Chapter 6.60
WASTEWATER DISCHARGE CONTRACTS, USER CHARGES, AND FEES
Sections:
6.60.020 Wastewater discharge contract between SAWPA and a member agency or contract agency.
6.60.040 User charges and fees.
6.60.010 Introduction.
To obtain the maximum benefit from the use of the Brine Line and tributaries thereto, written authorizations from SAWPA to use the Brine Line or tributaries thereto are required. Written authorizations shall be in the form of a wastewater discharge contract (applicable to direct dischargers) and a wastewater discharge permit or letter to discharge (applicable to direct and indirect dischargers). (Ord. 389 § 3.1, 2018)
6.60.020 Wastewater discharge contract between SAWPA and a member agency or contract agency.
A written wastewater discharge contract, also known as a treatment and disposal agreement, is required between SAWPA and a member agency or a contract agency wherein the member agency or the contract agency purchases from SAWPA a right to discharge a specified amount of approved wastewater into the Brine Line or tributaries thereto. The amount of this right will ordinarily be expressed in “capacity units” or million gallons per day (MGD). The minimum capacity unit shall be 0.010 MGD. The wastewater discharge contract shall include but not be limited to:
A. The amount of the discharge right to be purchased or leased (flow (MGD), BOD (concentration and pounds), TSS (concentration and pounds));
B. The purchase price or lease rate of the discharge right as established by SAWPA’s commission;
C. A description of operation and maintenance costs, fixed fees, and other costs to be paid to SAWPA;
D. A provision that the wastewater discharge contract shall conform with all provisions of the district and/or SAWPA ordinances and resolutions regulating the availability and use of the Brine Line or tributaries thereto;
E. A description of the operational and regulatory reporting responsibilities as required to comply with applicable state and local regulations including, but not limited to, the statewide general waste discharge requirements for sanitary sewer systems.
The wastewater discharge contract shall be in addition to a separate agreement(s) by which the member agency or the contract agency obtained pipeline capacity rights. To discharge to the Brine Line sufficient pipeline capacity rights and treatment and disposal capacity rights are required. (Ord. 389 § 3.2, 2018)
6.60.030 Wastewater discharge contracts between a member agency and a user of the Brine Line or tributaries thereto.
A. Any potential user of the Brine Line or tributaries thereto must first apply to the member agency or the contract agency with jurisdiction for a wastewater discharge contract. After review and acceptance of the potential user’s application, the member agency or the contract agency must enter into a wastewater discharge contract with the potential user before the user may discharge to the Brine Line or tributaries thereto. The wastewater discharge contract shall be in accordance with WMWDC 6.60.020. The potential user shall pay to the member agency or the contract agency all costs associated with the wastewater discharge contract. A wastewater discharge contract must be obtained from a member agency or a contract agency prior to a wastewater discharge permit being issued. For wastewater originating from outside the SAWPA Inland Empire Brine Line service area, SAWPA must obtain specific approval from OCSD prior to any and all approvals being provided to the user such as authorization to discharge, a contract, and a discharge permit.
B. All wastewater to be discharged pursuant to the wastewater discharge contract between a member agency or a contract agency and a user shall be contingent upon the issuance by SAWPA to the potential user, a wastewater discharge permit, pursuant to Chapter 6.65 WMWDC. The user shall also apply for a wastewater discharge permit in accordance with Chapter 6.65 WMWDC.
C. All fees and charges paid by the user in connection with the wastewater discharge contract and the wastewater discharge permit are nonrefundable. In the event that the wastewater discharge permit is revoked, the user shall not be entitled to any refund of any fees and charges it has paid the member agency or the contract agency or SAWPA. (Ord. 389 § 3.3, 2018)
6.60.040 User charges and fees.
A. Users shall pay to the district or SAWPA the following categories of costs in conformance with the wastewater discharge contracts and the applicable resolutions adopted by the board of directors and/or SAWPA’s commission:
1. Operation and Maintenance Costs or User Charges. These charges shall include disposal costs for a direct connection to the Brine Line plus all applicable charges and fees as established by resolution by the board of directors and/or SAWPA’s commission;
2. Liquid Waste Hauler User Charges. These charges shall cover all costs of SAWPA and its member agencies or its contract agencies for providing collection station service to liquid waste haulers using the Brine Line or tributaries thereto for wastewater disposal. These charges shall be established by the board of directors and/or SAWPA’s commission;
3. Wastewater Discharge Permit Fees. All wastewater discharge permit application and wastewater discharge permit fees shall be paid directly by the user to SAWPA and/or member agencies and/or contract agencies upon invoice. These fees will be established by resolution by the board of directors and/or SAWPA’s commission;
4. Special Purpose Discharge Permit Charge. This charge shall cover all of the district’s and/or SAWPA’s costs for providing sewerage service and monitoring for users requiring a special purpose wastewater discharge permit. These costs shall be established by the general manager. A deposit determined by the general manager to be sufficient to pay these estimated charges shall accompany the special purpose wastewater discharge permit application;
5. Letter to Discharge Charge. This charge shall cover all of the district’s and/or SAWPA’s costs for providing sewerage service and monitoring for users requiring a letter to discharge. These costs shall be established by the general manager. A deposit determined by the general manager to be sufficient to pay these estimated charges shall accompany the wastewater discharge permit application;
6. All users shall pay all applicable permit fees prior to the renewal of the wastewater discharge permit;
7. Noncompliance charges will be as determined in Chapter 6.75 WMWDC, Enforcement, and shall be paid directly by the user to SAWPA and/or member agencies and/or contract agencies upon invoice. The charges will pass along compliance costs from OCSD, if any.
B. A charge for use of the Brine Line or tributaries thereto may be imposed by a member agency or a contract agency to wastewater discharge permit users. All such charges shall be paid by the user directly to the member agency or the contract agency in accordance with WMWDC 6.60.030.
C. The district and/or SAWPA shall be entitled to recover costs from users for implementation of the district’s and/or SAWPA’s pretreatment program. These costs relate to matters covered by this division and are separate from all other fees chargeable by the district and/or SAWPA. The district and/or SAWPA may adopt a resolution(s) to recover such costs for:
1. Developing, implementing, and operating the district’s and/or SAWPA’s pretreatment program and this division.
2. Monitoring, inspection, surveillance procedures and laboratory costs.
3. Reviewing plans and construction inspections.
4. Wastewater discharge permit application review.
5. Wastewater discharge permit issuance.
6. Reviewing data and reports.
7. Noncompliance and enforcement.
D. Member agencies or contract agencies may directly charge users for costs related to collection system maintenance of the member agency’s or the contract agency’s collection system due to the effects of the user’s wastewater discharge on the member agency’s or the contract agency’s collection system. (Ord. 389 § 3.4, 2018)