HomeMy WebLinkAbout1992-04-07; City Council; 11617; APPROVAL OF REVISED FLOW METERING POLICY AND OPERATIONS AND MAINTENANCE AGREEMENT FOR THE FLOW METERS WITHIN THE EINCINA SERVICE BASIN.-*
Adopt Resolution No.
ITEM DISCUSSION:
On January 22, 1992, the Encina Wastewater Authority (EWA) Board of
approved revisions to the Authority's Flow Metering Policy. The purpose of Enc
Metering Policy is to ensure that accurate flow measurements are obtained ii
support revenue program needs and also to provide data to confirm various
compliances. ADS flow meters were installed in 1989 covering the entire Encii
The revised Flow Metering Policy and the Operations and Maintenance 1
include the following changes:
The agency name change has been updated to reflect the recent nar
from Encina Administrative Agency (EAA) to EWA.
Adjusting the frequency of meter calibrations at the Buena Pump St
quarterly to annually. All other meter locations will continue to be
quarterly consistent with current policies.
Specific wording has been revised to eliminate the need to approve 01
adopted Flow Metering Policy and Operation and Maintenance Agree
execution of yearly contracts with ADS for meter servicing.
Staff is therefore recommending that the City Council approve the revised E
Metering Policy and Operation and Maintenance Agreement.
FISCAL IMPACT:
Flow Metering Policy dated January 22, 1992
Encina Centralized Flow Metering Program Operation and Maintenance 2.
3. RP~oLiciZ* ,lo 92- 8g
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-< FLOW METERING POLICY
Ref
Approved by EWA: January 2
PURPOSE: To establish guidelines for the metering and repo: wastewater flows from each member agency to thc Water Pollution Control Facility (EWPCF) and the Ocean Outfall.
BACKGROUND: The Revised Basic Agreement requires the Operator/Administrator (Encina Wastewater Autho: EWA) to take or cause to be taken flow measure1 deterkine the amount of wastewater discharged
Joint System by each member agency.
Flow measurements are used for:
1. Allocating operating and maintenance costs
2. Monitoring capacity,
3. Planning information, and
4. Meeting NPDES reporting requirements.
In 1983, a Flow Metering Policy was established subsequently amended. The policy was bas€ decentralized approach to flow measurement and re
In 1989, an enhanced centralized flow measuremer was installed. 'The purpose of the enhanced systc
improve flow measurement and data collection means including telemetry, computer storage, a redundancy. Authorization to implement the SYE from separate agreements between the EWA (forrr Encina Administrative Agency, or EAA) and eac
agency. The agreements established the specif and conditions required of the EWA and member agc operate and maintain the metering system.
This Flow Metering Policy reflects the cer approach and the individual agreements.
POLICY: 1. Centralized Flow Meterins System. Flows from ea1 agency to the EWPCF and the Encina Ocean Outfall based on the values derived from a centralized bi flow metering system.
Specific terms and conditions associated wit operation and maintenance shall be as defined in agreements(s) between the EWA and its member a'
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2. Meter Calibrations. The EWPCF effluent meters parallel measuring secondary effluent) sh calibrated on a regular basis. It is possible to
the entire secondary effluent flow using one me1 time, thereby allowing comparison of one meter other; this procedure shall be conducted a
quarterly. Each secondary meter shall be remc bench calibrated annually, staggered at si:
intervals. Following bench testing, each sc
effluent meter shall also be field ca
fluorometrically by EWA staff. The primary 1 meter shall be calibrated annually if in use.
Field calibrations of the centralized flow . equipment shall be conducted quarterly, except Batiquitos and Buena Pump Stations, where they performed annually.
In locations were centralized flow metering e interfaces with member agency maintained met€ member agency's meter(s) shall be calibrated ann
a qualified service technician. This calibrati be done between June 1 and August 1 of eac Written certification of the annual calibration provided to the EWA by August 31 of each year 0 prepared by EWA staff.
3. Monthlv Flow Reports. The member agency, EWI
Encina Ocean Outfall flows shall be reported mo
the EWA Board of Directors based on the centrali metering system. Also reported shall be the E plant meter readings as required.
4. Estimated Flow Values. In the event a meter i:
service for more than three days in any calend
and estimated values are substituted for the
data, the flow report shall indicate that thi presented are estimated.
5. Total EWPCF Influent and Effluent Flows. It is un that the total EWPCF influent and efflue quantities shall be based on the flows deri. subtracting in-plant flows (as appropriate) EWPCF effluent meter readings.
EWPCF influent flows based on the addition of qL from various influent flow meters shall also be F in the monthly flow report in order to prc indication of system balance and accuracy.
EWA's Financial Plan and Revenue Program shall on influent flow data for each member agency, a6
from the centralized flow metering system.
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6. EDU Reports. Member agencies shall provide informe connected and committed EDUs. Information sf.
submitted monthly on a form prepared by EWA staf information shall be submitted by the 10th of eacf. Flow per EDU by member agency and by EWA servi
shall be reported monthly to the EWA Board of Di based on the centralized flow metering system. Tc service area EDUs also shall be reported monthly EWA Board of Directors.
7. Revenue SamrJlinq Proqram. EWA staff shall
Financial Plan and Revenue Program samplinc quarterly basis. Each agency's mass emissions I calculated based on measured biochemical oxyger!
(BOD) and total suspended solids (TSS) values and reported flows.
Within sixty days following the completion quarterly sampling, EWA staff shall provide z results to the Technical Advisory Committee Results shall be provided on a form prepared by El and approved by TAC.
8. Member Aaency Samplina Proaram. Each member operating a reclamation plant shall test th effluent at least weekly for carbonaceous BOD and
shall provide the results of such testing to El within thirty days.
9. Annual Review of Policy. This policy is to be : annually by EWA staff and presented to the EWA 1 Directors with recommendations for modifica. appropriate.
0 ENCINA WASTEWATER AUTHORIT]
A Pubiic Agencv 6200 Avenld
Carlsbad. Ck
January 9, 1992 Telephone ((
Fax (61 9) 43
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To: Encina Wastewater Authority (EWA) Directors
Subject: Flow Metering
The purpose of Encina's Flow Metering Policy (Policy) is tc that accurate flow measurements are obtained for revenue needs and regulatory compliance. The Policy is reviewed s and recommendations for revision are made to EWA.
In 1989, Encina implemented a centralized (ADS) flow T system. The Flow Metering Policy was updated to ref1 centralized program and individual agreements were eXeCUt the member agencies for operation and maintenance of the AD
Certain changes are needed in both the Policy and the membe agreements. Therefore, it is:
RECOMMENDED
That EMA
1. Approve the-attached revised Flow Metering Policy, a
2. Execute the enclosed revised flow metering O&M agree
DISCUSSION
The revised Policy includes two proposed changes. Fi agency name has been updated to reflect the recent name ch: Encina Administrative Agency (EAA) to EWA.
Second, Section 2 on meter calibrations has been revised ti the fact that ADS field calibrations are required annuall'
than quarterly) at the Buena Pump Station, where the Potel Causing Upset to the Shadowridge treatment plant as a resu calibration process is sufficient to warrant calibrat lesser frequency. Annual calibration at the Batiqui Station was approved last year because of the risk of Spi
to draw and fill calibrations was sufficient to war1 frequent calibration. All other ADS sites require calibration.
hERVINC THE CITY OF VISTA. CITY OF CARLSBAD BUENA SANITATION DISTRICT VALLECtToS WATER '
LEUCADIA COUNTY WATER DISTRICT AND ENClNlTAS SANITARY DtSTR1CT
0 liiiLLim wasLewarer Aur;norir;y \ cwwl uirecLors
Subject: Flow *ring
January 9, 1992
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Changes in the member agency flow metering O&M agreements ha7 made to reflect the name change from EAA to EWA. In adc
Section 4 on compensation has been modified to delete the
annual flow metering (ADS) contract cost and the met1
adjusting the contract cost; language indicating that thE
Will be included in the EWA budget and billed aCC0rdinq retained. This change will allow us to use the same member
agreements from year to year, without having to amend them
to reflect annual budget changes.
Finally, Section 5 on services provided has been expar
describe the actual services provided and omit the need to
a current flow metering (ADS) service agreement. This chan
Will allow us to use the same member agency agreements from
year, without having to amend them whenever a new flow II
service contract is executed.
Assuming EWA takes positive action on the above recommenc the executed member agency otM agreements will be f orwardec
respective member agencies for consideration.
It should be noted that it is staff's intent to review thf flow metering and revenue sampling program during FY 1992,
to ongoing member agency concerns about the validity
program. Toward that end, a draft goal and budget
presented to EWA's Budget Advisory Conunittee during thf
budget process. my recommendations arising from the
review will be brought to EWA for consideration as part of Flow Metering Policy update.
FTSCAL IMPACT
None.
TECHNICAL ADVISORY COMMITTEE (TAC) POSITION
These recommendations were - reviewed during the Januar
meeting and received unanimous approval.
Very truly yours, -c General ager
ELM:RWG:
Attachment
Enclosure
Mr. Frank Lewandowski, Laboratory Manager
ENCINA WASTEWwi ER AUTHORITY
W.,8,*.8.", UII,.ml., 6) 6200 Avenida Encinas. Carlsbad. CA 92009-0171 . Telephone (619) 438-3941 * Fax (619) 431
'rrvrnn North
in Uieno Counrv
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ENCINA CENTRALIZED FLOW METERING PROGRAM OPERATION AND MAINTENANCE AGREEMENT
Ref: 250
This agreement is made and entered into on , 1992 by between City of Carlsbad (hereinafter llAGENCYtl) and the En Wastewater Authority (hereinafter llEWA1l) .
RECITALS
AGENCY is a party to the Encina Revised Basic Agreement ( entered into on December 17, 1990 for the acquisit construction, ownership, operation, and maintenance of Encina Joint System.
In connection with the operation of the Encina Joint Sys a centralized flow metering system was installed to mon
the flows to the Encina Water Pollution Control Facility ( I) and through the Encina Ocean Outfall (Unit J).
Certain components of the centralized flow metering systen
required specifically for metering flows from the AGENCY are owned exclusively by the AGENCY. Other components of
system are either exclusively owned by other member ager or are proportionately owned by each member agency base Unit J ownership as described in the RBA.
Certain components of the centralized flow metering systei located outside the physical boundaries of the Encina F Pollution Control Facility and are within the service art the AGENCY.
E. The EWA was created to administer, manage, operate, maintain the Encina Joint System.
F. The AGENCY desires the EWA to operate and maintain components of the centralized flow metering system whicl exclusively owned by the AGENCY and located either withii boundaries of the Encina Water Pollution Control Fac:
and/or within the AGENCY'S service area.
The EWA has the ability to perform the desired services (
subcontract with outside firms as required to perforn desired services.
NOW THEREFORE, in consideration of the mutual covenant: conditions herein contained, the parties hereto agree as fol
1. Authorization to Operate and Maintain Meters. AGENCY hi authorizes the EWA to operate and maintain the flow meti equipment described herein and as per the terms and condi. of this agreement.
A.
B.
C.
D.
G.
Page Two 0 Ref: 250
2. Eauipment. The equipment to be operated and maintained bi EWA shall be the centralized flow metering equipment purch for the purposes of monitoring flows to Units I and J as the contract between EWA and ADS dated January 26, 1989 ar described as follows:
Site No. Location
c1 Flume at the EWPCF c2 South of the EWPCF
c3 North of the EWPCF
3. Term of Aareement. This agreement shall begin upon appr of both the EWA and the AGENCY and shall remain in force L termination by either EWA or AGENCY per item 19 IITerminatj
4. Compensation. The cost to provide the required operatioi maintenance of the flow metering equipment described he shall be included in the EWA budget and shall be bill€ AGENCY in accordance with the RBA.
5. Services Provided. The services provided shall in( diagnostics, repair, and routine calibration/confirmal The services shall be performed by the EWA or by a qual. firm subcontracted by the EWA at the discretion of the 1
Data Access. The computer station located at the Encina 1 Pollution Control Facility shall be designated the mi station. The EWA and its subcontractors shall be authoi to collect data from AGENCY owned flow metering equipmen to provide reports per the Encina Flow Metering Policy.
Member agencies with the necessary hardware and software I
be allowed to access stored flow data from AGENCY
metering equipment.
7. Access to Field Mounted Eauipment. AGENCY shall authoriz EWA and its subcontractors to access flow monitoring equi located within the service area of the AGENCY. The EWA
be issued keys or lock combinations where applicable. shall contact AGENCY prior to access to service areas. A
shall authorize EWA and/or its subcontractors to acces, site alone, or shall require AGENCY staff to be present
to access, per AGENCY discretion. Should AGENCY staff presence be required, AGENCY shall provide access with minutes. AGENCY shall not be responsible for the s conditions associated with work performed by the EWA o subcontractors. The EWA and its subcontractors sha:
required to comply with all federal, state, and local s requirements including CALOSHA requirements for con spaces. EWA shall submit its subcontractors safety proce
manual for AGENCY review. Review of procedures shall way diminish EWA or its subcontractors responsibilities. EWA shall coordinate the efforts between EWA, its subcon tors, and AGENCY personnel as required.
6.
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8. Replacement Eauipment. If replacement of equipment tc serviced per this agreement is required, the AGENCY shall so advised and shall review and authorize the recommei replacement. The total cost for replacement of equip] directly associated with monitoring AGENCY flow shall be ] by the AGENCY.
9. Restrictions Reaardina ADS Eauipment. AGENCY personnel SI not attempt to service the equipment to be serviced by the per this agreement in any manner. metering equipment described herein shall be dedicated 1 and shall not be tampered with or used by AGENCY for any o purpose.
10. Maintenance of Member Asency Eauipment. In order to pro
complete flow reporting capabilities, the EWA shall be ass that in locations where equipment to be serviced by the interfaces with AGENCY flow metering equipment:
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The phone lines to the
The equipment shall be properly maintained.
The EWA shall be made aware of any anticipated modif tions or calibration of AGENCY equipment at leas calendar days prior to commencing work.
0 Should modifications to AGENCY equipment inhibit operation of the equipment serviced by the EWA, AGENCY shall take all necessary actions requirec establish a new metering location.
0 The AGENCY shall be responsible for coordinating efforts of its equipment manufacturers as require mitigate problems linked to the manufactures equipn
Should AGENCY flow metering equipment, other than the ec
ment serviced under this agreement, be out of service lc
than 30 continuous calendar days, AGENCY shall submit tc EWA Board of Directors a written evaluation of the met6 problem and an anticipated schedule and remedy plan.
If EWA or its subcontractor must recalibrate its equipmei a result of any modifications to member agency equipmer
AGENCY, the AGENCY shall pay for such recalibration(s).
such cases, EWA shall issue purchase orders authorizinc
subcontractor to perform the recalibration(s) and shall AGENCY the recalibration cost(s).
11. Insurance. EWA shall require its subcontractors to carr following insurance as a minimum:
Worker's Compensation Insurance: Statutory amounts of Wor: Compensation and Employer's Liability Insurance on all employees subject to statutory limits of the appli Worker's Compensation Act.
Page Four 0 * Ref: 250
Comprehensive Automobile Liability Insurance: Comprehen Automobile Liability Policy providing bodily injury liabi on an occurrence basis and property damage liability 0' accident basis. This policy shall protect subcontra
against all liability arising out of the use of ownec leased automobiles, both passenger and commercial. Limit
liability for Comprehensive Automobile Liability Insur shall not be less than Five Hundred Thousand Dol
($500,000) combined Single Limit.
Commehensive General Liability Insurance: Comprehen
General Liability Policy providing bodily injury coveraq an occurrence basis and including completed operati
independent contractors, and contractual liability cover Limits of liability for Comprehensive General Liabj insurance shall be $500,000 bodily completed operati Property damage liability shall not be less than $250,000 accident and $500,000 annual aggregate.
All policies must provide thirty (30) days advance notic EWA in the event of cancellations, expiration, or alterat EWA shall notify AGENCY within 24 hours of notificatic cancellations.
12. Hold Harmless. EWA shall indemnify and hold AGENCY han
from any claims, losses, liabilities, or other damages dl services performed as described herein, whether by act, el or omission. AGENCY shall likewise indemnify and holc
harmless from any claims, losses, liabilities or other dai for AGENCY'S inability to meet the conditions of this Ac ment .
13. Nonassianment. Neither this agreement nor the ric obligations and duties of either party may be assic
hypothecated, encumbered or transferred without the ]
written approval of the other party.
14. Bindins Nature. This Agreement and its terms, covenant conditions shall apply to, inure to the benefit of, and the successors and assigns of the parties hereto.
15. Entire Aareement. This Agreement represents the e agreement between the parties, superseding and replacin prior negotiations, discussions or agreements of the pa relation to the subject matter hereof.
agreement in writing signed by both parties.
17. Attorney's Fees. In the event of litigation to interpr enforce the terms of this Agreement, the prevailing shall be entitled to recover its reasonable attorney's fc
addition to costs.
18. Written Notice. Any notice or other instrument requir this agreement shall be deemed delivered if depos certified mail, in the United states mail and address follows:
16. Amendment. This Agreement may be amended at any time
Page Five 0 * Ref: 250
"2 11 EWAII
Encina Wastewater Authority
6200 Avenida Encinas
Carlsbad, CA 92009
City of Carlsbad
1200 Elm Ave
Carlsbad, CA 92008
"AGENCY *I
Notice of a change of address shall be delivered in the
manner as any other notice provided by this paragraph,
shall not be deemed effective until received by the c
party to this agreement.
19. Termination. This agreement may be terminated in whole c
part by either the EWA or AGENCY by submitting written nc
not less than 90 calendar days prior to termination. Nc
shall be delivered by certified mail, return receipt
quested.
If Agreement is terminated in whole or in part, an adjusl in compensation shall be negotiated between AGENCY and 1
20. Governina Law. This AGREEMENT is to be governed by construed in accordance with the laws of the State of Cal:
nia.
IN WITNESS WHEREOF, duly authorized representatives 01
parties have signed in confirmation of this AGREEMENT as of th
and year first above written.
ENCINA WASTEWATER AUTHORITY AGENCY
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L .r> By: Chairman // /
Approved as to form -/-
EW-A Gunsel
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RESOLUTION NO. 92-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD ADOPTING A REVISED FLOW METERING POLICY
AND OPERATION AND MAINTENANCE AGREEMENT FORTHE
FLOW METERS WITHIN THE ENCINA SERVICE BASK
WHEREAS, the City of Carlsbad is a member agency of the Encina v\
Authority; and
WHEREAS, The Revised Basic Agreement requires the Encina Wastewate
to take or cause to be taken flow measurements to determine the amount of v
discharged into the Joint Sewer System by each member agency; and
WHEREAS, a Flow Meter Policy was adopted by the Encina Board of Direct
and .
WHEREAS, in 1989 an enhanced centralized flow measurement system wi
which allowed for improved flow measurements and data collection throughout
Encina service basin; and
WHEREAS, from time to time it is necessary to adjust the guidelines c
Metering Policy and Operation and Maintenance Agreement consistent with cu
Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City oi
California as follows:
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1. The above recitations and true and correct
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2. That the City Council approved the Revised Encina Flow Metering I
Operation and Maintenance Agreement for the Centralized Flow Metering System
Encina service basin.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C
held on the 7th day of April, 1992 by the following vote, to wit:
AYES:
NOES: None
ABSENT: Council Me
Council Members Lewis, Kulchin, Larson and Nygaa;
AlTEST:
ALETHA L. RAUTENKRANZ, City Clerk\
(SEAL)
March 18, 1992
TO: CITY CLERK
FROM: Steven Jantz, Associate Engineer
Attached is a Revised Pretreatment Ordinance which was recently approved bl
Encina Wastewater Authority. On August 21, 1990 the City Council adopted Resol
No. 90-338 approving Encina’s Pretreatment Regulations and Procedures by refen
This document is being forwarded to you to be kept on file.
A letter to the Council notifying them of the change is also included.
Associate Engineer
SCJ:scj
March 16, 1992
TO: CITY COUNCIL
FROM:
VIA: City Manager
Uoyd Hubbs - City Engineer
On August 21, 1990 the City Council adopted Resolution No. 90-338 appro\
Pretreatment Regulations and Procedures for Industrial Users of the Encina W
Pollution Control Facility and also introduced Ordinance No. NS-129 amending Titk
of the Municipal Code. Within Resolution No. 90-338, the Council adopted
Pretreatment Regulations and Procedures adopted by the Encina Administrative Age
by reference.
On January 22, 1992 the Encina Wastewater Authorii Board of Directors adopted
Revised Encina Pretreatment Ordinance. The Ordinace became effective one day i
the second publication of the public notice anouncing the amendments, which 1
January 29, 1992.
rdinace is currently on file in the City Clerks Office.
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I PRETREATMENT ORDINANCE
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ENCINA WASTEWATER AUTHORITY
6200 AVENIDA ENCINAS
CARLSBAD, CALIFORNIA 92009
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REVISED FEBRUARY 1992
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PRETREATMENT ORDINANCE
for
6200 Avenida Encinas
ENCIn WASTEWATER AUTHORITY 1 Carlsbad, California 92009
NPDES Permit No. CA0107395
1 Revised February 4, 1992
I Prepared by:
Chris smith Environmental Specialist
(619) 438-3941
TABLE OF CONTENTS
Ref: 7284
SECTION PAGE
INTRODUCTION AMD SUMMARY . 5
SECTION 1 GENERAL PROVISIONS . . . . . . . 7
1.1 PURPOSE AND POLICY . . . . . e . . - . . . . . . 7
1.2 DEFINITIONS . . . . . . . . e . . . . . . . . . . 8
1.3 ABBREVIATIONS . . . . . . . . . . . . . . . . . . . 17
1.4 AUTHORITY.. . . . . . . . o.. . . . . . . . . . 19
1.5 DELEGATION OF AUTHORITY . . . . . . . . . . . . . . 19
1.6 SIGNATORY REOUIREMENTS . . . . . . . . . . e . . . 20
1.7 PERMIT TRANSFER PROHIBITIONS . . . . . . . . . . . 20
1.8 PERMIT - CHANGE OF OWNERSHIP . . . . . . . . . . . 20
1s CONFIDENTIAL INFORMATION . . . . . . . . . . . . . 2a
SECTION 2 REGULATIONS . . . . . . . . . 21
2.1 PROHIBITED DISCHARGES ,, . . . . . . . . . . . . . 2:
2.2 PROHIBITION ON DILUTION + . . . . . . . . . . . . 2:
2.3 LIMIT ATIONS ON SURFACE RUNOFF AND GROUNDWATER - 2:
2.4 LIMITATIONS ON UNPOLLUTED WATER . . . * . . . o . 2:
2a5 LIMITATIONS ON RADIOACTIVE WASTES . e . . 2:
2.6 LIMITATIONS ON THE USE OF GRINDERS . * 2.
2.7 LIMITATIONS ON POINT OF DISCHARGE . . . . . . 2
2.8 LIMITATIONS ON WASTEHAULER DISCHARGES . . 2 2.9 LIMI TATIONS ON WASTEWATER STRENGTH AND
CHARACTERISTICS . . . . . . . . . * . . . . . . . 2 2 o 10 FEDERAL CATEGORICAL PRETREATM ENT STANDARDS . . . 2
2-11 STATE REOUIREMENTS . . e . . e . . - e 2
2.12 MEMBER AGENCY REQUIREMENTS . . . . . . . . - 2
2.13 MASS EMISSION RATE DETERMINATION . 2
2.14 PROHIBITION ON INFECTIOUS WASTE . . . 2
SOLUTIONS AND SLUDGES . . . * . . . - - - 2
2.16 AGENCY'S RIGHT OF' REVISION . . . . * 2
SECTION 3 DISCHARGE PERMITS, CHARGES, AND FEES ;
3.1 INTRODUCTION . a . . . . . . . . . . . . . . - - :
3.2 CLASS I WASTEWATER DISCHARGE PERMITS . - :
3-3 CLASS I WASTEWATER DISCHARGE PERMIT APPLICATION -
3.4 CLASS I PERMIT CONDITIONS, AND LIMITATIONS .
3.5 CLASS I TEXMS AND CONDITIONS . - .
3.6 CLASS I PERMIT DURATION AND RENEWAL . - - - * 3.7 CLASS I WATER RECORDS . . . . . . . a .
3.8 CLASS I1 WASTEWATER DISCHARGE PERMITS - - - *
3-9 CLASS I1 WASTEWATER DISCHARGE PERMIT APPLICATION *
3.10 CLASS I1 PERMIT CONDITIONS AND LIMITATIONS . -
3.11 CLASS I1 TERMS AND CONDITIONS . . - - *
3.12 CLASS I1 PERMIT DURATION AND RENEWAL - . * *
3.13 CLASS I1 WATER RECORDS . . . . . . . . . .
2.15 LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL
3-14 CLASS I11 WASTEWATER DISCHARGE PERMITS . - * 0
3.15 CLASS I11 WASTEWATER DISCHARGE PERMIT APPLICATION
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3.16 CLASS I11 PERMIT CONDITIONS AND LIMITATIONS ....
3.17 CLASS I11 TERMS AND CONDITIONS
3.18 CLASS I11 PERMIT DURATION AND RENEWAL
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3.19 WASTEHAULER DISCHARGE PERMIT - *
3.20 WASTEHAULER DISCHARGE PERMIT APPLICATION .... 3.21 WASTEHAULER DISCHARGE PERMIT CONDITIONS AND
LIMITATIONS
3.22 TRANSFERABILITY .................
3.23 TERMS AND CONDITIONS . .
3.25 WASTEHAULER DISCHARGE PERMIT CHARGE FOR USE ... 3.24 PERMIT DURATION AND RENEWAL ...........
3-26 SPECIAL PURPOSE DISCHARGE PERMITS - - -
3.27 SPECIAL PURPOSE DISCHARGE PERMIT APPLICATION . .
3.28 SPECIAL PURPOSE DISCHARGE PERMIT CONDITIONS AND
3.29 SPECIAL PURPOSE DISCHARGE PERMIT CHARGE FOR USE
3.30 SPECIAL PURPOSE DISCHARGE TERMS AND CONDITIONS .
3.31 SPECIAL PURPOSE DISCHARGE PERMIT DURATION AND
LIMITATIONS . . . .
RENEWAL..................
3.32 GROUNDWATER DISCHARGE PERMITS
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3.33 GROUNDWATER DISCHARGE PERM1 T APP LICATION .... 1 3.34 OUT OF SERVICE AREA PERMITS/DISCHARGERS -
SECTION 4 FACILITIES
REQUIREMENTS . .
4.1 PRETREATMENT FACILITIES 0 .
4.2 SPILL CONTAINMENT FACILITIES '.
4 3 MONITORING/METER ING FACITJTIE s .........
4.4 DRAWING SUBMITTAL REQUIREMENTS
4.5 WASTE MINIMIZATION REQUIREMENTS =
SECTION 5 XONITORING~REPORTING~ NOTIFICATION,& INSPECTION REQUIREMENTS -
5.1 MONITORING FOR COMPLIANCE WITH PERMIT CONDITIONS 01 REPORTING REOUIREMENTS
5.2 INSPECTION AND SAMPLING CONDITIONS . *
5.3 RIGHTOFENTRY
5.4 NOTIFICATION OF SPILL OR SLUG LOADING - - * - *
5.5 NOTIFICATION OF BYPASS . . *
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SECTION 6 ENFORCEMEXT - .
6.0 PURPOSE AND SCOPE ................
6.1 NON-COMPLIANCE WITH PERMIT CONDITIONS AN APPLICABLE FEES ......................
6.2 NOTICE OF CORRECTION . . * . e
6.3 ENFORCEMENT COMPLIANCE SCHEDULE AGREEMENT IECSA)
6.4 REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSAI .
6.5 PERMIT SUSPENSION . . - * *
6.6 PERMIT REVOCATION ................
6.7 WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
6.8 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
6.9 INDUSTRIAL WASTE PASS THROUGH 6.10BATCHDUMPS ...................
6.11 PUBLISHED NOTICES
6.12 TERMINATION OF SERVICE . . . . * -
6.13 EMERGENCY SUSPENSION . . . 0 . - . * * *
................... ..........
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.... ....... ~- 6.15 CIVIL PENALTXES .................. 61
TOGENERALMANAGER ................ 63
6.18 APPEAL OF CHARGES AND FEES ............ 66
6.19 PAYMENT OF CHARGES ................ 66 6.20 COLLECTION .................... 66
6.22 FINANCIAL SECURITY/AMENDMENTS TO PERMIT ...... 67 6-23 JUDICIAL REVIEW .................. 68
SECTION 7 SEVERABILITY ........ 70
7.1 SEVERABILITY ................... 70
SECTION 8 (RESERVED) ........ 71
SECTION9 .............. 72
9.1 EFFECTIVE DATE .................. 73
6.16 APPEALS TO ADMINISTRATIVE ACTIONS
6-17 APPEALS TO THE BOW OF DIRECTORS . 0 . 64
6.21 RECOVERY OF COSTS INCURRED BY AGENCY . 67
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INTRODUCTION AND SUMMARY
In 1963, the communities of Vista and Carlsbad built the ori
Encina plant to provide regional primary sewage treatment and
ocean disposal of the effluent. By 1971, Buena, Valle
(formerly San Marcos) , Leucadia and Encinitas had joined Er Each agency owns varying portions of the plant and outfall.
The Basic Agreement of Encina is the \Constitution' of Enci
which the plant is guided. Policy decisions are made by the Advisory Committee (JAC). The plant is operated and admini:
by the Encina Wastewater Authority (EWA).
The Encina Water Pollution Control Facility (EWPCF) itself
modern wastewater treatment facility capable of producing
secondary treatment. It utilizes and reuses by-products c
treatment processes on site. Digester gas is used to drive el and effluent is reclaimed to meet plant water needs.
Effective June 22, 1989, all of the member agencies a(
amendmentstothe Basic Agreement, which allowed for centrali
of the Encina Pretreatment Program. On April 25, 1990 tf
Directors adopted this Encina Pretreatment Ordinance, which other things, centralizes pretreatment program functions Encina. It is anticipated that by January I, 1991, all '
pretreatment programs will be combined and administered by E
This ordinance reflects the changes and needs to claril
streamline the entire program. The primary goals of this ord are :
0 To ensure agency compliance with all Regulatory Agenci
National Pollutant Discharge Elimination System (
requirements.
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0 To enforce Federal Categorical Pretreatment Standards
0 To prevent pass through and interference of the EWPC
0 To prevent agency sludge contamination and thereby f
0 To encourage recycling; reuse, and conservation 0
1 discharges to the sewerage system.
sludge disposal options.
renewable resources.
0 To encourage waste minimization and product substitui
0 To ensure the safety of agency personnel by decreasinl exposure to all hazards.
To minimize the discharge of volatile organic coInPOuni
separately or collectively contribute to air emiSSiOl
the Agency's sewerage system.
0 To encourage the reduction of water discharge to th(
system.
users.
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of industrial wastewaters, with enforcement to insure equal treatment of all dischargers.
To equitably distribute pretreatment program costs. 0
This ordinance incorporates the latest pretreatment program
requirements to achieve compliance with Federal and State standards.
It will continue to be the Agency's objective to co-issue (together with the appropriate member agency) permits to all industrial/ commercial users who discharge, or have potential to discharge non-
compatible pollutants to the sewerage system.
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RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ENCINA
WASTEWATER AUTHORITY ESTABLISHING PRETREATMENT ORDINANCE AND PROCEDURES FOR INDUSTRIAL USERS
OF TEE ENCINA WATER POLLUTION CONTROL FACILITY
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WHEREAS, certain laws of the United States require pub1
owned wastewater treatment works to establish ordinance gove
discharge of wastewater by industrial users into any such trea
works: and
WHEREAS, the Encina Water Pollution Control Facility is
public owned treatment works subject to said laws of the U
States,
NOW.THEREFORE, BE IT RESOLVED BY TEE BOARD OF DIRECTORS (
ENCINA WASTEWATER AUTHORITY THAT THE FOLLOWING PRETm
ORDINANCE AND PROCEDURES BE, AND, ARE HEREBY ADOPTED: 1
SECTION 1 GENERAL PROVISIONS
1.1 PURPOSE AN D POLICY
This ordinance set forth uniform requirements for direc indirect contributors into the wastewater collection and trei system for the Encina Wastewater Authority (hereinafter E'wl enable said Agency to comply with all applicable State and Fc laws required by the Clean Water Act of 1977 and the Gc Pretreatment Ordinances (40 CFR, Part 403), and subs( amendments.
The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the
Joint Sewer wastewater system which will interfere wi operation of the collection system or treatment proces contaminate the resulting sludge:
Water Pollution Control Facility wastewater system whic pass through said system, inadequately treated, into rec waters or the atmosphere or otherwise be incompatible Wj system;
Encina Water Pollution Control Facility.
To improve the opportunity to recycle and reclaim Waste and sludges from the system: and
(b) To prevent the introduction of pollutants into the
(c) To protect and preserve the well-being of personnel
(d)
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A- &-- --- --- ,, Encina Joint Sewer system pretreatment program.
This ordinance provides for the regulation of direct and indirect
contributors to the Encina Water Pollution Control Facility
wastewater system through the issuance of permits to certain non-
domestic users and through enforcement of general requirements for
the other non-domestic users, authorize monitoring and enforcement
activities, require user reporting, assume that existing customer's
capacity will not be preempted, and provide for the setting of fees
for the equitable distribution of costs resulting from the program established herein.
This ordinance shall apply to Encina Wastewater Authority, the
Cities of Carlsbad and Vista, the Vallecitos Water District, the Leucadia County Water District, the Buena Sanitation District and
the Encinitas Sanitary District, and to persons outside said Cities and Districts who are, by contract or agreement with said Cities
and/or Districts, Users of the Encina Water Pollution Control Facility, which is a POTW. Except as otherwise provided herein,
the General Manager of the Encina Water Pollution Control Facility
(hereinafter EWPCF) shall administer, implement, direct and cause
enforcement of the provisions of this ordinance.
1.2 DEFINITI ONS
Unless the context specifically indicates otherwise, the followinq terms and phrases, as used in this resolution, shall have the meanings hereinafter designated:
(1) Aat or ''the Act''. The Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended, 33 U.S,C- 1251, et seq,
(2) Aaencv. The Encina Wastewater Authority (EWA) or the Board Oi Directors of said agency.
(3) AliauOt. Portion of a sampleo Often an equally dividec portion of a sample.
(4) ADDrOVal Authority. The State of California Water Resource! Control Board, except for certain EPA oversight functions.
(5) Authorized ReDresentative of Industrial User, An authorize( representative of an Industrial User may be: (1) A principa executive officer of at least the level of vice-president, i
the Industrial User is a corporation: (2) A general partne
or proprietor if the Industrial User is a partnership 0 proprietorship, respectively; (3) A duly authorize
representative of the individual designated above if SUC
representative is responsible forthe overall operation of th facilities from which the indirect discharge originates.
(6) Baseline Monitorinu ReDort (BMR), A required report for a1
Industrial Users subject to a Categorical Pretreatmen Standard. A BMR provides information that documents a Industrial User's compliance status with all applicabl Pretreatment Standards, If an Industrial User is nc
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compliant, a compliance schedule will be submitted wit1
BMR describing actions to achieve compliance,
Batch Process. A treatment process in which a tank or V(
is filled, the wastewater (or solution) is treated to
discharge standards and is then released to the san
system. A batch process is intermittent not continuous
(8) Best Available Technolocrv ( BAT). A level of technology is based on the very best (state of the art) contro:
treatment measures that have been developed or are capab
being developed for a particular industrial category.
(9) Best Practicable Technoloay ( BPT). A level of techn represented by the average of the best existing waste
treatment performance levels within an industrial cateq
(10) Biochemical Oxvaen Demand (BOD). The BOD test measure
organic strength of wastewater. The BOD test measure
amount of oxygen consumed by the microorganisms ii
wastewater as they stabilize decomposable organic n
under aerobic conditions. The BOD test is a five (5
test where the wastewater is kept at twenty (20) degrec
centigrade and the results are. expressed in milligran
liter (mg/l).
(11) Biodecrradable. Organic matter that can be broken dc
bacteria to more stable forms which will not create a nu
or give off offensive odors.
(12) Blowdown. The removal of accumulated solids in boiler prevent plugging of boiler tubes and steam lines. In c
towers, blowdown is used to reduce the amount of dis
solids in the recirculated cooling water.
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(13) Buildinu Sewer. A sewer conveying wastewater f rc premises of a User to the public sewer.
(14) BvDaSS. The intentional diversion of wastestreams fr
portion of an Industrial User's treatment facility.
(15) Carcinoaenic. Any substance that causes or tends to cancer in an organism.
(16) Cateuorical Standards. National wastewater dis pollutant limits developed by the EPA for any industry designated category that discharges to a POW. The pol
effluent limits are contained in the Code of 1
(17) Chain of Custodv. A set of procedures that ensu
integrity of a sample, which includes a record of each
involved in the possession of a sample, securing the : and final disposal of the sample.
I Regulations.
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inorganic and organic strength of wastewater. The COD test
measures the amount of oxygen consumed from a chemical oxidant in milligrams per liter (mg/l).
(19) Code of Federal RecNlations (CFR). A publication of the
United States Government which contains all of the proposed
and finalized federal regulations, including environmental
regulations.
(20) Collection System. The combined pipes, conduits, manholes,
and other structures, usually underground, whose purpose it is
to convey sanitary wastewater or storm water.
(21) ComDatible Pollutants. Those pollutants such as biochemical oxygen demand (BOD) , total suspended solids (TSS) , and ammonia that are normally removed by the POTW treatment processes.
(22) ComDliance. The act of meeting specified conditions Or requirements,
(23) Comoosite 8amDle. A collection of individual samples taken on
a time or flow interval basis, and combined to give an average
representative sample for the sample period.
(24) Control Authoritv. The Encina Wastewater Authority (EWA)
(25) Conventional Pollutants. Those pollutants which are UsUally found in domestic, commercial or industrial wastewaters such
as biochemical oxygen demand, suspended solids, pathogenic organisms, adverse pH levels, and oil and grease.
The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat..
(27) Corrosion. The gradual deterioration or destruction of 2 substance or a material by chemical action, proceeding from
the surface inward. Corrosive materials deteriorate the collection system.
(28) Deleterious. Refers to something that can be or is hurtful,
harmful, or injurious to health or the environment.
(29) Direct Discharue. The direct discharge of treated 01 untreated wastewaters directly to the waters of the State 0'
California. Direct discharges are regulated under thc N.P.D.E.S. program.
(30) Discharcre Pennit. Formal authorization by Encina WasteWate
Authority (EWA) and a member agency, stipulating th
conditions under which the wastewater effluent may b released.
(31) Disposal. Release to the sanitary sewer system or to th
(26) Coolincr Water.
environment.
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(32) Dissolved OItvcren (DO). The amount of oxygen dissolvc
water or wastewater, usually expressed in milligrams per
(33) Domestic Wastewater. The lyiquid and solid waterborne w
derived from the ordinary l.Lving processes of humans of character as to permit satisfactory disposal, without sp
pretreatment, into the public sewer or by means of a pK
wastewater disposal system.
(34) Effluent. Usually water or wastewater discharged partial
completely treated or untreated from an Industrial Us
treatment plant, or part thereof.
(35) Enforcement. A series of progressively more strj procedures and actions used to ensure compliance
legislation or associated rules, ordinance, or limitat:
(36) Environmental Protection Atyencv (EPA) . The federal i
charged by law with carrying out and obtaining complianc the Clean Water Act of 197'7 and other federal envirom laws and promulgating, inte-rpreting and enforcing reguli
(37) Flammable Licruid. A liquid which by itself, or any corn
of it present in greater than one percent concentratio
a flashpoint below 100 degrees Fahrenheit (38 d
Centigrade) .
(38) FlashDoint. The minimum temperature of a liquid at whi
liquid gives off vapor in sufficient concentration to
when exposed to any source of ignition.
Wastewater Authority (EWA) to supervise the operation Encina Water Pollution Control Facility (EWPCF) , and charged with certain duties and responsibilities as cor by this article and including his duly apE representative.
(40) Grab SamDle. A single sample collected at a particulz
and place which represents; the wastestream at that tj place only.
(41) Grease. llGreasell means fats, oils or greases or other
soluble matter, and shall include each of the follow1 types: a) Dispersed grease, which means grease which floatable grease: and,
b) Floatable grease, which means grease which floats surface of quiescent sewage water or other lic
which floats upon dilution of the liquid with wa
(42) Hazardous Material Manacrement Plan. A document prepar€
industry which contains copies of Material Safety Data
(MSDS) as well as additional information regardi
storage, handling and disposal of all chemicals used
by the industry.
(mg/l)
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(39) General Manaaer. The person designated by the
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corrosivity, chemical reactivity or other reasons.
(44) Boldinu Tank Waste. Any waste from holding tanks such as
vessels, chemical toilets, campers, trailers, septic tanks,
and vacuum-pump tank trucks.
(45) Indirect Discharue. The discharge or the introduction of non- domestic pollutants from any regulated source to the EWPCF, which may include certain holding tank wastes. These
discharges are subject to EPA pretreatment ordinance.
(46) Industrial User (IU). A source of Indirect Discharge to the
EWPCF, which is regulated by the EPA regulations as set forth
in 40 CFR 403.3(h) and as identified in the Standard Industrial Classification Manual, 1987, Office of Management and Budget, as amended and supplemented.
(47) Industrial Wastewater. All water-carried wastes and waste-
water of the community, excluding domestic wastewater, and
including all wastewater from any commercial or industrial production, manufacturing, processing, agricultural, or other
operation. These may also include wastes of human orlglr
similar to domestic wastewaters.
(48) Infectious Waste. Materials which are likely to transmit etiologic agents which cause, or significantly contribute tC
the cause of, increased morbidity or mortality of h-1
beings, as more specifically set forth in Health and Safetl Code Section 25117.5.
(49) Influent. Wastewater or other Piquid, untreated or partial11 treated, flowing into a treatment plant or treatment processl
(50) Inhibitorv Substances. Materials that kill or restrict tha
ability of organisms to treat wastes.
(51) InsDector. A person authorized by the General Manager tc
inspect any development discharging or anticipating discham
to wastewater conveyance, processing and disposal facilities
(52') InterceDtor. A devise or trap to reduce the amount of grease
sand or oil entering the sewer system.
(53) Interference. A discharge that alone or in conjunction wit a discharge or discharges from other sources, both:
a) Inhibits or disrupts the POW, its treatment processes 0 operations, or its sludge processes, including either th use or disposal of sludge: and
b) Therefore is a cause of a violation of any requirement 0 the EWPCF's NPDES permit (including an increase in th
magnitude or duration of a violation) or of the preven
tion of sewage sludge use or disposal in compliance wit
the following statutory provisions and ordinance C
Permits issued hereinunder (or more stringent State C
local regulations): Section 405 of the Clean Water Act
the Solid Waste Disposal Act (sWDA) (including Title 11
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and Recovery Act (RCRA) , and including State regula
contained in any state sludge management plan pre
pursuant to Subtitle D of the SWDA), the Clean Air
the Toxic Substances Control Act, and the M
Protection, Research and Sanctuaries Act.
(54) Lower Emlosive Limit (LEL). The point where the co
tration of a gas-in-air is sufficiently large to result explosion if an ignition source (sufficient ignition en is present.
(55) Ma88 Emission Rate. The weight of material discharged t
sewer system during a given time interval. Unless othe
specified, the mass emission rate shall mean pounds per c
a particular constituent or combination of constituents
A document no1
developed by a chemical manufacturer or formulator,
provides pertinent information about a hazardous substal
mixture. The MSDS is required to be available to emp:
and inspectors when a hazardous substance is used or fa
(57) Mutacrenic. Any substance which tends to cause mutatir
gene changes prior to conception.
(58) National Catefforical Pretreatment standard or Pretrel
Standard. Any regulation containing pollutant disi limits promulgated by the EPA in accordance with s
307(b) and (c) of the Act (33 U.S.C. 1347) which applie specific category of Industrial users.
(59) National Pollutant Discharae Elimination Svstem (NPDEI permit issued pursuant to section 402 of the Act (33
1342) , which applies to direct discharges to the waters State.
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(56) Material Safetv Data Sheets (M BDSI t
I the work place.
(60) New Bource. A new industry or source constructed aft
date of publication of proposed regulation in the F Register as defined in 40 c!FR 403,3(k) as revised OctOk
1908 .
(61) Nonbiodecrradeable. Substances that cannot readily be down by bacteria to simpler forms.
(62) NoncomDatible Pollutants. Those pollutants that a
removed by the POTW treatment system. These pollutants
toxic waste and may cause pass-through or interf erenc the treatment system.
(63) Noninteffrated Facilitv. Industrial sources that 4(
wastewaters from different categorical pretreatment Pro(
but do not combine the wastestreams prior to pretreat1 discharge to the sanitary system.
(64) Nuisance. Anything which is injurious to health
indecent or offensive to the senses or an obstruction
free use of property so as to interfere with the corn
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time- an entire community br neighborhood or any considerable
number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
(65) Pass-Throuah. A discharge from an industrial source that passes through the EWPCF to the waters of the State in concentrations which, alone or in conjunction with other
discharges, cause an NPDES permit violation.
(66) Permittee. A person who has received a permit to discharge wastewater pollutants into the EWA sewerage System Subject to the requirements and conditions established by EWA.
(67) Person. An individual, partnership, copartnership, firm,
company, corporation, association, joint stock company, trust,
estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine
gender shall include the feminine, the singular shall include
the plural where indicated by the context.
(68) DB. Mathematically, pH is the logarithm (base 10) of the reciprocal of the hydrogen ion activity. The pH range is from
0 to 14 where 0 is the most acidic and 14 most basic, and 7 is neutral e
(69) Pollutant. Any substance which causes an impairment (reduction) of water quality to a degree that may have an adverse effect on the beneficial use of the water.
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemicalwastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water and onto thE ground, or deposited where subsurface waters may becomc contaminated by leaching.
(70) Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity 01 water .
The impairment (reduction) of water quality by agricultural domestic, or industrial wastes (including thermal ant
radioactive wastes), to a degree that the natural watel quality is changed to hinder any beneficial use of the Wate!
or render it offensive to the senses of sight, taste, or Smel: or when sufficient amounts of the wastes create or pose q potential threat to human health or the environment.
(71) Pretreatment or Treatment. The reduction of the amount 0 pollutants, the elimination of pollutants, or the alteratio of the nature of pollutant properties in wastewater to a les harmful state prior to or in lieu of discharging or otherwis
introducing such pollutants to a POW. The reduction 0 alteration can be obtained by physical, chemical or biologica processes, or process changes by other means except a
prohibited by 40 CFR, Section 403.6(d)
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(72) Pretreatment Facilitv. Industrial wastewater treatment consisting of one or more treatment devices designed to r sufficient pollutants from wastewaters to allow an indus source to comply with EPA, State or local effluent limita
for legal discharge to a POTW.
(73) Pretreatment Recruirernents. ~ny substantive or proce
requirement related to pretreatment, other than a Nat
Pretreatment Standard imposed on a categorical indus
user.
(74) POTW Treatment Plant. That portion of the EWPCF design
(75) Process Wastewater. Any wastewater contaminated by
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provide treatment of the wastewater.
activities including but not limited to that originatinc
manufacturing, agriculture, processing, rinsing, washi
producing.
(76) Publicly Owned Treatment Works (POTW). A treatment WOI defined by section 212 of the Act, (33 U.S.C. 1292) wh:
owned in this instance by Encina Joint Powers and its 1
agencies. This definition includes any sewers that ' wastewater to the POTW treatment plant, but does not ii
pipes, sewers, or other conveyances not connected t
facility providing treatment. For the purposes of
resolution, IrPOTWrg shall also include any sewers that
wastewaters to the POTW from persons outside the Cit:
Carlsbad and Vista, the Vallecitos Water District
Leucadia County Water District, the Buena Sanitation Dis
and the Encinitas Sanitary District, who are, by contr
agreement with said Cities and/or Districts, users (
EWPCF .
(77) RecNlatorv Auencies. Any or all agencies regulatinc
including but not limited to the EPA, the State
Resources Control Board, and the Regional Water Q Control Boards.
(78) Resource Conservation and Recoverv Act (RCRA) . Federal
Law (PL) 94-580, provides technical and financial assi
for the development of plans and facilities for recOV energy and resources from discarded materials and for tl disposal of discarded materials and hazardous Wastes. Act also regulates the generation, storage transportat:
disposal of federally defined hazardous wastes from "Cri grave" .
(79) shall is mandatory: May is permissive.
(80) Sianificant InUustrial User (SIU). A Significant Indl User includes: a) All categorical users, and, b) Any noncategorical user that
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(1) Discharges 25,000 gallons per day or m
process wastewaters (excluding sanitary, nom cooling water, and boiler blowdown wastewate
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five (5) percent or more of the average dry weathek
hydraulic or organic (BOD, SS) capacity of a treatment plant, or
(3) Has a reasonable potential, in the opinion of the
EWA, to adversely affect the EWPCF.
(81) Sianificant NoncomDliance (SNC), Significant Noncompliance
Chronic violations where sixty six percent or more of the
measurements exceeded the same daily maximum limit in a
6 month period. Acute violations where thirty three percent or more of
the measurements exceed the same daily maximum limit OX
the same average limit by more than the Technical Review
Criteria (TRC) in a 6 month period,
c) Failure to provide reports for compliance schedules,
self-monitoring data, or categorical standards (BMR, 9C
day compliance reports, and periodic reports) within 3C
days from the due date.
d) Any discharge that has caused imminent endangerment tc
human health/welfare or to the environment and hag resulted in the EWA's exercise of its emergency authorit1 to halt or prevent such a discharge. e) Any other violation(s) of an effluent limit (average 01 daily maximum) that the EWA believes has caused, alone 01 in combination with other discharges, interference (east slug loads) or pass-through, or endangerment of health 01 the wastewater treatment personnel or the public.
f) Violations of compliance schedule milestones, containec
in a local control mechanism or enforcement order, fa starting construction, completing construction, ant attaining final compliance by 90 days or more after thc schedule date.
Any other violations or group of violations that the EW considers to be significant.
(82) Sicmificant Violation. A violation which remains UnCOrreCte for 45 days after notification of noncompliance; which is par of a pattern of noncompliance over a twelve month period which involves a failure to accurately report noncompliance or: which resulted i.n the EWA exercising its emergenc authority under Section 403.8 (f) (1) (vi) (B} .
(83) 8fudqe- Any solid, semi-solid or liquid decant, subnate C supernate from a manufacturing process, utility service, c pretreatment facility.
(84) SlUa Load. A discharge that exceeds any limitation a1
exceeds the usual user flow and/or pollutant loading.
(85) Solvent. Any substance that is used to dissolve anothc substance in it.
(86) SDill Containment. An Agency approved protection sySt4
installed by the permittee to prohibit the discharge to tl sewer of non-compatible pollutants.
includes :
a)
b)
9)
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(87) State. The State of California.
(88) Standard Industrial Classification (SIC). A classifica pursuant to the Standard Industrial Classification Ma issued by the Executive Office of the President, OffiC Management and Budget, 1987, as amended and supplemented
(89) Standard Methods. Procedures described in the current edj of Standard Methods for the Examination of Water Wastewater, as published by the American Public HE Association, the American Water Works Association and ! Pollution Control Federation.
(90) Storm Water. Any flow occurring during or following any
of natural precipitation and resulting therefrom.
(91) State Water Resources Control Board (SWRCB). The Calif<
agency with overall pretreatment program responsibj through delegation agreements with the EPA.
(92) Technical Review Criteria (TBC) . An EPA term that define!
magnitude of a limits violation. The TRC is calculate multiplying the daily average maximum limit by the applic
TRC value (TRC=1.4 for BOD, TSS, fats, oils and grease,
1.2 for all other pollutants except pH.)
(93) Teratocrenic. Any substance that tends to cause birth del after conception.
(94) Total orcranic Carbon (TOC) a- The measure of total or!
carbon in domestic or other wastewater as determined b\
(95) Total 8usDended Solids (Tm) . ~ny insoluble mati contained as a component of wastewater and capabll separation from the liquid portion of said waste by appropriate testing procedures and expressed in term milligrams per liter.
(96) Total Toxic orcranics (TTO). The sum of the masse concentrations of specific toxic organic compounds in industrial users process discharge at a concentration grf than 0.01 mg/l.
A strategy for kec
track of all solvents delivered to a site, their storage
and disposal. The plan will address the preventio discharge of toxic organic:s to any wastewater collec
system or the environment. The plan will address the CO:
of spills and leaks and also ensure against the delibl dumping of solvents.
(98) Toxic Pollutant. Any pollutant or combination of pollul
listed as toxic in ordinance promulgated by the Administ:
of the EPA under the provisions of cWA Section 307 (a) or: '
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(97) Toxic Orcranic Manacrement Plan (TOMPI e
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Those pollutants or combinations of pollutants, inciuaing
disease-causing agents, which after discharge and upon
exposure, ingestion, inhalation or assimilation into any organism, either directby from the environment or indirectly
by ingestion through food chains, will, on the basis of information available to the Administration of EPA, cause
death, disease, behavioral abnormalities, cancer, genetic
mutations, physiological malfunctions (including malfunctions
in reproduction) or physical deformations, in such organisms or their offspring.
(99) User, Any person who contributes, causes or allows the
contribution of wastewater to the EWPCF.
(100) Volatile. Natural (plant or animal origin) or synthetic
substances that are capable of being evaporated or changed to
a vapor at relatively low temperatures.
Sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes
placed within containers of whatever nature prior to and for the purpose of disposal.
(102) Waste Manifest, The receipt which is retained by tha
generator of hazardous wastes as required by the State and/ol
the United States Government pursuant to RCRA, or tb
California Hazardous Materials Act, or that receipt which i!
retained by the generator for recyclable wastes or liquid non hazardous wastes as reapired by the Agency.
(103) Wastehauler. Any person carrying on or engaging in vehicula transport of waste as part of, or incidental to, any busines for the purpose of discharging said waste into the Agency' system.
(104) Wastewater. Waste and water, whether treated or untreated discharged into or permitted to enter a public sewer.
(105) Water8 of the State. All streams, lakes, ponds, marshes
watercourses, waterways, wells, springs, reservoirs, aquifers
irrigation systems, drainage systems, and all other bodies C
accumulations of water, surface or underground, natural C artificial , public or private, which are contained withi] flow through, or border upon the State or any portion there0
Words used in this Ordinance in the singular may include the plur
and the plural the singular. Use of masculine shall also me feminine and the use of feminine shall also mean masculine.
1.3 ABBREVIATIONS
BAT
BMR
BOD
BPT CFR
COD
(101) Waste.
Best Available Technology.
Baseline Monitoring Report. Biochemical Oxygen Demand.
Best Practicable Technology. Code of Federa.1 Regulations. Chemical Oxygen Demand.
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DO - Dissolved Oxygen.
EWA - Encina Wastewater Authority. ECSA - Enforcement Compliance Schedule Agreement.
EPA - Environmental Protection Agency.
EWPCF - Encina Water Pollution Control Facility. - Gallons per day. - Gallons per minute. gPd
- Industrial User. gPm IU
1 - Liter.
LEL - Lower Explosive Limit e
mg - Milligrams.
mg/1 - Milligrams per liter.
MSDS - Material Safety Data Sheets.
NPDES - National Pollutant Discharge Elimination System.
POTW - publicly Owned Treatment Works. PSES - Pretreatment Standards for Existing Sources.
PSNS - Pretreatment Standards for New Sources. RCRA - Resource Conservation and Recovery Act.
SIC - Standard Industrial Classification.
SIU - Significant Industrial User.
SNC - Significant Non-Compliance.
SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901 et. set SWRCB - State Water Resources Control Board.
TOC - Total Organic Carbon.
TRC - Technical Review Criteria .
TOMP - Toxic Organic Management Plan. - Total Suspended Solids. TSS
TTO - Total Toxic Organics. use - United States Code.
1.4 AUTHORITY
The Agency is regulated by several agencies of the United Government and the State of California, pursuant to the prov of Federal and State Law. Federal and State Laws grant
Agency the authority to regulate and/or prohibit, by the ad of an ordinance, and by issuance of discharge permits
discharge of any waste, directly or indirectly, to the
sewerage facilities. Said authority includes the riq establish limits, conditions, and prohibitions; to establis
rates or prohibit flows discharged to the Agency se facilities: to require the development of compliance schedul
the installation of equipment systems and materials by all
and to take all actions necessary to enforce its authority, b
within or outside the Agencies boundaries, including those that are tributary to the Agency or within areas for whi Agency has contracted to provide sewerage services.
The Agency has the authority pursuant to California Heal Safety Codes 5471 and 5474 to prescribe, revise, and collE fees and charges for services and facilities furnished Agency either within or without its territorial limits.
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1.5 DELEGATION OF AUTHORITY
Whenever any power is granted to or a duty is imposed upon th
Manager, the power may be exercised or the duty may be perfa person authorized by the General Ixanager.
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Reports and permit applications required by this ordinance to comp
with Federal Regulations shall contain the following certificati statement:
"I have personally examined and am familiar with the informati submitted in the attached document, and 1 hereby certify under penal of law that this information was obtained in accordance with the Fedei
Pretreatment Requirements. Moreover, based upon my inquiry of thc
individuals immediately responsible for obtaining the informat:
reported herein, I believe that the submitted information is tn
accurate, and complete, I am aware that there are significant penalt: for submitting false information, including the possibility of fine i imprisonment. ii
The statement shall be signed by an authorized representative of ' industrial user as defined in 40 cFR 403.12(1)(1-4).
1.7 PERMIT TRANSFER PROHIBITIONS
Permits issued under this ordinance are for a specific user, fol
specific operation at a specific location or a specific wastehauler, :
not be transferred, sold or hypothecated and create no vested righ Discharge permits or their mass emission rates shall not be transfer
for an operation at a different location.
1.8 PERMIT - CHANGE OF OWNERSHIP
Upon the sale or transfer of ownership of any business operating Un
a permit issued by the Agency, the permittee shall notify the Agency
writing prior to the transfer. The successor owner shall be requirec apply for a new permit within 15 days of the sale or transfer ownership in accordance with the provisions of this ordinance.
1.9 CONFIDENTIAL INFORMATION
All user information and data on file with the Agency shall be avalla
to the public and governmental- agencies without restriction unless user specifically requests and is able to demonstrate to the SatiSf tion of the Agency that the release of such information would dim
information, processes or methods which would be detrimental to user's competitive position. The demonstration of the need
confidentially made by the permittee must meet the burden necessary
withholding such information from the general public under applic:
State and Federal Law. Any such claim must be made at the tin€ submittal of the information by manking the submittal liconfidenl
Business Informationii on each page containing such infomat' Information which is demonstrated to be confidential shall not
transmitted to anyone other than a governmental agency without PI notification to the user, Information concerning wastewater quality quantity will not be deemed confidential.
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SECTION 2
REGULATIONS
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I 2.1 PROHIBITED DISCHARGES
A. No person shall discharge a quantity or quality of waste
directly or indirectly to sewerage facilities owned 1
tributary to the Agency's sewerage system which causes, capable of causing, either alone or by interaction with
substances:
1. A fire or explosion;
2.
3.
Obstruction to the flow in the sewer system resulti
interference or damage to the sewerage facilities: Danger to life, health or safety of any person, incl
the employee's of the Agency or any of its members,
the environment;
4. Impairment of the effective maintenance or operati
the sewerage system:
5. The release of toxic or malodorous gas-producing
stances ;
6. Interference with the wastewater treatment process
7. The Agency's effluent or any other product o
treatment process, residues, sludges or scums, unsuitable for reclamation, reuse or disposal;
80 Discoloration, pass through, or any other condition
affects the quality of the Agency's treatment
effluent in such a manner that receiving water q'I
requirements established by Regulatory Agencies can
met :
regulation, or ordinance of any public agency or Rc
tory Agency having jurisdiction over the dischai wastewater through the! sanitary sewer system.
No person shall discharge wastewater or any substance 1
ered by vehicular transport:, rail car, or dedicated pi directly or indirectly to the Agency's sewerage fad that is defined as a hazardous waste by the Regu
Agencies .
No person shall transport waste from one location or fa to another for the purpose of treating or discharg: directly or indirectly ta a publicly owned sewer W
written permission from the Agency.
D. No user shall increase the contribution of flow, pOllU or change the nature of pollutants where such contribut change does not meet applicable standards and requiremc where such contribution would cause the Agency to ViOli
NPDES permit.
90 Conditions which violate any statute or any
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2.2 PROHIBITION ON DILUTION
No user shall increase the use of water or in any
manner attempt to dilute a discharge as a partial or CC
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cially high flow rate for permit mass emission rates.
2.3 LIMITATIONS ON SURFACE RUNOFF AND GROUNDWATER
A. Groundwater, surface runoff, or subsurface drainage shall not
be discharged directly or indirectly to the Agency's sewerage Pursuant to the facilities except as provided herein. Agency's Groundwater Discharge Policy., the Agency may approve the discharge of such water only when no alternate method of disposal is reasonably available and the discharge is neces- sary to mitigate an environmental risk or health hazard. All other Groundwater Policy discharge criteria must be met prior to any groundwater discharge to the Agency's sewerage system.
B. The discharge of such waters shall require a Groundwater Discharge Permit from the Agency.
If a permit is granted for the discharge of such water into a
public sewer, the user shall pay the applicable chargee
established and shall meet such other conditions as required
by the Agency.
C.
2.4 LIMIT ATIONS ON UNPOLLUTED WATER
A. Unpolluted water, such as single pass cooling water, shall no1 be discharged directly or indirectly to the Agency's seweragf
facilities except as provided herein. Pursuant to SectiOl
3.26, et seq., the Agency may approve the discharge of SUd
water only when no alternate method of disposal or reuse i:
reasonably available and the discharge is necessary tc mitigate an environmental risk or health hazard.
The discharge of such waters shall require a Special PUrpOSc Discharge Permit from the Agency.
If a permit is granted for the discharge of such water into public sewer, the user shall pay any applicable charge
established and shall meet such other conditions as require by the Agency.
B.
C.
2.5 LIMITATIONS ON RADIOACTIVE WASTES
No person shall discharge, or cause to be discharged, any radioac tive waste into a public sewer except:
A. When the person is authorized to use radioactive materials h
the State Department of Health or other governmental agent empowered to regulate the use of radioactive materials:
When the waste is discharged in strict conformity with currer California Radiation Control Regulations (California code C Regulations, Title 17) for safe disposal;
C. When the person is in compliance with all rules and re912
tions of all other applicable regulatory agencies; and,
D. When a Class I1 permit has been obtained from EWA.
B.
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2.6
Waste from industrial or commercial grinders shall not be
charged into a public sewer, except wastes generated in packi preparing food or food products. Such grinders must shrec waste to a degree that all particles will be carried freely normal flow conditions prevailing in the public sewer.
LIMITATIONS ON THE USE OF GRINDERS 1
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2.7 LIMITATIONS ON POINT OF DISCHARGE
No person, except local sewering agencies involved in mint€
functions of sanitary sewer facilities, shall discharge wastewater directly into a manhole or other opening in a other than through an approved building sewer, unless appro\ the Agency upon written application by the user and payment c applicable fees and charges established herein.
2.8 LIMITATIONS ON WASTEHAULER DISCHARGES
A wastehauler/user proposing to discharge septic tank, CeL wastes or other biodegradable or compatible material int Agency's facility must have botlh a valid San Diego County I Department Permit and an EWA Wastewater Discharge Perm required by Section 3.20. Such wastewaters shall be disc, only at a location specified by the Agency.
No wastehauler/user shall discharge constituents in excess of specified in the respective permit based on the limits in Ta
No wastehauler shall discharge to the Agency any material d as hazardous waste by RCRA or 413 CFR 261.
2.9 LIMITATI ONS ON WASTEWATER GTH AND CHARA CTERISTICS
A. No person shall discharge wastewater in excess of the P ted mass emission rates or limits as determined in acto with Section 2.10 and/or Table I.
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R B. No person shall discharge wastewater:
1. Having a temperature higher than 140 degrees Fame
(60 degrees Centigrade), or which causes the temPe at the treatment plant to exceed 104 degrees Fahl
(40 degrees Centigrade).
2. Having a pH less than 5.5 or greater than 9.5.
3. Containing in excess of 0.01 mg/L of polychlol biphenyls as a daily inaximum to include, but not : to the following: Arcaclors 1016, 1221, 1228, 1232
1248, 1254, 1260, and, 1262.
4. Containing in excess of 0.01 mg/L of pesticide daily maximum, to anclude, but not limited
following: DDT (dichlorodiphenyltrichloroethane
isomers) , DDE (dichlorodiphenylethylene) , DDD (ai( diphenyldichloroethane) , Aldrin, Benzene Hexac: (alpha [a], beta [p], and gamma isomers), Chll Endrin, Endrin aldehyde, 2,3,7,8 -tetrachlorodibl dioxin (TCDD) , toxaphene, a-endosulf an, p-endo
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- Dieldrin.
5. Having waters or wastes which conrain more than two hundred mg/l of freon extractable organic fat, oil or
grease, unless a discharge permit is obtained, subject to Agency review.
6. Having waters or wastes having a Biochemical Oxygen
Demand (BOD) greater than three hundred mg/l (considered a typical BOD strength for residential users), Unless a
discharge permit is obtained, subject to Agency review.
7. Having a maximum BOD greater than 10,000 lbs per day: or
exceeding a 30 day average of 7,000 lbs/day.
8- Having waters or wastes containing more than three hundred mg/l of Total Suspended Solids (TSS) (considered
a typical TSS for residential users), unless a discharge permit is obtained, subject to Agency review.
9. Having a maximum TSS greater than 10,000 lbs per day: or exceeding a 30 day average of 7,000 lbs/day.
10- Having waters orwastes containing Total Dissolved Solids
(TDS) greater than 1,500 mg/1, unless a discharge permit is obtained, subject to Agency review.
11. Having waters or wastes containing inorganic oils,
including but not limited to motor oils, transmission oils, hydraulic fluids, gear oil, and machining oils.
12. Any wastewater that causes a hazard to human life OX creates a public nuisance.
13. Containing excessive flow or other materials, including, but not limited to, ammonia, chemical oxygen demand,
total organic carbon, priority pollutants (as established by EPA) , suspended solids, oil and grease of animal 01
vegetable origin, total dissolved solids, and phenolic
compounds released in a discharge at a flow rate and/ol
concentration which will cause problems, pass through, 01 interference with the sewerage facilities. Producing a gaseous mixture that is 10% or greater of thC lower explosive limit (LEL) . Prohibited material:
include, but are not limited to, gasoline, kerosenes
naphtha, benzene, toluene, xylene, ethers, ketones, an( alcohols.
Containing material which will readily settle or cause a1
obstruction to flow in the sewer resulting in interfer
ence, such as, but not limited to, sand, mud, glass
metal filings, diatomaceous earth, asphalt, dead animals wood, bones, hair, and fleshings.
16. In violation of any applicable Federal CategOriCa
Pretreatment Standards, State standards or other loca regulations covering wastewater disposal.
When the General Manager determines that a User(s) is contributin
to the POTW any of the above enumerated substances in such amount
as to interfere with the operation of the porn, the General Manage
shall: 1) Advise the User(s) of the impact of the contribution a
the POTW: and 2) Take such action as deemed necessary to correc the interference with the .Porn.
14.
15.
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2-10 FEDERAL CATEGORICAL PRETREATMENT STANDARDS
Upon the promulgation of the Federal Categorical Pretreaf
Standards for a particular industrial subcategory, the Fef
Standard, if more stringent than limitations imposed under
resolution for sources in that subcategory, shall immedit supersede the limitations imposed under this ordinance. General Manager shall notify all affected Users of the applic reporting requirements under 40 CFR, Section 403.12-
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2.11 STATE REQUIREMENTS
State requirements and limitations on discharges shall apply i case where they are more stringent than Federal requirement limitations or those in this ordinance.
2.12 MEMBER AGENCY REOUIREMENTS
Technically derived or otherwise defensible member agency 1 that are more stringent than Federal or State requirement:
limitations or those in this ordinance shall apply-
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LOCAL DISCHARGE LIMITS' mg/l
MILLIGRAMS/LITER CONSTITUENT
Arsenic 1.00
Cadmium 0.50 Chromium (Total) 2.30
1.20 Copper Lead 1-50
Nickel 1.25 Silver 0.70
Zinc 3.50
Phenolic Compounds 5.0
Mercury 0.10
Cyanide (Total) 1.00
Porychlorinated Biphenyls 0.01
Pesticides 0.01
Total Toxic Organics 1.00
Oil and grease organic 200 inorganic 100
5.5-9.5
140°F PH Temperature TDS 1500
a: Subject to more stringent standards as established by
Federal Categorical Pretreatment Standards.
2.13 MASS EMISSION RATE DETERMINATSON
A. Mass emission rates for non-compatible and/or compatibl
pollutants that are present or anticipated in the user'
wastewater discharge may be set for each user and made a
applicable part of each user's permit. These rates shall b
based on Table I , Local Discharge Limits, or Federal Categori
cal Pretreatment Standards, and the user's average dail
wastewater discharge for the past three years, the most recen
representative data, or other data acceptable to the Agency All mass emission rates must receive final approval by th General Manager.
To verify the user's operating data, the Agency may require user to submit an inventory of all wastewater streams and/c records indicating production rates.
The Agency may revise :Limits or mass emission rates previous: established in the discharger's permit at any time, based 01
current or anticipated operating data of the discharger 01: tl
Agency; the Agency's ability to meet NPDES limits; or chaw
in the requirements of Regulatory Agencies.
B.
C.
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D. The excess use of water to establish an artificially high
rate for mass emission rate determination is prohibited 1
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2.14 PROHIBITION ON INFECTIOUS WASTE
The Agency shall have the author.ity to require that any disc
of an infectious waste to the sewer be rendered non-infec
prior to discharge if the infectious waste is deemed to p threat to the public health and safety, or will result i violation of applicable waste discharge requirements.
2.15 LIMITATIONS ON DISPOSAL OF SPENT INDUSTRIAL SOLUTIONS
SLUDGES
A. Spent solutions, sludges, and materials of quantity Or g
in violation of, or prohibited by this ordinance, 0
permit issued under this ordinance must be disposed of
legal manner at a legally acceptable point of dispos
defined b'y the Agency or appropriate Regulatory Agency
waste manifests shall be retained for a minimum of
years, and made available to the Agency upon request.
E. No person shall batch dump, except as allowed by permi'
2.16 AGENCY'S RIGHT OF REVISION
The Agency reserves the right to establish by resolutior
stringent limitations or requirements on dischargers t
wastewater disposal system if deemed necessary to Comply Wi
objectives presented in Section 1.1 of this ordinance.
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DISCHARGE PERMITS, CHARGES, AND FEES
3.1 INTRODUCTION
A. To provide the maximum public benefit from the use of Agency facilities, written authorization to use said facilities is required. This written authorization shall be in the form Of a discharge permit. No vested right shall be given by
issuance of permits provided for in this ordinance.
B. The discharge permit shall be in one of six forms and is
dependent upon the type of discharger, volume, and charac-
teristics of discharge.
1. Class I Wastewater Discharge Permit.
2. Class I1 Wastewater Discharge Permit.
3. Class I11 Wastewater Discharge Permit.
4. Wastewater Discharge Permit.
5. Special Purpose Discharge Permit.
6. Groundwater Discharge Permit.
Permit fees and any other associated fees may be collected b] member agencies in an amount adopted by member agency resolu tion.
D. Every permit issued, reissued or renewed under this ordinam shall contain the following condition, or its equivalent: 'Tht permittee acknowledges that Encina Wastewater Authority, it! employees and agents, have the lawful authority; to enter UP01 permittee's premises at any time during permittee's operatin( hours for the purpose of conducting random inspections metering and sampling of permittee's effluent to determin permittee's compliance with the terms and conditions of thi
permit, and, by accepting the benefits of this permit consents to entries for such purposes during the life of thi permit. I*
The six discharge permits are:
C.
3.2 CIAZ~SS I WASTEWATER DISCHARGE PERMITS
A. For purposes of this ordinance, a Class I user is any use
subject to Federal Categorized Pretreatment Standards.
B. Class I wastewater discharge permits shall be express1
subject to all provisions of this ordinance and all othe
regulations, charges for use, and fees established by tl- Agency.
All Class I users proposing to discharge into a public Sew€ shall obtain a wastewater discharge permit by filing E
application pursuant to Section 3.3 before discharging.
C.
3.3 CLASS I WASTEWATER DISCHARGE PERMIT APPLICATION
A. Users seeking a Class I wastewater discharge permit sha:
complete and file with the Agency, prior to commencil
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discharge, an application on the form prescribed bl Agency. The user shall be required to submit, in Unit terms appropriate for evaluation, the following informat
1. Name, address, assessor's parcel number(s), S
number (s) , description of the manufacturing proce service activity:
2. (Whichever is applicable) name, address of any an principals/owners/majorshareholders of company; SeC of Incorporation; most recent Report of the Secret: State; Business License;
3. Volume of wastewater to be discharged;
4. Name of any responsible individual who can be serve(
notices other than officers of corporation;
5. Name and address of property owner, landlord i manager of the property;
6. Water supplier and wat:er account numbers;
7. Wastewater constituents and characteristics as t necessary by the Agenc:y, including, but not limit those mentioned in Section 2.12, Mass Emissior
Determination, Table 1,Discharae Limits, of this
nance. These constituents and characteristics sh determined by a laboratory of the discharger appra
the Agency (a new industrial source may use acce estimates in lieu of :Laboratory analysis):
8. Time and duration of discharge;
9. Number of employees and average hours of Wo1 employee per day: IO. Waste minimization and water conservation practic
11. Production records, if applicable;
12. Waste manifests, if applicable;
13. Landscaped area in square feet, if applicable;
14. Tons of cooling tower capacity, if applicable;
15. EPA Hazardous Waste Generator Number, if applicak
Users may also be required to submit site plans, floor
mechanical and plumbing plans, and details to show all : spill containment, clarifiers and appurtenances by location and elevation for evaluation.
C. Other information may be required to properly evaluz permit application,
D. After evaluation of the data, the Agency may issue
tewater discharge permit, subject to terms and conditi
forth in this ordinance and as otherwise determined
General Manager to be necessary to protect the A system.
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3.4 CLASS I PERMIT CONDITIONS, AND LIMITATIONS
A Class I permit may contain any of the following condit limitations:
A. Mass emission rates regulating non-compatible pollut?
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discharge or requirements -for flow regulation and equaliza-
tion:
C. Requirements to notify the Agency in writing prior to the
physical expansion of any wet processes:
D. Requirements for the user to construct and maintain, at his own expense, pH control, flow monitoring and/or sampling facilities:
E. Requirements for submission of technical reports, production
data, discharge reports, and/or waste manifests:
F. Requirements to self-monitor:
G. Requirements for maintaining a minimum of three years, plant
records relating to wastewater discharge and waste manifests as specified by Agency:
H. Actual or estimated rates or values for wastewater strength
characteristics:
I. Requirements to submit copies of water bills;
J. Other provisions which may be applicable to ensure compliance with this ordinance:
K. Other terms and conditions determined by the General Manager
to be necessary to protect the Agency's system.
3.5 CJASS I TERMS AND CONDITIONS
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the
Agency during the life of the permit based on:
1. The discharger's current or anticipated operating data.
2. The Agency's current or anticipated operating data.
3. Changes in the requirements of Regulatory Agencies which
affect the Agency.
B. New source indirect dischargers shall be required to install
and start up any necessary pollution control equipment before beginning discharge, and comply with applicable Federal Categorical Pretreatment Standards not to exceed thirty (30) days after the commencement of discharge.
C. The permittee shall request a modification to the terms and conditions of an issued permit prior to increasing the
contribution of flow, pollutants, or changing the nature of
pollutants where such contribution or change will cause the
permittee to be in violation of their permit or this ordina-
nce. The request shall- be in writing stating the requested
change, and the reasons for the change. The Agency shall
review the request, make a determination on the request, and
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respond in writing. or denied. The permittee's request may be app:
D. Permittee shall be informed of any change in the Pi limitations, conditions, or requirements at least forty
(45) days prior to the effective date of change. Any ch
or new conditions in the permit shall include a reas0
time schedule for compliance.
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3.6 CLASS I PERMIT DURATION AND RENEWAL
Class I permits shall normally be issued for a period not to e
one (1) year. At least two months prior to expiration 0 permit, the user shall apply fox renewal of the permit in a
dance with the provisions of this Section 3. I
3.7 CLASS I WATER RECORDS
To determine actual annual water use the Agency normally ret copies of actual water bills as a permit condition. If these
bill copies are not received by July 31 of each year fc
12-month period ended closest to June 30, the Agency will en( to obtain the correct water use data. There may be a fee . for Agency administrative costs when water use data are obtai the Agency.
3.8 CLASS I1 WASTEWATER DISCW.GE PERMITS
A. For purposes of this Ordinance, a Class I1 user includ
1. All non-categorical significant users disch wastewater which may contain at any given time,
the components that the Agency determines neceSS
regulate as specified in Section 2.5, Limitatii Radioactive Wastes: Section 2.9, Limitations on
water Strenath and Characteristics, or Section 2.1; Emission Rate Determination, Table I, Local Dis
Limits :
2. Any user discharging wastewater which may CaU determined by the General Manager, pass throl interference with the Agency's system and that
otherwise required to obtain a Class I permit.
B. Class I1 wastewater discharge permits shall be ex1 subject to all provisions of this ordinance and all regulations, charges for use and fees established Agency.
All Class I1 users proposing to discharge into a publi
shall obtain a wastewater discharge permit by fil
application pursuant to Section 3.9 before dischargin
C.
3.9 CLASS I1 WASTEWATER DISCHARGE PERMIT APPLICATION
A. Users seeking a Class I1 wastewater discharge permi
complete and file with the Agency, prior to corn
discharge, an application on the form prescribed
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r- d----J - ---- ---- ------ -- "x.-----. -- ----- ~ terms appropriate for evaluation, the following information:
1. Name, address, assessor's parcel number(s) and S.I.C.
number (s) ; description of the manufacturing process or service activity.
2. (Whichever is applicable) Name, address of any and all
principals/owners/majorshareholdersofcompany; Sections
of Incorporation; most recent Report of the Secretary of State; Business License;
3. Volume of wastewater to be discharged;
4. Name of any responsible individual who can be served with
notices other than officers of corporation;
5. Name and address of property owner, landlord and/or manager of the property;
6. Water supplier and water account numbers:
7. Wastewater constituents and characteristics as deemed
necessary by the Agency, including, but not limited to,
those mentioned in Section 2.12, Mass Emission Rate
Determination. Table I. Discharue Limits of these Ordinance. These constituents and characteristics shall
be determined by a laboratory of the discharger approved
by the Agency (a new industrial source may use acceptable estimates in lieu of laboratory analysis);
8. Time and duration of discharge;
9. Number of employees and average hours of work per employee per day;
10. Waste minimization and water conservation practices.
11. Production records, if applicable:
12. Waste manifests, if applicable;
13. Landscaped area in square feet, if applicable;
14. Tons of cooling tower capacity, if applicable;
15, EPA Hazardous Waste Generator Number, if applicable.
Users may also be required to submit site plans, floor plans,
mechanical and plumbing plans, and details to show all sewers,
spill containment, clarifiers, pretreatment systems, and appurtenances by size I location and elevation for evaluation.
C. Other information may be required to properly evaluate the permit application.
D. After evaluation of the data furnished, the Agency may issue a wastewater discharge permit, subject to terms and conditions set forth in this ordinance and as otherwise determined by thc General Manager to be necessary to protect the Agency's system.
B.
3.10 CLASS I1 PERMIT CONDITIONS AND LIMITATIONS
The issuance of a Class I1 permit may contain any of the followin? conditions or limitations.
A. Limits on rate of discharge and time period restrictions 01
discharge or requirements for flow ordinances and equaliza-
tion:
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B. Requirements to notify the Agency in writing prior tf
physical expansion of any wet processes:
C. Requirements for the user to construct and maintain, a
own expense, pH control, flow monitoring and/or Sam facilities;
Requirements for submission of technical reports or disc reports and waste manifests;
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D.
E. Requirements to self-monitor;
F. Requirements for maintaining plant records relatir wastewater discharge and waste manifests as specifi
Predetermined rates or values for wastewater strength cl
teristics;
Requirement to submit copies of water bills;
Other provisions which may be applicable to ensure cOmP with this ordinance;
J. Other terms and conditions determined by the General M
I Agency ;
G.
H.
I.
to be necessary to protect the Agency's system.
3.11 CLASS I1 TERMS AND CONDITfONS
A. The terms and conditions of an issued permit may be sub: modification and change i.n the sole determination
Agency during the life of the permit based on:
1. The discharger's current or anticipated operatinc
2. The Agency's current or anticipated operating dal
3. Changes in the requirements of Regulatory AgenCit
B. The permittee shall request a modification to the tel conditions of an issued permit prior to increasi
contribution of flow, pollutants, or changing the nal
pollutants where such contribution or change will cal
permittee to be in violation of their permit or thi:
nance. The request shall be in writing stating the re change, and the reasons for the change. The AgenC! review the request, make a determination on the reque respond in writing. The permittee's approval may be a or denied.
C. Permittee shall be informed of any change in the
limitations, conditions, or requirements at least for
(45) days prior to the effective date of change. Any
or new conditions in the permit shall include a re3 time schedule for compliance.
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Class I1 permits shall be issued for a period not to exceed tW0 (2) years. At least two months prior to expiration of the permit the user shall apply for renewal of the permit in accordance With the provisions of this Section 3.
3.13 CLASS I1 WATER RECORDS
To determine actual annual water use the Agency normally requires
copies of actual water bills as a permit condition- If these water
bill copies are not received by July 31 of each year for the
12-month period ended closest to June 30, the Agency Will endeavor to obtain the correct water use data, There may be a fee levied
for Agency administrative costs when water use data are obtained by the Agency.
3.14 CLASS 111 WASTEWATER DISCHARGE PERMITS
A. For purposes of this Ordinance, a Class I11 user is any user:
1.
2. Having a reasonable potential to adversely affect- the
3. Not required to obtain a Class I or Class I1 permit.
B. Class 111 wastewater discharge permits shall be expressly
subject to all provisions of this ordinance and all other
ordinances, charges for use and fees established by the Agency.
All Class 111 users proposing to discharge into a public Sewer
shall obtain a wastewater discharge permit by filing an
application pursuant to Section 3-15 before discharging.
Discharging waste other than domestic waste only:
EWPCF; and
C.
3-15 CLASS I11 WASTEWATER DISCHARGE PERMIT APPLICATION
A. Users seeking a Class I11 wastewater discharge permit shall
complete and file with the Agency, prior to commencing
discharge, an application on the form prescribed by the
Agency. The user may be required to submit, in units and terms appropriate for evaluation, the following information:
1. Name, address, assessor8s parcel number(s), S-1-C-
number(s), description of the manufacturing process 01 service activity;
2, (Whichever is applicable) name, address of any and all
principals/owners/majorshareholders of company: Sections
of Incorporation: most recent Report of the Secretary Of State: Business License;
3. Volume of wastewater to be discharged;
4. Name of any responsible individual who can be served wit1
notices other than officers of corporation;
5. Name and address of property owner, landlord and/ol manager of the property;
6. Water supplier and water account numbers;
7. Time and duration of discharge:
8. Waste minimization and water conservation practices-
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.A ..
9. Tons of cooling tower capacity, if applicable;
10. Number of employees and average hours of WOr.
11. Landscaped area in square feet, if applicable.
Users may also be required 'to submit site plans, floor I
mechanical and plumbing plans and details to show all SI
spill containment, clarifiers, pretreatment systems appurtenances by size, 1ocal:ion and elevation for evalua
C. Other information may be required to properly evaluad
permit application.
D. After evaluation and acceptance of the data furnishe( Agency may issue a discharge permit, subject to ten conditions set forth in this ordinance and as 0th determined by the General Manager to be necessary to F
the Agency's system,
employee per day: and
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3.16 CLASS I11 PERMIT CONDITIONS AND LIMITATIONS
The issuance of a Class 111 permit may contain any of the fol
conditions or limitations:
A. Limits on rate and time of discharge or requirements fc
ordinance and equalization;
physical expansion of any wet processes which imp= public sewer system.
C, Requirements for the user to construct and maintain,
own expense, pH control, flow monitoring and/or S
facilities;
Requirements for submission of technical reports or di
reports and waste manifests;
B. Requirements to notify the Agency in writing prior
D.
I E. Requirements to self-monitor;
F. Requirements for maintaining a minimum of three yeare
records relating to wastewater discharge and waste ma as specified by Agency;
G - Predetermined rates or values for wastewater strength teristics;
H. Requirement to submit copies of water bills;
I. Other provisions which may be applicable to ensure CO1 with this ordinance;
J. Other terms and conditioris determined by the General
to be necessary to protec:t the Agency's system.
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3.14 LLAbb 111 'I'EKMS AND CUNUI'I'IUNS
A. The terms and conditions of an issued permit may be subject to
modification and change in the sole determination by the Agency during the life of the permit based on:
1. The discharger's current or anticipated operating data.
2. The Agency's current or anticipated operating data.
3. Changes in the requirements of Regulatory Agencies which
affect the Agency.
Permittee may request a modification to the terms and condi- tions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change.
The Agency shall review the request, make a determination on the request, and respond in writing.
C. Permittee shall be informed of any changes in the permit limitations, conditions, or requirements at least forty-five
(45) days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable time schedule for compliance.
B.
3.18 CLASS I11 PERMIT DURATION AND REN EWA&
Class I11 permits shall be issued for a period not to exceed three
(3) years. At least two months prior to expiration of the permit,
the user shall apply for renewal of the permit in accordance With the provisions of this Section 3.
3.19 WASTEHAULER DISCHARGE PERMIT
A. Wastehauler discharge permits shall be expressly subject ta
all provisions of this ordinance and all other regulations,
charges for use, and fees established by the Agency.
B. A wastehauler discharger proposing to discharge septic tank
waste to the Agency's sewage facilities (see section 2.8
Limitations on Wastehauler Discharaes) shall obtain both a
wastehauler discharge permit and a valid County of San Diegc Health Department Permit, before discharging.
3.20 WASTEHAULER DISCHARGE PERMIT APPLICATION
A. Users seeking a wastehauler discharge permit shall complete
and file with the Agency prior to commencing discharge, a1
application in a form prescribed by the Agency. The usel
shall be required to submit, in units and terms appropriate for evaluation, the fol.lowing information:
1. Name, address, telephone number, and description of tht
industries, or clients using the user's services;
2. (Whichever is applicable) Name, address of any and al: Principals/ownersJmaj or shareholders of the company
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Articles of Incorporation; most recent Report 0
Secretary of State; Business License;
3. Name and address of leaseholder of the vehic: trailer, if applicable;
4. Number of trucks and trailers and the license numbel
tank hauling capacity of each.
5. County of San Diego Health Department Permit Numb€
B. Other information may be required to properly evaluat permit application.
C. After evaluation of the dat.a furnished, the Agency may
a wastehauler discharge peinnit, subject to terms and '
tions set forth in this ordinance and as otherwise dete:
by the General Manager to bo necessary to protect the AS1 system.
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3.21 WASTEHAULER DISCHARGE PERMILT CONDITIONS AND LIMITATION
The issuance of a wastehauler permit may contain any c following conditions or limitations:
A, Limitations on discharge of heavy metals and other pX pollutants,
B, Requirements for maintaining and submitting wastet records and waste manifests.
Additional requirements as otherwise determined neces:
the General Manager to protect the District's system specified by other Regulatory Agencies.
C.
3.22 TRAN SFERABILITY
The wastehauler discharge permit is non-transferable.
The gate access card is issued to a specific permitted vehi is non-transferable unless previously authorized in writing 1 Agency.
3-23 TERMS AND CONDITIONS
A. The terms and conditions of an issued permit may be SUk
modification and change in the sole discretion by the during the life of the permit based on:
1,
2.
The discharger's current or anticipated operatir
The Agency's current or anticipated operating de I 3. Changes in the requirements of Regulatory AgenCj
Permittee may request a modification to the terms anC
tiOnS of an issued permit:, The request shall be in stating the requested change, and the reasons for the The Agency shall review the request, make a determinz the request, and respond in writing.
B.
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~- ~ ~- ~ -- I__ --___ ~__ * limitations, conditions, or requiremks at least forty-five
(45) days prior to the effective date of change. Any changes
or new conditions in the permit shall include a reasonable
time schedule for compliance.
3.24 PERMIT DURATION AND RENEWAL
Wastehauler discharge permits shall be issued for a period not to exceed one (1) year. Upon expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Section 3.
3.25 WASTEHAULER DISCHARGE PERMIT CHARGE FOR USE
A charge for use to cover all costs of the Agency for providing the
disposal station service and monitoring shall be established by resolution of the Board of Directors.
3.26 SPECIAL PURPOSE DISCHARGE PERMITS
A. Special purpose discharge pennits shall be expressly subject
to all provisions of this ordinance and all other ordinances,
charges for use, and fees established by the Agency.
Be A special purpose user proposing to discharge septic tank
waste, surface runoff (including area drainage), subsurface
drainage, or unpolluted water directly or indirectly to the
Agency's sewerage facilities (see Section 2.3, Lim itations on Surface Runoff and Groundwater, and Section 2.4, LirnitatiOllE on Unpolluted Watey) shall obtain a special purpose discharge
permit before discharging. This discharge permit may be granted when no alternative method of disposal is reasonably
available, and the discharge is necessary to mitigate an environmental risk or health hazard.
3.27 SPECIAL PURPOSE DISCHARGE PERMIT APPLICATION
A. User seeking a special purpose wastewater permit shall
complete and file with the Agency, prior to commencing
discharge, an application in the form prescribed by the
Agency. This application shall be accompanied by any applica-
ble fees, plumbing plans, a detailed analysis of the alterna-
tives for water disposal, or other data as needed by the Agency for review.
After evaluation of the data furnished, the Agency may issue
a special purpose wastewater discharge permit, subject tc
terms and conditions set forth in this ordinance and as
otherwise determined by the General Manager to be necessary tc
protect the Agency's system, NPDES Permit criteria, sludge
management criteria, or the reuse potential of the water bl the Agency.
8.
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3.28 SPECIAL PURPOSE DISCHARGE PERMIT CONDITIONS AND LIMITA'
A. Discharge conditions and limitations shall be no less S'
gent than Section 2.5, &&,itations on Radioactive Wa Section 2.9, Limitations on Wastewater Strenath and Ch teristics; and Section 2.12 , Mass Emission Rate Determina Table I. Local Discharae Limits.
The Agency may specify and make part of each Special Pu Discharge Permit specific pretreatment requirements or
terms and conditions determined by the General Manager necessary to protect the Agency's Sewerage Facility, Sewering Agency, or to comply with Regulatory Ager requirements and to assess user charges.
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3.29 SPECIAL PURPOSE DISCHARGE PERMIT CHARGE FOR USE
A charge for use to cover all costs of the Agency for pro1
sewerage senrice and monitoring shall be established by the Gc
Manager. A deposit determined by the General Manager
sufficient to pay the estimated charges for use may be requi:
accompany the Special Purpose Discharge Permit applicatior
said deposit, if any, shall be applied to the charges for U:
3.30 SPECIAL PURPOSE DISCHARGE TERMS AND CONDITIONS
A. The terms and conditions of an issued permit may be subj modification and change in the sole discretion of the during the life of the pennit based on:
1. The dischargerls current or anticipated operating
2. The Agency's current or anticipated operating dat
3. Changes in the requirements of Regulatory Agencie
Permittee may request a modification to the terms and tions of an issued permit. The request shall be in ti stating the requested change, and the reasons for the C
The Agency shall review the request, make a determinat
the request, and respond in writing.
C. Permittee shall be informed of any changes in the pel least forty-five (45) days prior to the effective d change. Any changes or new conditions in the permit
include a reasonable time schedule for compliance.
B.
3.31 SPECIAL PURPOSE DISCHARGE PERMIT DURATION AND RENEWAL
Special purpose discharge permits shall be issued for a per
to exceed one (1) year, but may be renewed as determined
General Manager. Users seeking permit renewal shall comp
all provisions of this Section 3. I
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A. Groundwater wastewater discharge permits shall be expressly subject to all provisions of the Resolution and all other regulations, charges for use, and fees established by the Agency. The conditions of wastewater discharge permits shall be uniformly enforced by the Agency in accordance with this
ordinance and applicable State and Federal Regulations.
Requests to authorize the discharge of cleaned up groundwater
shall be approved by the EWA on a temporary and conditional
basis only, and only if the applicant (potential discharger)
has documented that (1) the applicant and the polluted groundwater are within the Encina service area and within the
jurisdiction of a member agency, (2) the applicant possesses a legal connection to the sanitary sewer of a member agency,
(3) the member agency has adequate capacity to accept the proposed flow, (4) there is no other economically and techni-
cally feasible method to dispose of the proposed discharge,
(5) the technology and equipment used provide adequate
assurance that there will be no adverse impacts on the mCF,
its employees, or its discharges, and (6) the applicant has adequate resources, and or insurance to fully indemnify the EWA and the Encina Joint powers from any and all claims and/or damages arising out of or in connection with the proposed discharge.
B.
3.33 GROUNDWATER DISCHARGE PERMIT APPLICATION
A. Applicants shall submit written requests to the member agency in whose service area they are located.
The member agency shall require that the application include
all of the following:
1. Full address of the location of the site from which the cleaned up groundwater is to be discharged,
2. The full name and address of the owner of the cleanup site,
3. A detailed history of the discovery of the pollutant and/or contaminants that resulted in cleanup being required,
4. The approximate quantity, in gallons per day, that is proposed to be discharged into the Encina Joint System,
5. Whether the groundwater has been or may be classified as
toxic or hazardous using the criteria established bY ordinance of the EPA, the state of California, and/or the
San Diego Regional Water Quality Control Board,
6. A detailed description of the pretreatment, if any,
required by the San Diego Regional Water Quality Control Board.
7. A detailed description of the alternative considered, including reasons why all other discharge alternatives were not pursued,
8. A detailed description of any pretreatment prograa proposed to be established and implemented by thc applicant prior to discharge of any cleaned up ground- water.
B.
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9. The full name and addresses of the employees a
officers of applicant who will be responsible f0
pretreatment program of the applicant,
10. A site plan showing the layout of existing facili
extent of groundwater contamination, and locati proposed cleanup wells and treatment facilities,
11. The amount of any general liability and envirom
impairment liability iiisurance covering applicant i time the application is submitted, the inceptlo expiration dates (s) of any general liability ins1 policy (s) , whether such insurance policy ex( coverage for damages resulting from discharge of COI
nated groundwater, the name and address of the ins1 agent for applicant and the name and address c insurance company that issued the general lia policy (s) that provide such insurance coverage f ( applicant, and,
12. The type of commercial, industrial, or other ac that is being or has been operated or conducted cleanup site.
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1. whether policy criteria 1 through 3 have been met
2. whether the member agency wishes to reject the ay tion or apply for authorization from the EWA.
D. If the member agency wishtes to apply for authorizat accept the discharge, the member agency shall submit a (
the application.
Agency all required information as part of the appl. written request e
F. Within forty-five (45) days after EWA receives a ’ request by an applicant to discharge cleaned up grou
EWA staff will advise the applicant whether the req
complete. If the application is incomplete or insuff
EWA staff will notify the applicant in writing and Wil the applicant thirty (30) days to furnish the add information. If at the end of thirty (30) days the a
tion is still incomplete, the application will be con
withdrawn. Once the application is deemed complete,
will have one hundred and twenty (120) days to make sion. The member agency will be notified in writing decision within ten (10) days following the decision.
EWA staff will review the completed application and pl written recommendation to the EWA. If EWA staff rec that the EWA authorize the. discharge, the recommendat. include all conditions (monitoring, sampling, 1 reporting, etc.) that EWA. staff believes should be mi
of the authorization. If EWA staff believes that the 1 discharge will adversely affect Encina, a recommend: deny the request will be made.
E. Applicants shall submit to EWA on forms prescribed
G.
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or not to authorize the member agency to accept the proposed
discharge. Any authorization from EWA will require that the
member agency include all the conditions approved by EWA in
any groundwater discharge permit issued by the member agency
to the applicant.
I. The following conditions will be included in all authoriza- tions made by EWA:
1. Authorization shall be non-transferable and shall be given for no more than a year at a time.
2. Authorization renewals will be considered only if the applicant submits a written request through the appropri- ate member agency, describing any and all changes in
conditions since the original application was filed, to
the EWA at least sixty (60) days before the authorization
expires.
The member agency inust require the applicant to allow an
EWA representative to inspect, monitor, and/or sample a8
needed to ensure that no harm comes to the EWPCF, its
employees, or its discharge.
The member agency must require that the applicant pay EWA
costs associated with such tasks directly to the member
agency .
The member agency must require that the applicant have an
executed indemnity agreement with the member agency, prior to initiating any discharge, that holds EWA and the Encina Joint Powers harmless from any and all costs, claims and/or damages arising out of or in connectiol:
with the discharge of the cleaned up groundwater. The indemnity shall include all costs incurred by EMA in the
investigation and/or defense of any claims.
The member agency must require that the applicant elthel maintain throughout the period of discharge general
liability or environmental impairment insurance coverage
covering all liability for damages resulting from the
discharge in an amount of not less than five millio1
dollars ($5,0OO,OC)O) or have an uncommitted net worth 01 five million dollars ($5,000,000) or more.
7. The member agency must require that the applicant St01 discharging within twenty-four (24) hours of notice fro1 the EWA or its General Manager.
None of the following types of discharges will be authorized:
1. Toxic and/or hazardous discharges.
2. Discharges that violate any federal, state, or local law,
K. Requests for authorization renewal shall be reviewed an( considered in the same manner as original applications, excepl that no processing fee shall be charged. Any testing neces- sary to substantiate changed conditions shall be conducted ant
charged directly to the applicant as allowed for in Section:
1(3) and (4).
3.
4.
5.
6.
J.
regulation, or rule.
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Industrial wastewater discharge permits for dischargers loc
outside of the Agencyls service area but tributary to the Ager
sewerage facilities may be issued by a member agency after appr
by the Agency. The Agency shall have the right of inspectior sampling of the user's discharge to determine compliance
industrial waste discharge ordinances. Sampling and inspec will be made under a coordinated pian developed with the :
agency. The more stringent of the industrial waste disc1 ordinances and effluent limitations of the Agency and the
agency shall apply to the discharger.
Permit fees and any other associated fees may be collected b
appropriate member agency in an amount adopted by member a resolution.
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SECTION 4
FACILITIES REQUIREMENTS
4.1 PRETREAmENT FACILITIES
A. All users shall provide wastewater acceptable to the Agency,
under the limitations established herein before discharging to
any public sewer. Any facilities required to pretreat or
transport wastewater shall be provided and maintained by a
qualified operator and in proper operating condition at the
user's expense,
All users may also be required by the Agency to submit waste
analysis plans, contingency plans, and meet other necessary
requirements to ensure proper operation of the pretreatment facilities and compliance with permit limits and this ordi-
nance .
No user shall increase the use of water or in any other manner
attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this ordinance and the user's Permit.
B.
C.
4.2 SPILL CONTAINMENT FACILITIES
All users shall provide spill containment for protection against
discharge of prohibited materials or other wastes regulated by this
ordinance. Such protection shall be designed to secure the
discharges and to prevent them from entering into the system in
accordance with reasonable engineering standards. Such facilities shall be provided and maintained at the user's expense.
4.3 MONITORING/METERING FACILITIES
A. Agency may require the user to construct and maintain in
proper operating condition at the user's sole expense, flow
monitoring, constituent monitoring and/or sampling facilities.
B. Any sample taken from a sample box or other representative
sampling location is considered to be representative of the discharge to the public sewer.
Monitoring or metering facilities may be required to include
a security closure that can be locked with an Agency provided
hasp lock during sampling or upon termination of service.
D. Location of the monitoring or metering facilities shall be
subject to approval by the Agency.
E. Location of the monitoring or metering facilities shall
provide clear and uninterrupted access by the Agency.
C.
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4.4 DRAWING SUBMITTAL REOUIREMENX
A. Detailed plans shall be submitted to the Agency for red
existing or proposed construction of pretreatment faClli
spill containment facilities, monitoring facilities, met
facilities, and operating procedures. Agency approval
be received prior to commencement of construction. The I
of the plans and procedures shall in no way relieve thc
of the responsibility of modifying the facilities or I
dures in the future, as necessary, to meet the requireme] this ordinance or any requirements of other Re-:
Three copies of all drawings shall be submitted for re'
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B.
C. All drawings shall include: +
1. North arrow;
2. Scale size:
3. User name and address;
4.
5. Date drawn or revised;
6.
Drawing name and drawing number;
Name of draftsman and name of person approving dra
D. The Agency may require drawings to scale depictir
manufacturing process (waste generating sources) I
containment, pretreatment facilities, and/or moni
/metering facilities.
The Agency may require a schematic drawing of the pretre
facilities.
The Agency may require the drawinqs be prepared by a (3
nia Registered Chemical, M:echanical, or Civil Engineel
E.
F.
4.5 WASTE MINIMIZATION REOUIREMENTS
User shall provide waste mini:mization plans to conserve investigate product substitution, provide inventory C'
implement employee education, and take other steps as neces minimize waste produced.
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"A4"**VI. 4
MONITORING,REPORTING,NOTIFICATION,& INSPECTION REQUIREMENTS
5.1 MONITORING FOR COMPLIANCE WITH PERMIT CONDITIONS OR REPORTING REOUIREMENTS
The Agency may require reports for self-monitoring of wastewater
constituents and characteristics of the discharger needed for
determining compliance with any limitation, or requirements as
specified in the user's pennit, Federal Regulations, or this ordinance. These reports include:
(1) Baseline Monitoring Reports (Bm)
(2) Compliance Schedule Progress Reports
(3) 90-Day Compliance Reports
(4) Periodic Reports on continued compliance
(5) Other reports as required by the Agency
Monitoring reports of the analyses of wastewater constituents and
characteristics shall be in a manner and form approved by the
Agency and shall be submitted upon request of the Agency. When applicable, the self-monitoring requirement and frequency of reporting shall be set forth in the user's permit and for non- categorical SIUs monitoring reports shall be obtained at least once every six months. The analyses of wastewater constituents and characteristics and the preparation of the monitoring report shall be based on sampling and analyses performed in the period covered
by the report and shall be done at the sole expense of the user. Failure by the user to perform any required monitoring and/or to submit monitoring reports required by the Agency shall be a violation of this ordinance, may result in a determination that the permittee is in significant non-compliance, and be cause for the Agency to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for any limitations and requirements specified in the user's permit or in this ordinance. The user shall be! responsible for any and all expenses
of the Agency in undertaking such monitoring analyses and prepara- tion of reports.
5.2 INSPECTION AND SAMPLING CONDITIONS
A. Agents or employees of the Agency may inspect and sample the
wastewater generating and disposal facilities of any User to
ascertain whether the intent of this ordinance is being met and the user is complying with all requirements. Inspections
shall be scheduled randomly during operating hours of the user facility, and shall be conducted at least one a year at the premises of each SIU.
B. The Agency shall have the right to set up on the User's property or other locations as determined by the Agency, such
devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force, the user shall make necessary arrangements so that personnel from
the Agency will be permitted eo enter without delay for the
purpose of performing their specific responsibilities.
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c. In order for the Agency to deitermine the wastewater charac istics of the discharger for purposes of determining COI ance with permit requirements, the user is required to
available for inspection and copying by the Agency
notices, self -monitoring reports, waste manifests, and ref
including, but not limited to, those required in the Fel Pretreatment Requirements without restriction but subje the confidentiality provision set forth in Section 103 he
All records are to be kept a minimum of three (3) years
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5.3 RIGHT OF ENTRY
Persons or occupants of premises where wastewater is creat discharged shall allow the Agency, or its representat reasonable access during operating hours to all parts o wastewater generating and disposal facilities as necessary f c purposes of inspection and sampLing to determine compliance permit terms and conditions or the provisions of this ordir without prior notice.
5.4 NOTIFICATION OF SPILL OR SLUG LOADING
A. In the event the discharger is unable to comply with i the permit conditions due to a breakdown of equil accidents caused by human error or acts of God, c discharge will exceed the provisions of Section 2.5 discharger shall notify the Agency by immediately telep as soon as the discharger has knowledge of, the inciden
The discharger shall confirm this notification in Wit soon as possible, but no later than five (5) working da], the telephone notification. The written notification state the date of the incident, the reasons for the dis
or spill, what steps were taken to immediately corre problem, and what steps are being taken to prevent the F from recurring.
Such notification shall not relieve the user of any e,
loss, damage or other liability which may be incurre result of damage or loss to the Acfency or any other day loss to person or property; nalr shall such notif: relieve the user of any fees or other liability which imposed by this ordinance or other applicable law.
B.
C.
5.5 NOTIFICATION OF BYPASS
A. Bypass of industrial wastewater to the sewer is proh The Agency may take enforcement: action against tht unless:
1. Bypass was unavoidable to prevent loss of life, P injury, or severe property damage;
There were no feasible alternatives to the bypas
as the use of auxiliary treatment facilities, rE of untreated wastes, or maintenance during normal of equipment downtime. This condition is not s2 if adequate backup equipment should have been ir
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-a. c.Al= Gn-L+Aa= W,L LeaauiiauAe englrlerr Lng J uuYmf=IlL Lu prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
The permittee submitted notices as required under Section
5.4.
3.
B. If a permittee knows in advance of the need for a bypass, it
shall submit prior notice to the Agency, if possible at least
ten (10) days before the date of the bypass.
The Agency may approve an anticipated bypass after considering its adverse effects, if the Agency determines that it Will meet the conditions listed in 5.5(A)(1-3).
D'. A permittee shall submit oral notice of an unanticipated bypass that exceeds their permitted discharge limitations, to the Agency, immediately after the user has knowledge of the
bypass. A written report shall also be provided within five
(5) working days of the time the permittee becomes aware Of the bypass, The report shall contain a description of the
bypass and its cause: the duration of the bypass, including exact dates and times, and, if the bypass has not been cor-
rected, the anticipated time it is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent
recurrence of the bypass. Failure to submit oral notice Or
written report may be grounds for permit revocation.
Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a
result of damage or loss to the Agency or any other damage Or
loss to person or property; nor shall such notification
relieve the user of any fees or other liability which may be imposed by this ordinance or other applicable law.
C.
E.
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SECTION 6
ENFORCEMENT
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6.0 PURPOSE AND SCOPE
A. The EWA finds that in order for the Agency to comply Wit laws, ordinances, and rules imposed upon it by Regul Agencies and to ensure that the Agency's facilities treatment processes are protected and are able to operatc
the highest degree of efficiency, and to protect the E health , safety and environment, specific enforcement E sions must be adopted to govern monitoring requiren compliance orders and disclnarges to the Agency's syst industrial discharge permittees.
To ensure that all interested parties are afforded due PI
of law and that non-compliance and violations are resol'
soon as possible, the general policy of the Agency is th
Notice of Correction, Enforcement Compliance Schedule J
ment (ECSA) , or Regulatory Comp.Liance Schedule Agri
(RCSA) should first be determined and made by the Tec Services Director or the Source Co,ntrol staff (Environ
Specialist and Industrial Waste Control Representatives)
a right of appeal by the permittee to the General M
pursuant to the procedures set forth in Section 6.16. A
permittee, or applicant for a permit may request the hear an appeal on the General Manager's decision pursu
Section 6.17. Such a request may be granted or denied
Board of Directors of the EWA. Any permit suspens
revocation proposed by the Source Control staff will bE and a recommendation made to the General Manager 1 Technical Services Director or the Environmental Specia:
other person designated by the General Manager with a r: appeal of the General Manager's order by the permittee Board of Directors of the EWA pursuant to the provisj Section 6.17. Actions and decisions by the Technical S( Director or the Environmental Spec:ialist are made pursi a delegation of authority by the General Manager as aut] by Section 1.5 of this ordinance.
C. Non-compliance fees as specified in Tables I1 and I11
maximum rates for administrative penalties (as author Government Code 5 54740.5(d)) may be revised from time as adopted by the Board of Directors of the EWA.
6.1 NON-COMPLIANCE WITH PERMIT CONDITIONS AND APPLICABLE
A. Routine SamDlina - Procedures
B.
1. Routine sampling of all permittees shall be condl the time , place , manrier , and frequency determinet sole discretion of the Agency, provided that non-c ical SIUs shall be inspected, on a random basis, i 1 annually.
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-- Avvlr-UUUpAAalAbG WAUL uta== caulaskon LCLL~: LL~LLS, L;UI1C;txlLTd' tions, permit discharge conditions, and/orthis ordinance
may be determined by an analysis of a grab or a composite
sample of the effluent of a permittee.
B. Routine SamDlincr - Non-Compliance Fees
1. If routine sampling of the effluent 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 this ordinance, then the permittee may
be required to pay fees to the Agency as specified in
Section 6, Schedule A of Tables I1 and 111. The purpose
of the non-compliance fees is to compensate the Agency 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 6.15
and 6.16.
The non-compliance fees specified shall commence on the date the sampling establishes non-compliance, and shall
continue to accumulate for each day continuing non-
compliance is verified by sampling.
Any non-compliance fees collected under these provisions
shall be used solely to defray the additional costs of sampling, monitoring, laboratory analysis, treatment, disposal, and adninistrative processing incurred in
connection with the non-compliance or pattern of non- compliance.
2.
3.
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Dollars Per Pound Per Day in Excess of Limit*
Schedule Schedule Schedr
I1 All 11 Bll ,IC" -
Arsenic $ 150.00 $ 300.00 $ 450
Cadmium 1,500.00 3,000.00 4,500
Chromium (Total) 150.00 300.00 450
Copper 150.C10 300.00 450
Lead 120.00 -240.00 3 60
45c Mercury 150 . 00 300.00
Nickel 75 . 00 150 . 00 225
Silver 150 . 130 300.00 45(
Zinc 75.00 150 . 00 221
Cyanide (Total) 75.00 150.00 22!
PCB * s 10,000.00 20,000.00 30,OO
Pesticides 10,000.00 20,000.00 30,OO
Total Toxic Organics 150.00 300.00 45
Phenols 75.00 150.00 22
* There may be an additional administration fee, adoptc by the Board of Directors, to process each non- compliance invoice.
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS AND MASS EMISSION RATE LIMITS
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Dollars Per Hundred Pounds
Per Dav in Excess of Limit*
Schedule Schedule Schedule
I1 All 11 BIl 11 C"
B.O.D. $ 15.00 $ 30.00 $ 45.00
Suspended Solids 15.00 30.00 45.00
Oil and Grease (Animal or
Vegetable Origin) 200.00 400.00 600.00
Oil and Grease (Mineral or
Petroleum Origin) 300.00 600.00 900.00
Total Dissolved Solids 20.00 40.00 60.00
Dollars Per Hour In Excess of Limit*
pH Ranae Schedule ltA1' Schedule IrB & Cn
<1.5 $ 125.00 $ 165.00
1.6 - 2.5 100 e 00 130 . 00
2.6 - 3.5 75.00 100.00
3.6 - 4.5 50.00 65.00
4.6 - 5.5 25.00 35.00
9.6 - 10.5 25.00 35.00
10.6 - 11.5 50.00 65.00
11.6 - 12.5 75.00 100.00
>12 e 5 100.00 130.00
Hourly pH non-compliance will be determined by pH recording data or grab sample(s) or hourly composite sample (s) .
* There may be an additional administration fee, adopted
by the Board of Directors, to process each non-compliance invoice.
6.2 NOTICE OF CORRECTION
A. Grounds
In the event the Source Control staff determines that a perm:
has discharged in violation of any provision of this ordinance the terms, conditions and limitations of its discharge permi' has not made payment of all amounts owed to the Agency for charges, non-compliance fees or any other fees, the General Ma or his representative may issue a Notice of Correction, whereb permittee must comply with all directive:;, conditions and req ments therein within the time prescribed,
B. Provisions
The issuance of a Notice of Correctic)n may contain term! conditions including, but not limited to, installation of pret
ment equipment and facilities, submitta:L of drawings or tech reports, payment of fees, limits on rate and time of discharc other provisions to ensure compliance with this ordinance.
C.
If at any time while a Notice of Correction is in @ffe permittee discharges wastewater to the Agency's sewerage ! which is not in compliance with the Notice of Correctior terms, conditions, or limitations specified in the permi' discharge permit, or with any provision of the ordinance, th permittee shall pay fees to the Agency as specified in Sect Schedule B of Tables 11 and 1x1 of Section 6.1, and the per
may be assessed all other costs incurred during the Sam including labor, equipment, materials, and overhead.
D.
If at any time while a Notice of Correction is in effr permittee discharges wastewater to the Agency's sewerage which is not in compliance with the Notice of Correctio terms, conditions or limitations specified in the permi
discharge pennit, or with any provisjion of this ordinanc permittee may be subject to permit suspension pursuant provisions of Section 6.5 of this ordinance.
E.
A Notice of Correction issued by the General Manager representative shall be in effect for a period not to exceed
(90) days. Upon satisfactory compliance with the terms Notice of Correction and expiration thereof, any fees assessed due to subsequent non-compliance by permittee shal accordance with this ordinance, re-established at the rE
forth in Section 6, Schedule A of Tables I1 and 111. All e ment actions thereafter shall he based on applicable provis this ordinance.
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1 Notice of Correction - Non-Compliance Charaes
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Notice of Correction - permit SusDension
Notice of Correction - ExDiration
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J YUAAUYVLLY nUL\YI.IA7AI.ILlA I LILUcIi -
A. Grounds
Upon determination that a permittee is in non-compliance with the
terms, conditions or limitations specified in its permit or any
provision of this ordinance, and needs to construct and/or acquire
and install equipment related to pretreatment, the General Manager may require the permittee to enter into an ECSA which will, upor
the effective date of the ECSA, amend the permittee's permit. The
ECSA shall contain the terms and conditions by which a permittec
must operate during its ternn and shall provide specific dates f01
achieving compliance with each term and condition for constructior
and/or acquisition and installation of required equipment related to pretreatment,
An ECSA shall have a maximum term of one hundred-eighty (180) days, and upon showing of good cause, including but not limited t0 reasonable progress under the terms of the ECSA, it may be extended by the General Manager for an additional period not to exceed one hundred-eighty (180) days, No further extensions shall be granted
except upon approval of the Board of Directors of the MA.
B, Provisions
The issuance of an ECSA may contain terms and conditions including but not limited to requirements for self-monitoring, installatioc
of pretreatment equipment and facilities, submittal of drawings 01: reports, operator certification, audit of waste minimiZatiOc practices, payment of fees, limits on rate and time of discharge, deposit of performance guarantee, or other provisions to ensure
compliance with this ordinance,
C. ECSA - Pavment of Amounts Owed
An ECSA shall not be approved by the Agency until such time as all amounts owed to the Agency, including user fees, non-compliance fees, deposits, or civil penalties are paid in full, Or an agreement for deferred payment secured by collateral or a third
party, is approved by the Agency. Failure to pay all amounts owed to the Agency shall be grounds for permit suspension or penit revocation as set forth in Section 6.5 and 6.6.
D. ECSA - Non-ComDliance Charaes
If, during the term of an ECSA, sampling reveals non-compliance bY the permittee with the terms, conditions or limitations specified in the ECSA, user's permit, or any provision of this ordinance, the permittee may be required to pay the fees as specified in SeCtior
6, Schedule B of Tables I1 and 111, and may be assessed all other costs incurred during the sampling, including labor, equipment, materials, and overhead.
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E. ECSA - Permit SusDension/Revoeation
If compliance is not achieved in accordance with the terms conditions of an ECSA during its term, the General Manager
issue an order suspending or revoking the discharge permit pur: to Section 6.5 or 6.6 of this ordinance.
F. ECSA - ExDiration
If, following the expiration of an ECSA, sampling reveals non-1
liance by the permittee with the terms, conditions or limita specified in the permit, or any provisicbns of this ordinance permittee shall pay an amount :based on the fees set forl Section 6, Schedule B of Tables :[I and 1:II for each violatio
If the permittee remains in consistent compliance for a twc
period following ECSA expiration, then non-compliance fees shz
assessed in accordance with Sect,ion 6, Schedule A, Tables I 111. All enforcement actions thereafter shall be bas4
applicable provisions of this ordinance.
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6.4 REGULATORY COMPLImCE SCHEDULE AGREEMENT (RCSA)
A. Grounds
If at any time subsequent to the issuance of a wastewater disc
permit to an industrial user, Federal. Categorical Pretrei Standards are adopted or revised by the IJnited States Envirom
Protection Agency, or in the event the Agency enacts r( discharge limitations, the General Manager, upon determinatio
an industrial user would not be in compliance with the
limitations, may require the industria]. user to enter into
with the Agency under terms and conditj.ons that would provi achieving compliance with all new standards by the industria on a specific date. The RCSA shall have a maximum term hundred-seventy (270) days.
B. Provisions
The issuance of a RCSA may contain terms and conditions inc
but not limited to requirements for installation of pretrc equipment and facilities, submittal of drawings or reports
minimization practices or other provisions to ensure comx
with this ordinance.
C. RCSA - Non-Comnliance Char-
During the period said RCSA is in effect, any discha
permittee in violation of the RCSA may require payment of no
1ianCe fees in accordance with Sectiorl 6, Schedule A of Ta
and 111.
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- ---A - LAPAL a Liuii
Upon RCSA expiration, and in the event of non-compliance by permittee, non-compliance fees shall be established in accordance with Section 6, Schedule A of Tables I1 and 111. All enforcement actions thereafter shall be based on applicable provisions of this ordinance,
6.5 PERMIT SUSPENSION
A. Grounds
The General Manager may suspend any permit when it is determined that a permittee:
Fails to comply with the terms and conditions of either
an ECSA or RCSA;
2, Knowingly provides a false Statement, representation, record, report, or other document to the Agency;
3. Refuses to provide records, reports, plans, or other documents required by the Agency to determine permit
terms, conditions, or limitations, discharge compliance, or compliance with this ordinance;
4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method;
5. Fails to report significant changes in operations OK wastewater constituents and characteristics;
6. Violated a Notice of Correction;
7. Refuses reasonable access to the permittee's premises for
the purpose of inspection and monitoring;
Does not make timely payments of all amounts owed to the
Agency for user charges, non-compliance fees, or any other fees ;
9. Discharges batch dumps to the Agency's sewerage system;
10. Violates any condition or limitation of its discharge permit or any provision of the Agency's ordinance-
1.
8.
B. Notice/Hearinq
When the General Manager has reason to believe that grounds exist
for permit suspension, he or she shall give written notice thereof by certified mail or personal delivery to the permittee setting
forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard
by the General Manager or his or her designee. The hearing date shall be not less than fifteen (15) calendar days nor more than
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sixty (60) calendar days after the mailing of such notice o actual delivery if personally delivered.
1. At the suspension hearing, the permittee shall ha opportunity to respond to the allegations set for the notice by presenting written or oral evidence. hearing shall be conducted in accordance with procc established by the General Manager and approved I: Agency's General Counsel.
2. After the conclusion of the hearing, the General Mi
or his or her designee shall prepare a written . setting forth a brief statement of facts found true , a determination of the issues presente conclusions. Copies of written evidence presented be appended to the report.
Based upon the written report, the General Manager shall ma or her determination and should he find that grounds ex1
suspension of the permit, he shall issue his decision and ox writing within thirty (30) calendar days after the conclus the hearing. The written decision and clrder of the General V shall be sent by certified mail to the permittee or its counsel/representative at the permittee's business address.
C. Effect
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1. Upon an order of suspensicm by the General I becoming final, the permittee shall have no ri discharge any industrial wastewater, directly 01 rectly to the Agency's system for the duration
suspension. All costs for physically terminat: reinstating service shall be paid by the permitt
2. Any owner or responsible rnanagement employee permittee shall be bound by the order of suspens
3. An order of permit suspension issued by the Manager shall be deemed final upon delivery permittee, unless appealed ti2 the EWA pursuant to 6.17.
6.6 PERMIT REVOCATION
A, Grounds
The General Manager may revoke any permit when it is dei that a permittee:
1. Knowingly provides a false: statement, represe record, report, or other document to the Agency
2. Refuses to provide records, reports, plans, ( documents required by the Agency to determint terms, conditions f or limitations f discharge corn or compliance with this ordinance;
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3. raisifies, tampers with, or knowingly renders inaccurate
any monitoring device or sample collection method;
4. Fails to report significant changes in operations or
wastewater constituents and characteristics;
5. Fails to comply with the terms and conditions of an ECSA,
permit suspension, or probation order;
Discharges effluent to the Agency's sewerage system while
its permit is suspended; Refuses reasonable access tothe permittee's premises for
the purpose of inspection and monitoring;
8. Does not make timely payment of all amounts owed to the Agency for user charges, non-compliance fees, or any other fees;
Discharges a batch dump to the Agency's sewerage system;
Discharges effluent: that causes pass through or interfer- ence with the Agency's collection, treatment, or disposal
system;
Fails to submit oral notice or written report of spill or
bypass occurrence;
12. Violates any condition or limitation of its discharge permit or any provision of the Agency's ordinance;
6.
7.
9.
10.
11.
B. Notice/Hearinq
When the General Manager has reason to believe that grounds exist for the revocation of a pennit, he or she shall give written notice
by certified mail or personal delivery to the permittee setting
forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the General Manager or his or her designee. The hearing date shall be
not less than fifteen (15) calendar days nor more than sixty (60)
calendar days after the mailing of such notice or its actual delivery if personally delivered.
1. At the hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice bY
presenting written or oral evidence. The revocation
hearing shall be conducted in accordance with the
procedures established by the General Manager and approved by the Agency's General Counsel.
2. After the conclusion of the hearing, the General Manager
or his designee shall prepare a written report setting
forth a brief statement of facts found to be true, a determination of the issues presented and conclusions.
Copies of written evidence presented shall be appended to the report.
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Based upon the written report, the General Manager shall make
determination and should he find that grounds exist for pemz revocation of the permit, he shal:L issue his decision and ordc
Writing within thirty (30) calendar days after the COnClUSiC
the hearing. The written decision and order of the General Mal
shall be sent by certified mail to the permittee or its .
counsel/representative at the permittee's business address.
In the event the General Manager deteimines to not revoke permit, he may order other enforcement actions, including, bu
limited to, a temporary suspension of the permit, under term conditions that he deems appropriate.
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1. Upon an order of revocation, by the General Ma becoming final, the permittee shall permanently 10s rights to discharge any industlcial wastewater direcl indirectly to the Agency's system. All cost:
physical termination shall be paid by the permittr
2. Any owner or responsible mainagement employee C permittee shall be bound by the prder of revocati
3. Any future application for a permit at any lo within the Agency's Service Area by any person subj
an order of revocation will be considered by the
after fully reviewing the records of the revoked P
which records may be the basis for denial of
permit.
4. An order of permit revocat:ion issued by the C Manager shall be deemed final upon delivery '
permittee, unless appealed to the ENA pursuant to E
6.17,
6.7 WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
A wastehauler I s non-compliance with permit requirements SI
determined by an analysis of a sample of the discharge f
constituent or conditions specified in the wastehauler's di:
permit. If the discharge of a wastehauler is found analysis to be in excess of the concentrations specified
wastehauler's discharge permit, the wastehauler shall,
receiving a demand from the Agency, identify in writil sources of the discharge.
If a discharge is from an industrial scurce(s) or if a disc1
not made in the prescribed maniner and at the prescribed dj point, the following shall apply:
A. First Violation
1. Permittee shall pay il non-campliance fee of Five Dollars ($500.00) .
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LI. AAAc w~3c~lAQUACL ~W-ULL LOIC aisposai privileges Snall De suspended for five (5) days.
B. Second Violation
1. The permittee shall pay a non-compliance fee of One Thousand Dollars ($1,000.00).
2. The wastehauler permit for disposal privileges shall be suspended for thirty (30) days.
The wastehauler permit may be revoked in accordance With
Section 6.6.
3,
6.8
A. When a discharge of wastes causes an obstruction, interfer- ence, damage, or any other impairment to the Agency's facili- ties or to the operation of those facilities, the Agency may
assess the costs against the discharger for the work required
to clean or repair the facility together with expenses
incurred to resume normal operations, and the discharge shall
be grounds for 'permit revocation. A service charge of twenty-five percent (25%) of Agency's costs shall be added to
the costs and charges to reimburse the Agency for miscella-
neous overhead, including administrative personnel and record
keeping. The total amount shall be payable within thirty (30)
days of invoicing by the Agency,
If it can be shown that the discharge is the cause of the
Agency violating its discharge requirements established by any Regulatory Agency or incurring additional expenses or suffer- ing losses or damage to the facilities, then that discharger shall be responsible for any costs or expenses incurred by the
Agency, including regu1a.tox-y fines, penalties, and assessments
made by other agencies or a court,
DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
B.
6.9 INDUSTRIAL WASTE PASS THROUGH
If an industrial waste discharge results in a pass through event affecting the Agency or its facilities, all costs associated With the event, including treatment costs, regulatory fines, penalties, assessments, and other indirect costs shall be levied against the discharger. Furthermore, the discharger shall submit to the Agency plans to prevent future recurrences to the satisfaction of the Agency. A second occurrence shall be grounds for permit revoca- tion.
6.10 BATCH DUMPS
When the Agency determines that a user has discharged concentrated pollutants to the sewerage system in a manner or method that is not
approved by the Agency, non-compliance fees shall be assessed as
set forth in Section 6, Schedule C in Tables I1 and 111. 1" addition, the user may be subject to permit suspension or Pemlt
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revocation in accordance with !Section 6.5 and 6.6 as we1
additional legal enforcement remedies available to the Agenc
6.11 PUBLISHED NOTICES
In accordance with the requirements of: Federal Law, the A
shall semi-annually cause to be pub:Lished the names Oi
industrial users in significant non-compliance. Upon a minin
a thirty (30)-day notification to the permittee, said public
shall be in the newspaper of the largest daily circul
published in the Agency's service area.
6.12 TERMINATION OF SERVICE
The Agency, by order of the General Manager, may phys:
terminate sewerage service to any property as a term of any
of suspension or revocation of a permir. All costs for ph:
termination shall be paid by the permittee as well as all cos
reinstating service.
6.13 EMF, RGENCY SUSPENSION
The Agency may, by order of the General. Manager, suspend se
service or wastehauler discharge service when such suspens
necessary, in order to stop an actual or impending discharge
presents or may present an imminent or substantial endangem
the health and welfare of persons, or to the environment,
cause interference to the Agency i s sewerage facilities,
cause the Agency to violate any State or Federal Law or Regul
An Emergency Suspension order is final and not appealable.
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i 6.14 INJUNCTION
Notwithstanding any other provision (of this ordinance,
addition to and as an alternative to any other procedure prez
herein, whenever a discharger of wastewater is in violatiol
may potentially violate the provisions of this ordinanc
discharger's permit conditions, or any Federal Pretrc
Standards or Requirements for dlischargers, as set forth in
Section 403.8 et seq., or fails to submit required repc
refuses to allow the Agency entry to inspect the premisc
Agency may petition the Superior Court for the issuance
injunction to restrain the continued violation or to
violations by the discharger arid to seek such other or add
remedies and civil penalties as may be! authorized by law.
6.15 CIVIL PENALTIES I A. Authority
All users of the Agency's system andl facilities are sub
enforcement actions administratively or judicially by the its members, U.S. EPA, State of California Regional Water
Control Board, or the San Diego County District Attorney actions may be taken pursuant to the authority and provis
several laws, including but not limited to: (1) Federa
Pollution Control Act, commonly known as the Clean Water
U.S.C.A. Section 1251 et seq.) ; (2) Cal.ifornia Porter-Cologl
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7L-t- \-I - ~- --1 ---- ,--&&&w-..&w ..-".-A ---- w--.-...-.. ----- -- -- California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); and (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A Section 6901 et seq.).
B. Recoverv of Fines or Penalties
In the event Agency is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory Or enforcement agencies based on a violation of law or regulation or
its permits, and said violation can be established by Agency, as
caused by the discharge of any user of the Agency's system which is
in violation of any provision of the Agency's Resolution or the
user's permit, Agency shall be entitled to recover from the user
all costs and expenses, including, but not limited to, the full
amount of said fines or penalties to which it has been subjected,
C, Penalties for Violations of Pretreatment Reuulations
1. Administrative ComDlaints and Penalties,
In addition to any other remedy or proceeding available under these
Regulations, or any other law, pursuant to Government Code § 54739
and 54740.5, the General Manager may issue an administrative complaint to any person who violates these Regulations, any permit
condition, prohibition or effluent limitation, or any suspension or
revocation order. The administrative complaint shall allege the act or failure to act that constitutes the violation, the proposed
civil penalty, and the authority under which it is imposed.
The administrative complaint, served on the alleged violator by
personal delivery or by certified mail, shall inform the perSOr
served that a hearing before the General Manager (or his or hex designee) shall be conducted within 60 days of the service Of
complaint. The hearing shall be conducted in accordance with thc
rules of procedure issued by the General Manger for other hearings
before the General Manager under these Regulations, and may be
combined with any other hearings held before or appealed to th€
General Manager. The right to a hearing may be waived by the person issued the administrative complaint,
If after the hearing it is found that the person violated reportinc
or discharge requirements, the General Manager may assess a CiVi:
penalty. Unless appealed, an order imposing administrative CiVi: penalties shall become affective upon issuance, and payment shal:
become due within 30 days of issuance of an invoice by EWA Or i member agency thereof.
Penalties imposed under this section shall not exceed:
1. Two Thousand Dollars ($2,000) for each day for failing 0 refusing to furnish technical monitoring reports;
2. Three Thousand Dollars ($3,000) for each day for failing 0
refusing to timely comply with any compliance schedul established by EWA;
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3. Five Thousand Dollars ($5,000) for each day for discharge
violation of any waste discharge limitation, permit condi'
or requirement issued, reissued or adopted by EWA;
Ten Dollars ($10) per gallon for discharges in violatil
any suspension, cease and desist order or other ordei prohibition issued, reissued, or adopted by EWA;
In determining the amount of the penalty, the Agency shall into consideration all relevant circumstances including, bu limited to, the extend of harm caused by the violation economic benefit derived by non-compliance, the naturc
persistence of the violation, the length of time over whic
violation occurs, and corrective action, if any, taken by the
All moneys collected under this section shall be used exclus
for the monitoring, treatment, and control off discharges to
facilities or for other mitigation measures.
2. Judiciallv Determined Penalties,
Pursuant to the authority of California Government Code Sei
54739 - 54740, any person who violates any provisions of Regulations, any permit condition, prohibition or effluent 1 tion; or any suspension or revocation order shall be liable c for a penalty not to exceed $25,000 for each day in whic violation occurs. upon OX the General Manager, shall petition the Superior Court to i assess, and recover such penalties,
Remedies under this section are in addition to any and all
remedies, civil or criminal; however, civil penalties by order are not available for any violation for which civil lia
is recovered by administrative complaint.
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The General Counsel of the Agency,
6.16 APPEALS OF ADMINISTRATIVE; ACTIONS TO GENERAL MANAGER
A. General
Except where the matter is the subject of an adminis.
complaint which has been issued by the General Manager, an'
affected party, permit applicant or permittee affected initial decision, action or determination made by the Te Services Director, the Environmental Specialist, or the Ind
Waste Control Inspectors may file with the General Mal
written request for an appeal hearing.
within fifteen (15) days of mailing of the staff's c
decision. The request for hearing shall set forth in det
facts supporting the appellant's request.
B. Notice
The General Manager may, in a1.L matters other than those ir
by an administrative complaint designate a Department Head (
person to hear the appeals, pursuant to Section 1.5, and,
within fifteen (15) days of receiving the request for
provide written notice to the user of the hearing date, t
place. The hearing date shall not be more than thirty (1
The request must
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LLuu L-L~r uaAAuig OL WGI~ noLlce by certified mail to tne appellant unless a later date is agreed to by the appellant. If the hearing
is not held within said time due to actions or inactions of the appellant, then the staff decision shall be deemed final.
C. Hearinq
At the hearing, the appellant shall have the opportunity to present information supporting its position concerning the staff's original decision, action or determination, The hearing shall be conducted
in accordance with procedures established by the General Manager
and approved by the Agency's General Counsel.
De Written Determination
After the conclusion of the hearing, the Department Head, if designated, shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommen- dation whether to uphold, modify or reverse the staff's original
decision, action or determination. The General Manager shall make his or her determination and shall issue the decision and order within thirty (30) calendar days of the hearing. The written decision and order of the General Manager shall be sent by
certified mail to the appellant or its legal representative at the
appellant's business address and shall advise the appellant of the
applicable statutes of limitations pursuant to Section 6.23 of these Regulations.
The order of the General Manager shall be final in all respects
thirty (30) days after notice of the decision unless a request for hearing is filed with the EWA pursuant to Section 6.17. Copies Of the order shall be served by personal service or registered mail upon the party served with the notice of non-compliance or Other administrative determination or complaint and upon other persons who appeared at the hearing and requested a copy.
6.17 APPEALS TO THE BOARD OF DIRECTORS
A. General
A person dissatisfied with the decision of the General Manager may appeal the decision to the Board of Directors of EWA within thirty
(30) days of the issuance of notice of decision. The request for hearing shall set forth in detail all the issues in dispute for which the appellant seeks determination and all facts supporting appellant's request.
No later than sixty (60) days after receipt of the request for hearing, the EWA shall either set the matter for a hearing, Or deny the request for a hearing.
The EWA shall grant all requests for a hearing on appeals concerning permit suspension or revocation or the determination of administrative penalties pursuant to Section 6.15(c).
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2. Whether to grant or deny the request for a heari
appeals of other final decisions of the General Manager sha the sole discretion of the Board of Directors of the EWA.
NO later than sixty (60) days after receipt of the reques hearing, the EWA shall either set the matter for a hearing, 01 the request for a hearing.
A hearing shall be held by the Board of Directors of the EXA 1
sixty-five (65) days from the date of determination grant
hearing, unless a later date is agreed to by the permittee a
Board of Directors of the EWA. If the matter is not heard 7
the required time, due to actions or inactions of the appe the General Manager's order shall be deemed final as of the d
the scheduled hearing or upon the expiration of the agree( period, whichever is later.
B. Notice
The Board Secretary shall, within fifteen (15) days of the Bc
Director's determination, provide written notice to the apy
by certified mail of the hearing date, time, and place,
denial. The notice shall advise the appellant of the appl statutes of limitations pursuant to Section 6.23 of these 1 tions. If a hearing is denied, the General Manager's dc shall be final fifteen (15) days after the date such not mailed.
C. Hearinq
All matters of appeal by a permittee under this Section SI referred to the Board of Directors of the EWA. At the hear1
appellant shall have the opportunity to present written ' evidence supporting its position concerning the original de action or determination, in accordance with adopted Rl Procedure of the Board of Directors.
D. Written Determination
After the hearing, the Board of Directors of the EWA shall determination whether to uphold, modify, or reverse the original decision, action, or determination as ordered General Manager.
The decision of the Board of Directors of the EWA shall
forth in writing within sixty-five (65) days after the cloS
hearing and shall contain a finding of the facts found to
the determination of issues presented, and the conclusiol written decision and order of the Board of Directors of
shall be personally delivered or sent by registered mai:
appellant or its legal representative at the appellant's
address, and shall advise the appellant of the applicable
of limitations pursuant to Section 6.23 of these Regulat
copy shall also be served upon other persons who appeare hearing and requested a copy.
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The order of the Board of Directors of the EWA shall be final upon its adoption. In the event the Board of Directors of the EWA fails
to reverse or modify the General Manager's order, it shall be deemed affirmed.
6.18 APPEAL OF CHARGES AND FEES
Any user, affected party, permit applicant, or permittee affected
by any decision, action, or determination by the Agency staff,
relating to fiscal issues, including but not limited to the
imposition and collection of fees, such as pretreatment permit charges, special purpose discharge use charges and wastehauler fees, but excluding sewer use charges and non-compliance fees set forth in Section 6, may file an appeal which shall be heard by the Board of Directors of the EWA.
All appeals under this Section 6.18 shall be conducted by the Board of Directors of the EWA in the same manner and under the same rules as set forth in Section 6.17 A through D, inclusive, above.
6.19 PAYMENT OF CHARGES
A. Except as otherwise provided, all fees, charges and penalties established by this ordinance are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid
thirty (30) days after date of invoice.
B. Any charge that becomes delinquent shall accrue interest at the legal rate,
C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit,
Penalties charged under this Section shall not accrue to those invoices successfully appealed, provided the Agency receives
written notification of said appeal prior to the payment due date.
Payment of disputed charges is still required by the due date during Agency review of any appeal submitted by permittees.
D.
E.
6 o 2 0 COLLECTION
Collection of delinquent accounts shall be in accordance with the Agency's procedures for collection of delinquent obligations owed to the Agency. Any action for collection may include an applica- tion for an injunction to prevent repeated and recurring violations
of this ordinance.
Civil penalties imposed based upon an administrative complaint pursuant to Section 6.15, which remain delinquent for Sixty (60) days shall become a lien against the property of the discharger from which the violation originated. Upon the order of the General Manager, the General Counsel shall cause the lien to be recorded with the county recorder, or may cause the sum due to be reduced tc a judgment pursuant to Code of Civil Procedure si285 et seq..
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6-21 RECOVERY OF COSTS INCURRED BY AGENCY
In the event permittee fails to comply with any of the term!
conditions of the Agency's ordinance, a Notice of Correctic permit suspension or revocation, an ECSA or a permit i
hereunder, the Agency shall be entitled to reasonable attor fees and costs which may be incurred in order to enforce a said terms and conditions, with or without filing proceedin court .
6.22 FINANCIAL SECURITY/AMENDWNTS TO PERMIT
A. Comrdiance DeDosit
Permittees that have been subject to enforcement as in sec 6.2-6.10 and/or collection proceedings may be required to dc with the Agency an amount detelnnined by the General Manac necessary to guarantee payment to Agency of all charges,
penalties, costs and expenses that may be incurred in the f1
before permission is granted for further discharge to the sc
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The Agency may require an amendm,ent to the permit of any per , who fails to make payment in full of all fees and charges as
by the Agency, including reconciliation amounts, delin
penalties, and other costs or fees incurred by Permittee. 1 C, Bankruptcv
Every Permittee filing any legal action in any court of con
jurisdiction, including the United States Bankruptcy CouX purposes of discharging its financial debts or obligati
seeking court-ordered, protection from its creditors, shall,
ten (10) days of filing such action, apply for and obta
issuance of an amendment to the! permit by the Agency.
D. Permit Amendments
The Agency shall review and examine Permittee's acco determine whether previously incurred fees and charges hs
paid in accordance with time requirements prescribed k
ordinance. Agency may thereaft.er issue an amendment to the permit in accordance with the provisions of Section 3 and
6-22(E) of this ordinance.
E. Securitv
An amendment to a waste discharge permit issued pursi
Sections 6-22 (B) , (C) , and (D) , may be conditioned U1
Permittee depositing financial security in an amount equal
average total fees and charges for two (2) calendar quarter: the preceding year. Said deposit shall be used to g payment of all fees and charges incurred for future sen:
facilities furnished by Agency and shall not be used by th to recover outstanding fees and charges incurred prior
Permittee filing and receiving protection from creditors United States Bankruptcy Court:.
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- -------a V& u-YuL-Lc*
In the event the Permittee makes payment in full within the time
prescribed by this ordinance of all fees and charges incurred over a period of two (2) years fo1:lowing the issuance of an amendment to
the permit pursuant to Sections 6.22 (B) , (C) , and (D) , the Agency
shall either return the security deposit posted by the Permittee or credit the Permittee's account.
6.23 JUDICIAL REVIEW
A. Pumose and Effect
Pursuant to Section 1094.6 of the California Code of Civil Procedure, the Agency hereby enacts this part to limit to ninety
(90) days following final decisions in adjudicatory administrative hearings other than hearings on administrative complaints, the the within which an action can be brought to review such decisions by means of administrative mandamus.
Actions to review final decisions in hearings by the General Manger
or the Board of Directors on administrative complaints must be brought by a party within thirty (30) days of the final decision.
If no aggrieved party petitions for writ of mandate for an administrative complaint within the allotted the, an order of the Board of Directors or the General Manager is subject to review only if the Board grants review on its own motion after the expiration of the thirty (30) day time limit.
B, Definitions
As used in this Section, the following terms and words shall have
the following meanings:
Decision shall mean and include adjudicatory administra- tive decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license;
ComDlete Record shall mean and include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by the General Manager, the final decision, all admitted exhibits, all rejected exhibits ir the possession of the Agency or its offices or agents, all written evidence, and any other papers in the case;
Partv shall mean a1 person whose permit has been denied,
suspended, or revoked.
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2.
3.
C. Time Limit for Judicial Review
Judicial review of any decision of the Agency or its officer 01
agent may be made pursuant to Section 1094.5 of the code of Civil
Procedure only if the petition for writ of -.ndate is filed no1 later than the ninetieth (90th) day followir-, he date on which the
decision becomes final. If there is no prcv;sion for reconsider-
ation in the procedures governing the proceeaings, the decision 1: final on the date it is made. If there is provision for recon.
- 68 -
sideration, the decision is final upon the expiration of the p
during which such reconsideration can be sought: provided th reconsideration is sought pursuant to such provision the dec is final for the purposes of this Section on the date that r sideration is rejected,
D. PreDaration of the Record
The complete record of the proceedings shall be prepared k:
Agency officer or agent who made the decision and sha.
delivered to the petitioner within ninety (90) days after 1
filed written request therefor. The Agency may recover frC petitioner its actual costs for transcribing or otherwise pre] the record.
E, Extension
If the petitioner files a request for the record within te
days after the date the decision becomes final, which a petition, pursuant to Section 1094.5 of the Code of
Procedure, may be filed shall be extended to not later th
thirtieth (30th) day following the date on which the rec
either personally delivered or mailed to the petitioner
petitioner's attorney of record, if appropriate.
F. Notice
In making a final decision, the Agency shall provide notice
party that the time within which judicial review must be so1
governed by Section 1094.6 of the Code of Civil Procedure,
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SECTION 7
SETTERABILITY
7.1 SEVERABILITY
If any provision of this ordinance or the application to any Or circumstances is held invalid, the remainder of the ordinance Or
the application of such provision to other persons Or other
circumstances shall not be affected.
- 70 -
SECTION 8
(RESERVED2
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,,,,~~~.~,~~~t;.~~,~,u.~~~~~~,~;~.~~~'" -d C~*+*.P&
SECTION 9
9.1 EFFECTIVE DATE
The effective date of this ordinance shall be May 26, 1990.
- 72 -
-.
PROBABLE
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YES NO I
EWPCF UPSET? Immediate Verbal/Writ'
Notification - Resamp
Reinspection
CONTINUED YES NO I
Emergency Suspension
Notice of Correction
Verbal Emergency u Suspension Order
VIOLP
-Physical Termin-
ation of Service I
Enforcement Compliance YES
Schedule Agreement
(ECSA)
LONG TERM ACTIONS
I
Warning Letter Resample -
Reinspection
Issue Notice
of Correction
CONTINUED Show Cause Hearing
Enforcement Compliance Schedule
VIOLATI:
Agreement (ECSA)
Agreement (RCSA) Consent Decree civil Penalties Criminal Penalties Termination of Service
I Regulatory Compliance Schedule
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YES NC
- ECSA or RCSA
Resample - Rein-
spection
I CONTINUED VIOLATION?
Suspend Permit Revoke Permit Civil Penalties
Criminal Penalties
Terminate Service
I Returr Monitc
ENCINA 0 0
WATER
POLLUTION ENCINA WATER POLLUTION CONTROL FAC CONTROL
FACILITY
*,"top 6200Aventda En(
C"""," Carlsbad, CA 920
Telephones (61 9)
Nmlh !an Dqo
TO: City of Carlsbad Project No.
LETTER OF TRANSMITTAL
1200 Elm Avenue Carlsbad, California 92008 Date: January 26, 1
62
Subject. Encina Name C
Mtn: City Clerk
The following items are transmitted: (x1 Herewith 0 Under Separate Cover Via u . s . Mai 1
Number of Copies Description
1 EWA Resolution No. 91-11 - Changing the Name of the
Agency to the Encina Wastewater Authority
[XI For your files 0 For your information
The above items are submitted 0 At your request
0 For your approval
Per contract dated 0
For your review 0 For your action
General remarks The attached resolution was inadvertently not attached
to the 'letter mailed to your organization notifying you of Encina's name. change.
Please except our apologies for any inconvenience this may have caused. If you have any questions or require additional information please contact me at (619) 438-39
Copies to Transmitted by
Melody U%/3.[ A. Jones
Administrative Assist
Forward reply to Encina Water Pollution Control Facility
SERVING THE CITY OF VISTA CITY OF CARLSBAD BUENA SANITATION DISTRICT SAN MARCOS COUNTY WATER DISTF
LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT
0 e -3-
r
ENCINA WATER POLLUTION CONTROL FACll
Operated by the Encina Administratlve Agency, a Public Entity
6200 Avenrda Enc
Carlsbad, CA 920
Telephone (679) 4
January 9, 1992
Ref:
1 *-. :( ,+-:
1 g: 1 '.--3 k ,> "s /f-,p'"' 3.. -- -I E ;;
i; -4
8WJECT: Encina Administrative Agency Name Change to El
Wastewater Authority
t
The Encina Administrative Agency, Operator/Administrator 01 Encina Water Pollution Control Facility, at its December 11, regular Board meeting changed its name to the Encina Waste Authority (EWA) .
All future correspondences should continue to be mailed to:
Encina Wastewater Authority
6200 Avenida Encinas Carlsbad, California 92009-0171 Telephone: (619) 438-3941
Attached please find a certified copy of the EWA's Resoluti
fgl-11 officially approving the name change.
Please call (619) 438-3941 if you have any questions.
Very truly yours,
.L Richard --/ W. Gr
General Man
MAJ : RWG : kw Attachment
c
Prtr
Recyc
>ERVINC THE CIN OF VISTA. CITY OF CARSBAD BUENA SANITATION DISTRICT VALLECITOS WATER DISTRH
LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT
RESOLUTION NO. gl-l@ 0
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ENCINA ADMINISTRATIVE AGENCY CHANGING THE
NAME OF THE AGENCY TO THE ENCINA WASTEWATER AUTHORITY
WHEREAS, the Revised Establishment Document ( ''REDq1) , into on Decenber 17, 1990, established the Encina Adminis1 Agency (Y3iAqq) to serve as operator and administrator of '
Encina Joint System, as described in the December 17, 199( "Revised Basic Agreement For Ownership, Operation and Mai of a Joint Sewage System'' (l'RBAtq) : and
WHEREAS, the parties to the RED and RBA have each ap modification of the RED and RBA as necessary to change th
of the joint powers authority to Encina Wastewater Author
WHERZAS, the Board of Directors of the Encina Admini Agency desires to approve such desiqnatian: and
WBEREAS, under Water Code 931006, this agency may cl name by adopting a resolution of the board of the distric
NOW, THEREFORE BE IT RESOLVED, by the Board of Direc the Encina Administrative Agency, as follows:
Encina Administrative Agency shall be n referred to as Encina Wastewater Authority, as of the da resolution is recorded with the Clerk of the County of S
to record a certified copy of this resolution with the C the County of San Diego, notify the Secretary of State E appropriate authorities of the name change, and take a13 necessary or prudent steps to advise the public thereof*
PASSED, APPROVED AND ADOPTED at a regular meeting (
Board held on the 11th day of December , 19% by following vote to wit:
Smith, Rappaport, Stanton, Larson, Vought,
Ferguson, Burton, Sullivan, Humphreys, Om:
Section 1.
Section 2. The Secretary is hereby authorized and
Directors: AYES :.
NOES: N~~~
AB~ENT: None
ABSTAIN : None
y l5'L .*A fl /c{!,/-?
Chairman 1: / ATTEST: Bernard Rappaport
rdgecretary
J CH/SYS \DMS\TJC\OOtS37S WP \ovemoer IY 1931
0 *
ENCl POLLUTION CONTROL FAClL
ina Administrative Agency, a Public Entity
6200 Avenida Encii
Carlsbad, CA 920(
Telephone (619) 4
Ref: 2
9, 1992
City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Attention: City Clerk
SUBJECT: Encina Administrative Agency Name Change to En
Y?2ote%?arer XztZo=iClp
The Encina Administrative Agency, Operator/Administrator of Encina Water Pollution Control Facility, regular Board meeting changed its name to the Encina Wasteb Authority (EWA) .
All future correspondences should continue to be mailed to:
at its December 11,
Encina Wastewater Authority
6200 Avenida Encinas Carlsbad, California 92009-0171 Telephone: (619) 438-3941
Attached please find a certified copy of the EWA's Resolutio
#91-11 officially approving the name change.
Please call (619) 438-3941 if you have any questions.
Very truly yours,
+L/ 'L/ Y
ichard W. G General Ma ger
MAJ : RWG : kw Attachment
L: %* FA// k - . df
Printe
Recycle(
SERVING THE CITY OF VISTA, CITY OF CARLSBAD, BUENA SANITATION DISTRICT, VALLECITOS WATER DISTRICT,
LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT