Chapter 3.30
SEWAGE AND DISCHARGE REGULATIONS
Sections:
3.30.020 Permissible discharges.
3.30.030 General discharge prohibition.
3.30.040 Prohibited discharges.
3.30.050 Prohibited substances or characteristics.
3.30.060 Prohibited discharge location.
3.30.070 National categorical pretreatment standards.
3.30.080 Specific pollutant limitations.
3.30.090 State and federal requirements and standards.
3.30.100 WCW’s right of revision.
3.30.130 Hazardous waste discharges.
3.30.010 Purpose and policy.
This chapter sets forth uniform requirements for users of the publicly owned treatment works of West County Wastewater and enables WCW to comply with all applicable state and federal laws required by the Clean Water Act of 1977, as amended, and the general pretreatment regulations (40 CFR Part 403) which are on file at the WCW office.
The objectives of this chapter 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 the POTW.
B. To prevent the introduction of wastes which will interfere with the POTW or other WCW operations.
C. To prevent the introduction of wastes into the POTW, which will pass through the POTW, inadequately treated, into receiving waters.
D. To prevent the introduction of substances which would cause WCW to fail to meet air quality goals of the Bay Area Air Quality Management District.
E. To prevent introduction of toxic substances to the POTW which could reach the environment in toxic amounts.
F. To prevent the introduction of wastes into the POTW which may affect WCW’s ability to dispose of, recycle, or reclaim its sludge or other residuals.
G. To reasonably maintain the opportunity to recycle and reclaim wastewater from the POTW.
H. To prevent the introduction of wastes that the POTW is not designed to adequately treat and may therefore adversely affect the environment or may cause a violation of WCW’s NPDES permit or may contribute to the need for modification of WCW’s NPDES permit.
I. To protect WCW personnel while conducting activities related to the collection, treatment, and disposal of wastes through the POTW.
J. To prevent a public hazard or public nuisance arising from the collection, treatment, and disposal of wastes through the POTW.
K. To prevent the introduction of wastes to the POTW that could result in WCW being classified as a hazardous waste treatment, storage, or disposal facility under the laws of the state of California or the United States.
L. To provide for equitable distribution of the cost of WCW’s source control program.
This chapter provides for the regulation of all users of the publicly owned treatment works through the issuance of general permits and individual permits to certain users, and through the enforcement of general requirements. This title also authorizes monitoring and enforcement activities; requires user reporting; establishes administrative review procedures; and provides for the setting of fees for the equitable distribution of costs associated with maintaining a source control program.
WCW is committed to a policy for beneficial use of sludge. Therefore, the implementation of programs to land apply or to provide for marketing and distribution of sludge-derived products, may necessitate more stringent quality requirements on waste discharges. WCW is also committed to a policy of wastewater reclamation and reuse in order to provide an alternate source of water supply. More stringent quality requirements on waste discharges may be necessary to meet the effluent quality required to implement wastewater reclamation programs.
This chapter shall apply to all discharges within WCW and to discharges from other governmental bodies or agencies who are, by contract or agreement with WCW, users of the publicly owned treatment works. Except as otherwise provided herein, the general manager of WCW will administer, implement, and enforce the provisions of this title. [Ord. 2023-003 § 6.010]
3.30.020 Permissible discharges.
Wastewater may be discharged to the POTW for collection, treatment, and disposal by WCW; 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 WCW sewer fees and charges including any penalties or charges assessed under this title. [Ord. 2023-003 § 6.020]
3.30.030 General discharge prohibition.
No user shall contribute or cause to be contributed to the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions and the specific prohibitions contained in this chapter apply to all users of the POTW whether or not the user is subject to national pretreatment standards or any other national, state, or WCW pretreatment standards or requirements. [Ord. 2023-003 § 6.030]
3.30.040 Prohibited discharges.
A user may not discharge, or cause to be discharged, wastewater to the POTW if it contains substances or has characteristics, which, either alone or by interaction with other wastewater, cause or threaten to cause:
A. Damage to the POTW.
B. Interference or impairment of operation or maintenance of the POTW.
C. Obstruction of flow in the POTW.
D. Hazard to human life.
E. Interference with treatment plant or disposal processes.
F. In no case shall substances discharged to the POTW 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. WCW 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 POTW for maintenance and repair.
K. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating WCW’s NPDES permit.
L. Conditions that 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 WCW’s NPDES permit or any additional regulatory supervision, intervention or oversight of WCW’s operations.
N. Any alteration of WCW’s treatment plant processes.
O. Any significant alteration of WCW operations, including but not limited to affecting the ability of WCW to procure adequate insurance and/or subjecting WCW operations to significantly increased potential liability. [Ord. 2023-003 § 6.040]
3.30.050 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 the POTW or be injurious to human health and safety or to the operation of the POTW. 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 POTW (or at any point in the POTW), 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 the POTW such as, but not limited to, FOG, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel, mud, cement grout, glass, grinding or polishing wastes, 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 A1, 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 WCW 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 with the POTW.
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 the POTW.
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, roof runoff, artesian well water, swimming pool drainage, diatomaceous earth filter backwash, unless a specific permit is issued by WCW. WCW 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, noncontact 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 WCW prior to the discharge. WCW may approve the discharge of such water only when no reasonable alternative method of disposal, in the determination of WCW, 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 WCW facility, and said variance provisions are approved by WCW.
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 WCW board.
N. Any substance, waste, wastewater or constituent thereof, which may by itself or in combination with other discharges cause WCW 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 WCW 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 WCW.
Q. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW.
R. Sludges, screenings, or other residues from the pretreatment of industrial wastes.
S. 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 WCW general manager. WCW has 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. 2023-003 § 6.050]
3.30.060 Prohibited discharge location.
No user shall discharge any wastewater directly into a manhole or other opening in the WCW sewerage system other than through sewer laterals or other sewer connection approved by WCW, 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 WCW. [Ord. 2023-003 § 6.060]
3.30.070 National categorical pretreatment standards.
National categorical pretreatment standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, are hereby incorporated into this chapter and made a part thereof. [Ord. 2023-003 § 6.070]
3.30.080 Specific pollutant limitations.
No person shall discharge wastewater to a WCW facility which exhibits any characteristic which is specifically prohibited by an action of the WCW board, or any wastewater containing constituents in excess of any specific constituent level limitations as may be set by the WCW board. Any violation of a specific pollutant limitation as may be set forth in a WCW 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 A2 for maximum allowable concentrations as adopted by resolution. All specific pollutant limitations set by WCW are deemed pretreatment standards for the purposes of Section 307(d) of the Act. WCW may develop best management practices, by ordinance or in individual wastewater discharge permits, to implement specific pollutant limitations, discharge prohibitions, and the requirements of this section. [Ord. 2023-003 § 6.080]
3.30.090 State and federal requirements and standards.
In the event that either state or federal requirements and standards for discharges to WCW 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 WCW facilities at such time and in such manner as is set forth in WCWDC 3.40.040(D) and (F) and 3.60.040. [Ord. 2023-003 § 6.090]
3.30.100 WCW’s right of revision.
WCW reserves the right to establish by ordinance or resolution more stringent limitations or requirements on discharges to WCW facilities if deemed necessary to comply with the objectives presented in this chapter. No revision of limitations or requirements hereunder shall subject WCW to civil liability or penalty for interference with a vested right of any user. [Ord. 2023-003 § 6.100]
3.30.110 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 WCW or the state, with this chapter, or the user’s permit, or to establish an artificially high flow rate for permit mass emission rates. WCW may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. 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. 2023-003 § 6.110]
3.30.120 Slug discharges.
A. All users shall be prohibited from allowing slug discharges from entering WCW’s sewerage system. Significant industrial users are required to notify WCW immediately of any changes at its facility affecting the potential for a slug discharge.
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 WCW. 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), WCW 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 control plans (SDCP) 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 WCW 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 WCW, 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 runoff, 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 WCW, follow-up practices to limit the damage suffered by the treatment plant or the environment.
These plans shall be submitted to WCW for review and approval. All users required to have an SDCP shall submit such a plan within three months and complete implementation within six months of notice regarding the requirements of such plan. WCW’s 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 WCW of the incident. The notification shall include location of the discharge, type of waste, concentration and volume and corrective action. The user shall provide WCW 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. 2023-003 § 6.120]
3.30.130 Hazardous waste discharges.
All industrial users shall notify WCW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge to WCW’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. Industrial users shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste.
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 WCW’s facilities, the notification shall also contain the following information, if known: (A) an identification of the hazardous waste constituents contained in the waste; (B) an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and (C) 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 3.30.050(N). [Ord. 2023-003 § 6.130]
The appendix referenced herein is available at the district office for review.
The appendix referenced herein is available at the district office for review.