Division II. Brine Line Regulations
Chapter 6.50
GENERAL PROVISIONS
Sections:
6.50.010 Purpose and policy.
The purpose of this division is to provide for maximum benefit from the use of the district’s and Santa Ana Watershed Project Authority’s (SAWPA) facilities. This shall be accomplished by regulating the use of the Brine Line, formerly known as the SARI sewer system, and tributaries thereto and the wastewater discharged to this sewer system, by providing for the distribution of the costs of construction, administration, operation, and maintenance of the system, and by providing procedures that will allow the district and SAWPA to comply with all regulatory requirements imposed upon the district and SAWPA by contract requirements and by federal, state, and local agencies.
The district, as a member agency of SAWPA, recognizes Orange County Sanitation District’s (OCSD) authority and responsibilities as defined by Federal Pretreatment Regulations (40 CFR 403) including their role as the control authority. As such, the district is committed to providing pretreatment program services in accordance with federal pretreatment program requirements, this division, the 1991 MOU and 1996 Agreement (both between SAWPA and OCSD, as described below), and the 2013 Multi-Jurisdictional Pretreatment Agreement between SAWPA and the district. The district will further ensure consistency in implementation of the SAWPA pretreatment requirements to conform, as appropriate, to the program adopted by the control authority.
In order to conform to limitations and requirements from regulatory agencies, the district, with responsibilities as delegated by SAWPA, must regulate the discharge of wastewater into the Brine Line. This division shall apply to all direct or indirect users that discharge wastewater tributary to the Brine Line within the district’s jurisdiction.
A. This division shall provide for the regulation of wastewater discharges into the Brine Line in accordance with the federal government’s objectives of general pretreatment regulations as stated in Title 40 CFR Section 403.2, which are for the following purposes:
1. To prevent the introduction of pollutants into the Brine Line that will interfere with the operation of OCSD’s publicly owned treatment works (POTW), including interference with its use or disposal of municipal biosolids;
2. To prevent the introduction of pollutants into OCSD’s POTW which will pass through the treatment works, inadequately treated, to the receiving waters or otherwise be incompatible with such works;
3. To improve opportunities to recycle and reclaim municipal and industrial wastewaters and biosolids;
4. To enable the district to comply with requirements from SAWPA, the Federal Environmental Protection Agency and OCSD and any other federal or state laws to which the district, SAWPA and/or OCSD’s POTW is subjected;
5. To enable the district and SAWPA to control privileges for any use of the Brine Line and tributaries thereto;
6. To protect and preserve the health and safety of the citizens and personnel of the district, SAWPA, OCSD, and contracted agencies; and
7. To prevent introduction of pollutants that obstruct flows within the Brine Line or otherwise cause or contribute to sanitary sewer overflows and to comply with provisions of State Water Resources Control Board (SWRCB) adopted Order No. 2006-0003, a general waste discharge requirement (WDR) for all publicly owned sanitary sewer collection systems in California with more than one mile of sewer pipeline.
B. This division shall apply to all direct or indirect users of the Brine Line and tributaries thereto. This division authorizes:
1. Issuance of wastewater discharge permits by the district and/or SAWPA;
2. Monitoring, compliance, and enforcement activities;
3. Brine Line contribution plan check services;
4. User reporting requirements;
5. Establishment of fees; and
6. Equitable distribution of costs resulting from the program established herein.
C. This division shall be administered by the general manager of the district, under the control and direction of the district’s board of directors.
D. This division implements provisions of the 1991 MOU between OCSD and SAWPA “Governing Quality Control of Wastewaters Discharged” to the Brine Line and the 1996 Agreement between OCSD and SAWPA “Wastewater Treatment and Disposal Agreement,” and any current or future amendments thereto (Amendments December 1996 and November 2013). This division is intended to be at least as protective of OCSD’s facilities as OCSD’s wastewater discharge regulations, Ordinance 48, or its successors. SAWPA issued wastewater discharge permits shall require compliance with both this division, SAWPA Ordinance 8, and OCSD’s Ordinance No. 48, or its successors and require that in the event of any substantive conflict between the ordinances the stricter provisions shall apply. (Ord. 389 § 1.1, 2018)
6.50.020 Authorization.
This division is enacted pursuant to the authorization of the Municipal Water District Law of 1911, California Water Code Section 71000 et seq., California Government Code Section 6500 et seq., the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). (Ord. 389 § 1.2, 2018)
6.50.030 Definitions.
A. Unless otherwise defined herein, terms pertaining to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. Unless otherwise defined herein, terms pertaining to construction and building shall be defined as being the same as set forth in the CA Building Standards Code, Title 24, California Code of Regulations, current edition. Unless the context specifically indicates otherwise or as previously indicated, the meaning of the terms used in this division shall be as follows:
1. “Act” shall mean the Federal Water Pollution Control Act, also known as Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
2. “Alkaline hydrolysis” shall mean a water-based chemical resolving process used to dispose of animal and/or human cadavers, either whole or partial, with the resulting liquid portion being disposed of either to the collection system or to the POTW by an appropriately licensed hauler. The process is also known by a variety of other names, including but not limited to alternative cremation, bio cremation, flameless cremation, green cremation, liquid cremation, water cremation, or resomation. For the purpose of this division, these shall mean the same as alkaline hydrolysis.
3. “Analytical methods” shall mean the sample analysis techniques prescribed in 40 CFR Part 136 and amendments thereto unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Environmental Protection Agency determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures approved by SAWPA, including procedures suggested by SAWPA or other parties as approved by the EPA.
4. “Authorized representative” shall mean:
a. A responsible corporate official, if the user submitting the required documents is a corporation, of the level of president, secretary, treasurer, or vice president in charge of a principal business function; or
b. Any other person who performs similar policy or decision making functions for the corporation; or
c. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations, and ensuring that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and
d. Where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or
e. A general partner or proprietor if the user submitting the required documents is a partnership or sole proprietorship respectively; or
f. A director or highest official appointed or designated to oversee the operation and performance of the activities of the facility, or their designee, if the user is a federal, state, or local governmental facility;
g. A duly authorized representative of the individual designated in subsections (A)(4)(a), (b), (c), (d), and (e) of this section if:
i. The authorization is made in writing by the individual designated in subsections (A)(4)(a), (b), (c), (d), (e) and (f) of this section; and
ii. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
iii. The written authorization is submitted to the general manager of SAWPA or the district.
h. If an authorization under subsections (A)(4)(a), (b), (c) and (d) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsections (A)(4)(a), (b), (c) and (d) of this section must be submitted to the general manager prior to or together with any reports to be signed by an authorized representative.
5. “Batch discharge” shall mean any intermittent discharge of pollutants from sources such as, but not limited to, process tanks, holding tanks, rinse tanks, or treatment systems.
6. “Best management practices (BMPs)” shall mean 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 material storage. Such BMPs shall be considered local limits and pretreatment standards as stated in 40 CFR 403.5(c)(4).
7. “Biochemical oxygen demand (BOD)” shall mean the quantity of oxygen, expressed in mg/L, required to biologically oxidize material in a waste or wastewater sample measured under approved laboratory methods of five days at 20 degrees Celsius.
8. “Board of directors” shall mean the governing body of the district.
9. “Bypass” shall mean the intentional diversion of wastestreams from any point of a user’s pretreatment facility.
10. “Business day” shall mean a district scheduled business day.
11. “Capacity unit” shall equal 10,000 gallons per day of discharge right.
12. “Categorical industrial user (CIU)” shall mean an industrial user subject to a categorical pretreatment standard or categorical standard which is a regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
13. “Chemical oxygen demand (COD)” shall mean the quantity of oxygen, expressed in mg/L, required to chemically oxidize material in a waste or wastewater sample, under specific conditions of an oxidizing agent, temperature, and time. COD results are not necessarily related to BOD results.
14. City Collection System. Not used.
15. “Class I user” shall mean the term used by OCSD to describe a significant industrial user. See “Significant industrial user.”
16. “Class II user” shall mean the term used by OCSD to describe a user that discharges waste other than sanitary, and is not classified as a significant industrial user. See “Industrial user.”
17. Class III User. Not used.
18. Class IV User. Not used.
19. Class V User. Not used.
20. “Code of Federal Regulations (CFR)” shall mean the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.
21. “Collection stations” shall mean wastewater disposal stations operated by the SAWPA member agencies or contract agencies for disposal of trucked wastewater.
22. “Collection system” shall mean all wastewater conveyance systems owned and maintained by the district or SAWPA or another member agency or a contract agency for purposes of conveying wastewater to OCSD’s POTW for treatment and excludes sewer service lateral connections.
23. “Combined wastestream formula” shall mean the formula, as outlined in the general pretreatment regulations of the Clean Water Act, 40 CFR 403.6(e), for determining wastewater discharge limitations for categorical industrial users and significant industrial users whose effluent is a mixture of regulated, unregulated, and dilution wastewater as defined in the formula.
24. “Commission,” “commission of SAWPA” or “SAWPA’s commission” shall mean the governing body of SAWPA as defined by the joint exercise of powers agreement establishing SAWPA.
25. “Compliance schedule” shall mean a time schedule enforceable under this division containing increments of progress called milestones, which are in the form of dates. These milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures, or operational management techniques required for the user to comply with all applicable federal, state, or local environmental regulations which may directly or indirectly affect the quality of the user’s wastewater effluent.
26. “Composite sample” shall mean a series of grab samples of equal volume taken at a predetermined time or flow rate for a predetermined period of time or flow, which are combined into one sample.
27. “Contract agency” shall mean either Jurupa Community Services District, San Bernardino Municipal Water Department, Yucaipa Valley Water District, or any other public agency that subsequently enters into a multijurisdictional pretreatment agreement with SAWPA defining the roles and responsibilities to conduct the pretreatment program or portions of the pretreatment program within their jurisdictions.
28. “Control authority” as defined by 40 CFR 403.3(f) is the POTW if the POTW’s submission for its pretreatment program (40 CFR 403.3) has been approved in accordance with requirements for 40 CFR 403.11. All references in this division to control authority are referring to OCSD.
29. “Conventional pollutants” shall be defined as BOD, COD, total suspended solids, pH, fecal coliform, oil and grease, total nitrogen, and such additional pollutants as are now or may be in the future specified and controlled in OCSD’s NPDES permit for its POTW where said POTW has been designed and used to reduce or remove such pollutants.
30. “Cooling water” shall mean all water used solely for the purpose of cooling a manufacturing process, equipment, or product.
31. “Cyanide (amenable)” shall mean those cyanides that are amenable to chlorination as described in 40 CFR 136.3.
32. “Day” shall mean a calendar day.
33. “Delegated control authority” shall mean an entity duly delegated by the control authority with the legal authority to enforce all federal, state, and local pretreatment standards and requirements against all industrial users and liquid waste haulers discharging to the control authority’s POTW and all procedures necessary for the pretreatment program implementation. All references to delegated control authority in this division are referring to SAWPA.
34. “Dilution” shall mean the increase in use of process water, potable water, or any other means to dilute a discharge as a partial or complete substitute for adequate treatment to achieve discharge requirements.
35. “Direct discharger” or “user” shall mean facilities which are directly connected to the Brine Line by a pipeline.
36. “Discharge right” shall mean the volume of wastewater capacity purchased by a user for use with the Brine Line and tributaries thereto.
37. “District collection system” shall mean all pipes, sewers, and conveyance systems conveying wastewater to the Brine Line and tributaries thereto that are owned and maintained by a community services district, special district, or water district, excluding sewer service lateral line connections.
38. “Domestic wastewater” shall mean wastewater, including domestic septic system waste, from private residences and wastewater from other premises resulting from the use of water for personal washing, sanitary purposes, or the discharge of human excrement and related matter.
39. “Effluent” shall mean treated wastewater flowing from treatment facilities, the OCSD’s POTW, or a user.
40. “EPA” shall mean the United States Environmental Protection Agency.
41. “Federal Categorical Pretreatment Standard” shall mean the National Pretreatment Standards, established by the EPA, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the Brine Line or tributaries thereto by existing or new industrial users in specific industrial categories established as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N, as it exists and as it may be amended.
42. “Flow monitoring facilities” shall mean equipment and structures approved by the district or SAWPA and provided at the user’s expense to measure and/or record incoming water to the user’s facility or wastewater discharged to the Brine Line sewer or tributaries thereto.
43. “General manager” shall mean the district’s general manager or duly authorized representative designated in writing. The SAWPA general manager is specifically identified in this division in regard to those responsibilities that are solely SAWPA responsibilities. Approvals or other actions attributed in this division to SAWPA may be taken by SAWPA’s general manager. The SAWPA general manager may duly authorize a representative as may be designated in writing, which representative may include the district’s general manager.
44. Generator. See “Indirect discharger, user or generator.”
45. “Good faith” shall mean the user’s prompt and vigorous pollution control measures undertaken to show that extraordinary efforts (not a “business-as-usual” approach) have been made to achieve compliance.
46. “Grab sample” shall mean an individual sample collected from a wastestream without regard to the flow in the wastestream over a period of time not exceeding 15 minutes.
47. “Gravity separation interceptor” shall mean an approved detention chamber designed to remove floatable and settleable material from industrial wastewater prior to discharge into the Brine Line.
48. “Hazardous waste” shall be as defined in 40 CFR 261 consisting of a listed waste determined by EPA to be hazardous or a waste not specifically listed but which exhibits one of four characteristics: ignitability, corrosivity, reactivity, and/or toxicity.
49. “Heating water” shall mean all water used solely for the heating of a manufacturing process, equipment, or product.
50. “Indirect discharger, user or generator” shall mean a user that contracts or otherwise employs a truck, tanker, or vacuum truck service or other similar means to bring wastewater for disposal to the Brine Line or tributaries thereto from a user that has no direct connection to the Brine Line or tributaries thereto.
51. “Industrial user” shall mean all persons, public or private entities, industrial, commercial, governmental, or institutional that discharge or cause to be discharged, wastewater into the Brine Line or tributaries thereto or any other sewer system owned and operated by the district or SAWPA.
52. “Industrial wastewater” shall mean all nondomestic wastewater, including all wastewater from any producing, manufacturing, processing, institutional, governmental, commercial, service, agricultural, or other operation.
53. “Infectious waste” shall mean all wastes which are likely to transmit etiologic agents which normally cause, or significantly contribute to the cause of, increased morbidity or mortality of human beings.
54. “Inland Empire Brine Line” or “Brine Line” shall mean all wastewater conveyance systems owned and maintained by SAWPA, excluding sewer service lateral line connections owned and operated by others. Historical documents that referred to the Santa Ana Regional Interceptor (SARI), now refer to the Inland Empire Brine Line.
55. “Inspector” shall mean a person authorized by the general manager to inspect any user discharging or anticipating discharging wastewater into conveyance, processing, or disposal facilities to the Brine Line or tributaries thereto.
56. Instantaneous Limit. See “Local nondomestic wastewater limitations concentration values.”
57. “Interference” shall mean a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
a. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
b. Therefore is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
58. “Letter to discharge” shall mean a letter authorizing a user to discharge unauthorized classes of wastewater to the Brine Line without having to obtain a special purpose discharge permit. Unauthorized classes of wastewater require approval by both the SAWPA general manager and OCSD general manager before the discharge commences. The discharge volume is generally limited to less than 1,000,000 gallons. A letter to discharge allows the user to discharge within the terms provided for a one-time discharge event.
59. “Liquid waste hauler” shall mean any person or firm engaged in the truck hauling of liquid waste from a user, excluding domestic waste, for disposal at a designated Brine Line collection station.
60. “Local limits” shall mean specific prohibitions or pollutant limitations or pollutant parameters that are developed by OCSD, SAWPA, member agencies or contract agencies in accordance with 40 CFR 403.5(c) to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
61. “Local nondomestic wastewater limitations concentration values” shall mean the maximum quantity or concentration of a pollutant allowed to be discharged at any period of time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
62. “Lower explosive limit (LEL)” shall mean the minimum concentration of a combustible gas or vapor in the air that will ignite if an ignition source is present.
63. “Major administrative violations” shall mean violations as defined in WMWDC 6.75.030.
64. “Major violations” are separate from major administrative violations and shall mean a discharge over the permitted discharge limit, as determined by the result of a sample analysis, as follows:
a. A discharge exceeding a mass emission rate limit by 20 percent or more; or
b. A discharge exceeding a concentration limit by 20 percent or more; or
c. A pH discharge less than 5.0 or greater than 12.5.
65. “Mass emission rate” shall mean the weight of pollutants discharged to the Brine Line or tributaries thereto during a given period of time from a user.
66. “May” means permissive.
67. “Member agency” shall mean either Eastern Municipal Water District, Inland Empire Utilities Agency, San Bernardino Valley Municipal Water District, or Western Municipal Water District of Riverside County, or any other public agency that subsequently becomes a member of SAWPA and enters into a multijurisdictional pretreatment agreement with SAWPA defining the roles and responsibilities to conduct the pretreatment program or portions of the pretreatment program within their jurisdictions.
68. “mg/L” shall mean milligrams per liter.
69. “Milestone” shall mean increments of progress in the form of dates, not to exceed nine months, and are used in compliance schedules. Milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the user’s wastewater effluent.
70. “Minor administrative violations” shall mean violations as defined in WMWDC 6.75.030.
71. “Minor violations” are separate from minor administrative violations and shall mean a discharge over the permitted discharge limit as determined by the result of a sample analysis, as follows:
a. A discharge exceeding a mass emission rate limit by less than 20 percent; or
b. A discharge exceeding a concentration limit by less than 20 percent; or
c. A pH discharge equal to or greater than 5.0, but less than 6.0; or
d. A pH discharge greater than 12.0, but less than 12.5.
72. “Mixed load” shall mean a combination of any hauled permitted Brine Line wastewater with any other wastewater from permitted or unpermitted sources.
73. “Monitoring/production information order (MPIO)” shall mean an administrative order requiring an industrial user to determine the mass emission or concentration of pollutants or other conditions specified in the industrial user’s permit in their industrial wastewater discharge for all days within a 14-consecutive-day period that industrial wastewater is discharged to the Brine Line and submit production data for that period.
74. “Monthly average” shall mean the average of daily measurements over a calendar month as calculated by adding all the daily measurements taken during the calendar month and dividing that sum by the sum of the number of daily measurements taken in the month.
75. “Multijurisdictional pretreatment agreement (MJPA)” shall mean an agreement between SAWPA and its member agencies and contract agencies granting SAWPA the authority and responsibility to implement and enforce its delegated control authority for the Inland Empire Brine Line pretreatment program against users of the Brine Line located or operating in the member and contract agencies’ jurisdictions within the SAWPA SARI service area unless otherwise approved by the SAWPA commission and OCSD general manager per the agreement as defined in WMWDC 6.50.010(D).
76. “NAICS” shall mean the North American Industry Classification System published by the Executive Office of the President of the United States, Office of Management and Budget.
77. “National pretreatment standard” shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR Part 403.5.
78. “New source” shall mean any building, structure, facility, or installation 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 Federal Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:
a. The building, structure, facility or installation is constructed at a site at which no other source is located; or
b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source may be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (b) or (c) of this definition, above, but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this definition has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction program (1) any placement, assembly, or installation of facilities or equipment; or (2) 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 a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. 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 a contractual obligation under this paragraph.
79. “OCSD” shall mean the Orange County Sanitation District which is the control authority for the Brine Line.
80. “Oil and grease” shall mean any of the following in part or in combination:
a. Oil and grease of mineral and petroleum origin (also known as “petroleum oil and grease as silica gel treated n-hexane extractable material” or “SGT-HEM non-polar material”);
b. Fats, oil and grease (FOG). Any substance such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.
81. “Pass through” shall mean any discharge which exits OCSD’s POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the OCSD’s NPDES permit, including an increase in the magnitude or duration of a violation.
82. “Permittee” shall mean any user who has received a wastewater discharge permit to discharge wastewater into the Brine Line or tributaries thereto.
83. “Person” shall mean any individual, firm, company, association, society, general or limited partnership, limited liability company, trust, corporation, governmental agency or group, and includes the plural or the singular.
84. “Pollutant” or “constituent” shall mean conventional pollutants, domestic wastewater, hazardous substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
85. “Porter-Cologne Act” shall mean the California Porter-Cologne Water Quality Act.
86. “Pretreatment” shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the pollutant properties in wastewater prior to, or in lieu of, discharging such pollutants into the Brine Line or tributaries thereto. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by any other means, except dilution.
87. “Pretreatment facility” shall mean any works or devices for the treatment or flow limitation of wastewater prior to discharge to the Brine Line or tributaries thereto.
88. “Pretreatment requirements” shall mean any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
89. “Pretreatment waste” shall mean all waste, liquid or solid, removed from a wastestream or wastewater discharge by physical, chemical, or biological means.
90. “Public agency” shall mean the state of California and any city, county, special district, or other public agency within the state of California.
91. “Publicly owned treatment works (POTW)” shall mean a treatment works as defined by Section 212 of the Act, which is owned by a state or municipality (as defined by Section 502(4) of the Act). This definition includes all devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal sewage, biosolids, or industrial wastewater. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
92. “Qualified professional” shall mean any person who by virtue of education, training, or experience is qualified to evaluate and assess pollutant discharges and violations of this division.
93. “RCRA” shall mean the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) and its regulations 40 CFR Parts 260 through 266 and 270 and as amended.
94. “Reclaimable wastewater” shall mean domestic wastewater, industrial wastewater or other wastewater containing total dissolved solid levels below the local POTW discharge limitation that renders it suitable for discharge and reclamation.
95. “Regulatory agencies” shall mean those agencies having jurisdiction over the operation of the district, SAWPA and/or OCSD including, but not limited to:
a. United States Environmental Protection Agency, Region IX, San Francisco, California, and Washington, D.C. (EPA);
b. California State Water Resources Control Board (“State Board”);
c. California Regional Water Quality Control Board, Santa Ana Region (“Regional Board”);
d. South Coast Air Quality Management District (SCAQMD);
e. California Environmental Protection Agency (CalEPA); and
f. California Department of Public Health (DPH).
96. “Sampling facilities” shall mean structure(s) and equipment provided at the user’s expense for the district, SAWPA, OCSD or the user to measure and record wastewater pollutant levels, collect representative wastewater samples, and/or provide direct access to terminate the wastewater discharge.
97. “Sanitary sewer system” shall mean any system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the POTW facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary storage facilities are not considered to be sanitary system overflows (SSOs).
98. “Sanitary sewer overflow (SSO)” shall mean any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include:
a. Overflows or releases of untreated or partially treated wastewater that reaches waters of the United States;
b. Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and
c. Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of the sanitary sewer system.
99. “Sanitary waste” shall mean domestic wastewater.
100. “SARI” shall mean the Santa Ana regional interceptor.
101. SARI System. See “Inland Empire Brine Line.”
102. “SAWPA” shall mean the Santa Ana Watershed Project Authority and/or any member agency and/or any contract agency as applicable to effectively implement this division.
103. “SAWPA Inland Empire Brine Line service area” shall mean the total area within the jurisdictional boundaries of SAWPA’s member agencies, excluding any area within the county of Orange. SAWPA Inland Empire Brine Line service area shall mean the same as SAWPA’s SARI service area.
104. “SAWPA industrial process wastestream (SIPW)” or “industrial process wastestream” shall mean a wastestream from an industrial process that is not regulated by a categorical standard for any pollutant and is not considered a SAWPA industrial nonprocess wastestream as defined in this section.
105. “SAWPA industrial nonprocess wastestream (SINPW)” or “industrial nonprocess wastestream” shall mean a wastestream which includes boiler blow-down streams, noncontact cooling streams, storm water, demineralized backwash/RO rejects and sanitary wastestreams. (For those facilities with process wastestreams primarily composed of the industrial nonprocess wastestream listed above they will be permitted as industrial process wastestreams.)
106. “SAWPA wastestream correction formula” or “WCF” shall mean the formula used to adjust the local limits to account for the presence of SAWPA industrial nonprocess wastestream.
|
Where: |
CA = |
Adjusted local limit to account for industrial nonprocess wastestream |
|
|
CC = |
Local limit for the pollutant constituent |
|
|
FN = |
Average daily flow for SAWPA industrial process wastestream |
|
|
FT = |
Average daily flow for all wastestreams |
|
|
M = |
Total number of SAWPA industrial process wastestreams |
107. “Self-monitoring” shall mean wastewater samples taken by a user or the user’s contracted laboratory, consultant, engineer, or similar entity.
108. “Service lateral line” shall mean the wastewater collection pipe extending from premises where the wastewater is generated up to and including the connection to the Brine Line or tributaries thereto.
109. “Sewer system management plan (SSMP)” shall mean an approved plan adopted by the district or SAWPA to control and reduce the occurrence and impact of sanitary sewer overflows.
110. “Shall” means mandatory.
111. “Significant industrial user (SIU),” except as provided in 40 CFR 403.3(v)(2) and (v)(3) shall mean:
a. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.
b. Any user that:
i. Discharges industrial wastewater at an average 25,000 gallons per day (gpd) or more of process wastewater to the Brine Line or tributaries thereto (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
ii. Contributes a process wastestream that makes up five percent or more of the average dry weather hydraulic or organic capacity of OCSD’s POTW; or
c. Is designated as an SIU by the general manager on the basis that the user has a reasonable potential for adversely affecting the Brine Line or tributaries thereto or OCSD’s POTWs or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
112. “Significant noncompliance (SNC)” shall mean any compliance violations that meet one or more of the following criteria:
a. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l);
b. Technical review criteria (TRC) violations are defined as those in which 33 percent or more of all of the measurements taken for the same pollutant during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
c. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW or SAWPA personnel or the general public);
d. Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in POTW’s or SAWPA’s exercise of emergency authority to halt or prevent such a discharge;
e. Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance;
f. Failure to provide, within 45 days of the due date, any required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
g. Failure to accurately report noncompliance; or
h. Any other violations or group of violations, which may include a violation of best management practices, which the POTW or SAWPA determines will adversely affect the operation and implementation of SAWPA’s pretreatment program or the Brine Line or tributaries thereto.
113. “Single pass cooling water” shall mean water that is used solely for the purpose of cooling and is used only once before being discharged.
114. “Single pass heating water” shall mean water that is used solely for the purpose of heating and is used only once before being discharged.
115. “Sludge” shall mean any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.
116. “Slug load or discharge” shall mean any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in WMWDC 6.55.010. A slug load or discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge of wastewater, material or waste which has the potential to cause damage, interference, or pass through in the Brine Line or tributaries thereto, OCSD’s POTW, or in any other way violates the POTW’s regulations, local limits or permit conditions.
117. “Special purpose discharge” shall mean a wastewater discharge to the Brine Line or tributaries thereto requiring a wastewater discharge permit (special purpose discharge permit) which has origins from unpolluted water, stormwater runoff, groundwater, treated groundwater, subsurface drainage or other similar sources of wastewater.
118. “Spent solution” shall mean any concentrated industrial wastewater or wastewater that is not authorized to be discharged to a sewage facility until appropriately treated.
119. “State certified laboratory” shall mean any laboratory accredited by the Environmental Laboratory Accreditation Program (ELAP).
120. “Stormwater” shall mean water or wastewater generated when precipitation from rain and snowmelt events flows or accumulates over land or impervious surfaces and does not percolate into the ground.
121. “Temporary user” shall mean any user who is granted temporary permission by the general manager to discharge wastewater to the Brine Line or tributaries thereto and controlled by a wastewater discharge permit or letter to discharge.
122. “Total dissolved solids (TDS)” shall mean the total amount of all inorganic and organic substances dispersed within a volume of water or wastewater that is not retained on a laboratory filter and dried to a specified temperature in accordance with approved laboratory methods.
123. “Total suspended solids (TSS)” or “suspended solids (SS)” shall mean the total amount of matter on the surface of, or suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering in accordance with approved laboratory methods.
124. “Total organic carbon (TOC)” shall mean the measure of total organic carbon in mg/L using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures. As such, total toxic organics is a subset of TOC.
125. “Total toxic organics (TTO)” shall mean the summation of all quantifiable values greater than 0.01 mg/L for the organics regulated by the EPA or OCSD for a specific industrial category.
126. “Unpolluted water” shall mean water to which no pollutant has been added either intentionally or accidentally.
127. “Upset” shall mean an exceptional incident which causes temporary and unintentional noncompliance with the discharge limitations or prohibitions applicable to a user or OCSD’s POTW and which is beyond the reasonable control of a user or OCSD’s POTW and as more fully set forth in OCSD’s NPDES permit, 40 CFR Part 403.16, and California Water Code, Section 13385.
128. “User” shall mean any member agency, contract agency, person or entity, public or private, residential, industrial, commercial, governmental, institutional, or liquid waste hauler that discharges or causes to be discharged, wastewater into the Brine Line or tributaries thereto.
129. “Waste” shall mean any discarded solid, semi-solid, liquid, or gaseous material.
130. “Wastestream” shall mean individually identifiable sources of waste that contribute to a user’s wastewater discharge.
131. “Wastewater” shall mean the used water and water carried waste from a user that is discharged to a sewer.
132. “Wastewater discharge contract” shall mean a written contract between SAWPA and a member agency or between a member agency or a contract agency and a potential user for the purpose of conveying a defined wastewater discharge capacity right to use the Brine Line or tributaries thereto.
133. “Wastewater discharge permit” shall mean the permit issued and enforced by the general manager or designee permitting and regulating the discharge of wastewater into the Brine Line and tributaries thereto.
B. Reserved. (Ord. 389 § 1.3, 2018)
6.50.040 Administration.
A. Adoption of Interpretive Rules. SAWPA’s commission may adopt interpretive rules or resolutions consistent with the provisions of SAWPA Ordinance No. 8 for administration of the Brine Line. Interpretive rules by SAWPA’s commission pertain to, but shall not be limited to, discharge limitations, pretreatment requirements, standards for wastewater lines and services, and implementation of standards promulgated pursuant to the Federal Water Pollution Control Act as amended by the Clean Water Act.
B. General Powers of the General Manager. Except as otherwise provided herein, the general manager shall administer, implement and enforce the provisions of this division. Any powers granted or duties imposed upon the general manager may be delegated by the general manager to persons acting in the beneficial interest or employ of the district or SAWPA, but shall remain the responsibility of the general manager. In addition to the authority to prevent or eliminate discharges through enforcement of discharge limitations and prohibitions, the general manager shall have the following powers:
1. Endangerment to the Community, Environment, Brine Line or OCSD’s POTW. The general manager, after notice to the affected user, may immediately halt or prevent any discharge of pollutants into the Brine Line or tributaries thereto, by any means available, including physical disconnection from the Brine Line or tributaries thereto, whenever the wastewater discharge may endanger the health or welfare of the community, the environment, or threatens to damage or interfere with the operation of the Brine Line or tributaries thereto or OCSD’s POTW. Such discharges may be halted or prevented without regard to the compliance by the user with other provisions of this division.
2. Specific Powers of the General Manager. If wastewater is discharged or proposed to be discharged into the Brine Line or tributaries thereto in violation of this division, any wastewater discharge permit or any other order, the general manager may take any action necessary to:
a. Prohibit the discharge of such wastewater;
b. Require a user to demonstrate that in-plant modifications will reduce or eliminate the pollutant or substance so that the discharge will not violate this division;
c. Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the pollutants or substance so that the discharge will not violate this division;
d. Require the user making, causing or allowing the discharge to pay any required industrial user permit fees, inspection fees, surcharges, fines, penalties, damages, legal expenses, attorney’s fees and any other cost or expense incurred by the district or SAWPA for handling, treating or disposing of excess pollutant loads imposed on OCSD’s POTW, and/or associated with alleged or actual violations of OCSD’s NPDES permit attributed to the user’s discharge;
e. Require timely and factually complete reports from the user responsible for such discharge; and
f. Require such other or further remedial action as may be deemed to be desirable or necessary to achieve the purposes of this division. (Ord. 389 § 1.4, 2018)
6.50.050 Notice.
Unless otherwise provided herein, any notice required of the general manager under this division shall be in writing. (Ord. 389 § 1.5, 2018)
6.50.060 Confidentiality.
All user information and data obtained from reports, surveys, inspections, wastewater discharge applications, wastewater discharge permits, and monitoring programs shall be available to the public and governmental agencies without restriction unless the user specifically requests at the time of submittal and marks each applicable page “confidential business information” and is able to demonstrate to the satisfaction of the district and SAWPA that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under California and federal law. The demonstration of the need for confidentiality made by the user must meet the burden necessary for withholding such information from the public under applicable state and federal laws. Information and data concerning or relating to wastewater quality and quantity shall not be considered confidential. All sample data obtained either by the user or the district, SAWPA or OCSD shall not be considered confidential. Confidential information shall be made available, upon request, to governmental agencies for enforcement or judicial purposes related to this division, OCSD’s NPDES permit or the pretreatment program, and as required by California or federal law.
All other information which is submitted to SAWPA will be available to the public at least to the extent provided by 40 CFR 2.302. The information and data provided to the delegated control authority which is effluent data shall be available to the public without restriction. (Ord. 389 § 1.6, 2018)
6.50.070 Time limits.
Any time limit or deadline provided in any written notice or any provision of this division may be extended only by a written extension by the general manager and only upon a showing of good cause by the user. (Ord. 389 § 1.7, 2018)