Escondido Municipal Code § 22-183 Unusual conditions, special agreements, and waivers

(a) No statement contained in this article prevents any special agreement or arrangement between the city and any industrial user whereby a nonresidential waste of unusual strength or character may be accepted by the city for treatment.

(b) Subject to subsection (c) below, the director shall grant approval for a discharge to the sewer that otherwise fails to comply with this article, in the form of a waiver or modification of the requirements of a wastewater discharge permit, if the director, pursuant to the director's approval, finds that:

(1) The discharge will not cause harm to, nor unreasonably or inequitably burden, the wastewater system; and

(2) When considered together with similar excesses in discharges, will not materially affect the ability of the city to meet RWQCB's requirements as to the city's wastewater treatment plant effluent pursuant to the applicable NPDES permit.

(c) The director shall not grant a waiver or modify requirements of a wastewater discharge permit regarding any requirement set forth by federal or state law, regulation, or order.

(Ord. No. 95-8 § 1, 7-12-95; Ord. No. 2008-07, § 1, 2-27-2008; Ord. No. 2011-18, § 8, 12-14-11; Ord. No. 2021-16, § 3, 10-27-21)

(a) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the director shall enter into an inter-municipal agreement with the contributing municipality.

(b) Prior to entering into an agreement required by subsection (a) above, the director shall request the following information from the contributing municipality:

(1) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

(2) An inventory of all users located within the contributing municipality that are discharging to the POTW; and

(3) Such other information as the director may deem necessary.

(c) An inter-municipal agreement, as required by subsection (a) above, shall contain the following conditions:

(1) A requirement for the contributing municipality to adopt a sewer use ordinance at least as stringent as this chapter and local limits, including required baseline monitoring reports at least as stringent as those set out in this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to this chapter or local limits;

(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

(3) A provision specifying which pretreatment implementation activities, including issuance of a wastewater discharge permit, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the director; and which of these activities will be conducted jointly by the contributing municipality and the director;

(4) A requirement for the contributing municipality to provide the director with access to all information that the contributing municipality obtains as part of its pretreatment activities;

(5) Limits on the nature, quality, and volume of the contributing municipality's wastewater at each point where it discharges to the POTW;

(6) Requirements for monitoring the contributing municipality's discharge;

(7) A provision ensuring the director's access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the director; and

(8) A provision specifying remedies available for breach of the terms of the inter-municipal agreement.

(Ord. No. 2021-16, § 3, 10-27-21)