Chapter 9.10
REGULATIONS
Sections:
9.10.010 Permissible discharges.
9.10.020 General discharge prohibition.
9.10.030 Prohibited discharges.
9.10.040 Prohibited substances or characteristics.
9.10.050 Prohibited discharge location.
9.10.060 National categorical pretreatment standards.
9.10.070 Specific pollutant limitations.
9.10.080 State and federal requirements and standards.
9.10.090 District's right of revision.
9.10.100 Prohibited dilution.
9.10.110 Slug discharges.
9.10.120 Hazardous waste discharges.
9.10.130 Prohibition on medical waste.
9.10.010 Permissible discharges.
Wastewater may be discharged into public sewers for collection, treatment, and disposal by the district; provided, that such wastewater discharge is in compliance with this title and/or conditions of any wastewater discharge permit; and further provided, that the user pays all applicable district sewer fees and charges including any penalties or charges assessed under this title. [Ord. 11-7-00 § 2.1]
9.10.020 General discharge prohibition.
No user shall contribute or cause to be contributed, any pollutant or wastewater which cause pass-through or interference. These general prohibitions and the specific prohibitions contained in this chapter apply to each user introducing pollutants into the district's facilities whether or not the user is subject to national pretreatment standards or any other national, state, or district pretreatment standards or requirements. [Ord. 11-7-00 § 2.2]
9.10.030 Prohibited discharges.
A user may not discharge, or cause to be discharged, wastewater into any district facility if it contains substances or has characteristics, which, either alone or by interaction with other wastewater, cause or threaten to cause:
A. Damage to district facilities.
B. Interference or impairment of operation or maintenance of district facilities.
C. Obstruction of flow in district facilities.
D. Hazard to human life.
E. Interference with treatment plant or disposal processes.
F. In no case shall substances discharged to the district facilities cause the plant to be in noncompliance with federal, state and local laws, rules and regulations pertaining to sludge, biosolids or effluent disposal.
G. Unreasonable interference with recycling and reclamation of wastewater, residues, sludge or scum.
H. The district to violate its National Pollutant Discharge Elimination System (NPDES) permit or the receiving water quality standards.
I. Flammable or explosive conditions.
J. A noxious or malodorous condition, a public nuisance, a hazard to life, or conditions sufficient to prevent normal entry into the sewers or other district facilities for maintenance and repair.
K. Objectionable coloration or other condition in the quality of the district's treatment plant influent, which interferes with or passes through treatment plant.
L. Conditions which violate any statute, rule, regulation, or ordinance of any public agency, relating to releases of hazardous wastes, hazardous substances or other pollutants to the environment when such release is to a publicly owned sanitary sewer.
M. Any alteration or change of the district's NPDES permit or any additional regulatory supervision, intervention or oversight of the district's operations.
N. Any alteration of the district's treatment plant processes.
O. Any significant alteration of district operations, including but not limited to affecting the ability of the district to procure adequate insurance and/or subjecting the district operations to significantly increased potential liability. [Ord. 11-7-00 § 2.3]
9.10.040 Prohibited substances or characteristics.
A. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to create a fire or explosion hazard or damage to district facilities or be injurious to human health and safety or to the operation of district facilities. At no time shall a waste stream exceed a closed cup flash point of less than 140 degrees Fahrenheit or 60 degrees centigrade using the test method specified in 40 CFR Part 261.21. At no time shall two successive readings on a combustible gas meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter. The meter shall be properly calibrated in accordance with the manufacturer's instructions using pentane as the calibration standard. The materials which may be prohibited if they cause explosive or fire dangers as defined herein include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides.
B. Any solid or viscous substance in amounts or concentrations which may cause or threaten to cause obstruction to the flow in a sewer or pass-through of, or interference with, the operations of any district facilities such as, but not limited to, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, petroleum oil, nonbiodegradable cutting or machine oils, products of mineral oil origin, mud, cement grout, glass, grinding or polishing wastes, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails or whole blood.
C. Any discharges having a pH less than 6.0 or equal to or greater than 12.0 or having any other corrosive property outside the specified range in Appendix A attached to the ordinance codified in this chapter, or corrosive property capable of causing damage or hazard to structures, equipment, humans or animals.
D. Any wastewater containing hazardous pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to human or animal health or safety, to create an adverse effect on the waters of the state, or to cause the district to exceed the limitations set forth in a national pretreatment standard.
E. Heat in amounts which will inhibit biological activity in the treatment plant resulting in interference or pass-through, but in no case heat in such quantities that the temperature at the introduction into the treatment plant exceeds 40 degrees centigrade or 104 degrees Fahrenheit.
F. Any pollutants, including oxygen-demanding pollutants (BOD, COD, etc.) released at a flow rate and/or pollutant concentration, which alone or in combination with others, may cause interference or pass-through. Regardless of whether a slug discharge causes or will cause interference or pass-through, in no case shall a slug discharge have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than 15 minutes, more than five times the average 24-hour concentration, quantities, or flow during normal operation.
G. Any discharge which results in the presence of toxic gases, vapors, or fumes in a quantity that may cause acute worker health and safety problems within any district facility.
H. Any noxious or malodorous liquids, gases, or solids.
I. Any wastewater containing any radioactive wastes unless:
1. The user is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials; and
2. The waste is discharged in strict conformity with current California Radiation Control Regulations (California Code of Regulations, Title 17) for safe disposal; and
3. The user is in compliance with all rules and regulations of all other applicable regulatory agencies.
J. Any storm water, ground water, rainwater, street drainage, subsurface drainage, yard drainage, diatomaceous earth filter backwash, unless a specific permit is issued by the district. The district may approve such discharge only when no other reasonable alternative for disposal is available and all other provisions of this chapter are met.
K. Any unpolluted water including, but not limited to, cooling water, process water or blow-down from cooling towers or evaporative coolers or any other unpolluted water unless a permit for such has been obtained from the district prior to the discharge. The district may approve the discharge of such water only when no reasonable alternative method of disposal, in the determination of the district, is available.
L. Any waste defined as hazardous, by any definition set forth in federal and/or state statutes or regulations, unless such waste has been delisted or decertified by the appropriate federal or state agency, and/or a variance has been granted by the appropriate federal or state agency, including provisions for discharge to a district facility, and said variance provisions are approved by the district.
M. Any substance, waste, wastewater, or constituent thereof as may be specifically prohibited or prohibited by concentration levels as may be set forth in local limits adopted by resolution by the district board.
N. Any substance, waste, wastewater or constituent thereof, which may by itself or in combination with other discharges cause the district to violate any permit conditions related to toxicity of the effluent or otherwise cause or contribute to the potential for toxic substances being released from district facilities into the environment in toxic amounts.
O. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.
P. Any trucked or hauled pollutants, except at discharge points designated by the district. [Ord. 11-7-00 § 2.4]
9.10.050 Prohibited discharge location.
No user shall discharge any wastewater directly into a manhole or other opening in the district sewerage system other than through sewer laterals or other sewer connection approved by the district, unless a permit has been obtained for such discharge. A permit will be issued only for such direct discharge in the event the discharge is otherwise in compliance with provisions of this chapter and no other alternative is reasonably available in the opinion of the district. [Ord. 11-7-00 § 2.5]
9.10.060 National categorical pretreatment standards.
National categorical pretreatment standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 – 471, are hereby incorporated into this chapter and made a part thereof. [Ord. 11-7-00 § 2.6]
9.10.070 Specific pollutant limitations.
No person shall discharge wastewater to a district facility, which exhibits any characteristic which is specifically prohibited by an action of the district board, or any wastewater containing constituents in excess of any specific constituent level limitations as may be set by the district board.
Any violation of a specific pollutant limitation as may be set forth in a district resolution shall subject the user to the same administrative actions, penalties, and/or enforcement actions as would be available for any other violation of this chapter. The term “ordinance,” as used elsewhere within this chapter, shall be read to include the specific pollutant limitations and/or waste characteristics as may be set forth by resolution. See Appendix A attached to ordinance codified in this chapter for maximum allowable concentrations as adopted by resolution. All specific pollutant limitations set by the district shall be deemed pretreatment standards for the purposes of Section 307(d) of the Act. [Ord. 11-7-00 § 2.7]
9.10.080 State and federal requirements and standards.
In the event that either state or federal requirements and standards for discharges to district facilities are more stringent than the limitations, requirements, and standards set forth in this chapter, the most stringent standard or requirement shall apply. Modifications of the federal or state standards and requirements which are more stringent than the limitations, standards, and requirements as set forth in this chapter and are promulgated subsequent to the adoption of this chapter shall be applied to discharges to district facilities at such time and in such manner as is set forth in WCWDC 9.20.040(D) and (F) and WCWDC 9.45.040. [Ord. 11-7-00 § 2.8]
9.10.090 District's right of revision.
The district reserves the right to establish by ordinance or resolution more stringent limitations or requirements on discharges to the district facilities if deemed necessary to comply with the objectives presented in this chapter. No revision of limitations or requirements hereunder shall subject the district to civil liability or penalty for interference with a vested right of any user. [Ord. 11-7-00 § 2.9]
9.10.100 Prohibited dilution.
No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national pretreatment standards, in any other pollutant-specific limitation developed by the district or state, with this chapter, or the user's permit, or to establish an artificially high flow rate for permit mass emission rates. An increase in the use of process water which is reasonably proportional to increased production and which is required for said increase in production, will not be considered an excessive discharge hereunder. [Ord. 11-7-00 § 2.10]
9.10.110 Slug discharges.
A. All users shall be prohibited from allowing slug discharges, as elsewhere defined herein, from entering the district's sewerage system.
B. Each user shall provide protection from slug discharges of restricted materials or other substances regulated by this chapter. No user who commences contribution to the sewerage system after the effective date of the ordinance codified in this chapter shall be permitted to introduce pollutants into the system until the need for slug discharge control plans or procedures has been evaluated by the district. Facilities to prevent slug discharges of restricted materials shall be provided and maintained at the user's own cost and expense.
C. In accordance with 40 CFR 403.8(f)(2)(v), the district must evaluate, at least once every two years, whether each SIU needs a slug discharge control plan. Upon evaluation, certain users will be required to prepare slug discharge prevention and contingency plans (SDPCP) containing at least the following information:
1. A description of the discharge practices including nonroutine batch discharges.
2. A description of stored chemicals.
3. The procedures for promptly notifying the district of slug discharges, including any discharge that would violate a specific discharge prohibition with procedures for follow-up written notification within five days.
4. If required by the district, procedures to prevent adverse impact from accidental spills including maintenance and inspection of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building or containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures or equipment for emergency response.
5. If required by the district, follow-up practices to limit the damage suffered by the treatment plant or the environment.
These plans shall be submitted to the district for review and approval. All users required to have SDPCP plans shall submit such a plan within three months and complete implementation within six months of notice regarding the requirements of such plan. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.
D. In the case of a slug discharge, it is the responsibility of the user to immediately notify the district of the incident. The notification shall include location of the discharge, type of waste, concentration and volume and corrective action. The user shall provide the district with a detailed, written report of this incident in a manner and within the time frame as elsewhere provided in this chapter.
E. A notice shall be permanently posted on the user's premises advising the employees whom to call in the event of a slug discharge. The user shall ensure that all employees who may cause or allow such slug discharge to occur are advised of the emergency notification procedure.
F. Each user who violates any of the requirements of the slug discharge program, or allows a slug discharge to occur, shall be subject to the enforcement provisions of this title. [Ord. 11-7-00 § 2.11]
9.10.120 Hazardous waste discharges.
All industrial users shall notify the district, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing, of any discharge to the district's facilities of a substance, which if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 or as otherwise defined by state statute or regulation.
Such notification must include the name of the hazardous waste, the EPA hazardous waste number, and the type of the discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the district's facilities, the notification shall also contain the following information, if known: (1) an identification of the hazardous waste constituents contained in the waste; (2) an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and (3) an estimation of the mass constituents in the waste stream expected to be discharged during the following 12 months. Industrial users shall provide notification prior to obtaining a discharge permit.
In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume of toxicity of hazardous waste generated to the degree it has determined to be economically practical.
Nothing contained in this section is intended to modify the prohibitions set forth in WCWDC 9.10.040(N). [Ord. 11-7-00 § 2.12]
9.10.130 Prohibition on medical waste.
A. No user shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories or other medical facilities to the sewerage system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature except where prior written approval for such discharges is given by the district manager.
B. The district shall have the authority to require that any discharge of an infectious waste to the sewer be rendered noninfectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of the applicable waste discharge requirements. [Ord. 11-7-00 § 2.13]