CHAPTER 1
GENERAL PROVISIONS

Section 6100. Background/Purpose and Policy.

The District owns an undivided 25 percent interest in the Oro Loma Sanitary District/Castro Valley Sanitary District treatment plant. The treatment plant is operated by the Oro Loma Sanitary District pursuant to the terms of a series of agreements between District and the Oro Loma Sanitary District. The purpose of these regulations is to set forth uniform requirements for direct and indirect contributors into the District wastewater system and to enable the District to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and of 1986 and the General Pretreatment Regulations (40 CFR Part 403). The Oro Loma Sanitary District has adopted similar regulations, and the Castro Valley Sanitary District will coordinate its efforts with the Oro Loma Sanitary District in enforcing these provisions.

The objectives of these regulations are:

(a)    To comply with the laws of the State of California and of the United States relating to the protection of the environment, control of water pollution, disposal of hazardous wastes and pretreatment of industrial discharges to publicly owned treatment works;

(b)    To prevent the introduction of pollutants into the District wastewater system which will interfere with the operation of the system or other District operations or contaminate the resulting sludge;

(c)    To prevent the introduction of pollutants into the District wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system’s overall operations;

(d)    To prevent the introduction of pollutants into the system which may affect the District’s ability to dispose of its sludge or other residuals;

(e)    To improve the opportunity to recycle and reclaim wastewater and sludge from the system;

(f)    To prevent the introduction of wastes that may be inadequately treated by District wastewater system and may adversely affect the environment or may cause a violation of the District’s NPDES permit or may contribute to the need for modification of the District’s NPDES permit;

(g)    To protect District personnel while conducting activities related to the collection, treatment and disposal of wastes through the District wastewater system;

(h)    To prevent a public hazard or public nuisance arising from the collection, treatment and disposal of wastes through the District wastewater system;

(i)    To prevent the introduction of wastes to sewers connected to the District wastewater system that could result in the District being classified as a hazardous waste treatment, storage or disposal facility under the laws of the State of California or the United States;

(j)    To provide for equitable distribution of the cost of the District wastewater system; and

(k)    To implement the provisions of Chapter 1191 of the California Statutes of 1991.

This Code provides for the regulation of direct and indirect contributors to the District wastewater system through the issuance of permits to certain users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This Code shall apply to all users of the District wastewater system, including the Oro Loma Sanitary District wastewater system, and persons who are, by contract or agreement with the District, users of the District wastewater system. Except as otherwise provided herein, the General Manager of the District shall administer, implement, and enforce the provisions of these regulations. Any powers granted to or duties imposed upon the General Manager may be delegated by the General Manager to a duly authorized District employee.

(Added, §1, Ord. 88, 07-03-90)

(Amended, §1, Ord. 100, 05-04-93)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 178, 06-05-18)

Section 6101. Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in these regulations, shall have the meanings hereinafter designated and not transferable to other sections:

(a)    Act 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.

(b)    Amalgam Separator. A collection device designed to capture and remove dental amalgam from the amalgam process wastewater of a dental facility.

(c)    Amalgam Process Wastewater. Any wastewater generated and discharged by a dental discharger through the practice of dentistry that may contain dental amalgam.

(d)    Authorized or Duly Authorized Representative of the User.

(1)    If the user is a corporation:

(i)    The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii)    The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)    If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3)    If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(4)    The individuals described in subsections (d)(1) through (3) of this section may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the District.

(e)    Authorized District Representative. Anyone engaged in District business that is or has been authorized by the General Manager or other designated supervisor to make decisions or determinations regarding official District business on behalf of the District.

(f)    Best Management Practices or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in Section 6200 of this Code (40 CFR 403.5(a)(1) and (b)). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

(g)    Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter [mg/l]).

(h)    Building Sewer. A sewer conveying wastewater from the premises of a user to the District wastewater system.

(i)    Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

(j)    Categorical Industrial User. An industrial user subject to a categorical pretreatment standard or categorical standard.

(k)    CCTV. Closed-circuit television.

(l)     CCTV Inspection. A process whereby a video camera is placed into and run through the inside of a building sewer for the purpose of detecting defects including but not limited to cracks, breaks, offset joints, roots, sags, leaks, and illegal cross-connections or other obvious defects. The inspection is witnessed and reviewed by an authorized District Inspector to verify the building sewer complies with the requirements.

(m)    Collection System. The District pipelines, pump stations, manholes, and other similar facilities which accept, collect and convey sanitary wastewater to the treatment plant.

(n)    Compliance Certificate. A certificate issued by the District indicating that the building sewer associated with the property demonstrated compliance through either a CCTV inspection or a test applicable to partial or full building sewer replacement. The compliance certificate shall also be issued if the building sewer is eligible for exemption as determined by the District.

(o)    Contractor. Any individual, partnership, firm, operator, corporation, or other persons licensed by the State of California to enter into an agreement with the District, or other person to perform or execute the contemplated work.

(p)    Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

(q)    Dental Amalgam. An alloy of elemental mercury and other metal(s) that is used in the practice of dentistry.

(r)    Discharge or Indirect Discharge. The introduction of pollutants into the POTW from any nondomestic source.

(s)    District. The Castro Valley Sanitary District; its governing body is the Sanitary Board (the “Board”).

(t)    District Wastewater System. All of the District’s system for the collection, conveying and treatment of wastewater including, but not limited to, the collection system and the treatment plant jointly owned by the District and the Oro Loma Sanitary District.

(u)    Domestic Wastewater. The liquid, solid and water-carried waste derived from ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer by means of a private conveyance system. The strength shall be considered to have no more than 300 milligrams per liter (mg/l) BOD and suspended solids.

(v)    Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

(w)    Existing Source. Any source of discharge that is not a new source.

(x)    Flashpoint. The minimum temperature at which vapor combustion will propagate away from its source of ignition.

(y)    General Manager. The General Manager of the District or his duly authorized District representative.

(z)    Grab Sample. A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

(aa)    Hazardous Pollutants. Any constituent or combination of constituents that is classified as hazardous under State or Federal regulations or is included on the Federal list of toxic pollutants as specified in 40 CFR Part 403.

(ab)    Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, and vacuum-pump tank trucks.

(ac)    Industrial Waste or Wastewater. All water-carried wastes and wastewater of the community, excluding domestic wastewater derived from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation. Industrial wastewater may also include wastes of human origin similar to domestic wastewater which have been mixed with industrial wastes or wastewater prior to discharge to the District wastewater system.

(ad)    Inspector. The Inspector is the District’s personnel and/or representative duly authorized by the District and responsible for inspections and enforcement of the District’s regulations relating to construction of private and public sewers, including private pipelines, structure, materials, instruments, and appurtenances.

(ae)    Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

(af)    Interceptor. A precast or cast-in-place concrete containment device designed to intercept, trap or otherwise prevent grease, sand, flammable liquids, or other substances potentially harmful to the District wastewater system from entering said system.

(ag)    Interference. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and, therefore, is a cause of a violation of the District’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

(ah)    Intermediate User. An industrial user or nonresidential user of the District’s wastewater disposal system whose wastewater discharge does not fall within the requirements for a significant industrial user, yet requires sampling and monitoring to verify compliance with these regulations and permit conditions.

(ai)    Local Limit. Specific discharge limits developed and enforced by the District upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

(aj)    Lower Explosive Limit (LEL). The point where the concentration of a gas-in-air is sufficiently large to result in an explosion if an ignition source is present.

(ak)    Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(al)    Monthly Average. The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

(am)    Minor User. An industrial or nonresidential user of the District’s wastewater disposal system requiring wastewater discharge monitoring in order to verify compliance with these regulations and permit conditions.

(an)    National Pollutant Discharge Elimination System or NPDES Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(ao)    National Categorical Pretreatment Standard or Federal Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with 40 CFR Subchapter N, Parts 401-471 and Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial user.

(ap)    New Source.

(1)    Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

(i)    The building, structure, facility or installation is constructed at a site at which no other source is located; or

(ii)    The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii)    The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2)    Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (ap)(1)(ii) or (iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

(3)    Construction of a new source as defined under this subsection has commenced if the owner or operator has:

(i)    Begun, or caused to begin, as part of a continuous on-site construction program:

(A)    Any placement, assembly or installation of facilities or equipment; or

(B)    Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which are necessary for the placement, assembly, or installation of new source facilities or equipment; or

(ii)    Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operations within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

(aq)    Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

(ar)    Pass Through. A discharge which exits the District wastewater system into the waters of the State in quantities or in concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the District’s NPDES permit including an increase in the magnitude or duration of a violation.

(as)    Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

(at)    pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

(au)    Phenolic Compounds (Also Referred to as Phenols). Phenols are defined as hydroxy derivatives of benzene and its condensed nuclei.

(av)    Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

(aw)    Pollution. An alteration of the quality of the waters of the State by waste to a degree which unreasonably affects (1) such waters for beneficial use, or (2) facilities which serve such beneficial use or which creates a hazard to the public health.

(ax)    Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the District wastewater system. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

(ay)    Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

(az)    Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

(ba)    Property Owner. A person that owns a parcel or real property, or that person’s authorized representative including a tenant or contractor. As used in this definition, “person” means an individual, trust, corporation, nonprofit organization, Homeowners’ Association, partnership, firm, joint venture, limited liability company, or association. A public entity is not a property owner.

(bb)    Publicly Owned Treatment Works or POTW. A treatment works, as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the Castro Valley Sanitary District and Oro Loma Sanitary District. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

(bc)    Significant Industrial User. Except as provided in subsections (bc)(3) and (4) of this section, a significant industrial user is:

(1)    An industrial user subject to categorical pretreatment standards; or

(2)    An industrial user that:

(i)    Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the District’s wastewater system (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(ii)    Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(iii)    Is designated as such by the District on the basis that it has a reasonable potential for adversely affecting the District’s wastewater system operation or for violating any pretreatment standard or requirement.

(3)    The District may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gpd of total categorical wastewater (excluding sanitary, noncontact cooling, and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

(i)    The industrial user, prior to the District finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

(ii)    The industrial user annually submits the certification statement required in Section 6409(b) of this Code, together with any additional information necessary to support the certification statement; and

(iii)    The industrial user never discharges any untreated concentrated wastewater.

(4)    Upon a finding that a user meeting the criteria in subsection (bc)(2) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the District may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

(bd)    Slug Discharge. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 6200 of this Code. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the District’s wastewater system regulations, local limits or permit conditions.

(be)    Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.

(bf)    State. State of California.

(bg)    Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

(bh)    Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

(bi)    Time-Extension Certificate. A certificate issued by the District in connection with a title transfer transaction to a property owner, or to a transferee, that extends the deadline to obtain a compliance certificate for 180 days from the date the time-extension certificate is issued.

(bj)    Title Transfer. The sale or transfer of an entire real property estate, or the fee interest in that real property estate, excluding the sale or transfer of partial interest such as a leasehold. The following are not considered title transfers:

(1)    A transfer to an heir by a fiduciary during the administration of a decedent’s estates, guardianship, conservatorship, or trust.

(2)    A transfer from one co-owner to one or more other co-owners, or from one or more co-owners into or from a revocable trust, if the trust is for the benefit of the grantor or grantors.

(3)    A transfer made by a trustor to fund an inter vivos trust.

(4)    A transfer made to a spouse, or to a registered domestic partner as defined in Section 297 of the Family Code, or to a person or persons in a lineal consanguinity relationship with one or more of the transferors.

(5)    A transfer between spouses or registered domestic partners resulting from a decree of dissolution of marriage or domestic partnership, resulting from a decree of legal separation, or from a property settlement agreement incidental to a decree.

(6)    A transfer from a property owner to a financial institution as a result of a foreclosure or similar process. A transfer from a financial institution to a new property owner is a title transfer.

(bk)    Total Toxic Organics (TTO). The sum of the masses or concentrations of specific toxic organic compounds found in the industrial user’s process discharge at a concentration greater than 0.01 mg/l. Each categorical standard lists the specific toxic organic compounds that are to be included in the summation to define TTO for the category.

(bl)    Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act, or other State or Federal law.

(bm)    Trap. A cast iron or stainless steel containment device used for trapping substances and to prevent grease, sand or flammable liquids from entering the District wastewater system.

(bn)    Treatment Plant. The facility jointly owned by the District and the Oro Loma Sanitary District that is designed to provide treatment to wastewater.

(bo)    Truck Hauled Wastewater. Any wastewater removed from a cesspool, septic tank system, chemical toilet, portable toilet, sump, collection tank, or wastewater holding tank, and transported to another location for disposal.

(bp)    Upset. An exceptional incident in which there is unintentional and temporary noncompliance with discharge permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(bq)    User or Industrial User. A source of indirect discharge.

(br)    Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the District wastewater system.

(bs)    Wastewater Discharge Permit. An individual or general permit issued under Section 6401 of this Code.

(Added, §1, Ord. 88, 07-03-90)

(Amended, §2, Ord. 100, 05-04-93)

(Amended, §2, Ord. 140, 03-07-06)

(Amended, §1, Ord. 151, 02-02-10)

(Amended, §1, Ord. 162, 07-01-14)

(Amended, §1, Ord. 169, 05-03-16)

(Amended, §1, Ord. 178, 06-05-18)

(Amended, §1, Ord. 179, 09-04-18)

Section 6102. Abbreviations.

The following abbreviations shall have the designated meanings:

BOD	Biochemical Oxygen Demand
BMPs	Best Management Practices
BMR	Baseline Monitoring Report
CFR	Code of Federal Regulations
CIU	Categorical Industrial User
COD	Chemical Oxygen Demand
EPA	Environmental Protection Agency
gpd	Gallons per Day
IU	Industrial User
ISO	International Organization for Standardizations
LEL	Lower Explosive Limit
L	Liter
mg	Milligrams
mg/l	Milligrams per Liter
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly Owned Treatment Works
SIC	Standard Industrial Classification
SIU	Significant Industrial User
TTO	Total Toxic Organics
TRC	Technical Review Criteria
TSS	Total Suspended Solids
U.S.C.	United States Code

(Added, §1, Ord. 88, 07-03-90)

(Amended, §3, Ord. 100, 05-04-93)

(Amended, §1, Ord. 151, 02-02-10)

(Amended, §1, Ord. 178, 06-05-18)