Chapter 3.05
USE OF PUBLIC SEWERS
Sections:
3.05.020 Pretreatment program.
3.05.030 Prohibitions on wastewater discharges.
3.05.040 Local limitations on wastewater discharges.
3.05.060 National categorical pretreatment standards, state pretreatment standards.
3.05.070 Limitations on point of discharge.
3.05.080 Trucked or hauled waste.
3.05.090 Medical facility waste.
3.05.100 Monitoring facilities.
3.05.110 Measurements and tests.
3.05.120 Special arrangement agreements.
3.05.140 Use of storm sewers required.
3.05.160 Applicability of standards and limits of this chapter – Conflicts with other regulations.
3.05.170 Regulation of waste received from other jurisdictions.
3.05.180 Fats, oils and grease (FOG) control program.
3.05.010 Introduction.
This chapter is applicable to areas within the boundaries of the Malaga County Water District and to all other areas and entities which by contract are bound to comply with the ordinances, resolutions, rules, policies and regulations of the District.
3.05.015 Permit required.
Pursuant to the authority set forth in the MCWDC 3.01.030 the District may require any or all commercial/industrial user(s), as its primary control mechanism pursuant to 40 CFR 403.8(f) to have an individual wastewater discharge permit issued pursuant to this code or the District’s Pretreatment Program and the failure or refusal by any user to obtain such permit or to operate without a permit when required shall be deemed a violation of this code. [Ord. 2021-1 § 3.]
3.05.020 Pretreatment program.
Pursuant to the authority of the District as set forth in MCWDC 3.01.030, the District may adopt and amend, from time to time, any rules, regulations, administrative guidelines or procedures the District may deem necessary to implement the District’s pretreatment program. Said rules, regulations, administrative guidelines or procedures are incorporated by this reference into this code and together with the provisions of the Malaga Code shall constitute the District’s pretreatment program which shall apply to all discharges to the District’s POTW. Failure of any user or person to comply with the District’s pretreatment program shall be a violation of the Malaga Code. [Ord. 2014-2 § 7.]
3.05.030 Prohibitions on wastewater discharges.
A. General Prohibitions. No person shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference or which contains any substance or material in violation of any permit or applicable law or order. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
B. Specific Prohibitions. No person or user shall introduce or cause to be introduced into the POTW any substance or material in violation of any permit or applicable law or order including, but not limited to, the following:
1. Fire or Explosive Mixtures. Liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater facilities or to the operation of such wastewater facilities. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes and any other liquids having a closed-cup flash point of less than 140 degrees Fahrenheit using test methods specified in 40 CFR 261.21, peroxides, chlorates, perchlorates, bromates, carbides, formaldehyde, hydrides, and sulfides.
At no time shall the reading on a combustible gas meter at the point of discharge, or at any point in the wastewater facilities, exceed five percent of the lower explosive limit (LEL) of the meter.
2. Corrosive Wastes. Any waste which will cause corrosion or deterioration detrimental to the design life expectancy of the wastewater facilities. All wastes discharged to the public sewer must have a pH value in the range of 6.0 to 9.0 standard units. Materials which may be prohibited under this section include, but are not limited to, acids, caustics, sulfides, concentrated chloride and fluoride compounds, and substances which will react with water to form acidic products.
3. Solid or Viscous Waste. Solid or viscous waste which will or may cause obstruction to the flow in a sewer, or otherwise interfere with the proper operation of the wastewater facilities. Prohibited materials include, but are not limited to, any incompatible pollutant greater than three-eighths inch in any dimension, grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, polishing compounds, resin beads, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, and similar substances.
4. Excessive Discharge Rate (Slug Loads).
a. Hydraulic. That rate of flow which shall result from the averaging of the flow rates over a period of 15 consecutive minutes and which shall be greater than five times the 24-hour total volume expressed in million gallons per day (MGD), of a monthly flow volume greater than that specified by connection permit shall be considered excessive.
b. Loadings. Those concentrations of pollutants such as toxics, grease and oil, and other constituents, which in a grab sample are greater by a factor of five than the average 24-hour concentration allowed in the nonresidential permit or a mass emission greater than that specified by connection permit shall be considered excessive.
c. BOD and SS. Those concentrations of biochemical oxygen demand and suspended solids which, in a composite sample taken at intervals of 15 minutes over a period of four hours, are greater by a factor of five than the average 24-hour concentration allowed in the nonresidential permit or a mass emission greater than that specified by nonresidential permit shall be considered excessive.
d. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or concentration which may cause interference or pass through.
5. Heat. Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40 degrees Celsius (104 degrees Fahrenheit) unless the approval authority, upon request of the POTW, approves alternate temperature limits.
6. Oils and Grease.
a. Oil and grease concentrations or mass emission rates in violation of applicable federal, state, the pretreatment program or pretreatment standards.
b. Wax, grease or oil of animal, vegetable, mineral or petroleum origin (including emulsified forms) in any concentration or quantity which may cause or significantly contribute to flow obstruction, pass through or interference, or otherwise be incompatible with the wastewater facilities, or in violation of any permit, the pretreatment program, order or applicable law.
c. Oil and grease total limitations are established at 200 milligrams per liter in the absence of any other permit, order, or applicable law. Each premises and/or use may require more stringent standards as determined by the District. In the event of different limits, the lowest maximum limitation shall be applicable.
7. Noxious Material. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
8. Trucked or Hauled Pollutants. Any trucked or hauled pollutants, except at discharge points designated by the POTW. (See MCWDC 3.05.080.)
9. Radioactive Wastes. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater facilities or personnel operating the wastewater facilities.
10. Toxic or Hazardous Substances.
a. Any toxic or hazardous substance in a manner or quantity which is in violation of any federal, state or District regulation, standard or limitation;
b. Except as provided in MCWDC 3.05.080, any hazardous substance by truck, by rail, or by dedicated pipeline;
c. Any chemical element or compound, including taste- or odor-producing substances, which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the wastewater facilities.
11. Unpolluted Waters. Any unpolluted water including, but not limited to, water from cooling systems or of storm water origin, which will increase the hydraulic load on the wastewater facilities.
12. Discolored Materials. Wastes with objectionable color not removable by the treatment process. Such color shall be objectionable if it causes the plant effluent to fail to meet state or EPA standards for turbidity or light transmittance, or if it causes pollution to waters of the state.
13. Interference with Reclamation or Reuse. Any waste which will cause, threaten to cause, or is capable of causing either alone or by interaction with other substances in the District’s effluent or any other product of the treatment process, residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
14. Incompatible Pollutants. Any waste which is not a “compatible pollutant” as defined in this code or which may interfere with or may pass through the sewerage system or which may cause abnormal increase in the operation costs of the wastewater facilities.
15. Nuisance. Any waste which will cause, threaten to cause, or is capable of causing either alone or by interaction with other substances a detrimental environmental impact or a nuisance in the waters of the state or a condition unacceptable to the District or to any public agency having regulatory jurisdiction over the District.
3.05.040 Local limitations on wastewater discharges.
The following table (Table 3.05.040) specifies the maximum instantaneous concentrations of pollutants allowable in wastewater discharges to the wastewater facilities. If any other permit, the pretreatment program, order, or state or federal or other regulation prescribes a lower maximum concentration of any pollutants set forth in Table 3.05.040, then the lower maximum will apply.
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pH – acceptable range 6.0 to 9.0 pH units (batch discharges outside of the range may be approved on a case-by-case basis, depending on the quantity, pH, and other characteristics). |
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Temperature – not to exceed temperatures that will cause interference or that will cause the influent at the treatment plant to exceed 104 degrees Fahrenheit, but in no case to exceed 150 degrees Fahrenheit. |
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Radioactivity – not to exceed limits specified in Title 17 of the California Code of Regulations or other applicable law or regulation. |
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Electrical Conductivity – not to exceed 950 umho/cm. A user which has a flow volume less than 3,000 gallons per day and less than 25,000 gallons per month may, if approved by the District in writing, have a maximum concentration limit for electrical conductivity of up to 3,000 umhos/cm except that such discharge shall not be an incompatible pollutant nor shall it pass through the POTW or interfere with the POTW. |
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Limitations for other incompatible pollutants have not been established for general application. The District will determine and implement such limits for such constituents as necessary to ensure compliance with the District’s California Regional Water Quality Control Board permit requirements and with more restrictive pretreatment standards for new sources as prescribed by the Environmental Protection Agency (EPA), or any other agency with jurisdiction. |
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The following limits, which apply at the point where wastewater is discharged to the POTW, are general guidelines and stricter limits may apply as required by the California Regional Water Quality Control Board, the EPA, the District, or any other agency having jurisdiction. All concentrations for metals are for total metal unless otherwise indicated: |
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Arsenic |
5 ppm |
Zinc |
5 ppm |
Mercury |
0.2 ppm |
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Cadmium |
0.1 ppm |
Nickel |
5 ppm |
Selenium |
1 ppm |
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Copper |
5 ppm |
Silver |
5 ppm |
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Lead |
5 ppm |
Chromium |
5 ppm |
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3.05.050 Dilution – Bypass.
A. The dilution of any wastewater for the purpose of satisfying discharge limitations is prohibited.
B. The bypassing of any discharge control or monitoring facilities or equipment is prohibited.
3.05.060 National categorical pretreatment standards, state pretreatment standards.
A. National Categorical Pretreatment Standards. Users must comply with the categorical pretreatment standards as set forth in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, which are incorporated into this code by this reference.
B. State Pretreatment Standards. Users must comply with all applicable state pretreatment standards as they are now or may be amended. Said standards are incorporated into this code by this reference.
3.05.070 Limitations on point of discharge.
A. Approved Discharge. No person shall discharge any substance directly into a manhole or other opening in the sewerage system other than through an approved building sewer unless, upon written application by the user and payment of applicable charges and fees, the District issues a permit for such direct discharges.
B. Separate Domestic Discharge. The District may require any IU to separate domestic discharge from industrial wastewaters until after the industrial wastewaters have passed through all pretreatment and monitoring facilities. This requirement may be imposed, as determined by the District Engineer, on all new construction, remodels, or when the domestic waste interferes with pretreatment or monitoring. [Ord. 2014-2 § 8.]
3.05.080 Trucked or hauled waste.
The discharge of trucked or hauled waste is prohibited, except as authorized by the District in accordance with the terms and conditions of a permit for septic pumpage discharge and the District’s regulations and procedures for septic pumpage dischargers.
All materials removed from pretreatment devices or facilities and prohibited by this code, including but not necessarily limited to holding tank wastes, shall be stored, transported, treated and disposed of in accordance with applicable federal, state and local regulations.
3.05.090 Medical facility waste.
Infectious and/or biological wastes from hospitals, clinics, or mortuaries as defined by the Medical Waste Management Act (Cal. Health & Safety Code §§ 117600 et seq.) may only be discharged into the wastewater system of the District pursuant to and in accordance with a discharge permit issued by the District.
3.05.100 Monitoring facilities.
A. Control Manholes. When required by the District, the owner of any property served by a side sewer carrying industrial wastewater shall install a suitable control manhole in the side sewer to facilitate observation, sampling and measurement of waste. Such manhole shall be constructed in accordance with plans approved by the District Engineer. The manhole shall be installed by the owner at owner’s expense, and shall be maintained by owner so as to be safe and accessible at all times.
B. Other Monitoring Facilities. User will be required to install and maintain any other monitoring facilities or equipment as required by the District including, but not limited to, sampling and monitoring equipment. Said equipment shall be maintained and calibrated by the user and placed in a location approved by the District. District shall have access to said equipment during normal business hours. If said equipment is located inside the user’s fence, said equipment shall be accessible by a gate locked with a lock issued by the District, at the owner’s expense.
3.05.110 Measurements and tests.
All measurements, tests and analysis of characteristics of wastewater and waste made reference to in this code or as determined to be necessary or required by the District shall be done in accordance with standard practices and methods. Samples shall, when possible, be taken from the control manholes described herein. In the event that no such control manhole has been required or is available, then the samples shall be taken at the nearest downstream manhole in the public sewer to the point at which the side sewer is connected. The expense for said measurements, tests, and analysis shall be done at the expense of the owner of the property.
3.05.120 Special arrangement agreements.
Nothing in this chapter shall be construed as preventing any special agreement or arrangement between the District and any person desiring to or discharging into the District’s sewer system subject to the terms and conditions as may be required by the District, or any other regulatory agency. (See MCWDC 3.05.170.)
3.05.130 Swimming pools.
It shall be unlawful for any person to discharge the contents of a swimming pool into a sewer except in the manner specified herein. The size of pipe carrying discharge water shall not be larger than two inches and shall not be under a head to exceed 20 feet. If the water is discharged by pumping, the rate of flow shall not exceed 100 gallons per minute. Each swimming pool discharging to a sewer shall be equipped with an approved separator to preclude any possibility of a backflow of wastewater into the swimming pool or piping system.
3.05.140 Use of storm sewers required.
Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the District. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the District, to a storm sewer, combined sewer or natural outlet.
3.05.150 Nonindustrial users.
Hospitals, clinics, schools, commercial facilities, public agency facilities, and any other class of discharger including residential users may require treatment as an industrial user for purposes of applying this code as determined by the District.
3.05.160 Applicability of standards and limits of this chapter – Conflicts with other regulations.
In the event that the standards or limits defined in this chapter conflict with any other federal, state, or local act, law, statute, regulation, or ordinance, the applicable limit or standard shall be the most stringent standard available to protect the health, safety, and welfare of the public.
3.05.170 Regulation of waste received from other jurisdictions.
The District shall not receive any discharge from any user or entity from outside the jurisdictional boundaries without approval of the Board. Such approval shall not be given unless the District has legal authority to regulate said discharge and enforce an individual wastewater discharge permit.
3.05.180 Fats, oils and grease (FOG) control program.
A. Title. This section may be referred to as the “Malaga County Water District fats, oils and grease control program” or “FOG control program.”
B. Purpose and Intent. It is the purpose and intent of this section to establish the District’s policies and regulations for the disposal of fats, oils, and grease and other insoluble waste discharge from food service establishments within the District or discharging to the District’s sewer system. The Board in enacting this section intends to provide for the maximum beneficial public use of the District’s sewer system and to prevent blockages and accidental discharge of wastewater and ensure the cost of maintaining the District’s sewer system is equitably distributed among users, provide food service establishments with FOG disposal requirements, and to promote public health and safety.
C. Prohibitions.
1. Food Grinders Prohibited. Any food service establishments or other IU subject to a FOG control plan who has a food grinder shall remove said food grinder on or before June 30, 2015.
2. Disposal of Cooking Oils Prohibited. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils shall be collected and stored properly in receptacles such as barrels or drum for recycling by the FSE.
3. Excessive Temperature. Discharge of wastewater with temperatures in excess of 140 degrees F to any FOG control device, including grease traps and grease interceptors, is prohibited.
4. Use of Additives. The use of biological additives for grease remediation or as a supplement to interceptor maintenance, without prior authorization of the General Manager, is prohibited.
5. Non-FOG Discharge. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service is prohibited.
D. FOG Control Plan. The District shall develop an FSE-FOG evaluation form to identify users who will be required to prepare and submit a FOG control plan. The FOG control plan will contain, at a minimum, the following provisions:
1. The name and service address of the IU;
2. The name, address and contact information of the owner or responsible person of the user;
3. A description of the facility including the activities conducted therein, the types of equipment used, a description of the processes that take place that contribute to fats, oils, and grease;
4. The identification of each sewer connection; a site map indicating the locations of all compliant sampling point(s), sewer connections, and sewer laterals; a site map indicating the location of and a description of all grease removal devices installed in accordance with the District’s sewer use ordinance that meet or exceed the minimum sizing requirements of the Uniform Building Code;
5. A description of how fats, oils, and grease are removed from the site; description of the user’s log book or other recordkeeping method that includes the logging of pretreatment system operation and maintenance, any blockages to the pretreatment system, and removal of all fats, oils, and greases from the situs;
6. A cleaning schedule for FSE’s FOG control facilities including grease traps and grease interceptors based on the District’s interceptor frequency guidelines set forth in the District’s SSMP;
7. The FOG control plan shall contain the FSE’s recordkeeping requirements including cleaning and maintenance logs, self-monitoring reports, sampling data, and records and manifests of hauled waste FOG or hauled interceptor wastewater;
8. A list of best management practices implemented by the FSE including, but not limited to, the following:
a. Employee training and awareness;
b. Garbage grinder elimination/limitation;
c. Use and maintenance of drain screens;
d. Spill clean up;
e. Equipment cleaning and maintenance;
f. Grease handling and disposal;
g. Grease removal devices.
E. Grease Interceptors.
1. Required. Grease interceptors shall be required for any new connection/account for FSEs which apply for service after the effective date of this section.
2. Grease interceptors will be required for all FSEs that generate FOG when there is a remodeling, addition, alternation, or repair to the FSE’s facility or any change or increase in the FSE’s discharge to the District’s sewer system that requires the installation of a grease interceptor as determined by the District Engineer.
3. As of the effective date of this section, any FSE operating without a grease interceptor shall, within six months after receiving written notification from the District that the District or the District Engineer has determined that the FSE is not following the District’s best management practices as set forth in this section, the District’s PPMP, the FSE’s permit, or any compliance schedule or compliance order issued by the District or has contributed to a blockage, upset, or spill to the District’s sewerage system.
4. All new grease interceptors shall be designed, constructed and installed in accordance with the current building and plumbing codes and shall be subject to the approval of the District Engineer.
5. All submitted drawings shall be prepared by a licensed and registered professional engineer.
6. All grease interceptor systems installed shall be subject to the inspection and approval of the District Engineer prior to backfilling where backfilling is required.
7. All grease interceptors shall be located so as to be readily and easily accessible for cleaning, inspection, and removal of intercepted wastes.
8. All grease interceptors shall include an effluent sample box and sanitary tee located on the discharge side of the sample box of a type and size approved by the District Engineer.
9. Grease interceptors shall have a clean out installed after the sample box on the private lateral as required by the building and plumbing codes and approved by the District Engineer.
10. Required connections to grease interceptors include, but are not limited to, all three compartment sinks, preparation sinks, floor drains and mop sinks in the food preparation area, pre-wash sinks at dishwashing stations, and all other fixtures that contribute FOG into the wastewater system, as approved by the District Engineer.
11. No FSE shall construct, reconstruct, remodel or convert a grease interceptor without the approval of the District or the District’s Engineer.
12. Final rinse discharged from automatic dishwashers/sanitizers shall not be connected to the grease interceptor.
13. The use of any additives such as surfactants or chemicals shall not be connected to any type of grease interceptor. Chemical additives such as chlorinated solvents, or other additives that cause the emulsification or coagulation of FOG, are strictly prohibited from use in any type of grease interceptor.
14. A common grease interceptor shared by multiple FSEs may only be utilized if specifically approved by the District Engineer and upon evidence of binding, operating and maintenance agreements between the involved owners of the properties as approved by the District’s attorney.
F. Grease Traps. Any FSEs that have a FOG control plan, but are not required to have a grease interceptor, must have an adequately sized grease trap as determined by the District Engineer. All three compartment sinks, preparation sinks, pre-wash sinks at dishwasher stations, and all other fixtures that contribute FOG into the wastewater system shall connect to a grease trap, a determined by the District Engineer.
1. Grease traps shall be located in an area that is easily and readily accessible for cleaning, maintenance, inspection, and removal of intercepted wastes.
2. Final rinse discharge from automatic dishwasher/sanitizer shall not be connected to any grease trap.
3. Chemical additives such as surfactants, chlorinated solvents, or any other additives that cause the multiplication or coagulation of grease are strictly prohibited from use in any wastewater that goes into a grease trap.
G. Waiver from a FOG Control Plan. Any user subject to a FOG control plan as determined by the District may request a waiver by the District Engineer which may, at any time, be revoked by the District or the District Engineer if it is determined that the basis for the waiver no longer exists. The basis for a waiver includes, but is not limited to, an FSE that serves only beverages and/or ready-to-eat or pre-packaged food items.
H. Enforcement. Enforcement of the District’s FOG control program shall be in accordance with the Malaga Code and the Malaga County Water District enforcement response plan.
I. Fees, Charges and Costs. All costs associated with the installation of facilities required by this section to control FOG shall be borne by the user, applicant and/or owner of the property. Fees and charges for applications, permits, engineer costs and all other fees and charges associated with this section will be set forth in the Master Schedule of Fees, Charges, Penalties and Recovered Costs.
J. Administration. The policies, procedures, or regulations of the District required to implement the FOG control program including, but not limited to, inspections, permits, best management practices, maintenance and disposal logs, and education/outreach, shall be set forth in the District’s pretreatment program.
K. Recordkeeping and Reporting Requirements. FSEs (Class 4 permit holders) shall be required to keep, submit and/or make available for review the following documents to the District, upon request, as set forth in the FSE’s permit:
1. A log book of grease interceptor or grease trap cleaning and maintenance practices and BMPs implemented.
2. Copies of records and manifests of hauled waste FOG or hauled interceptor wastewater.
3. Periodic BMP reports and grease interceptor maintenance reports as specified in the permit.
4. Any required self-monitoring reports or sampling data as specified in the permit.
5. Any and all other information deemed appropriate by the General Manager and/or set forth in the permit. [Ord. 2014-2 § 9.]