HomeMy WebLinkAboutRPT 06 IRWD SEWAGE 06-01-92REPORTS NO. 6
6-1-92
AGENDA_�r,
Inter -Com
)ATE: JUNE 11 1992
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: IRVINE RANCH WATER DISTRICT PROPOSED AMENDED RULES AND
REGULATIONS PERTAINING TO THE USE OF SEWERAGE FACILITIES
RECOMMENDATIONS:
Receive and file.
BACKGROUND:
Irvine Ranch Water District (IRWD) provides water distribution and
wastewater collection and treatment services to residential,
commercial and industrial users in portions of the City of Tustin.
In order to protect the environment, as well as IRWD wastewater
treatment system facilities and the health and safety of IRWD
wastewater workers, the IRWD is required to adopt and implement an
individual wastewater pretreatment and source control program.
DISCUSSION:
Pursuant to the authority provided by the California Government
Code, the IRWD has drafted a document containing provisions for the
regulation of wastewater discharges directly into the District's
sewerage facilities in order to comply with both Federal and State
policies and requirements. These rules and regulations establish
quantity and quality limitations on all wastewater discharges which
may adversely affect the District's sewerage systems processes or
effluent quality. The proposed regulations address such discharges
as storm water run-off, self -regenerative water softeners and
demineralizers, and septic tank wastes. Further, the document
addresses the issuance of permits by application to all significant
industrial users. There are also provisions regarding enforcement
of the regulations, which would allow the District to establish
penalties for violation of the proposed rules and regulations and
to obtain remedies for non-compliance.
It is the intent of the proposed limitations to improve the quality
of wastewater being received for treatment. The attached document
further details the proposed regulations. Written comments will be
received by the District until June 8, 1992. A public hearing will
be held on that date at 6:00 p.m. where comments will also be
accepted.
Upon review by staff, it has been determined that the proposed
regulations are primarily geared towards industrial use .and no
action by the City is necessary at this time..
Robert S. Ledendecker /Ikat,ie Pitcher
Director of. Public Works/City Engineer Administrative Assistant II
RSL:KP:ccg:irwd
IRVIAT RANH IVATER DISTRICT
City of Tustin
15222 Del Amo Avenue
Tustin, CA 92680
MAY 12 NZ
c
ITUSTIN PUBUG WORKS DEPT.
P.O. Box 6025. 18802 Bardeen Ave. - Irvine, CA 92716-6025. (714) 476-7500
May 7, 1992
OR 2.4.1.9
Notice is hereby given that on June 8, 1992, the Board of
Directors of the Irvine Ranch Water District (IRWD) will conduct
a public hearing to consider the adoption of amended rules and
regulations concerning the use of sewerage facilities. These
amendments may impact your operations and/or the cost of your
using the IRWD sewerage system. Said hearing will be held at
6:00 p.m. or as soon thereafter as practicable in the Board of
Directors Room of the Irvine Ranch Water District, 18802 Bardeen
Avenue, Irvine, California.
IRWD is a California water district which provides water
distribution, and wastewater collection and treatment services to
residential, commercial, and industrial users in Irvine and
portions of Tustin, Newport Beach, and unincorporated area. IRWD
is required to adopt and implement an individual wastewater
pretreatment and source control program to protect the
environment, the IRWD wastewater treatment system facilities, and
the health and safety of IRWD wastewater workers.
The proposedamended regulations are available for review at the
District office at the above -referenced address between the hours
of 8:00 a.m. and 5:00 p.m. Those desiring to comment on the
proposed amended regulations will be given an opportunity to do
so during the hearing or by providing written comments in advance
thereof to the Irvine Ranch Water District, 18802 Bardeen Avenue,
Irvine, California, 92716, attention Secretary. Please reference
the hearing and subject matter in the correspondence. For
further information you may contact Jim Hyde, Water Quality
Administrator, at (714) 476-7616.
IRVINE RANCH WATER DISTRICT
Attachment
IRVINE RANCH .TER DISTRICT
1 Section 7
2
3 USE OF DISTRICT SEWERAGE FACILITIES
4
5
6 7.1. GENERAL
7
8 The provisions established below shall pertain to all discharges
9 into any. District sewerage collection facility that either
10 directly or indirectly transports wastewater to the District's
it Reclamation Plant. A
12
13 Pursuant to the authority provided by California Government Code
14 Section 54739, 54740, and by other applicable provisions of law,
15 provisions are made in this document for the regulation of
16 wastewater discharges into the District's sewerage facilities in
17 order to comply with Federal and State of California policies and
18 requirements and to permit the District to meet applicable
19 standards of treatment plant effluent quality. These Rules and
20 Regulations establish quantity and quality limitations on .all
21 wastewater discharges which may adversely affect the District's
22 sewerage- systems, processes, or. effluent quality. It is the
23 intent of these limitations to improve the quality of wastewater
24 being received for treatment; an implication of this intent is the
25 District's policy of discouraging an increase in the quantity
26 (mass emission) of waste constituents being discharged. This
27 document also provides for regulation of the degree of waste
'28 -pretreatment required, the issuance.of permits including those for
29 wastewater discharge connections, and the. establishment of
30 penalties for violation of these Rules and Regulations.
31
32* Since the District is committed to a policy of wastewater
33 renovation and reuse in order to provide an alternate, source of
34 water supply, the renovation of wastewater through secondary and
35 tertiary wastewater treatment processes may necessitate -more
36 stringent. quality requirements on wastewater dischargers than
37 those required by other governmental regulatory agencies.
38
39 The District has joined the County Sanitation Districts of Orange
40 County (CSDOC) in order to secure, an alternate method of sewage
41 treatment and disposal. To accomplish the administration of this
42 union within the portion of the District that is within County
43 Sanitation District 14, the District entered with CSDOC., into a
44 Memorandum of Understanding effective February 11, 1987, to
45 provide for cooperative implementation.* of these Rules and
46 Regulations and the ordinance of the County Sanitation Districts
'47 of Orange' County as part of its regulations. In the event of a
48 conflict between the District's Rules and Regulations and CSDOC's
49 ordinance, CSDOC's ordinance shall have precedence, unless the
50 District's Rules and Regulations are more stringent. The CSDOC
Hearing Draft .7- 1
IRVINE RAMC' ITER DISTRICT
1 ordinance is also applicable in areas of the District that are
2 within other County Sanitation Districts. Similarly, the area of
3 the District within the service area of the Aliso Water Management
4 Agency (AWMA) is subject to AWMA's discharge regulations as
5 adopted by the District, and the area discharging to the Chiquita.
6 System of Santa Margarita Water District (SMWD), the Portola Hills
7 area, is subject to SMWD's discharge regulations as adopted by the
8 District. In each case where dischargers are subject to the
9 discharge regulations of two agencies, it is the responsibility of
10 the discharger to meet the discharge requirements of both
11 agencies.
12 -
13 7.2. SPECIAL DEFINITIONS
14
15 In addition, unless otherwise defined herein, terms related to
16` water quality shall be as adopted in the latest edition of
17 Standard Methods for the Examination of Water and Wastewater,
18 published by the American Public Health Association, the American
19 Water Works Association and the Water Pollution Control Federation
20 (herein referred to as "Standard .Methods"). The testing
21 procedures for waste constituents and characteristics shall -be as
22 provided in 40 CFR 136, (Code of Federal Regulations: Title 40;
23 Protection of Environment; Chapter I United States Environmental
24 Protection Agency (US EPA); Part 136, Test Procedures for the
25 Analyses of Pollutants), or as specified herein. Other terms not
26 herein defined are defined as being the same as set forth in the.
27 International Conference of Building officials Uniform Building
28 Code, latest edition.
29
30 The terms hereinafter set forth unless otherwise specified shall
31 have the following meanings when used in these Rules and
32 Regulations or any permits or orders issued pursuant hereto:
33
34
35 (1)Administrative Complaint shall mean a document used by
36 the District to initiate a proceeding to impose civil
37 penalties pursuant to Section 7.6.2.7.2.
38
39 (2) Biochemical Oxygen Demand (BOD) shall mean the quantity
40 of oxygen utilized in the biological oxidation of organic
41 matter under. standard laboratory procedure in five (5)
42 days at twenty (20) degrees Celsius expressed in terms of
43 milligrams per liter mass per volume (mg/1) as determined
44 by appropriate testing procedure.
45
46 (3) Board shall mean the Board of Directors of the Irvine
47 Ranch Water District
48
49 (4) Building Drain - Sanitary, shall mean that part of the
50 lowest horizontal piping of a drainage system which
Hearing Draft 7- 2
IRVINE RANC7 ►TER DISTRICT
1
receives sanitary or industrial sewage only, inside the
2
walls of a building and conveys it to the building sewer
3
beginning three (3) feet.outside the building wall.
4
5
(5)
Building Drain. - Storm shall mean that part of the
_
6
lowest horizontal piping of a drainage system which
7
receives stormwater or other clear water discharge, but
8
no wastewater, from soil and other drainage pipes inside
9
the walls of a building and conveys it -to the building
10
sewer beginning three (3) feet outside the building wall.
11 _
12
(6)
Building Sewer - Sanitary shall mean a sewer' pipe
13
receiving flow from a single building and connecting to a
14
sewer main or lateral, and constructed on private
15
property, except for street crossing.
16
17
(7)
Building Sewer - Storm shall mean the extension from the
18
building storm drain to the public sewer or other place
19
of disposal which conveys stormwater or other clear water
20
drainage, but no sanitary or industrial sewage.
21
22
(8)
ass shall mean the intentional diversion of waste
23
streams from any location within an industrial users
24
facility not approved in a user's permit.
25
26
(9)
California Water District Act shall mean the law of the
27
State of California that governs the formation of
28
California Water Districts and establishes procedures and
29
powers of such Districts. .
30
31
(10)
Chemical Oxygen Demand (,COD) shall mean the measure of
32
chemically oxidizable material in domestic or other waste
33
waters as determined by appropriate testing procedures
34
and expressed in terms of milligrams per liter (mg/1).
35
36
(11)
Class I User shall mean any user who discYiarges
37
wastewater which may contain at any given time, any of
38
the components that the District and CSDOC determine
39-
necessary to regulate as specified in Section 7.3 of
40
these Rules and Regulations and Section' 2.7.7 of the
41
CSDOC Ordinance.
42
43
(12)
Class II User shall mean any user who discharges
44
wastewater at a volume greater than 10,000 gallons per
45
day and has a BOD or Suspended Solids greater than 375
46
mg/L.
47
48
(13)
*Code of Federal Regulations(CFR) or Federal Regulations
49
shall mean the codification of the general and permanent
Hearing Draft 7- 3
Hearing Draft 7-4
IRVINE
RANC ATER DISTRICT'
1
rules published in the Federal Register by the Executive
2
departments and agencies of the Federal Government.
3
4
(14)
Coliform shall mean any number of organisms common to
5
the intestinal tract of man and animals whose presence in
6
sanitary sewage is an indicator of pollution.
7
8
(15)
Collection Sewer shall mean a sewer whose primary
9
purpose is to collect wastewaters from individual point
10
source discharges.
it
12
(16)
Combined Sewage shall mean a combination of both
13
wastewater and storm or surface water.
14
15
(17)
Combined Sewer shall mean a sewer intended to receive
16
both wastewater and storm or surface water.
17
18
(18)
Compatible Pollutant shall mean BOD, suspended solids,
19
pH, coliform bacteria; and such additional pollutants as
20
are now or may be in the future specified and controlled
21
by the District's permit, for its wastewater treatment
22
works as said works have been designed and are operated
23
to reduce or remove such pollutants. Some compatible
24
pollutants may be -considered non -compatible when
25
discharged in significant quantities.
26
27
(19)
Composite Sample shall mean a collection of individual
28
samples obtained at intervals during a specified period
29
of time. The resulting mixture (composite sample) forms
30
a representative. sample of the waste stream discharged
31
during the sample period. Samples will be collected
32
during the time manufacturing, processing, and/or sewer
33-
discharge occurs.
34
35
(20)
CSDOC shall mean the County Sanitation Districts of
36
Orange County.
37
38
(21)
Department Head shall mean that person duly designated
39
by the General Manager to direct the Industrial Waste
40
Program and perform those delegated duties as specified
41 -
in these Rules and Regulations.
42
43
(22).
Discharger shall mean any public or quasi -public agency
44
except IRWD, individual, firm, company, association,
45
society, corporation, or group discharging, or. proposing
46
to discharge any wastewater into the public sewer. Used
47
interchangeably with the term "User".
48
49
(23)
Dissolved Solids shall mean that concentration of matter
50
in the sewage consisting of colloidal and particulate
Hearing Draft 7-4
IRVINE RANCI .TER DISTRICT
1
matter 0.45 micron in diameter or less, and both organic
2
and inorganic molecules and ions present in solution.
3
4
(24)
rvine Ranch Water Di
District shall mean Istrict.
5
6
(25).
District Connection Charge shall mean a fee imposed by
7
the District for connecting directly to a public sewer or
8
to a sewer which ultimately discharges into the District
9
sewerage facility.
10
11
(26) -
District's Sewerage Facilities shall mean any property
12
belonging to the District used in the treatment,
13
reclamation, reuse, transportation, or disposal of
14
wastewater.
15
16
(27)
Domestic Wastewater shall mean the liquid and solid
17
waterborne wastes derived from the ordinary living
18
processes of humans of such character as to permit
19
disposal, without special treatment, into the public.
20
sewer or by means of a private disposal system.
21
(28)
Dwelling Unit shall mean one or more habitable rooms
2.2
which are intended or designed to be occupied by one
23
family with facilities for living, sleeping and cooking.
24
25
(29)
Easement shall mean an acquired legal right or interest
26
for the specific limited use of land owned by others.
27
28
(30)
Enforcement Compliance Schedule Agreement (ECSA) shall
29
mean a mutual agreement between the District and
30
permittee in accordance with Section 7.6.2.2.
31
32
(31)
Federal Pretreatment Requirement, National Pretreatment
33
Standard. Pretreatment Standard or Standard shall mean
34
any regulation containing pollutant discharge limits
35
promulgated by the EPA in accordance with 40 CFR 307 (b)
36
and (c) which applies to Industrial Users. This term
37
includes prohibitive discharge limits established
38
pursuant to 40 CFR 403.5. Categorical pretreatment
39
standards are promulgated in 40 CFR Chapter I, Subchapter
40
N or 40 CFR Parts 401-471.
41
42
(32)
- -
Floor Area shall mean. the area included within the
43
surrounding- exterior walls of a building or portion
44
thereof, exclusive of ramps, -docks, vent shafts and
45
courts. The floor area of a building, or portion
46
thereof, not provided with surrounding exterior walls
47
shall be the usable area under the horizontal projection
48
of the roof or floor . above .
49
Hearing Draft 7-5
IRVINE RANCI XTER DISTRICT
1
(33)
Garbage shall mean solid wastes from the domestic and
2
commercial preparation, cooking and dispensing of food,
3
and from the handling, storage and sale of food.
4
5
(34)
Industrial User shall mean a source of Indirect
6
Discharge as defined in 40 CFR 403.3
7
8
(35)
Industrial Wastewater shall mean all liquid -wastes
9
resulting from' the processes employed in industrial
10
manufacturing, trade, or business establishments, as
11
distinguished from domestic wastes.
12
„13
(36)
Industry shall mean any, establishment_ listed in the
14
Standard Industrial Classification Manual, 1972 Edition,
15
or revision thereof, which is categorized in Divisions A,
16
B, D, E, or I.
17
18
(37)
Infiltration shall mean the water unintentionally
19
entering the District's sewerage facilities, including
20
sanitary building drains and sewers, from the ground,
21
through such means as, but not limited to,. defective
22
pipes, pipe joints, connections, or manhole walls.
23
24
(38)
InfiltrationlInflow shall mean the total quantity of
25
water from both infiltration and inflow without
26
distinguishing the source.
27
28
(39)
Inflow shall mean the water discharge into the
.29
District's sewerage facilities, including building storm -
30
drains and sewers, from such sources as, but not limited
31
to, roof leaders, cellar, yard, and area drains,
32
foundation drains, unpolluted cooling water discharges,
33
drains from springs and swampy areas, manhole covers,
34
cross connections from storm sewers and/or combined
35
sewers, catch basins,. storm waters, surface runoff,
36
street wash waters or drainage. (Inflow does 'not
37
include, and is distinguished from infiltration.)
38
39
(40)
Inspector shall mean a person authorized by the General
40
Manager to inspect wastewater generation, conveyance,
41
processing and disposal facilities.
42
43
(41)
Interceptor Sewer ..shall mean a sewer whose primary
44
purpose is to transport wastewater from collection sewers
45
to a treatment facility.
46
47
(42)
Interference shall mean a discharge which, by itself or
48
in conjunction with a discharge or discharges from other
49
sources,'both:
50
Hearing Draft 7- 6
IRVINE RANCY \TER DISTRICT
1
(.1)
Inhibits or disrupts the District's facilities, its
2
treatment processes or operations, -or its sludge process,
3
use, or disposal; and
4
5
(.2)
Therefore causes a violation of any requirement of the
6
District's permits (including an increase in the
7
magnitude or duration of a violation) or prevents sewage
8
sludge use or disposal in compliance with the following
9
statutory provisions and regulations or permits issued
10
thereunder (or more stringent State or local
11
regulations): Section 405 of the Clean Water Act, the
12
Solid Waste Disposal Act (SWDA) including Title II, more
13
commonly referred to as the Resource Conservation and
14
Recovery Act (RCRA),-and State regulations contained in
15
any State sludge management plan prepared pursuant to
16
Subtitle D of the SWDA, the Clean Air Act, the Toxic
17
Substances Control. Act, and the. Marine Protection,
18
Research and Sanctuaries Act.
19
20
21
(43)
Local Sewering Agency shall mean any public or private
22
corporation -duly authorized under the laws of the State
23
of California to construct and/or maintain public sewers.
24
25
(44)
Mass Emission Rate shall mean the weight of material
26
discharged to the District's sewerage facilities during a
27
given time interval. Unless otherwise specified, the
28
mass, emission rate shall mean pounds per day of a
29
particular constituent or combination of constituents.
30
31
(45)
"May" is permissive (see "Shall" ).
32
33
(46)
Memorandum of Understanding (MOU) shall mean any
34
memorandum of understanding or other agreement between
35
the District and CSDOC.governing the administration of
36
the joint industrial waste pretreatment program.
37
38
(47)
Micrograms uer Liter (ug/1)• shall mean. a unit
39
measurement of the concentration of a water or wastewater
40
constituent. It is O.00i,gram of the constituent in one
41
(1) cubic, meter of water. It has replaced the unit.
42
formerly used; parts per billion, to which it is
43
approximately equivalent in reporting the results of
44
water and wastewater analyses.
45
46
(48)
Milligrams per Liter (mg/1) shall mean a unit
47
measurement of a concentration of water or wastewater
48
constituent. It is 0.001 gram of the constituent in
49
1,000 milliliters of water. It has replaced the unit
50
formerly used, parts per million, to which it . is
Hearing Draft 7-.7
IRVINE RANC' 'ITER DISTRICT
1
approximately equivalent in reporting the results of
2
water and wastewater analyses.
3
4
(49)
National Pollutant Discharge Elimination System (NPDES)
5
shall mean the Federal pollution regulation system as.
6
detailed in Public Law 92-500, Section 402.
7
8
(50)
New Source shall mean those sources that are new as
9
determined by 40 CFR 403.3 (k) as revised October 17,
10
1988.
11
12
(51)
Non -compatible Pollutant shall mean any non -treatable
13
waste product, including non -biodegradable dissolved
14-
solids, which is not a compatible. pollutant as defined
15
herein.
16
17
(52)
Normal Domestic Wastewater shall mean all household -type
18
discharges from places of human habitation including
19
sanitary conveniences, kitchen and laundry wastes.
20
Discharge wastes strength shall be considered to average
21
250 mg/l BOD and 250 mg/l Suspended Solids at a discharge
22
rate of 100 gallons per capita per day.
23
24
(53)
Normal Working Day shall mean the period of time during
25
which •the' dischargers production or operation is taking
26
place.
27
28
(54)
NPDES Permit shall mean the National Pollutant Discharge
29
Elimination System permit that is issued by the EPA
30.
setting the limits on constituents that the permittee may
31
legally discharge. The limits are set in both
32
concentration and quantity.
33
34
(55)
Pass Through shall mean discharge through the District's
35
facilities to navigable water or point of reuse which,
36
alone or in conjunction- with discharges* from other
37
sources, is a cause of a violation of the District's
38
NPDES permit. or Regional Water Quality Control Board
39
Order.
40
-41
(56)
Permittee shall mean a person who has received a permit
-42.
to discharge wastewater pollutants into the' District's
43
sewerage facilities subject to the requirements and
44
conditions established by the District.
45
46
(57)
pH shall mean the logarithm of the reciprocal of the
47
quantity of hydrogen ions in moles per liter of solution
48
used in expressing both acidity and alkalinity on a scale
49
ranging from 0 to 14, where 7 represents neutrality.,
Hearing Draft 7-8
Hearing Draft 7- 9
IRVINE
RAND' 'ATER DISTRICT
1
numbers less than 7 increasing acidity, and more than 7
2
increasing alkalinity.
3
4
(58)
Population Equivalent shall mean _a term used to evaluate
5
the impact of industrial or other waste on a treatment
6
_
works or stream. One population equivalent of normal
7
domestic wastewater 100 gallons of sewage per day, and
8
.is
or 0.17 pounds of SOD, and or 0.21 pounds of suspended
9
solids. The impact on a treatment works. is evaluated as
10
the equivalent of the highest of the three parameters.
11
Impact on a stream is the higher of the suspended solids
_
12
parameters.
13
14
(59)
Pollutant shall mean any constituent or characteristic
15
of wastewaters on which discharge limitation may be
16
imposed either by the District or the regulatory bodies
17
empowered to regulate the District.
18
19
(60)
POTW shall mean Publicly Owned Treatment Works.
20
21
(61)
Pretreatment shall mean the reduction of the amount of.
22
pollutants, the elimination of pollutants, or the
23
alteration of the nature of pollutant properties in
24
wastewater to a less harmful state prior to discharge of
25
the wastewater into the District's sewerage facilities.
26
The. reduction or alteration can be obtained by physical,
27
chemical or biological process, or process changes by
28
other means.
29
30
(62)
Pretreatment Facility shall mean any works' or devices
31
for the treatment or flow limitation of wastewater prior
32
to discharge into a public sewer.
33
34
(63),
Pretreatment Standards shall mean requirements for the
35
quality of wastewaters discharged into the District's
36
sewerage facilities.
37
38
(64)
Priority Pollutants shall mean a listing of the toxic
39.
pollutants identified by EPA as having the greatest
40
environmental concern and as non -compatible and requiring
41
pretreatment prior to discharge in order to prevent
42
interference with. District's operation, or to* prevent
43
sludge contamination or treatment system pass-through
44
into receiving waters or into the atmosphere.
45
46
(65)
Private Sewer shall mean a' sewer which is not owned by
47
the District.
48
49
(66)
Probation Order shall.'mean' an order issued with terms
50
and conditions to a permittee upon a violation of .these
Hearing Draft 7- 9
IRVINE RANG' TER DISTRICT
1
Rules and Regulations or the terms, conditions, and
2
limitations of its discharge permit, or upon a failure to
3
make payment to the District of user charges, non -
4
compliance fees, or any other fees.
5
6
(67)
Public Agency shall mean- the United States and its
7
agents and any city, district, or other public body duly
8
organized under the laws of the State of California.
9
10
(68)
Public Sewer shall mean a sewer owned and operated by
11
the District, a city or other local sewering agency,
12
which is tributary to treatment facilities operated by
13
the District.
14
15
(69)
Pumping Station shall mean a station positioned at a
16
location in a sewer system at which wastewater is pumped
17
to a higher level.
18
19
(70)
Regional Administrator shall mean the Regional
20
Administrator of Region IX of the EPA.
21
22
(71)
Regional Board shall mean the California .Regional Water
23
Quality Control Board, Santa Ana Region.
24
25
(72)
Regulatory Agencies are those public agencies legally
26
constituted in the State of California to protect the
27
public health and water quality, such as including but
28
not -limited to the State Department of Health Services ,
29
the California Regional Water Quality Control Board and
30
Orange County Health Department.
31
32
(73)
RegUlatory -Compliance -Schedule Agreement shall
33
mean an agreement between the District and permittee
34
requiring the permittee to implement pretreatment
35
practices and/or install equipment to ensure compliance
36
with future revised categorical pretreatment standards or
37
revised discharge limitations.
38
39.
(74)
Mules and Regulations shall mean that document entitled
40
"Rules and Regulations for Water, -Sewer, and Reclaimed
41
Water Service" containing District. requirements,
42
conditions,- and limitations for connecting and
43
discharging to .the District's sewerage facilities and
.44
other requirements, conditions -and limitations, as may be
45
amended and modified.
46
47
(75)
Sampling and Evaluation Program (S&E) shall mean a
48
program for the determination of mass emission of
49
constituents or compliance or non-compliance with the
50
conditions specified in the user's permit.
Hearing
Draft 7- 10
IRVINE RANG' ITER DISTRICT
1
2
(76)
Sampling Facilities shall mean facilities required in
3
accordance with Section 7.4.13.
4
5
(77)
Sanitary Sewer shall mean a sewer which carries -sanitary
6
and industrial wastes, and to which storm, surface. and
7
groundwater are not intentionally admitted.
8
9
(78)
Sewage shall mean wastewater.
10
11
(79)
Sewer shall mean a pipe or conduit that carries
12
wastewater or drainage water.
13
14
(80)
Sewerage Facilities -shall mean any and all facilities
15
used for collecting, conveying, pumping, treating, and
16
disposing of wastewater and sludge.
17
'
18
(81)
"Shall" is mandatory; (see "May" ).
19
20
(82)
Shredded Garbage shall mean garbage that has been
21
shredded to such a degree .that all particles will be
22
carried freely under. the flow conditions normally
23prevailing
in public sewers, with no particle greater
24
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than 1/2 inch (1.25 centimeters) in any dimension.
25
26
(83)
Significant Industrial User'shall mean all users subject
27
to Federal Categorical Pretreatment Standards and any
28
other industrial user that discharges an average of
29
25,000 gallons per day or more of process wastewater;
30
contributes a process waste stream which makes up 5% or
31
more of the average dry weather hydraulic or organic
32
capacity of the District's treatment facilities; or is
33
designated by the District as a significant industrial
34
user.
35
36
(84)
Significant Non -Compliance shall mean a compliance
37
status a) in which a major violation remains uncorrected
38
for 45 days after notification of non-compliance; or b)
39
which is a result of chronic violations .(66% or more of
40
all samples which exceed the daily maximum limit or
41
average limit of the same constituent during a 6 -month
42
period), or acute violations (33% or more of all samples
43
which exceed the product of the daily maximum limit or
44
average maximum limit times the applicable technical
45
review criterion in a 6 -month period;. or c) which is a
46.
result of failure to provide reports in response to
47
Notice of Violation, permit application information,
48
Report of Progress, a Report of Non -Compliance, -or other
49.
reports required to administer these Rules and
50
Regulations, within 30 -days from* the due date; d) any
Hearing Draft 7- 11
IRVINE RAMC; ITER DISTRICT
1
violation of any ,limitation that the District determined
2
to cause alone or in combination with other discharges,
3
interference or pass through; e) any discharge which has
4
caused immanent endangerment to human health, welfare or
5
to the environment, or has resulted in the District's
6
exercise of its emergency authority (Section 7..6.2.6); f)
7
failure to meet, within 90 days after the scheduled date,
8
a compliance schedule milestone contained in a permit or
9
enforcement action, for starting construction, completing
10
construction,or attaining final compliance; -or g) failure
11
to accurately report non-compliance.
12
13
(85)
Slug Load shall mean any discharge of water or
14
wastewater which in concentration of any pollutant or in
15
quantity of flow will cause interference with the
16
District's reclamation plant or subsequent Publicly Owned
17
Treatment Works (POTW).
18
19
20
(86)
Spent Solutions shall mean any substance defined as a
21
hazardous waste by RCRA, 40 CFR 261.21 through 261.24,
22
and unable to be used for its original purpose.
23
24
(87)
Spill Containment shall mean an approved protection
25
system installed by the permittee to prohibit the
26
accidental discharge to the sewer of non -compatible
27
pollutants.
28
29
(88)
Standard Industrial Classification (SIC) shall mean a
30
as
system of classifying a user •as identified in the 1987 or
31
subsequent SIC manual as by the Office of
32
Management and Budget.
33
34
(89)
Standard Methods -shall mean the laboratory procedures
35
set forth in the latest edition, at the time of analysis,
36
of '"Standard Methods for the Examination of Water and
37
Wastewater" prepared and published jointly by the
38
American Public Health Association, the American Water
39
Works Association and the Water Pollution Control
40
Federation, and 40 CFR Part 136, 3,*4 and 5, and/or other
41
recognized procedures established by EPA and California
42
Regional Water Quality Control Board.
43
44
(90)
Storm Water shall mean all water directly derived from
45
rainwater which has not been utilized in domestic,
46
agricultural, industrial or other beneficial use.
47
48
(91)
Suspended Solids (SS) shall mean the solids that either
49
float to the surface or are suspended in water,
50
wastewater or other liquids and which* are removable from
Hearing Draft 7- 12
IRVINE RAMC, .ITER DISTRICT
1
said liquid through standard laboratory filtration
2
procedure.
3
4
(92)
Technical Review Criteria shall mean- those factors
5
which, when multiplied by the appropriate limitation, set
6
the lower limit of a, significant violation. The
7
Technical Review Criteria factor is 1.2 for all
8
limitations except for SOD, total suspended solids, fats,
9
oil, and grease where the factor is 1.4.
10
11
(93)
Total Organic Carbon (TOC) shall mean the measure of
12
total organic carbon in domestic or other wastewater as
13
determined by the appropriate testing procedure.
14
15
(94)
Total Solids shall mean the sum of suspended and
16
dissolved solids.
17
18
(95)
Toxic Substances shall mean any pollutant or combination
19
of pollutants which upon exposure to or assimilation into
20
any organism will cause adverse.effects, such as cancer,
21.
genetic mutations and physiological manifestations.
22
23
(96)
Unpolluted Water shall mean water. to which no
24
constituent has been added either intentionally or
25
accidentally.
26
27
(97)
User shall mean any public or -quasi -public agency except
28
IRWD, individual, firm, company, association, society,
29
corporation, or group discharging, or proposing to
30
discharge any wastewater into the public sewer. Used
31
interchangeably with the term "Discharger".
32
33
(98)
User Charge shall mean a charge imposed by the District
34
for the provision of a special service not normally
35
provided by the District, such as situations involving
36
unusual quantity or quality requirements.
37
38
(99)
Waste shall mean sewage and any and all other waste
39
substances, liquid, solid, gaseous, or radioactive,
40
associated with human habitation, or of human or animal
41
origin, or from any producing, manufacturing or
42
processing operation of whatever nature, including such
43
wastes placed within containers of whatever nature, prior
44
and for the purpose of disposal.
45
46
(100)
Wastewater shall mean waste and water, whether treated
'47
or untreated, -discharged into or permitted to enter a
48
bistrict sewer.
49
Hearing Draft 7- 13
IRVINE RANC1 ITER DISTRICT
1
(101)
Wastewater Constituents and Characteristics shall mean
2
the individual chemical,. physical, - biological and
3
radiological parameters, including volume, flow rate,
4
concentration and such other parameters that serve to
5
define, classify, or measure the quality and quantity of
6
wastewater.
7
.8
(102)
Wastewater Discharge Permit shall meant, any of the
9
following: Class I, Class II, or Special Purpose Permit.
10
Used interchangeably with the word "permit".
11
12
(103)
Wastewater Treatment shall, bean the structures,
13
equipment and processes required to collect, transport
14
and treat domestic and industrial wastewater and dispose
15
of the effluent and accumulated residual solids.
16
17
7.3.
WASTEWATER DISCHARGE REGULATIONS
18
.19
7.3.1.
PROHIBITIONS AND LIMITATIONS ON WASTEWATER DISCHARGES
20
21
No person shall discharge or allow to be discharged wastewaters
22
directly
or indirectly into District's sewerage facilities that
23
cause or
-are capable of causing, either alone or by interaction
24
with other substances, interference with the operation of the
25
District's sewerage. facilities, including but, not limited to the.
26
following:
27
28
(1)
Oils and Grease. Wax, grease or oil of mineral origin
29
in a concentration of more than 100 mg/1 whether
30
emulsified or not, or any other waste containing
31
substances which may precipitate, solidify or become
32
viscous at temperatures between 320 and 150°F (00and
33
65°C) at the point of discharge into the District's -
34
sewerage facilities) .
35
36
(2)
E losive Mixtures. Liquids, solids or gases. which by
37
reason of their nature or quantity are, or may be,
38
sufficient either alone or by interaction with other
39
substances -to cause fire or explosion or be injurious in
.40
any other way to the District's sewerage facilities or to
41
the operation of the Districts sewerage facilities. At
42
no time shall the discharge into the District's sewerage
43
facilities have a closed cup flash point less -than 140OF
44
(600C). Prohibited materials include, but are not
45
limited to, gasoline, kerosene, naphtha, benzene,
46
toluene, ethers, alcohols, ketones, aldehydes, peroxides,
47
chlorates, perchlorates, bromates, carbides, hydrides and
48
sulfides.
49
Hearing Draft 7- 14
IRVINE RANC1 .TER DISTRICT
1
(3)
Noxious Materials. Noxious or malodorous solids,
2
liquids or gases, which, either singly or by interaction
3
with other wastes, are capable of creating a public
4
nuisance or hazard to life, or are or may be sufficient
- 5
to prevent entry into a sewer for its maintenance and
6
repair.
7
8
(4)
Improperly Shredded Garbage. Garbage that has not been
9
ground or comminuted to such a degree that all particles
10
will be carried freely in suspension under flow
it
conditions normally. prevailing in the public sewers, with
12
no particle greater than one-half (1/2) inch in any
13
dimension.
14
15
(5)
Radioactive Wastes. No person shall discharge, -or cause
16
to be discharged, any radioactive waste into a public
17
sewer except:
18
19
(.1)
When the person is authorized to use radioactive
20
materials by the State Department of Health or other
21
governmental agency empowered to regulate the use of
22
radioactive materials;
23
24
(.2)
When the waste is discharged in strict conformity with
25
current California Radiation Control Regulations
26
(California Administrative Code, Title 17)' for safe
27
disposal;
28
29
(.3)
When the person is in compliance with all. rules and
30
regulations of all other applicable regulatory agencies;
31
and,
32
33
(.4)
When a Class I permit has been obtained from CSDOC.
34
35
(6)
Solid or Viscous Wastes. Solid or viscous wastes.which
36
will or may cause obstruction to the flow in a sewer, or
37
otherwise interfere with the proper operation of the
38
sewerage facilities. Prohibited materials include, but
39'
are not limited to, grease, uncomminuted garbage, animal
40
guts or tissues, paunch, manure, bones, hair, hides or
41
fleshings, entrails, whole blood, feathers,. ashes,
42
cinders, sand, spent lime, stone or marble dust, metal,
43
glass, straw, shavings, grass clippings, rags, spent
44
grains, spent hops, waste paper, wood, plastic, tar,
45
asphalt residues, residues from refining or processing of
46
fuel or lubricating oil, and similar substances.
47
48
(7)
Slug Loads. Wastewaters at a flow or containing such
49
concentrations of pollutants that will.cause interference
50
with the District's treatment plant or subsequent POTW.
Hearing Draft 7- 15
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IRVINE RANC "ATER DISTRICT
(8) Toxic Substances. Any toxic substances in amounts
exceeding established standards, and any chemical
elements or compounds, phenols or other taste or odor
producing substances, or other substances which are not
susceptible to treatment or -which may interfere with the
biological processes or efficiency of the treatment
processes, cause acute worker health and safety problems,
or that will pass through the District's sewerage
facilities.
(9) discolored Material. Wastes with objectionable color
not removable by the treatment process.
(10) Corrosive Wastes. Any waste which will cause -corrosion
or deterioration of the District's seweragre facilities.
All wastes discharged_ to a public sewer must have a pH
value in the range of (6) to (12) standard units.
Prohibited materials include,, but are not limited to,
acids, sulfides, concentrated chloride and fluoride
compounds and substances which will react with water. to
form acidic products.
(11) Organic Phosphorous Compounds. Any amounts of organic
phosphorus compounds released in a discharge at a flow
rate or in a concentration which will cause pass through
or interference with the sewerage facilities.
(12) Non-COMRliant Waste. Any waste not in compliance with
national categorical pretreatment standards as
represented in 40 CFR Chapter I Subchapter N or 40 CFR
Parts 401-471.
7.3.2. STORM WATER
Ground water, street drainage, subsurface drainage, foundation
drains, 'or yard drainage -shall not be discharged directly 'or
indirectly to the District's sewerage facilities. The District
may approve the temporary discharge of such water by approving a
Special Purpose -Permit only when no alternative method of disposal
is reasonably available. If a Special Purpose Permit is granted
for the discharge of such water into a sewer, the user shall pay
the applicable charges and fees for use and shall meet such other
conditions as required by the District.
7.3.3. SELF -REGENERATIVE WATER SOFTENERS AND DEMINERALIZERS
The discharge to the sewer of waste resulting from the onsite
regeneration of any ion exchange unit, such as a self -regenerative
water softener, is prohibited. Installation of such onsite
Hearing Draft
I— lb
IRVINE RANC' 'ITER DISTRICT
1 regenerated ion exchange units within the District is specifically
2 prohibited. The District may, on an individual basis, approve the
3 installation of such units if the applicant, owner, or customer
4 demonstrates that such waste will be discharged into a facility
5 other than a District sewer and that the.* agency receiving the
6 waste approves its disposal.
7
8 7.3.4. UNPOLLUTED WATER -
9
10 Unpolluted water, such as single -pass cooling water, shall not be
11 discharged through direct or indirect connection to a public
12 sewer. The District may approve the, discharge of such water only
13 when no alternative method of disposal is reasonably available by
14 issuing a Special Purpose Permit.
15
16
17 7.3.5. SEPTIC TANK AND CESSPOOL WASTES -
18
19 Discharges of septic tank, or cesspool wastes, into the public
20 sewer or directly into the treatment plant facilities is
21 prohibited.
22
23 7.3.6. TEMPERATURE
24
25 No person shall discharge wastewater with a temperature higher
26 than 140°F (600C). Heat in discharged wastewater shall not cause
27 the temperature of wastewater entering the headworks of any
28 wastewater treatment plant to exceed 104°F (400C).
29 .
30 7.3.7. POINT OF DISCHARGE
31
32 No.person, excluding District personnel involved in maintenance
33 functions of sewer facilities, shall discharge any water,
34 wastewater or any substance directly -into a manhole or other
35 opening in a sewer other than through an approved building
36 sanitary sewer, unless upon written application by the user and
37 approved by the District and payment of the applicable charges for
38 use and fees.
39
40 7.3.8. WASTEWATER STRENGTH LIMITATIONS
41
42 No person shall discharge wastewater containing substances in
43 excess of the quantities listed in Exhibit B. Schedule of Rates
44 and Charges, to these Rules and Regulations entitled "Discharge
45 Limits", or containing other materials, or having other
46 characteristics, including, but not limited to, ammonia,
47 biochemical oxygen demand (BOD), chemical oxygen demand, total
48 organic -carbon, suspended solids, oil or grease of animal .or
49 vegetable origin, total dissolved solids,: and phenolic compounds
Hearing Draft 7- 17
IRVINE RANCT ITER DISTRICT
1 in quantities that may cause -or are found to cause problems, pass
2 through, or interference with the sewerage facilities.
3
4 No person shall discharge wastewater containing in excess of 0.01
5 mg/l of pesticides as'.a daily maximum, to include, but not limited
6 to the following: DDT (dichlorodiphenyltrichloroethane, both
7 isomers), DDE (dichlorodiphenylethylene), DDD
8(dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride
9 (alpha, beta, and gamma isomers), Chlordane, Endrin, Endrin
10 aldehyde, TCDD (2,3,7,8-tetrachlorodibenzo-p-dioxin), Toxaphene
11 (alpha)-Endosulphan, - (beta)-Endosulphan, - Endosulphan sulfate,
12 Heptachlor, Heptachlor epoxide, and Dieldrin.
13
14 No person shall, discharge wastewater containing in excess of 0.01
i5 mg/1 of polychlorinated biphenyls as a daily maximum to include,
16 -but not limited to the following: Aroclors 1016, 12210, 1228, 1232,
17 1248, 1254, 1260, and 1262.
18
19 7.3.9. PROHIBITION ON DILUTION
20
21 No user shall increase the use of water in, or in any other manner
22 attempt to dilute, a discharge as a partial or complete substitute
23 for treatment to achieve compliance with these Rules and
24 Regulations and the user's -permit or to establish an artificially
25 high flow rate for permit mass emission rates.
26
27 7.3.10. PROHIBITION ON INFECTIOUS WASTE
28
29 The District shall have the authority to require that any
30 discharge of an infectious waste to the sewer be rendered non -
31 infectious prior to discharge if the infectious waste is deemed to
82 pose a threat to the public health and safety, or will result in
33 any violation of applicable waste discharge requirements.
34
35 7.3.11. LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL SOLUTIONS
36 AND SLUDGES
37
38 A. Spent solutions, sludges, and materials of quantity
39 or quality in violation of, or prohibited by these Rules
40 and Regulations, or .any,,permit issued under these Rules
41 and Regulations must be disposed of in a legal manner at
42 a legally acceptable point of disposal as defined by the
43 appropriate Regulatory Agency. All waste manifests shall
44 be retained for a minimum of three years, and made
45 available to the District upon request.
46
47 B. No person shall batch dump to the District's
48 sewerage facilities. Non-compliance fees. applicable for
49 such discharge will be as shown in Exhibit B, Schedule of
50 Rates and Charges.
Hearing Draft 7- 18
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.47
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49
IRVINE RANC kTER DISTRICT
7.4. WASTEWATER DISCHARGE PERMITS
7.4.1. GENERAL
In addition to District connection charges required by these.Rules
and Regulations, all significant industrial users, proposing to
connect to or discharge into the District's sewerage facilities
must first obtain a Wastewater Discharge Permit. No vested right
shall be deemed given by issuance of permits provided for in this
document. The issuance of a Wastewater Discharge Permit does not
authorize the commission of any act causing injury to the person
or property of another, nor relieve the discharger from compliance
with, or protect the discharger from liability under Federal,
State or local laws, nor guarantee the discharger a capacity right
in the District's sewerage facilities.
7.4.2. PERMIT APPLICATION PROCEDURE
Applicants* for Wastewater Discharge Permits shall complete .an
application form available at the District's, office. This
application shall be accompanied by the applicable fees.
As part of the permit application process the District may require
the submittal of detailed plans for a review of existing or
proposed construction of pretreatment facilities, spill
containment facilities, monitoring and metering facilities, and
operating procedures. The approval of the District shall be
received prior to the start of construction. This review of plans.
and procedures shall in no way relieve the user of the
responsibility of modifying the facilities or procedures in the
future, as necessary, to meet the requirements of these Rules and
Regulations or any requirements of other Regulatory Agencies.
If required the user shall submit four (4 ) copies . of all drawings
for review. All drawings shall include the following:
1. North arrow.
2. Scale size.
3. User name and address.
4. Drawing name and drawing number.
5. Date drawn or revised. . .
6. Name of drafter and person approving drawing.
These. scaled drawings shall -include but not be limited to
depictions of the manufacturing process (waste generating
sources), spill containment, pretreatment facilities, and
monitoring/metering facilities. Schematic drawings of
pretreatment facilities may be required. The District may also
Hearing Draft 7- 19
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IRVINE RANCI .TER DISTRICT
require that drawings be signed and sealed by a California
Registered Chemical, Mechanical, or Civil Engineer.
Upon receipt of all required information, the application shall be
processed and, upon approval, -a permit will be issued, signed by a.
District representative, and returned to the applicant. When
properly signed, the permit together with any documents attached
thereto shall constitute a valid Wastewater Discharge Permit for
the time period specified therein. Where the discharger becomes
aware that relevant facts were omitted or incorrect information
was .submitted in the application, the facts or corrected
information shall be promptly submitted to the District and the
permit shall be amended if appropriate.
7.4.3. PERMIT CONDITIONS
Wastewater Discharge Permits shall be expressly subject to all
provisions of these Rules and Regulations and all other
regulations, user charges and fees established by the District.
The conditions of wastewater discharge permits shall be uniformly
enforced by the District in accordance with these Rules and
Regulations and applicable state and federal regulations. Permits
may contain the following:
(1) The unit charge or schedule of user charges and fees
fixed in this section for*the sewage to be discharged;
(2) The average and .maximum sewage constituents and
characteristics which may be discharged into the
District's sewerage facilities;
(3) Limits on rate and time of discharge or requirements for
flow regulations and equalization;
(4) Requirements for installation of inspection and sampling
facilities;
(5) Pretreatment requirements;
(6) Specifications for
sampling locations,
number, types and
schedule;
(7) Requirements for
discharge reports;
monitoring programs which may include
frequency and method of sampling,
standards for tests and reporting
submission of technical reports or
(8) Requirements for maintaining plant records relating to
sewage discharge as specified by -the General Manager, and
affording the General Manager access thereto;
Hearing Draft 7- 20
IRVINE RANG ',TER DISTRICT
1
2 (9) Mean and maximum mass emission rates, or other
3 appropriate limits when nori-compatible pollutants are
4 proposed or present in the user's sewage discharge;
5
6 (10) A time schedule for meeting certain pretreatment
7 requirements;
8
9 (11) Other conditions as deemed appropriate. by the General
10 Manager to insure compliance with this section.
11
12 1.4.4.. DURATION OF PERMITS
13
14 Permits shall be issued for a specified time period, not to exceed
15 four years. If the user is not notified by the District ninety
16 days prior to the expiration of the permit, the permit shall be
17 extended one additional year. The terms and conditions of the
18 permit are subject to modifications and change by the District and
19 CSDOC during the life of the permit as limitations or requirements
20 are modified and changed. The user shall be informed of any
21 proposed_ changes in his permit at least thirty days prior to the
22 effective date of change. Any change or new conditions in the
23 permit shall include a reasonable time schedule for compliance.
24
25 7.4.5. TRANSFER OF A PERMIT
26
27 Wastewater Discharge Permits are issued to a specific operation.
28 •*A Wastewater Discharge Permit shall not be reassigned or
29 transferred or sold to a new owner or lessee, new . user, different
30 premises, or a new or changed operation. In the event of any
31 change in the name, ownership or control of the discharger's
32 operation or a change in the operation itself, the discharger
33 shall so notify the District. The District may require the new
34 owner or operator to*submit a new permit application.
35
36 7.4.6. PERMIT RENEWAL OR MODIFICATION
37
38 An industrial discharger shall file a new application with the
39 District sixty days prior to the expiration of its existing waste
40 discharge permit, or the implementation of changes in the
41 operation of a discharger which increase flows. beyond that
42 specified in the existing • permit or cause a significant change in
43 the nature of the wastewater or location of the discharge, or
44 which changes may result in non-compliance with these Rules and
45• Regulations. A new application shall also be required to
46 reestablish sewer service following revocation of a permit or upon
47 disclosure of omitted relevant facts 'or incorrect information
48 submitted in an application.
49
50 7.4.7. PRETREATMENT
Hearing Draft 7- 21
IRVINE RANC kTER DISTRICT
1
2 Users shall make sewage acceptable under such limitations as may
3 be established herein before discharging to the District's
4 sewerage facilities. Any facilities required to pretreat sewage
5 to a level acceptable to the District and CSDOC shall be provided
6 and maintained at the user's expense. Detailed plans,
7 specifications and other pertinent data showing the pretreatment
8 facilities and operating procedures shall first be submitted to
9 the General Manager for review, and shall be approved by the
10 General Manager before construction of the facility. These plans
11 shall be signed by an engineer or responsible officer certifying
12 that they will meet the pretreatment requirements.' The review and
13 approval of such plans and operating procedures will in no way
14 relieve the user from the responsibility of modifying the facility
15 as necessary to produce an effluent acceptable to the District
16 under provisions of this section. Any proposed changes in the
17 pretreatment facilities or method of operation subsequent to
18 issuing a permit shall be reported to and be approved by the
19 General Manager before implementing such changes. Such approval
20 of plans. or changes therein shall not exempt the user from
21 compliance with any applicable code, ordinance, rule, regulation
22 or order of any regulatory agency or governmental authority.
23
24 7.4.8. PROTECTION FROM ACCIDENTAL DISCHARGE
25
26 Each user shall prevent accidental discharge to the public sewer
27 of prohibited wastes or other materialA regulated by these Rules
28 and Regulations or Federal categorical pretreatment standard by
29 providing spill containment facilities. Such facilities shall be
30 provided and maintained at the user's expense. Detailed plans
31 showing facilities and operating procedures to provide this
32 protection shall be submitted to the General Manager for review,
33 and shall be approved by the General Manager befo4re construction
34 of the facility and before making any changes therein. The review
35 and approval of such plans and operating 'procedures or change
36 therein will in no way relieve the user from the responsibility of
37 modifying the facility as necessary to provide the protection
38 necessary to meet therequirements of this section or any other
39 applicable code, ordinance, rule, regulation or order of any
40 regulatory agency or governmental authority.
,41
42 7.4.9. PROCEDURE FOR ACCIDENTAL DISCHARGE
43
44 In the event the discharger is unable to comply with any of the
45 permit conditions due to a breakdown of waste treatment equipment,
46 accidents caused by human error or acts of -God, the discharger
47 shall notify the District by telephone as soon as he or his agents
48 have knowledge of the incident, but within 24 hours. Confirmation
49 of this notification shall be made- in writing within two weeks of
50 the telephone notification. The written notification shall
Hearing Draft 7- 22
IRVINE RANC' ITER DISTRICT
1 include pertinent information explaining reasons for the non -
2 compliance and shall indicate what steps were taken to correct the
3 problem and the date of the incident, as well as what steps are
4 being taken to prevent the problem from recurring and the results
5 of repeat sampling and analyses.
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7 If it can be shown that the discharge is the cause of the -District
8 violating its discharge requirements or incurring- extraordinary
9 operational expenses or suffering loss or damage to the sewerage
10 facilities, then that discharger may be responsible for any costs
11 or expenses, including assessments by other agencies or the court,
12 incurred by District.
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14 7.4.10. TYPES OF PERMITS.
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16 The Wastewater Discharge Permit shall be in one of three forms and
17 is dependent upon the volume and characteristics of wastewater to
18 be discharged. The three Wastewater Discharge Permits are:
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20 (1) Class I Permit;
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22 (2) Class II Permit;
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24 (3) Special Purpose Permit;
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26 7.4.10.1. Class I Permit
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28 All Class I Users discharging or proposing to discharge into the
29 District's sewerage facilities must obtain a Class I Wastewater.
30 Discharge Permit jointly issued by the District and CSDOC before
31 discharging.
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33 7.4.10.2. Class II Permit
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35' A Class II permit shall be required for all Class II Users who
36 are not required to obtain a Class I permit. The purpose of a
37 Class II permit is to facilitate the collection of compatible
38 pollutant surcharges from the user. All Class II Users
39 discharging or proposing to discharge into the District's sewerage
40 facilities must obtain a Class II Wastewater Discharge Permit by
41 filing an application pursuant.'to Section 7.4.2.
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43 •7.4.10.3. Special Purpose Permit
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45 A special purpose permit shall be required for a user proposing
46 to discharge groundwater, surface runoff, subsurface drainage, or
47 unpolluted water directly or indirectly to the District's sewerage
48 facilities. This permit may be granted when. no alternative method
49 of disposal is reasonably available, or to, mitigate an
50 environmental risk or health hazard:
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Applicants seeking a special purpose wastewater permit shall
complete and file with' the District, prior to commencing
discharge, an application in the form prescribed by the District.
This application shall be accompanied by the applicable fees,
plumbing plans, a detailed analysis of the alternatives for
disposal, or other data -needed by the District -for review.
Discharge conditions and limitations shall be no less stringent
than Section 7.3 of these Rules and Regulations and Section 2.7.7
of the CSDOC Ordinance.
Monitoring requirements contained in the Special Purpose Permit
for contaminated .groundwater .shall be for those non -compatible
pollutants known to exist in the discharge and at least one
analysis prior to sewer discharge shall* be performed for all
constituents contained in the most current Environmental
Protection Agency (EPA) "Priority Pollutant" list, excluding
Asbestos.
7.4.11. MONITORING
Management of a pollution control program requires a constant flow
of information on the quantity and quality of discharges into the
District's sewerage facilities. The monitoring of discharges
serves three specific purposes. These purposes include
ascertaining compliance with the Rules and Regulations, completion
of necessary discharge reports as required, and determination of
user charge fees. There are several modes of a monitoring
program. Self Monitoring develops a data base, .and provides the
necessary information for calculation of user charges. This
monitoring is performed.by the user: Scheduled Monitoring is a
systematic sampling and inspection survey of all industrial
contributors to.the District's sewerage facilities in accordance
with a predetermined'schedule. Unscheduled Monitoring is a random
spot check of users to ascertain permit compliance. Demand
Monitoring is conducted when some disruption of -the District's
sewerage facilities develops. The District will perform
scheduled, unscheduled and demand monitoring to ensure compliance
with the provisions of the Rules and Regulations and permits, and
.will review self-monitoring reports..
7.4.12. SELF-MONITORING
Users required to obtain a Wastewater Discharge Permit may be
required to develop a self-monitoring and reporting program. The
frequency of self-monitoring and reporting.will be based on the
following criteria as evaluated by the District:
(1) The effect of thedischarger's wastewater on the
District's sewerage facilities;
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(2) The degree of. toxic materials which may pass through the
treatment plant;
(3) The need to ensure that any pretreatment standards are
met;
(4) The size, nature, and type of the industrial wastewater
discharge;
(5) The extent to which the user could contribute to
violation of the District's discharge requirements.
Self-monitoring programs include, at minimum, the following:
a) A minimum of four (4) grab samples must be used for pH,
cyanide, total phenols, oil and grease, sulfide, and
volatile organics.
b) For all other pollutants, 24-hour composite samples must
be obtained through flow -proportional composite sampling
techniques where feasible.
C) Where flow proportional composite sampling is
infeasible, samples. may be obtained through time -
proportional composite sampling techniques or through a
minimum of four (4) grab samples where the User demonstrates
that this will provide a 'representative sample of the
effluent being discharged. -
Samples collected shall be in accordance with proper sampling and
handling techniques outlined in the latest edition of "Standard
Methods" or that publication entitled "Methods for Chemical
Analysis of Water and Wastes" published by the EPA, or other
appropriate method approved by the Regional Board.. _
7.4.13. MONITORING AND METERING'FACILITIES
The General Manager may require the user to construct at his own
expense monitoring and metering ,`facilities "to allow inspection,
sampling and flow measurement of the sewage or internal drainage
systems. The General Manager may also require sampling and
metering equipment to be provided, installed and operated at the
user's expense. The monitoring and metering facility should
normally be situated on the user's premises. When such a location
would be impractical or cause undue hardship on the user, the user
may construct such facilities in the public right-of-way provided
said user has obtained any and all permits required therefor and
that such equipment is located so that -it will not be obstructed
by landscaping or parked vehicles. If the monitoring and metering
Hearing Draft
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1 facility is inside the user's fence, there shall be accommodations
2 to allow access for District personnel, such as a gate secured
3 with a District lock. There shall be ample room in or near such
4 monitoring and metering facility to allow accurate sampling and
5 compositing of samples for analysis. The monitoring and metering -
6 facility and sampling and measuring equipment shall be -maintained
7 at 'all times in a safe and proper operating condition at the
8 expense of the user. Whether constructed on public or private
9 property, the monitoring and metering facilities shall be provided
10 in accordance with the District requirements. and all applicable
11 construction standards and specifications. Construction shall be
12 completed within ninety days following written notification by the
13 General Manager, unless a time. extension is otherwise granted by
14 the General Manager.
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16 7.4.14. INSPECTION AND SAMPLING
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18 The District shall inspect the wastewater generating and disposal
19 facilities of any user to ascertain whether the intent of these
20 Rules and Regulations is being met and the user is complying with
21 all requirements. Persons or occupants of premises where
22 wastewater is created or discharged shall allow the District or
23 its representatives ready access during the normal working day to
24 all parts of the wastewater generating and disposal facilities and
25 monitoring and metering facilities for the purposes of inspection
26 and sampling. The District shall have the right to set up on the
27 user's property such devices as are necessary to conduct sampling
28 or metering operations. Where a user has security measures in
29 force, the user shall make necessary arrangements so that
30 personnel from the District will be permitted to enter without
31 delay for- the purpose of -performing their specific
32 responsibilities.
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34 7.4.15. DISCHARGE REPORTS
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36 An industrial user discharging or proposing to discharge sewage
37 into the District's sewerage facilities shall be required to file
38 discharge reports periodically or at anytime requested by the
39 District. Industrial users subject to - Federal categorical
•40 pretreatment -standards, shall submit to the District by June 30
41 and December 31, unless required more frequently by the standard
42 or by. the District, a report indicating the nature and
43 concentration of pollutants in the discharge which are limited by
44 such categorical pretreatment standards.. Reports generated by
45 CSDOC may serve to meet this requirement. In addition, this
46 report shall include a record of flows as required by the
47 District. The District may agree to alter the months during which
48 the reports are to be submitted -based on an industrial user's high
49 or low flow rates, holidays, -budgets, etc.
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Hearing Draft 7- 26
IRVINE RANCE ATER DISTRICT
1 Where the District has imposed mass limitations on an industrial
2 user, the report shall indicate the mass of pollutants regulated
3 by the pretreatment standards in the discharge of the industrial
4 user. Where 'the District has imposed .equivalent' mass or
5 concentration limits on' an industrial user,, the .report shall
6 contain a reasonable measure of an industrial user's, long term
7 production rate. For all other industrial users subject to
8 categorical pretreatment standards expressed in terms of pollutant
9 discharge per unit of production, the report shall include the
10 _ industrial user's actual average production rate for the reporting
11 period.
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13 The District may also require an industrial user to include other
14 information in the report including, but not limited to hours of
15 operation, number and classification of .employees, and quantities
16 of liquid or gaseous materials stored on site even though they may
17 not be discharged. Industrial users who monitor more frequently
18 than required by permit must report the results of such
19 monitoring.
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21 Industrial users required to submit these reports or to keep other
22 records under the conditions of their permit shall retain for
23 three years all records of monitoring activities including *dates,,
24 times, exact places, methods, names of persons who sampled and
25 analyzed the. discharge, and results of analysis, and shall make
26 such records available for inspection and copying by the Regional
27 Board, and the District. This period of retention may be extended
28 during the course of any unresolved litigation regarding the User
29 or the District, when requested by the Regional Board.
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31 These reports shall be signed per Section 7.4.20 of the Rules and
32 Regulations.
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34 7.4.16. CONFIDENTIAL INFORMATION
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36 All information and data on a user obtained from reports,
37 questionnaires, permit applications, permits, monitoring programs,
38. and from inspections shall be available to the public or other
39 governmental agencies without restriction unless the user
40 specifically requests confidentiality and is able to demonstrate
41 to the satisfaction of the General Manager that the release- of
42 such information would divulge information, processes or methods
43 which would be detrimental to the user's competitive position.
44 Any such. claim must be asserted at the time of submittal of the
45 information by stamping the words confidential business
46 information" on each page containing such information. If a claim
47 is so asserted the District will treat the information -in
48 accordance with Chapter 40, Codd of Federal Regulations, Part 2.
49 When requested by the person furnishing a- report or other
50 document, the portions of a report or document which might
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disclose trade secrets or secret processes shall not be made
available to the public, but shall be made available to
governmental agencies; and such portions of a report or document
shall be subject to use by the state or any state agency in
judicial review or enforcement proceedings involving the person
furnishing the report or document. Sewage constituents and
characteristics will in no instance be recognized as confidential
information.
7.4.17. TOXIC SOLID WASTES
Industrial dischargers .identified as generators 'of toxic solid
wastes shall be notified by the District of applicable
requirements promulgated under the Solid Waste Disposal and-
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the Resource Conservation and Recovery Act (RCRA) and hall
referred to the State of California Department of Health Services.
The foregoing provision shall . in, no way relieve the discharger of
full responsibility for ascertaining and complying with all such
requirements.
7.4.18. HAZARDOUS WASTE DISCHARGE
All industrial dischargers are required to file a one time
notification with the District of the discharge of wastes which-,
if otherwise disposed of., would be considered RCRA hazardous
wastes. , Industrial dischargers which discharge more than .220
pounds (100 kilograms) of RCRA classified wastes per month must
include in the notification an identification of hazardous
constituents, estimates of mass and concentration on a monthly
basis for twelve consecutive months. Industrial dischargers who
discharge less than 33 pounds (15. kilograms) per month of non-
acute- hazardous waste as defined by RCRA do not have to report
under this Section. In addition, industrial dischargers need not
report pollutants already addressed under self-monitoring,
baseline monitoring, and other periodic compliance reports.._
Industrial dischargers subject to this Section are required to
certify that they have developed a program to reduce the volume or
toxicity of hazardous wastes generated to the degree it has been.
determined to be economically practical.
7.4.19. BASELINE*MONITORING REPORTS
All dischargers may be required to comply with applicable
mandatory toxic waste and pretreatment standards promulgated
Water
accordance with Sections mand 308- of t
he Pollution Control Act, or amendments thereto. Within 180 days of
the date such pretreatment standards are promulgated, or become
applicable to -the discharger, dischargers subject to the standards
shall submit a baseline monitoring report to the District and to
Hearing Draft 7 28
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the U.S. Environmental Protection Agency detailing, in accordance
with Section 403.12, Chapter 40, Code of Federal Regulations, as
amended, the dischargers compliance status with the regulations.
If the discharger is in non-compliance, the report shall include a
time schedule outlining how the discharger will achieve compliance
within. the date established for the applicable pretreatment
standards. Progress reports, monitoring and reports of compliance
shall also, as required by Section 403.12, be submitted by the
discharger at the specified times.
7.4.20 SIGNATORY REQUIREMENTS
Is
All reports and permit applications required by the District for
satisfying Federal Regulations shall contain the following
certification statement:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or
supervision in accordance with Federal Pretreatment
Requirements."
This statement shall be signed by a manager and the person
responsible for environmental matters of the industrial user as
defined in 40 CFR 403.12 (1) (1-4) .
7.5. CHARGE FOR USE
7.5.1. GENERAL
The purpose of a charge for use is to insure that each recipient
of sewerage service from the District pays- its reasonably
proportionate share of all the costs of providing that sewerage
service. Charges for use shall be used to recover the total cost
of operation and.maintenance, - including the conveying, treating
and disposing -of wastewater in the District's sewerage facilities,_
capital expenditures and reserve requirements for providing
wastewater collection treatmentand disposal. In addition, they
will be used. to* reimburse District for the -cost of monitoring and
enforcement of these Rules and Regulations.. General charges will
be determined on the basis of the volume of wastewater, the mass
of BOD, and the mass of SS as set. forth below. Additional fees
will be levied by the District for compatible or non -compatible
pollutants in excess of those amounts specified in the user
permit.
7.5.2. -DETERMINATION OF FLOW
There are three methods for determining the volume of wastewater
discharged into the sewer: direct measurement, metered water
supply, adjusted metered water supply. Those users exceeding 10%
Hearing Draft Zy
IRVINE RANCI .TER DISTRICT
1 of the design capacity of any District sewerage facility may be
2 required to provide a continuous" automatic total flow measurement
3 system incorporating flow indication, totalization, and recording
4 of the wastewater flow (direct measurement system). Those users
5 not required to have a continuous wastewater flow measurement
6 system shall use metered water supply or adjusted metered water
7 supply measurements to determine flow. The District shall approve
8 the method of wastewater flow measurement to be used in each
9 instance.
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11 7.5.2.1. Direct measurement reports the volume of industrial
12 wastewater determined by a full time flow meter, measuring the
13 wastewater leaving the plant.
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15 7.5.2.2. Metered water supply reports the amount of industrial
16 wastewater discharged when the flow volume is a measurement of the
17 total water entering the user's plant. This amount can be taken.
18 from water bills or flow measuring device which measures the
19 intake of water from either the District, water wells, or other
20 sources.
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22 7.5.2.3. Adjusted metered water supply reports the amount of
23 industrial wastewater discharged when amounts of water consumed in
24 plant operations are subtracted from the total volume of metered
25 water entering the plant. This results in a calculated rather
26 than a measured flow volume of industrial wastewater leaving the
27 plant. The adjusted metered water supply -is determined by
28 deducting measured quantities of water consumed in plant
29 operations from the metered water supply.
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31' 7.5.3. DETERMINATION OF BIOLOGICAL OXYGEN DEMAND (BOD) AND
'32 SUSPENDED SOLIDS (SS) FOR CHARGE FOR USE
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34' (1) The BOD and SS concentrations, required for charge for
35 use will be determined from the average of six samples.
36 _ Each sample shall -be a 24, hour composite collected
37 proportional to flow. Each 24 hour composite sample must
38 have individual samples taken at least once per hour
39 during. all 24 hours -or any lesser number of hours that
40 wastewater is flowing into the sewer.
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43 (2) The samples collected shall be in accordance with proper
44 sampling and handling techniques outlined in the latest
45 edition of "Standard Methods" or that. publication
46 entitled "Methods for Chemical Analysis of Water and
47 wastes", published by the EPA or other appropriate
48 methods approved for use by the Regional Board. Samples
49 collected shall. be delivered to a California State
50 Certified Laboratory for. analysis within the holding
Hearing Draft 7 30
IRVINE RANC: ITER DISTRICT
1 period of the sample. The District may require samples
2 to be split for concurrent analysis.
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4 7.5.4. CHARGE FOR USE
5
6 The charge for use for Class II users shall be computed by the
7 following formula:
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9 Charge for use = VRv + BRb + SRS
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11 Where V = total volume of flow, in hundred cubic feet
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13 B = total discharge of biochemical oxygen demand, in
14 pounds
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16 S = total discharge of suspended.solids, in pounds
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18 Rv,Rb,Rs = unit charge rates for volume, BOD, and
19 suspended solids, respectively, adopted and.
20 adjusted as needed by the District Board of
21 Directors as shown in Exhibit B, Schedule of Rates
22 and Charges.
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24 Each unit rate shall be based on the amount attributable to the
25 respective component as a proportionate share of the total cost
26 for operations and maintenance, capital expenditures, debt
27 service, and reserve requirements for providing wastewater
28 collection, treatment, and disposal in dollars per unit. Other
29 measurements of the. organic content of the wastewater of a
30 discharger, such as COD or TOC may be used instead of BOD when BOD
31 is not applicable. However, the discharger must establish for the
32 District a relationship between the BOD of his wastewater and the
33 other measured parameter to convert the other parameter to an.
34 equivalent BOD. This relationship shall be used by the District.
35 in determining the charge for use. When wastewater from typical
36 domestic use facilities is discharged separately from the other
31 wastewaters of a discharger, the charge for use for discharging
38 the domestic wastewater may be determined by using the following:
39
39(1) 10,000 gallons per employee per year; and,
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42 (2) 20 pounds of suspended solids per employee per year;
43 and,
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45 ( 3 ) 20 pounds of BOD per . employee per year. (The number of
46 employees will be considered at the average of people
.47 employed full time on a daily basis. This may e
48 determined by averaging the number of people employed at
49 the beginning and ending of each quarter, or other period
50 that reflects normal employment . f luctuati.ons . )
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7.5.5. SPECIAL PURPOSE DISCHARGE PERMIT CHARGE FOR USE
A charge for use to cover all costs of the District for providing
sewerage service and monitoring shall be established by the
General Manager. A deposit determined by the General Manager to
be sufficient to pay the estimated charges for use shall accompany
the Special Purpose Discharge Permit application, and said deposit
shall be applied to the charges for use.
7.5.6. MASS EMISSION RATES - RATE DETERMINATION
Maximum mass emission rates for non -compatible or compatible
pollutants that are present or.anticipated in the user's
wastewater discharge shall be set for each user and made a part of
each user's permit. These rates shall be based on Federal
pretreatment standards and rates, or the rates contained in
Exhibit B. Schedule of Rates and Charges, to these Rules and
Regulations, as applied pursuant to Section 7.5.4, whichever is
more stringent.
7.5.7. CHARGES FOR NON-COMPLIANCE
Non-compliance with permit requirements, mass emission rate
limits, concentrations, and/or these Rules and Regulations may be
determined by an analysis of a grab or composite sample of the:
discharge of a permittee.
If routine sampling of the discharge of.a permittee reveals non-
compliance by the permittee with the mass emission rates or other
conditions and limitations specified in the permittee's discharge
permit, or with any provisions of these Rules and Regulations,
then the permittee shall pay fees to the District as specified in.
Exhibit B, Schedule of Rates and Charges. The purpose of the -non-
compliance fees is to compensate the District for additional costs
of sampling, monitoring, laboratory analysis, treatment, disposal;
and administrative processing incurred as a result of the non-
compliance, and shall be in addition to and not in lieu of any
penalties as may be assessed pursuant to Sections 7.6.2, 7.6.3,
and 7.6.4, and charges under Section 7.5.8.
Upon discovery of non-compliance with any pretreatment standard
.-and- requirement, the District shall be authorized to immediately
proceed with enforcement action against the industrial user as
outlined in Section 7.6. The user's status shall remain in
violation until all necessary steps have been taken to restore or.
achieve compliance.
7.5.8. DAMAGE TO FACILITIES* OR INTERRUPTION OF NORMAL
OPERATIONS
Hearing Draft "
IRVINE RANCH LATER DISTRICT
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2 When a discharge of wastes causes an obstruction, interference,
3 damage, or any other impairment to District's operation or
4 facilities the District may assess a charge to the discharger for
5 the work required to clean or repair the facility or costs
6 incurred to resume normal operations and such discharge shall be
7 grounds for permit revocation. A service fee of 25 percent of
8 District's costs shall be added to thesecharges and shall be
9 payable within forty five (45) days of invoicing by the District.
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11 If it can be shown that the discharge is the cause of the District
12 violating its discharge requirements established by any Regulatory
13 Agency or incurring additional expenses or suffering losses or
14 damage to the sewerage facilities,- thenthat discharger shall be
15 responsible for any costs or expenses incurred by the District,
16 including regulatory fines, penalties, and assessments. made by
17 other agencies or a court.
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19 7.6, ENFORCEMENT
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21 7.6.1. DUTY OF ENFORCEMENT
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23 (1) The General Manager is hereby charged with the duty of
24 enforcing this Section. The provisions of this Section
25 shall be applicable to any discharge and any building,
26 structure or property temporarily or permanently
27 connected to the District's sewerage facilities, whether
2'8 the same is owned operated or controlled by a private
29 party or by a public agency, other than the District, or
30 quasi public agency, corporation or association.
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3� The District shall .have legal authority to obtain
33 remedies for non-compliance by industrial users with any
34 pretreatment standard and requirement, including the
35 authority to seek injunctive relief. The District shall
36 have authority and procedures (after informal -notice to
37 the discharger) to immediately and effectively halt or
38 prevent any discharge of pollutants which may constitute
39. an imminent endangerment to the health or welfare .of
40 persons or to the environment, or cause interference with
41 the operation of any.treatment.plant.
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43 (2) In addition to such other penalties as may be prescribed
44 for a violation of these Rules and Regulations, whenever
45 the General Manager finds that a discharge of waste has
46 been taking place in violation of any prohibitions or
47 limitations prescribed herein or pretreatment standards
48 promulgated in accordance herewith, he may require the
49 user to submit for his :approval best management practice
50 plans (BMPs) wherever necessary . to implement. the
Hearing Draft 7- 33
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District's pretreatment program (e.g. plans ensuring
industrial users -conduct necessary routine maintenance,
cleaning operations, chemical storage practices,
segregation of- wastes for reclamation, reduction of
contaminated runoff, etc.). Any failure to comply. with
such BMPs shall likewise be deemed a violation of this
article.
7.6.2. ENFORCEMENT REMEDIES
The District may, at its discretion, utilize any one, combination,
or all enforcement remedies provided in Section 7.6 in response to
any violation of a permit or these Rules and Regulations.
7.6.2.1. PROBATION ORDER
In the event that it is determined that a user has discharged in
violation of any provision of*these Rules and Regulations, or the
terms, -conditions and limitations of its discharge permit, or has
not made payment of all amounts owed to the District. for user
charges, non-compliance fees, or any other fees, the General
Manager may issue a Probation Order, whereby the user must comply
with all directives, conditions, and requirements therein within
the time prescribed.
The Probation Order may contain terms and conditions including,
but not limited to, installation. of pretreatment equipment and
facilities, submittal of drawings or technical reports, payment of
fees, limits on rate and time of discharge, or other provisions to
ensure compliance with these Rules and Regulations.
If at any time while a Probation Order is in effect, a user
discharges wastewater to the District's sewerage facilities which
is not in compliance with the Probation Order, the terms,
conditions or the limitations specified 'in the user's -discharge
permit, or,with any provision of these -Rules and Regulations, then
the user shall pay fees to the District as specified in Exhibit -B,
Schedule of Rates and Charges, and the user may be assessed all
other costs incurred. during the sampling, including labor,
equipment, materials, and overhead. The user may also be subject
to permit suspension pursuant to -,,.Section 7.6.2.4 of these Rules
and Regulations.
A Probation Order issued by the General Manager shall be in effect
for a period not to exceed ninety (90) days. Upon satisfactory
compliance with the terms of the -Probation Order and expiration
thereof, any fees to be assessed due to subsequent non-compliance
by user shall be in accordance with these Rules and Regulations,
re-established at the rate set forth in Exhibit B, Schedule of
Hearing Draft s4
IRVINE RANCY ATER DISTRICT
1 Rates and Charges. All enforcement actions thereafter shall be
2 based on applicable provisions of these Rules and Regulations.
3
4 7.6.2.2. ENFORCEMENT COMPLIANCE SCHEDULE AGREEMENT (ECSA)
5
6 Upon determination that a permittee is in non-compliance with the
7 terms, conditions or limitations specified in its permit or any
8 provision of these Rules and Regulations, and. needs to construct
9 and/or acquire and install equipment related to pretreatment, the
10 General Manager may require the permittee to enter into -an ECSA,
11 which will upon the. effective date of the ECSA, amend the
12 permittee's� permit. The ECSA shall contain the terms and
13 conditions by which a permittee must operate during its term and
14 shall provide specific dates for achieving compliance with each
15 term and condition for construction, acquisition, and installation
16 of required equipment related to pretreatment.
17
18 An ECSA shall have a maximum term of one hundred -eighty (180)
19 days, and upon showing of. good cause, including but not it
b
20 reasonable progress under the terms of the ECSA, i.t may e
21 extended by the General Manager for. -an additional period not to
22 exceed one hundred -eighty (180) days. No further extensions shall
23 be granted except on approval of the Board of Directors.
24
25 The ECSA may contain terms and conditions including but not
26 limited to requirements for self-monitoring, installation of
27 pretreatment equipment and facilities, submittal of drawings or
28 reports, operator certification, audit of waste minimization
29 practices, payment of fees, limits on rate and time of discharge,
30 deposit of performance guarantee, or other provisions to ensure
31 compliance with these Rules and Regulations.
32
33 An ECSA shall not be approved by the District until such time as
34 all amounts owed to the District, including fees, charges for use,
35 Section 7.5.8 charges, non-compliance fees, deposits, or civil
36- penalties are paid in full, or an agreement for deferred payment
37 secured by acceptable collateral or a third party, is approved by
38 the District. Failure to pay allamounts owed to the District
39 shall be grounds for permit suspension or permit revocation as set
40 forth in Sections 7.6.2.4 and 7.6.2.5.
41
42 If, during the term of an ECSA, sampling reveals non-compliance by
43 the permittee with the terms, conditions or limitations specified
44 in the ECSA, the user's permit, or any.provision of these Rules
45 and Regulations, the permittee shall pay the fees as . specified in
46 Exhibit Bi Schedule of Rates and Charges, and may be assessed all
47 other costs incurred during the sampling, including labor,
48 equipment, materials, and overhead.
49
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If compliance is not achieved in accordance with the terms and
conditions of an ECSA during its term, the General Manager may
issue an order suspending or revoking the discharge permit
pursuant to Sections 7.6.2.4 and 7.6.2.5.
If following the expiration of an ECSA, sampling reveals non-
compliance by the permittee with •the terms, conditions or
limitations specified in the permit, or any provisions of these
Rules and Regulations, the permittee shall pay an amount based on
the .fees set forth in Exhibit B, Schedule of Rates and Charges,
for each violation.
If the permittee remains in consistent compliance for a two-year
period following ECSA expiration, then the fees shall. be re-
established in accordance with Exhibit B, Schedule of Rates and
Charges. All enforcement actions thereafter shall be based on
applicable provisions of these Rules and Regulations.
7.6.2.3. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)
If at any time subsequent to the issuance of a* wastewater
discharge permit to an industrial user, Federal Categorical
Pretreatment Standards are adopted or revised by the EPA, or in.
the event the District enacts revised discharge limitations, the
General Manager, upon determination that an industrial user would
not be in compliance with the future limitations., may require the
industrial user to enter into a RCSA with. the District under terms
and conditions that would provide for achieving compliance with
all new standards by the industrial user on a'specific date. The
RCSA shall have a maximum term of two hundred -seventy (270) days.
The** RCSA may contain terms and conditions including but, not
limited to requirements for installation of pretreatment equipment
and facilities, submittal of drawings" or reports, waste
minimization practices or other provisions- to ensure compliance
with these Rules and Regulations.
During the period said RCSA is in effect, any discharge by the
permittee in violation of the RCSA will require payment of non-
compliance fees as specified in -Exhibit B, . Schedule :of Rates and
Charges.
Upon RCSA expiration, and in the event of non-compliance by -the
permittee, non-compliance fees shall -be established in accordance
with Exhibit B, Schedule of Rates and Charges. All enforcement
actions thereafter. shall be based on applicable provisions of
these Rules and Regulations.
7.6.2.4. PERMIT SUSPENSION
Hearing Draft ' "'
IRVINE RANC kTER DISTRICT
1 The District may suspend any permit when a permittee:
2
3 (1) Fails to. comply with the terms and conditions of either
4 an ECSA or RCSA.
5
6 (2) Knowingly provides a false statement, representation,
7 record, report, or other document to the District.
8
9 (3) .Refuses to provide records, reports, plans, or other
10 documents required by the District to determine permit
11 terms conditions or limitations, discharge compliance,
12 or compliance with these Rules and Regulations.
13
14 (4) Falsifies, tampers with, or knowingly renders.inaccurate
15 any monitoring device or sample collection method.
16
17 (5) Fails to report significant changes in operations or
18 wastewater constituents and characteristics.
19
20 (6) Violates a Probation Order.
21
22 (7) Refuses reasonable access to the permittee's premises
23 for the purpose of .inspection and monitoring.
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25 (8j Does not make timely payment of all amounts owed to the
26 District for user charges, non-compliance fees,
27 penalties, deposits, or any other fees and charges.
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30 (10) Violates any condition *or limitation of its discharge
31 permit or any provision of the District's Rules and
32 Regulations.
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34 (11) Discharges effluent that causes pass through or
35 interference with the District's collection, treatment_,
36 or disposal facilities.
37
38 (12) Fails to submit* oral notice or written report of bypass
39 occurrence.
40
41 When the General Manager has reason to believe that grounds exist
42 for permit suspension, he shall give'written notice thereof by
43 certified mail to the permittee setting forth a statement of the
44 facts and grounds deemed to exist, together with the time and
45 place where the charges shall be heard by a Department Head. The
46 hearing date shall not be less than fifteen (15) calendar days nor
-47 more than forty-five (45) calendar days after the mailing. of such
48 notice..
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Hearing Draft 37
IRVINE RANC ATER DISTRICT
1 (1) At the suspension hearing, the permittee shall have an
2 opportunity to respond to the allegations set forth in
3 the notice by presenting written or oral evidence. The
4 hearing shall be conducted in accordance with procedures
5 established by the General .Manager and approved by the
6 District's General Counsel.
7 -
hearing, the Department Head
8 (2) After the conclusion of the
9 shall submit a written report to the General Manager
10 setting forth a brief statement of facts found to be
11 true, a determination of the issues presented,
12 conclusions, and a recommendation:
13
14 (3) Upon receipt of the written report, the General Manager
15 shall make his determination and should he find that
16 grounds exist for suspension of the permit, he shall
17 issue his decision and order in writing within thirty
18 (30) calendar days after the conclusion of the hearing by
19 the Department Head. The written decision and order of
20 the General Manager shall be sent by certified mail to
21 the permittee or its legal counsel or representative at
22 the permittee's business address.
23
24 Upon an order of suspension by the General Manager becoming final,
25 the permittee- shall have no right to discharge any industrial.
26 wastewater, directly or indirectly to the District's sewerage
27 facilities for the duration of the suspension. All costs for
28 physically terminating and reinstating service shall be paid by
29 the permittee. Any owner or responsible management -employee of
30 the permittee shall be bound by the order.of suspension. An order
31 of permit suspension issued by the General -Manager shall be deemed
32 final upon delivery to the permittee, unless. appealed to the Board
33 of Directors pursuant to Section 7.6.2.9.
34
35 7.6.2.5. PERMIT REVOCATION
36
37 The District may revoke any permit when it is determined that a
38 permittee:
39
.40 (1) Knowingly provides a -false statement, representation,
41 record, report, or other document to the District..•
42 -
43 (2) Refuses to provide records, reports, plans, or other
44 documents required by the District to determine permit
45 terms, conditions, or other limitations, 'discharge
46 compliance, or compliance with these Rules and
47 Regulations.
48
49 (3) Falsifies, tampers -with, or knowingly renders inaccurate
50 any monitoring device or sample collection method.-
Hearing Draft 7- 38
IRVINE RANC. kTER DISTRICT
1
2 (4) Fails to report significant changes in operations or
3 wastewater constituents and characteristics..
4
5 (5) Fails to comply with the terms and conditions of an
6 ECSA, permit suspension, or probation order.
7
8 (6) Discharges effluent to the District's sewerage
9 facilities while its permit is suspended.
10
11 (7) Refuses reasonable access to the permittee's premises
12 for the purpose of inspection and monitoring.
13
14 (8 ) Does not make timely payment of all amounts owed to the
15 District for user charges, non-compliance fees,
16 penalties, deposits, or.any other fees and charges.
17
18 (9) Discharges a batch dump to the District's sewerage
19 facilities.
20
21 (10) Discharges effluent that causes pass through or
22 interference with the District's collection, treatment,
23 or disposal facilities.
24
25 (11) Fails to submit oral notice or written report of bypass
26 occurrence.
.2827 -discharge
(12) Violates any condition or limitation of its
29 permit or any provision of the District's. Rules and
30 Regulations.
31
32 When the General Manager has reason to believe that grounds exist
33 for revocation of a permit, he shall give written notice by
34 certified mail thereof to the permittee setting forth a 'statement
35 of the facts and grounds deemed to exist .together with, -the time
36 and place where the charges shall be heard by a Department Head.
37 The hearing date shall. not be less than fifteen (15) calendar days
38 nor more than forty-five ( 4 5 ) calendar days after the mailing of
39' such notice.
40
41 1) At the hearing, -the permittee shall have an .opportunity
(
42 to respond to the allegations set forth in the notice by
43 presenting written or oral evidence. The revocation
44 hearing shall be conducted in accordance with the
45 procedures established by the General Manager, and
46 approved by the District's general counsel.
47
48 (2) After the conclusion of the -hearing, the Department Head
49 shall submit a written report to the General Manager
'50 setting forth a brief statement of* facts found to be
Hearing Draft 7 39
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true, a determination of the issues presented,
conclusions, and a recommendation.,
(3) Upon receipt of the written report, the General Manager
shall make his determination and should he find that
grounds exist for permanent revocation of the. permit, he
shall issue his decision and order in writing •within
thirty (30) calendar days after the conclusion of the
hearing by the Department Head. The written decision and
order of the General Manager shall be sent by certified
mail to the permittee or its- legal -counsel or
-representative at the permittee's business address.
In the event that the General. Manager determines to not revoke the
permit he may order other enforcement actions, including, but not
limited to, a temporary suspension of. the permit, under terms and
conditions that he deems appropriate.
Upon an order of revocation by the General Manager becoming final,
the permittee shall. permanently lose all rights to discharge any
industrial wastewater directly or indirectly to the District's
sewerage facilities. All- costs for physical termination shall - be
paid by the permittee. Any owner or responsible management
employee of the permittee shall be bound by the order of
revocation. An order of permit revocation issued by the General
Manager shall be deemed final upon delivery to the permittee,
unless appealed to the Board of Directors pursuant to Section
7.6.2.9.
Any future application for a permit at a location within the
District by any person subject to an order of revocation will be
considered by the District after fully reviewing the records of
the revoked permit, which records may be the basis for denial of a
new permit.
7.6.2.6. EMERGENCY SUSPENSION
The District may, by order of the General Manager without notice
or hearing, suspend sewerage service when such suspension is
necessary, in order to stop an actual or impending discharge which
presents or may present an imminent or substantial endangerment to
the health and welfare of persons, or to the environment, or may
cause interference with the District's sewerage facilities, or may
cause the violation of any State or Federal Law or Regulation. An
emergency suspension order is final and not appealable.
7.6.2.7. CIVIL PENALTIES
7.6.2.7.1. IMPOSITION BY COURT
Hearing Draft 7- 40
IRVINE RANC ITER DISTRICT
1 Any permittee, discharger or other person who violates any
2 provision of Section 7 of these Rules and Regulations, any permit
3 condition, prohibition or- effluent limitation, or any order,
4 compliance schedule, suspension or revocation - shall be civilly
5 'liable in a sum not to exceed twenty-five thousand dollars
6 ($25,000) a day for each violation. Pursuant to Sections 54739
7 and 54740 of the California Government Code,.the District, upon
8 order of the General Manager, shall petition the Superior Court to
9 impose, assess and recover such penalties or such other .penalties
10 as the District may impose, assess and recover under Federal or
11 State law.
12
13 7.6.2.7.2. IMPOSITION BY ADMINISTRATIVE PROCEDURE
14
15 Any permittee, discharger, or ..other person who violates any
16 provision of Section.7 of these Rules and Regulations, any permit
17 condition, prohibition or effluent limitation., or any order,
18 compliance schedule, suspension or revocation shall be civilly
19 liable in 'the following amounts, as. applicable, imposed by the
20 District pursuant to an administrative complaint: a sum not to
21 exceed two thousand dollars ($2,000) a day for failing or refusing
22 to furnish technical or monitoring reports, a sum not to exceed
23 three thousand dollars ($3,000) a day for failing or refusing to
24 comply with any compliance schedule, a sum not to exceed five
25 thousand dollars ($5,000) a day for each violation for discharges
26 in violation of any waste discharge limitation, permit condition
27 or other requirement issued, reissued or adopted by the District,
28 andd-a sum not to exceed ten dollars ($10) per gallon for any
29 discharge in violation of any suspension, cease and desist order
30 or other order, or prohibition issued, reissued or adopted by the
31 District.
32
33 The District may proceed under Section 7.6.2.7.2. by issuing an
34 administrative complaint to any person who violates any provision
35 of Section 7 of these Rules and Regulations, any permit condition;
36. prohibition or effluent limitation, or any order, compliance
37 schedule, suspension or revocation, alleging the act or failure to
38 act that constitutes the violation, the provisions of law
39 authorizing civil liability to be imposed and the proposed civil
40 penalty. The administrative complaint shall be served by personal
41 delivery or certified mail on such person and shall inform -the
42 person that a hearing shall be conducted, within 60 days following
43 service, before - the General Manager. The person may waive -the
44 right to a hearing, in which case it shall not be conducted.
45
46 (1) At the hearing, the person shall have an opportunity to
47 respond to the allegations set forth in the. administrative
48 complaint by presenting written or oral evidence. The hearing
49 shall be conducted in accordance with the. procedures established
Hearing Draft 7- 41
IRVINE RANC ATER DISTRICT
1 by the General Manager and approved. by the District's general
2 counsel.
3'
4 (2) After the conclusion of the hearing, the General Manager
5 shall make his determination and should he find that grounds exist
6 for imposition of a civil penalty,,he shall issue his decision and
7 order in writing within thirty (30) calendar days after the
8 conclusion of the hearing. If not appealed, the order shall be
9 final on the 31st day after it is served on the person.
10
it A person dissatisfied with the decision of the General Manager may
12 appeal to the Board of Directors within thirty (30) days of notice
13 of the General Manager's decision, in accordance with Section
14 7.6.2.9.
15
16 If after 'the hearing or appeal, if any, it is found that the
17 person has violated reporting' or discharge requirements, the
18 General Manager or Board of Directors may assess a civil .penalty
19 against that person.
20,
21 In the determination of the amount of the civil penalty, all
22 relevant circumstances may be taken into consideration, including,
23 but not limited to, the extent of harm caused by the violation,
24 the economic benefit derived through any non-compliance, the
25 nature and persistence of the violation, the length of time over
26 which the violation occurs and the corrective action, if any,
.27 attempted or taken by the person.
28
29 Payment of civil penalties shall be due within thirty (30) days of
30 the date the order assessing the penalties becomes final. The
31 amount of any civil penalties which have remained delinquent for a,
32 period of sixty (60) days from the date they are due shall:
33 constitutea lien against the real property of the discharger from
34 which the discharge resulting in the imposition of the. penalty
35 originated. IThe. lien shall - have . no force and effect until
36 recorded with the county recorder and when recorded shall have the
37 f orce and of f ect and priority of . a judgment lien and continue f or
38 ten (10) years and be renewable in accordance with law.
39-
40 Copies of the order shall be served by personal service or by
41 registered mail upon the party served with the administrative
42 complaint and upon other persons who appeared at the hearing and
43 requested a copy of the order.
44
45 Any party aggrieved by a final order issued by the Board of
46 Directors after granting review of the order of the General
47 Manager may obtain review of the order of the Board of Directors
48 in the superior court, by filing in the court a petition for writ
49 of mandate within thirty (30) days following the .service ,of a copy
50 of the decision and order issued by -the Board of Directors.
Hearing Draft 42
IRVINE RANC ?ITER DISTRICT
1
2 7.6.2.8 APPEALS TO THE GENERAL MANAGER
3
4 Any user, permit applicant, or permittee affected by any decision,
5 action or determination made a Department Head may file a written
6 request for an appeal hearing. The request must be made within
7 fifteen (15) days of mailing of the decision. The request for a
8 hearing shall set forth in detail all facts supporting the
9 appellant's request.
10
11 The General Manager shall, within fifteen (15) days.of receiving
12 the request for appeal, provide written notice to the user of the
13 hearing date, time, and place.. The hearing date shall not be more
14 than thirty (30) days from the mailing of such notice by certified
15 mail to the appellant unless a later date is agreed to by the
16 appellant. If the hearing is not held within said time due to
17 actions or inactions of the appellant, then the original decision
18 shall be deemed final.
19
20 At the hearing, the appellant shall have. the opportunity to.
21 present information supporting its position.concerning the staff's
22 decision, action, or determination. Thehearing shall be
23 conducted in accordance with procedures established by the General
24 Manager,and approved by the District's general counsel.
25
26 After the conclusion of the hearing, the General Manager shall
27 prepare a written report setting forth a brief statement of facts
28 found to be true, a determination of the issues presented, and
29 conclusions. The General Manager shall make his determination
30 whether to uphold, modify, or reverse the decision, action, or
31 determination of the Department Head and shall issue his decision
32 and,. order within thirty (30) calendar days of the hearing. The
33 written decision and order of the General Manager shall be sent by
34 certified mail to the appellant or its legal counsel or
35 representative at the appellant's business address.
36
37 The order of the General Manager shall be final in all respects
38 fifteen (15) days after it. is mailed to the appellant unless a
39 request for hearing is filed with the Board of Directors pursuant
40 to Section 7.6.2.9.
41
42 7.6.2.9. APPEALS TO THE BOARD OF DIRECTORS
43
44 If the General Manager's order .is adverse to the user, permit
45 applicant, or permittee, it may prior to the date that the General
46 Manager's order becomes final, file -a written request for a
.47 hearing by the Board of Directors accompanied by an appeal fee in
48 an amount shown in Exhibit B, Schedule of Rates and Charges. The
49 request for hearing shall set forth in.detail all the issues in
Hearing Draft 77 43
IRVINE RAMC 'ATER DISTRICT
1 dispute for which the appellant seeks determination and all facts
2 supporting appellant's request.
3
4 No later than sixty (60) days after receipt of the request for
5 hearing, the Board of Directors shall either set the matter for -
6 hearing, or deny the request for hearing.
7
8 The Board of Directors shall grant all requests for a hearing on
9 appeals concerning administrative civil penalties (Section
10 7.6.2.7.2), permit suspension or revocation. Whether to grant or
11 deny the request for a hearing on appeals of other final decisions
12 of the General Manager shall be at the -sole discretion of the
13 Board of Directors, except as provided in Section 7.6.2.9.1.
14
15 The appeal fee shall be refunded if the Board of Directors denies
16 a hearing or reverses or modifies the order of the General
17 Manager. The fee is not refunded if the Board of Directors denies
18 the appeal.
19
20 A hearing shall be held by the Board -of Directors within sixty
21 (60) days from the date of determinationgranting a hearing,
22 unless a later date is agreed to by the permittee and the Board of
23 Directors. If.the matter is not heard within the required time,
24 due to actions or inactions of the appellant, the- General
25 Manager's order shall be deemed final.
26
27 The Board Secretary shall within fifteen (15) days of the Board of
-28 Directors determination, provide written notice to the appellant
29 by certified mail of the hearing date, time, and place, or the
30 denial. If the hearing is denied, the General Manager's decision
31 shall be final fifteen (15) days after the date such notice is
32 -mailed.
33
34 At the hearing, the appellant shall have the opportunity to
35 present written or oral evidence supporting its _.position
36 concerning the original decision, action, or determination, in
37 accordance with adopted Rules of Procedure of the Board of
38 Directors.
39 After the hearing, the Board of Directors shall . make a
40 determination whether to uphold,, modify, or reverse the original
41 decision, action, or determination as ordered by the General
42 Manager.
43
44 The decision of the Board of Directors shall be set forth in
45 writing within sixty-five (65) days after the close of the hearing
46 and shall contain a finding of the facts found to be true, the
47 determination of issues presented, and the conclusions. The
48 written decision and order of the Board of Directors shall be sent
49 by certified mail to the appellant or its legal counsel or
50 representative at the appellant's business address.
Hearing Draft 7- 44
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The order of the Board of Directors shall be final upon its
adoption. In the event the Board -of Directors fails to reverse or
modify the General Manager's order, it shall be deemed affirmed.
7.6.2.9.1. APPEAL OF CHARGES AND FEES
Any user, permit applicant, or permittee affected by any decision,
action, or determination by the District staff, relating to the
imposition and collection of fees, such as connection charges,
.sewer use charges, and special purpose discharge use charges, but
excluding non-compliance fees, may file an appeal which shall be
heard by the Board of Directors. of .the District.
All appeals under this Section shall be conducted by the Board of
Directors in the same manner and under the same rules as appeals
set forth in Section 7.6.2.9.
7.6.3. COSTS
In addition to the penalties provided herein, the District may
recover reasonable attorney's fees, court costs, court reporters'
fees and other expenses of litigation by appropriate suit at law
against the person found to have violated these Rules and
Regulations, orders of the Board or conditions of permits issued
hereunder.
7.6.4. OTHER PENALTIES
Any violation of these Rules and Regulations which is also a
violation of federal or state laws or regulations is, in addition
to any enforcement penalties and- proceedings contained in the
Rules and Regulations, subject to enforcement penalties and
proceedings applicable under such federal or state laws or
regulations.
7.7. ` FALSIFYING INFORMATION
Any person who knowingly makes any false statement,
representation, record, report, plan or other document filed with
the District or who falsifies, tampers with, or knowingly. renders
inaccurate any monitoring device or method required under this
regulation, shall violate these Rules and Regulations.
7.8. PUBLISHED NOTICE OF NON-COMPLIANCE
The names of industries in significant non-compliance with federal
pretreatment standards shall -be annually published by the
District, in accordance with EPA requirements specified in 40 CFR
Hearing Draft 7- 45
IRVINE RANC" TATER DISTRICT
1 403.8(f)(2)(vii), in the largest daily newspaper published in the
2 District service area.
3
4 7.9. WAIVER OF PROVISIONS
5 -
6 Waivers of federal categorical pretreatment standards and thus the
7 provisions of these Rules and regulations are prohibited under any
8 circumstances other than those authorized under Section 403,
9 General Pretreatment Regulations, of the Clean Water Act.
10
11 7.10. CONFLICT
12
13 In the event that any portion of this Section pertaining to
14 industrial waste discharge is inconsistent or in conflict with any
15 other provisions of the District's Rules and Regulations as to
16 such. discharge, the provisions of this Section shall take
17 precedence.
Hearing Draft 7- 46