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ARTICLE 1 ‑ GENERAL PROVISIONSSection 1 ‑ Purpose. These Rules and Regulations set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems operated by the Rancho Santa Fe Community Services District (DISTRICT) and enables the DISTRICT to comply with all applicable State of California and Federal laws required by the Clean Water Act of 1977 and subsequent Amendments and the General Pretreatment Regulations (40 CFR 403). Section 2 ‑ Authority. These Rules and Regulations are adopted pursuant to Uniform Sewerage Ordinance No. 11, Section 37. Section 3 ‑ Title. These Rules and Regulations shall be known and may be cited as "Rules and Regulations for Use of District Sewerage Facilities." ARTICLE II ‑ DEFINITIONS Section 4 ‑ Signification of Words. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection of Environment; Chapter, 1, Environmental Protection Agency; Part 136, Test Procedures for the Analysis of Pollutants), or as specified herein. 4.1 ‑ "Manager" shall mean the General Manager of the Rancho Santa Fe Community Services District. 4.2 ‑ "District" shall mean the Rancho Santa Fe Community Services District. 4.3 ‑ 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. 4.4 ‑ Approval Authority. For pretreatment, the administrator of the EPA, unless delegated to State of California Water Resources Control Board. 4.5 ‑ Authorized Representative of Industrial User. An authorized representative of an Industrial User may be: (1) a principal executive officer of at least the level of vice‑president, if the Industrial User is a corporation; (2) a general partner or proprietor if the Industrial User is a partnership or proprietorship, respectively; (3) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. 4.6 ‑ National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed under the Authority of 307(b) of the Act and 40 CFR, Section 403.5. 4.7 ‑ National Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Users. 4.8 ‑ Interference. The inhibition or disruption of the POTW treatment processes or operations, which contributes to a violation of any requirement of the treatment plant's NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act NWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. 4.9 ‑ New Source. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to each source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard. 4.10 ‑ 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 a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or other process means, except as prohibited by 40 CFR Sect ion 403.6(d). 4.11 ‑ Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an Industrial User. 4.12 ‑ 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, 1972. 4.13 ‑ "Sewer System" shall mean all construction and appurtenant equipment utilized in the collection, transportation, pumping, treatment and final disposal of wastewater within the District. 4.14 ‑ "Person" shall mean any person, firm, company, association, corporation, district, the State of California, the United States of America, or any department or agency thereof. 4.15 ‑ "Premise" shall mean any lot, piece or parcel of land, building or establishment. 4.16 ‑ "Sewage" shall mean wastewater. 4.17 ‑ "Waste" shall mean sewage and any and all other waste substance, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature, prior to and for ‑the purpose of disposal. 4.18 - "Domestic Wastewater" shall mean liquid and liquid‑borne wastes normally discharged from premises occupied by humans as living quarters. 4.19 ‑ "Industrial Wastes" shall mean solid, liquid or gaseous substances discharged or flowing from an industrial, manufacturing or commercial premise resulting from manufacturing, processing, treating, recovery or development of natural or artificial resources of whatever nature. 4.20 ‑ "Industrial Wastewater" shall mean all water carried wastes and wastewater of the community, excluding domestic wastewater, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, service, agricultural, or other operation. These may include wastes of human origin similar to domestic wastewaters. 4.21 ‑ "Wastewater Constituents and Characteristics" shall mean the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of wastewater. 4.22 ‑ "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. 4.23 ‑ "B.O.D. (Denoting Biochemical Oxygen Demand)" shall mean the quantity of oxygen utilized in the biochemical oxidization of organic matter under standard laboratory procedure in 5 days at 20°C. expressed in milligrams per liter. 4.24 ‑ "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. 4.25 ‑ "Mass Emission Rate" shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. 4.26 ‑ "Class I User" shall mean any discharge who: 1. Has a discharge flow of 25,000 gallons or more per day; or 2. Waste strength significantly (50%) greater than average sewage (average sewage will be considered to have a B.O.D. of 300mg/1 and suspended solids of 300 mg/1); or 3. Involves the discharge of components which may exceed the parameters as specified in Article III, Section 8 herein. 4.27 ‑ "Class II User" shall mean any discharger who discharges less than 25,000 gallons per day; and is not required to obtain a Class I Permit. 4.28 ‑ "Industrial User" shall mean any user that discharges water carried wastes and wastewaters to the District's sewerage facilities, and identified in the Standard Industrial Classification Manual 1972, Officer of Management and Budget, as amended and supplemented under Divisions A, B, C, D, E and 1. 4.29 ‑ "Shall" is mandatory; "May" is permissive. 4.30 ‑ "Pollutant" shall mean any constituent or characteristic of wastewaters on which a discharge limitation may be imposed by either the District or the regulatory bodies empowered to regulate the District. 4.31 ‑ "Compatible Pollutant" shall mean a combination of Biochemical Oxygen Demand, Suspended Solids, pH, Fecal Coliform Bacteria, plus other pollutants that the sewerage system's treatment works are designed to remove. 4.32 ‑ "Incompatible Pollutant" shall mean any pollutant which is not a compatible pollutant as defined herein. 4.33 ‑ Grab Sample. A sample which is taken from a waste stream on a one‑time basis with no regard to the flow in the waste stream and without consideration of time. 4.34 ‑ Abbreviations. The following abbreviations shall have the designated meanings:
ARTICLE III - INDUSTRIAL WASTE DISCHARGE PERMITS; ISSUANCE Section 5 ‑ Discharge of Industrial Waste; Permit Required. No person shall connect to or otherwise discharge, or cause to be discharged into the sewer system any industrial waste unless said person has theretofore filed an industrial waste discharge application and the Manager has issued such permit. The industrial waste permit shall be in one of two forms and is dependent upon the volume and characteristics of wastewater to be discharged. This permit shall be within one of the following permit classes. (a) Class I Permit (b) Class II Permit Section 6 ‑ Procedure for the Processing of an Application. 6.1 ‑ All commercial/industrial users proposing to connect to any sewerage system operated by the Rancho Santa Fe Community Services District shall make a written application to the DISTRICT. 6.2 ‑ Application Forms. Standardized application forms will be provided by the Manager indicating thereon the information which the applicant for a permit shall be required to furnish. At its own expense, the applicant may be required to provide (in addition to the information required to be furnished on the printed application form) such additional information, analyses, or data as deemed necessary by the Manager to fully and adequately evaluate the use and discharge for which a permit is sought. 6.3 ‑ Manager to Evaluate the Application. In evaluating a permit application, the Manager shall consider the following factors: 6.3.1 ‑ Whether the discharge of waste will cause damage to or be otherwise injurious or detrimental to the sewer systems; 6.3.2 ‑ Whether the discharge of waste will cause an unwarranted increase in the cost of operation and maintenance; 6.3.3 ‑ Whether the discharge of waste will retard or inhibit the treatment of wastewater; 6.3.4 ‑ Whether the discharge of waste will be detrimental to the quality of the receiving waters of the treated wastewaters; 6.3.5 ‑ Whether the waste discharge can be made acceptable by properly engineered pretreatment facilities; 6.3.6 – Whether the sewer system can properly and safely process the proposed industrial waste discharge; 6.3.7 – Any other matters deemed material in arriving at a determination of permittee’s discharge quantity and quality. 6.4 - Based upon the findings of the Manager, Manager will either refuse to issue a permit or issue the industrial waste discharge permit to the applicant. The Manager shall be responsible for the issuance and enforcement of all industrial waste discharge permits. Section 7 – Permit Conditions 7.1 – Industrial Waste Discharge Permits shall be expressly subject to all provisions of these Rules and Regulations and all other applicable regulations, user charges and fees established by the DISTRICT. Permits may contain the following: 7.1.1 – The unit charge or schedule of user charges and fees for the wastewater to be discharged to a District sewer; 7.1.2 – Limits on the average and maximum wastewater constituents and characteristics; 7.1.3 – Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; 7.1.4 – Requirements for installation and maintenance of inspection and sampling facilities; 7.1.5 – Specification for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; 7.1.6 – Compliance schedules; 7.1.7 – Requirements for submission of technical reports or discharge reports; 7.1.8 – Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the DISTRICT and affording DISTRICT access thereto; 7.1.9 – Requirements for notification of the County of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; 7.1.10 – Requirements for notification of slug discharges; 7.1.11 – Other conditions as deemed appropriate by the DISTRICT to ensure compliance with these Rules and regulations. 7.2 – Federal Categorical Standards. Within 9 months of the promulgation of a Federal Categorical Pretreatment Standard, the Industrial waste Permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a Federal Pretreatment Standard, has not previously submitted an application for an Industrial Waste Permit as required by these Rules and regulations (Section 5), the user shall apply for an Industrial Waste Permit within 180 days after the promulgation of the applicable Federal Categorical Pretreatment Standard. In addition, the user with an existing Industrial Waste Permit shall submit to the Manager within 180 days after the promulgation of an applicable Categorical Pretreatment Standard the following information: 7.2.1 ‑ Where known, the nature and concentration of any pollutants in the discharge which are limited by any DISTRICT, State or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (0&M) and/or additional pretreatment is required for the user to meet applicable Pretreatment Standards. If additional pretreatment and/or 0&M will be required to meet the pretreatment standards, the user shall furnish the shortest schedule by which such additional pretreatment will be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule: 1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). 2. No increment referred to in paragraph (1) shall exceed nine (9) months. 3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Manager including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Manager. 7.3 ‑ Permit Duration. Permits shall be issued for a specified time based on the dischargers potential impact on the POTW. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Manager during the term of the permit as limitations or requirements as identified in Section 8 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 7.4 ‑ Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the DISTRICT. 7.5 ‑ Reporting Requirements for Permittee. 7.5.1 ‑ Compliance Date Report. Within 90 days following the date for final compliance with applicable pretreatment standards, or in case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis, and if not, what additional 0&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial Cuser and certified by a qualified professional. After initial report submittal, self monitoring reports shall be submitted at least twice a year (usually June and December). Section 8 ‑ Regulations. 8.1 ‑ General Discharge Prohibitions. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater ‑which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other National, State or Local pretreatment standards or requirements. A user may not contribute the following substances to any POTW. 8.1.1 ‑ Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient whether alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes; peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the DISTRICT, the State or EPA has notified the user is a fire hazard or a hazard to the system. 8.1.2 ‑ Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one‑half inch (Z") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass, clippings, rags, spent grains, ,spent hops, waste paper, wood, plastics, gas, tar, asphalt, residues from refining, or _ processing of fuel or lubricating oil, mud, or glass, grinding or polishing wastes. 8.1.3 ‑ Any wastewater having a pH less than 5.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW. 8.1.4 ‑ Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(x) of the Act. 8.1.5 ‑ Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. 8.1.6 ‑ Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used. 8.1.7 ‑ Any substance which will cause the POTW to violate its NPDES Permit or the receiving water quality standards. 8.1.8 ‑ Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. 8.1.9 ‑ Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40°C. (104°F.) unless the POTW treatment plant is designed to accommodate such temperature. 8.1.10 ‑ Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty‑four (24) hour concentration, quantities, or flow during normal operation. 8.1.11 ‑ Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the Manager in compliance with applicable State or Federal regulations. 8.1.12 ‑ Any wastewater which causes a hazard to human life or creates a public nuisance. When the Manager determines that a user is discharging any of the above listed substances in such amounts as to interfere with the operation of the District's sewerage system. The Manager shall: (1) notify the user of the impact or effect on the system; and (2) develop discharge limitations for such user or users to correct the interference with the systems operation. 8.2 ‑ Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under these Rules and Regulations. The Manager shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. 8.3 ‑ State Requirements. State requirements and limitations or discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this ordinance. 8.4 ‑ DISTRICT's Right of Revision. The DISTRICT reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the sanitary sewer and disposal systems if deemed necessary to project the local sewerage systems or personnel. 8.5 ‑ Pretreatment. Users shall provide necessary wastewater treatment as required to comply with these Rules and Regulations and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to. a level acceptable to the DISTRICT shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the DISTRICT for review, and shall be acceptable to the DISTRICT before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to 'the DISTRICT under the provisions of these Rules and Regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the DISTRICT prior to the user's initiation of the changes. The DISTRICT shall annually publish in a general newspaper a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All records relating to compliance with pretreatment standards shall be made available to officials of the Approval Authority upon request. 8.6 ‑ Inspection and Sampling. The DISTRICT shall inspect the facilities of any user to ascertain whether the purpose of these Rules and Regulations is being met and all requirements are being complied with: Persons or occupants of premises where wastewater is created or discharged shall allow the DISTRICT or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The DISTRICT and Approval Authority shall have the right to copy records, and to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the DISTRICT and Approval Authority will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 8.7 ‑ Monitoring Facilities. The DISTRICT shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the DISTRICT may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will, not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the DISTRICT's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the DISTRICT. ARTICLE IV - ENFORCEMENT OF RULES AND REGULATIONS Section 9 ‑ Authority. The General Manager of the Rancho Santa Fe Community Services District, State of California is charged with enforcing all applicable State, Federal, Local laws, and ordinances regarding discharge of wastewater into the sewer systems under his jurisdiction and all the provisions of these Rules and Regulations.\ When the sewerage agency serves more than one political jurisdiction, the development and enforcement of ordinances, rules, and regulations controlling the discharge of industrial wastewaters is legally the responsibility of the individual municipalities (agencies and districts). They may look to the regional agency for guidance in such matters but nevertheless, the local agency must retain the authority to deal with industries in their systems in these situations. The legal authority established must be binding on industrial users and enforceable by contract law or police powers. The Manager is assigned the authority to enforce these Rules and Regulations under one or more of the following ordinances: 9.1 ‑ DISTRICT Code of Regulatory Ordinances Section 68.160 9.2 ‑ DISTRICT Uniform Sewerage Ordinance 6295 (ICS.) Section 84. Section 10 ‑ Harmful Discharges. The DISTRICT may suspend the sewer system service and/or an industrial waste permit when such suspension is necessary, In the opinion of the Manager, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, the environment, causes interference to the sewer treatment plant, causes the DISTRICT to violate any condition of its NPDES Permit, or to violate any discharge established by joint powers plant NPDES Permits used, but not operated by the DISTRICT. The DISTRICT may suspend the wastewater treatment service and/or a Wastewater Discharge Permit when such suspension is necessary, in the opinion of the DISTRICT, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the DISTRICT to violate any condition of its NPDES Permit. Any person notified of a suspension of the wastewater treatment service and/or the wastewater Discharge Permit shall immediately stop or eliminate the contribution.. In the event of a failure of the person to comply voluntarily with the suspension order, the DISTRICT shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The DISTRICT shall reinstate the Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the DISTRICT within 1.5 days of the date of occurrence. Section 11 ‑ Revocation of Permits. Any user who violates the following conditions of these Rules and Regulations, or applicable State and Federal regulations, is subject to having his permit revoked in accordance with the procedures of Section 12.0 of these Rules and Regulations 11.1 ‑ Failure of a user to factually report the wastewater constituents and characteristics of his discharge. 11.2 ‑ Failure of the user to report significant changes in operations, or wastewater constituents and characteristics. 11.3 ‑ Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. 11.4 ‑ Violation of conditions of the permit Section 12 ‑ Notification of Violation. Whenever the DISTRICT finds that any user has violated or is violating these Rules and Regulations, industrial waste discharge permit, or any prohibition, limitations, or requirements herein, the Manager may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory corrective actions thereof shall be submitted to the Manager by the user. Section 13 ‑ Civil Penalties. Any user who is found to have willfully or negligently failed to comply with any provision of these Rules and Regulations, and the orders, rules, regulations and permits issued hereunder shall be fined not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ($500.00) for each offense. Each day on which a violation shall occur or continue shall be considered a separate and distinct offense. In addition to the penalties provided herein, the DISTRICT may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated these rules, regulations, orders and/or permits issued hereunder. Section 14 ‑ Falsifying Information. Any person who knowingly makes any false statements, representation of certification on any application, record, report, plan or other document files or required to be maintained pursuant to these Rules and Regulations or industrial waste permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these Rules and Regulations shall, upon conviction, be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than thirty (30) days, or by both. Section 15 ‑ Violation: Responsibility for Loss or Damage. Any person violating any provision of these Rules and Regulations shall be liable for all damage to the sewer system incurred as a result of such violation and for any increase in the cost of maintenance or repair resulting from such violation. Section 16 ‑ Tentative Nature of the Permit. If, after the granting of a permit, it shall develop, by reason of increased flow, change in the nature of industrial processes, or for any cause whatsoever that the industrial waste discharge by a permittee conflicts with any provisions of these Rules and Regulations or any applicable State, Federal or Local law or ordinance the Manager may revoke or suspend the permit, or may require a reevaluation of the permit, or may impose further conditions with respect thereto directed toward the elimination of such conflict. Any permittee shall immediately report to the Manager any significant increase or decrease in flow or in the nature of the discharge and failure to do so shall be grounds for suspension or revocation of the permit. Section 17 ‑ No Dilution. No user shall ever increase the use of process water, or in n 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 Federal Categorical Pretreatment Standards, or in any other pollutant‑specific limitation developed by the DISTRICT or State. Section 18 ‑ Accidental Discharges. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by these Rules and Regulations. Facilities to prevent accidental discharge. of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the DISTRICT for review, and shall be approved by the DISTRICT before construction of the facility. No user who commences contribution to the POTW after the effective date of these Rules and Regulations shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the DISTRICT. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of these Rules and Regulations. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Manager of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. 18.1 ‑ Written Notice. Within five (5) days following an accidental discharge, the user shall submit to the Manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss or damage. Section 19 ‑ Confidential ‑Information. Information and data on a user obtained from report, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the DISTRICT that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Effluent data, per se, may not be afforded confidential status and shall be considered public information. Section 20 ‑ Legal Action. If any person discharges sewage, industrial wastes or other wastes into the public wastewater disposal systems operated by the Rancho Santa Fe Community Services District contrary to the provisions of these Rules and Regulations, Federal or State pretreatment requirements, or any order of the DISTRICT, the District's attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court of the County of San Diego. |
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Rancho Santa Fe Community Services District Copyright 2004 -2005 |
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