have been implemented to prevent the violation from recurring, which plan shall be subject to the approval of the Wastewater Treatment Plant Legally Responsible Official; and (6) such other information that the Wastewater Treatment Plant Legally Responsible Official deems necessary.

The Wastewater Treatment Plant Legally Responsible Official, in writing, may extend the time for performance of any act required in the notice of violation.

Submission of a plan of corrective measures taken shall not relieve or release the user from liability or responsibility for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the District to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B. Service of Notice of Violation. The notice of violation shall be served personally or by certified or registered mail, addressed to the user, permit applicant, permittee or other responsible person or party, at the address on file with the District or otherwise obtained by the District. Service by certified or registered mail shall be deemed completed five days after deposit with the United States Postal Service. Failure to receive a notice of violation shall not invalidate any action taken by the District in pursuance thereof. Proof of service of the notice shall be retained in the files of the District. [Ord. 348, 2020.]

5.20.470 Order to show cause.

In lieu of serving a notice of violation under DSRSDC 5.20.460, Notice of violation, the Wastewater Treatment Plant Legally Responsible Official may serve an order to show cause why enforcement action should not be taken against any user that has violated, or continues to violate, any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or any pretreatment standard or requirement. The order to show cause shall specify (A) the time, date and place of a hearing to be held before a hearing officer, at which hearing the user shall show cause why a proposed enforcement action should not be taken, (B) the violation(s) against which enforcement is proposed to be taken, (C) the proposed enforcement action, (D) a brief statement of the factual basis for the proposed enforcement action, and (E) a demand that the user show cause why the proposed enforcement action should not be taken. The hearing shall not be held less than 30 days from the date of service of the order to show cause. Service of the order to show cause shall be made in accordance with the provisions of DSRSDC 5.20.460(B), Service of Notice of Violation.

The hearing on an order to show cause shall be held before a hearing officer appointed by the General Manager. The Wastewater Treatment Plant Legally Responsible Official shall be the moving party and shall present evidence in support of the order. The user may respond by presenting evidence opposing the order. Thereafter, the Wastewater Treatment Plant Legally Responsible Official may present evidence in rebuttal of the user’s evidence. Strict rules of evidence shall not apply to the presentation of evidence; provided, that any relevant facts may be admitted into evidence by the Hearing Officer. The Hearing Officer shall determine the weight and credibility of the evidence. A record of the hearing shall be prepared upon the request, and at the expense, of the user. The Hearing Officer shall render his or her decision in writing within 30 days from the conclusion of the hearing. Service of the decision shall be made in accordance with the provisions of DSRSDC 5.20.460(B), Service of Notice of Violation. [Ord. 348, 2020.]

5.20.480 Compliance orders.

When the Wastewater Treatment Plant Legally Responsible Official finds that a user has violated, or continues to violate, any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or any pretreatment standard or requirement, the Wastewater Treatment Plant Legally Responsible Official may issue an order directing the user to comply with the stated provision(s) within a specified time. If the user does not comply within the time allowed, the District may discontinue sanitary sewer service to the user’s facilities unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated by the user. Compliance orders may include other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the treatment works. A compliance order may not extend deadlines established for compliance with a categorical pretreatment standard, national pretreatment standard or any pretreatment standard or requirement. Compliance with a compliance order shall not be a defense against, nor preclude, any enforcement action pursuant to this chapter including, without limitation, enforcement actions for the violation(s) stated in the compliance order. [Ord. 348, 2020.]

5.20.490 Cease and desist orders.

A. Comply immediately with all requirements; and

B. Take such appropriate remedial or preventive action as may be needed to properly prevent a continuing or threatened violation, including ceasing the user’s operations and/or terminating discharge into the treatment works.

Compliance with a cease and desist order shall not be a defense against, nor preclude, any enforcement action pursuant to this chapter including, without limitation, enforcement actions for the violation or violations stated in the cease and desist order. [Ord. 348, 2020.]

5.20.500 Consent orders.

The General Manager, upon the recommendation of the Wastewater Treatment Plant Legally Responsible Official, may enter into consent orders, assurances of voluntary compliance, or similar agreements with any user not in compliance with any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement, or whose prior violations the Wastewater Treatment Plant Legally Responsible Official determines are likely to recur. Such agreements shall include specific action to be taken by the user to correct the noncompliance or anticipated noncompliance within a specified time. Such agreements shall have the same force and effect as orders issued pursuant to DSRSDC 5.20.480, Compliance orders, and DSRSDC 5.20.490, Cease and desist orders. [Ord. 348, 2020.]

5.20.510 Appeals.

A. Appeal to General Manager. An appeal to the General Manager may be taken from (1) a notice of violation, compliance order or cease and desist order, (2) any other enforcement action by the District pursuant to this chapter, or (3) an interpretation of a provision of this chapter or a permit issued pursuant to this chapter, except a decision on an order to show cause. Appeals from a notice of violation, compliance order or cease and desist order shall be initiated by filing a notice of appeal with the District Secretary within 10 days from service of the notice or order, respectively. Appeals from any other enforcement action shall be initiated by filing a notice of appeal with the District Secretary within 10 days from the enforcement action if no written notice thereof has been given, or within 10 days from the date written notice of the enforcement action was given. Appeals from an interpretation of a provision of this chapter or of a permit shall be initiated by filing a notice of appeal with the District Secretary within 10 days from written confirmation by the District of the interpretation. The General Manager shall not have jurisdiction to hear an appeal for which a notice of appeal has not been timely filed.

The notice of appeal shall specify the action, decision or interpretation that is being appealed, the date thereof, and shall specify each ground of the appeal and provide a mailing address for service of notices and other information pertaining to the appeal, if different from the address used for service pursuant to DSRSDC 5.20.460(B), Service of Notice of Violation, or any of DSRSDC 5.20.470, Order to show cause, DSRSDC 5.20.480, Compliance orders, DSRSDC 5.20.490, Cease and desist orders, or DSRSDC 5.20.500, Consent orders. Upon receipt of a notice of appeal, the District Secretary shall set the date for hearing the appeal, which shall not be more than 60 days from the date the notice of appeal was filed. The District Secretary shall give the appellant written notice of the date, time and place of the hearing on the appeal by certified or registered mail not less than 15 days before the hearing on the appeal and shall provide copies of the notice to the General Manager, the Wastewater Treatment Plant Legally Responsible Official and to the person whose action, decision or interpretation is being appealed. The Wastewater Treatment Plant Legally Responsible Official shall be a party to all appeals to the General Manager.

Unless the General Manager determines in his or her discretion to adopt a different procedure, the order of presentation for a public hearing shall be as follows. The hearing shall commence with a presentation by the Wastewater Treatment Plant Legally Responsible Official or the person whose action, decision or interpretation was appealed. Thereafter, the appellant shall make his or her presentation. Thereafter, the Wastewater Treatment Plant Legally Responsible Official or the person whose action, decision or interpretation was appealed may, at the discretion of the General Manager, make a further presentation. Strict rules of evidence shall not apply to the presentation of evidence; provided, that any relevant facts may be admitted into evidence at the discretion of the General Manager. The General Manager shall determine the weight and credibility of the evidence. A record of the hearing shall be prepared upon the request and at the expense of the appellant. The General Manager shall serve his or her written decision, including any findings that the General Manager may make, within 30 days from the conclusion of the hearing. Nothing in the preceding sentence shall be construed to require the making of any findings except as may be required by applicable substantive law governing the notice of violation, compliance order or cease and desist order, as the case may be. Service of the decision on the appellant shall be made in accordance with the provisions of DSRSDC 5.20.460(B), Service of Notice of Violation, DSRSDC 5.20.470, Order to show cause, DSRSDC 5.20.480, Compliance orders, DSRSDC 5.20.490, Cease and desist orders, or DSRSDC 5.20.500, Consent orders, whichever is or are applicable, or to an address given by the appellant pursuant to the preceding paragraph, with copies to the Wastewater Treatment Plant Legally Responsible Official and to the person whose decision, action or interpretation had been appealed.

B. Review by Board. Review by the Board of a decision of the General Manager or the decision of a hearing officer on an order to show cause may be initiated by filing a written notice of appeal with the District Secretary pursuant to DSRSDC 1.80.050(C), Notice of Appeal to Board – Time for Filing. The Board shall not have jurisdiction to review a decision for which a request for review has not been timely filed.

The District Secretary shall, pursuant to DSRSDC 1.80.050(D), Notice of Hearing Before Board, serve the aggrieved person, either personally or by United States mail, written notice of the time and date of the Board meeting at which the appeal will be considered.

The Board will act on the appeal pursuant to DSRSDC 1.80.050(E), Action on Appeal to Board. The Board shall serve its written decision, including findings, within 30 days from the conclusion of the review. Service of the decision on the appellant shall be made in accordance with the provisions of DSRSDC 5.20.460(B), Service of Notice of Violation, DSRSDC 5.20.470, Order to show cause, DSRSDC 5.20.480, Compliance orders, DSRSDC 5.20.490, Cease and desist orders, or DSRSDC 5.20.500, Consent orders, whichever is or are applicable, or to an address given by the appellant pursuant to subsection (A) of this section, Appeal to General Manager, with copies to the General Manager, Wastewater Treatment Plant Legally Responsible Official and the person whose action, decision or interpretation was initially appealed to the General Manager or who initiated the order to show cause, as applicable. The decision of the Board shall be final.

C. Exclusion. The provisions of this section do not apply to proceedings for civil liability and civil penalties under California Government Code Section 54740 et seq., authorization for which is provided in DSRSDC 5.20.520, Civil liability, administrative complaint, penalties and costs. [Ord. 348, 2020.]

5.20.520 Civil liability, administrative complaint, penalties and costs.

A. Civil Liability and Administrative Complaints. The provisions of this chapter establish requirements for pretreatment of industrial waste and prevention of the entry of industrial waste into the treatment works pursuant to California Government Code Section 54739. When the Wastewater Treatment Plant Legally Responsible Official finds that a user has violated, or continues to violate, any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement, upon the recommendation of the General Manager, the Board may authorize the filing of a petition in the superior court for enforcement of civil liability pursuant to California Government Code Section 54740 or the General Manager may issue an administrative complaint pursuant to California Government Code Section 54740.5.

B. Civil Liability Amount. Any person who has violated, or continues to violate, any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement may be civilly liable in a sum of not to exceed $25,000 a day for each violation pursuant to California Government Code Section 54740.

C. Administrative Complaint Civil Penalty Amounts. Any person who has violated, or continues to violate, any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement may be liable for a civil penalty imposed pursuant to an administrative complaint issued in accordance with California Government Code Section 54740.5 as follows:

1. In an amount which shall not exceed $2,000 for each day for failing or refusing to furnish technical or monitoring reports.

2. In an amount which shall not exceed $3,000 for each day for failing or refusing to timely comply with any compliance schedule established by the District.

3. In an amount which shall not exceed $5,000 per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the District.

4. In an amount which does not exceed $10.00 per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the District.

5. The amount of any civil penalties imposed under this section and California Government Code Section 54740.5 which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for 10 years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

D. Administrative Complaint Moneys.

1. All moneys collected pursuant to an administrative complaint shall be deposited in a special account of the District and shall be made available for the monitoring, treatment, and control of discharges into the District’s treatment works or for other mitigation measures.

2. Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing on the complaint and requested a copy.

3. The District may, at its option, elect to petition the superior court to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the Code of Civil Procedure.

4. No penalties shall be recoverable pursuant to an administrative complaint for any violation for which civil liability is recovered under California Government Code Section 54740.

E. Costs, Expenses and Damages. In addition to civil and criminal liabilities and civil penalties, any person who has violated, or continues to violate, any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement shall also be liable for any and all costs, expenses and damages incurred or suffered by the District as a result of such violation. Failure to pay such costs, expenses and damages within 30 days from the date of billing therefor, or within such other time as may be specified by the District, shall constitute a separate violation of this chapter.

F. Cumulative, Nonlimiting Effect. The provisions of this section shall not be deemed a limitation upon the provisions of California Government Code Section 54725 et seq. Enforcement pursuant to this section and said California Government Code provisions shall be in addition to all other enforcement provisions authorized under this chapter. [Ord. 348, 2020.]

5.20.530 Emergency suspensions.

A. The District may immediately suspend a user’s discharge, after giving notice to the user by any means reasonably available, to stop an actual or threatened discharge which the District determines is likely to cause an interference or pass-through or otherwise threatens to interfere with the operation of the treatment works or other District operations, or which constitutes an imminent or substantial threat to the health, safety or welfare of persons or endangers the environment or property (hereinafter, “emergency condition”).

B. Any user notified of a suspension of its discharge shall immediately cease discharging or eliminate the pollutant or other cause for the suspension. If a user fails to comply immediately with the suspension order, the District may take such steps as it deems necessary, including immediate severance of the connection of the user’s facilities to the treatment works, in order to prevent or minimize the emergency condition. The District may allow the user to resume its discharge when the user has demonstrated to the satisfaction of the District that the emergency condition has been eliminated or reduced to a level determined acceptable by the Wastewater Treatment Plant Legally Responsible Official, unless termination proceedings under DSRSDC 5.20.540, Termination of discharge, are initiated against the user.

C. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement that includes the causes of the harmful contribution and the measures taken to prevent any future occurrence. The written statement shall be submitted to the District five days prior to the date of any show cause or termination hearing under DSRSDC 5.20.470, Order to show cause, or DSRSDC 5.20.540, Termination of discharge, respectively; provided, that no hearing shall be required for any action taken by the District in response to an emergency condition under this section. [Ord. 348, 2020.]

5.20.540 Termination of discharge.

In addition to the causes specified in DSRSDC 5.20.280, Wastewater discharge permit revocation, discharge to the treatment works from a user’s facilities may be terminated for the following:

A. Violation of wastewater discharge permit conditions.

B. Failure to report accurately the wastewater constituents and characteristics of a discharge.

C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge.

D. Refusal of reasonable access to a user’s premises for the purpose of inspection, monitoring or sampling.

E. Violation of the pretreatment standards contained in DSRSDC 5.20.040, Prohibited discharge standards, through DSRSDC 5.20.070, State and federal requirements and standards.

F. Failure to notify the District immediately of accidental discharges and/or to take appropriate corrective measures to prevent a recurrence thereof.

G. Failure to submit periodic compliance reports in a timely manner.

H. Failure to pay fees and charges or penalties established pursuant to this chapter or other District ordinance or resolution.

Proceedings for termination of service under this section shall be initiated by issuance of an order to show cause pursuant to DSRSDC 5.20.470, Order to show cause. Termination of service under this section is in addition to, and cumulative with, all other remedies of the District. [Ord. 348, 2020.]

5.20.550 Legal and equitable remedies.

The Board may authorize commencement of an action for damages and/or for equitable relief including, without limitation, injunctive relief, for violation, or enforcement, of the provisions of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement. [Ord. 348, 2020.]

5.20.560 Violation a misdemeanor.

A. A user or any other person who violates any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed six months, or by both. Each day a violation occurs or continues constitutes a separate offense.

B. A user or any other person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or a wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed six months, or by both. Each act of falsification, tampering, or knowingly rendering inaccurate any monitoring device shall constitute a separate offense. The foregoing provisions are not a limitation upon prosecution for violation of laws pertaining to perjury or false claims. [Ord. 348, 2020.]

5.20.570 Remedies nonexclusive.

The remedies provided in this chapter shall be cumulative and not exclusive, and shall be in addition to any and all other remedies that may accrue to the District. The Wastewater Treatment Plant Legally Responsible Official may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the District’s “Pretreatment Program Administrative Manual” (sometimes called “Enforcement Response Plan”). However, the Wastewater Treatment Plant Legally Responsible Official may take other action against any user when the circumstances warrant. Further, the Wastewater Treatment Plant Legally Responsible Official is empowered to take more than one enforcement action against any noncompliant user. [Ord. 348, 2020.]

5.20.580 Performance bonds.

The District may require a user that has violated any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement to post a performance bond in form approved by counsel for the District guaranteeing to the District compliance with the provisions of this chapter, orders issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, categorical pretreatment standards, national pretreatment standards, or pretreatment standards or requirements as a condition for issuance or reissuance of a wastewater discharge permit, the principal amount of which shall be the estimated damages or liquidated damages that would be suffered by the District for failure of such compliance. [Ord. 348, 2020.]

5.20.590 Liability insurance.

The District may require a user that has violated any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement to obtain and maintain in effect during the term or remaining term of its wastewater discharge permit general or public liability insurance in an amount or amounts deemed by the District to be sufficient to insure against damages to persons or property for a violation of any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or pretreatment standard or requirement. [Ord. 348, 2020.]

5.20.600 Water service termination.

The District may terminate water service to the property of a user from which a discharge has occurred that has resulted in a violation of any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or any pretreatment standard or requirement. Water service shall be reinstituted at the user’s expense upon a determination by the Wastewater Treatment Plant Legally Responsible Official that adequate measures or means have been taken by the user to prevent recurrence of such violation or of any other such violation. [Ord. 348, 2020.]

5.20.610 Public nuisance.

A violation of any provision of this chapter, an order issued pursuant to this chapter, a wastewater discharge permit or any term or condition contained in such permit, any categorical pretreatment standard, national pretreatment standard or any pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the District. A user or any other person causing such public nuisance shall be subject to the provisions of this code governing such nuisances including, without limitation, reimbursement to the District for any costs incurred in abating or remediating said nuisance. [Ord. 348, 2020.]

5.20.620 Paramount provisions.

In the event of a conflict between the provisions and terms of this chapter and the provisions and terms of any other chapter of this code or ordinance or resolution, the provisions and terms of this chapter shall prevail. [Ord. 348, 2020.]