Kern County Municipal Code Art. V Industrial Wastewaters

A. Except as provided in Section 14.24.590 of this chapter, no person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the districts without first obtaining a districts' permit for industrial wastewater discharge. Discharge of industrial wastewater without a district permit is a violation of this chapter. A separate permit for industrial wastewater discharge is required for each industrial wastewater connection to a public sewer discharging directly or indirectly to the districts' sewerage system.

B. The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the districts, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the districts created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter.

C. No districts' permit for industrial wastewater discharge is transferable without the prior written consent of the chief engineer.

D. No person shall discharge industrial wastewaters in excess of the quantity or quality information stated in the permit for industrial wastewater discharge. Any person negligently or wilfully exceeding permit limitations is in violation of this chapter. Any person desiring to modify his industrial plant, process or wastewater treatment facilities in a manner which would increase or decrease the flow rate or alter the quality of the wastewater discharge described in his industrial wastewater discharge permit shall apply for an amended permit.

(Prior code § 3911.4.01)

A. Applicants for a permit for industrial wastewater discharge shall complete a districts' application form. The districts may require additional information on the characteristics of the wastewater discharge beyond that required on the application form.

B. Upon receipt of all required information, the application shall be processed and, upon approval, one (1) copy returned to the applicant. When properly signed, the application form, together with any documents attached thereto, shall constitute a valid permit for industrial wastewater discharge.

C. The application shall be approved if the applicant has complied with all applicable requirements of this chapter and furnished to the districts all requested information and if the chief engineer determines that there is adequate capacity in the districts' facilities to convey, treat and dispose of the wastewaters.

(Prior code § 3911.4.02)

The districts may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The districts shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater discharge permit required by the districts.

(Prior code § 3911.4.03)

A. The chief engineer, in the exercise of his reasonable discretion, may suspend a permit for industrial wastewater discharge, or may suspend the authorization to discharge any specified form of industrial waste, or may suspend any other permit issued under this chapter, for a period not to exceed forty-five (45) days, when it appears to him such suspension is necessary to stop or prevent a discharge which is or may be hazardous or detrimental to the public health, safety or welfare, to the local environment, or the district sewerage system.

B. Any discharger when notified of such suspension shall immediately cease and desist the discharge of all industrial wastewater (in case of suspension of a permit for industrial wastewater discharge), or discharge of the industrial waste specified in the order of suspension, or discharge of other effluent (in case of suspension of other permit), to the district sewerage system; and any continued discharge to the district sewerage system while such suspension is in effect contrary to this provision constitutes a violation of this chapter. The chief engineer may temporarily block or disconnect any connection of any discharger whose permit has been so suspended, where it appears to him in the exercise of his reasonable discretion that such action is necessary to ensure compliance with such order of suspension.

C. Any suspended discharger may file with the chief engineer a request for a board hearing. Such a request shall not stay the suspension. The board of directors shall hold a hearing on the suspension within fourteen (14) days after such filing. Notice of the hearing shall be given to the discharger in accordance with Section 14.24.500 of this chapter at least five (5) days prior to the hearing. Such hearing may be continued from time to time with the consent of the discharger.

D. In case the board fails to hold such hearing within fourteen (14) days after such filing, or fails to make a determination within seventy-two (72) hours after the close of the hearing, the order of suspension shall be automatically stayed until such time as the board makes its determination.

E. Anytime prior to the conduct of any such hearing, the chief engineer is authorized to reinstate any such permit if he is satisfied, in the exercise of his reasonable discretion, that the cause for such suspension has been cured or remedied, or that there was no cause for suspension.

F. The board of directors is authorized to make an order terminating such suspension, or when it appears to the board such suspension is necessary to stop or prevent a discharge which is or may be hazardous or detrimental to the public health, safety or welfare, to the local environment, or to the district sewerage system, it may order a further or continued suspension of such permit subject to reinstatement on such terms and conditions as the board may determine including, by way of illustration and not as a limitation, payment of costs incurred by the district in the proceedings for such suspension and any hearing thereon.

(Prior code § 3911.4.04)

A. The board of directors may revoke a permit for industrial wastewater discharge or other permit or plan approval, or suspend the same for such period of time as the board deems to be necessary and reasonable, upon finding that the discharger is responsible for any breach of any requirement or provision of this chapter or any condition or limitation of his permit or plan approval, or that the discharger has failed to pay when due any fee, charge, surcharge, penalty or interest required to be paid under this chapter. No such revocation or suspension shall be ordered until a hearing on the question has been held by the board of directors. Notice of the hearing shall be given to the discharger in accordance with Section 14.24.500 of this chapter at least fifteen (15) days prior to the date of hearing.

B. Any discharger whose permit or plan has been so revoked or suspended shall immediately cease and desist all discharge or effluent or any liquid carried wastes covered by the permit or plan to the district sewerage system, and any continued discharge to the district sewerage system constitutes a violation of this chapter.

C. The chief engineer may disconnect or permanently block the connection to the district sewerage system of any discharger whose permit or plan has been revoked or suspended, where it appears to him in the exercise of his reasonable discretion that such action is necessary to ensure compliance with such order of revocation or suspension.

D. The board of directors is authorized to impose such terms as it may deem reasonable and necessary as a condition to reinstatement of a suspended permit, or for issuance of a new permit to any discharger whose permit has been so revoked, including, by way of illustration and not as a limitation, payment of costs incurred by the district in the proceedings for revocation or suspension and any disconnection aforementioned, and any hearing thereon, and payment of all delinquent fees, charges, surcharges, penalties or interest required to be paid under this chapter in connection with the suspended or revoked permit.

(Prior code § 3911.4.05)

A. No person shall discharge or cause to be discharged to any public sewer which directly or indirectly connects to the districts' sewerage systems any wastes which may have an adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or which may otherwise endanger the public, the local environment or create a public nuisance. Included within the prohibition above set forth is the discharge of any wastes which may adversely affect water reclamation procedures.

B. The chief engineer, in determining the acceptability of specific wastes, shall consider the nature of the waste and the adequacy and nature of the collection, treatment and disposal system available to accept the waste.

C. Except as provided in Section 14.24.750 of this chapter, no person shall discharge or cause to be discharged to a public sewer, which directly or indirectly connects to the districts' sewerage systems, the following wastes:

1. Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the sewerage system;

2. Any waste containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system;

3. Any waste having a pH lower than 6.0 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the sewerage system;

4. Any solids or viscous substances of such size or in such quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastic, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground;

5. Any rainwater, storm water, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water;

6. Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations;

7. Any excessive amounts of nonbiodegradable petroleum or mineral-based cutting oils, commonly called soluble oil and which form persistent water emulsions;

8. Any excessive concentrations of nonbiodegradable oil, petroleum oil or refined petroleum products;

9. Any dispersed biodegradable oils, fats and greases, such as lard, tallow or vegetable oil in excessive concentrations that would tend to cause adverse effects on the sewerage system;

10. Any waste with an excessively high concentration of cyanide;

11. Any unreasonably large amounts of undissolved or dissolved solids;

12. Any wastes with excessively high BOD, COD or decomposable organic content;

13. Any strongly odorous waste or waste tending to create odors;

14. Any wastes containing dissolved sulfides above a concentration of 0.1 milligram/liter;

15. Any wastes with a pH high enough to cause alkaline encrustations on sewer walls or other adverse effects on the sewerage system;

16. Any substance promoting or causing the promotion of toxic gases;

17. Any waste having a temperature of 150° or higher;

18. Any wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes;

19. Any excessive amounts of chlorinated hydrocarbon or organic phosphorus type compounds;

20. Any excessive amounts of deionized water, steam condensate or distilled water;

21. Any waste containing substances that may precipitate, solidify or become viscous at temperatures between 50°F and 100°F;

22. Any waste producing excessive discoloration of wastewater or treatment plant effluent;

23. Any garbage or waste that is not ground sufficiently to pass through a three-eighths (3/8) inch screen;

24. Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic or any other objectionable materials toxic to humans, animals, the local environment or to biological or other wastewater treatment process;

25. Any blow-down or bleed water from cooling towers or other evaporative coolers exceeding one-third (1/3) of the makeup water;

26. Any single-pass cooling water;

27. Any excessive quantities of radioactive material wastes;

28. Recognizable portions of the human anatomy.

D. The board may from time to time establish, by resolution, quantitative limitations with respect to the wastes referred to. Such limitations shall be designed to bring the districts into compliance with applicable state and federal requirements.

E. Any person discharging wastes to a public sewer in violation of this section is in violation of this chapter.

(Prior code § 3911.4.06)

A. Hospitals, clinics, offices of medical doctors, and convalescent homes:

1. May discharge, through a districts' approved grinder installation with inlet size and design features suitable for its intended use and so constructed that all particles pass through a maximum three-eighths (⅜) inch opening, wastes of the following categories:

a. Wet organic kitchen wastes from food preparation and disposal, but excluding all paper and plastic items,

b. Disposable hypodermic needles, syringes and associated articles following their use,

c. Infectious wastes, defined as:

i. Laboratory and surgical operating room wastes except as excluded in subparagraph (2)(b) of this subsection

ii. Wastes from outpatient areas and emergency rooms similar to those included in subparagraph (c)(i) of this subsection

iii. Equipment, instruments, utensils and other materials of a disposable nature that may harbor or transmit pathogenic organisms and that are used in the rooms of patients having a suspected or diagnosed communicable disease which by the nature of the disease is required to be isolated by public health agencies;

2. Shall not discharge to the sewer by any means:

a. Solid wastes generated in the rooms of patients who are not isolated because of a suspected or diagnosed communicable disease,

b. Recognizable portions of the human anatomy,

c. Wastes excluded by other provisions of this chapter except as specifically permitted in paragraph (1) of this subsection,

d. All solid wastes not included in paragraph (1) of this subsection.

e. Discharge of wastes listed in paragraph (2) of this subsection to a public sewer constitutes a violation of this chapter.

B. Nothing in this section shall be construed to limit the authority of the health officer of Kern County to define wastes as being infectious and, with the concurrence of the chief engineer of the districts, to require that they be discharged to the sewer.

(Prior code § 3911.4.07)

If sewerage capacity is not available, the districts may require the industrial wastewater discharger to restrict his discharge until sufficient capacity can be made available. When requested, the districts will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available sewerage facilities. The districts may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available sewerage facility.

(Prior code § 3911.4.08)

An industrial wastewater treatment surcharge shall be paid to the districts annually, following the fiscal year (from July 1st to June 30th) in which charges accrue, i.e. the accrual year, by those industrial wastewater dischargers whose contribution of flow, chemical oxygen demand, suspended solids, or peak flow create costs in excess of the value of their service charges paid to the districts for the same accrual year. The treatment surcharge shall be based on the appropriate districts' sewerage systems' total maintenance, operation and capital expenditures for providing industrial wastewater collection, treatment and disposal services.

(Prior code § 3911.4.09)

An annual treatability charge ranging from a minimum of twenty-five dollars ($25.00) to a maximum of five hundred dollars ($500.00) per year or a charge per unit of offending constituent as established by the chief engineer shall be paid by those industrial dischargers having wastes of such a character as to impose unusual operation and maintenance or capital costs upon the districts which are unrelated or only partially related to total flow volume, chemical oxygen demand, suspended solids, or peak flow rates. Such charges shall be reasonably calculated to defray costs attributable to such wastes.

(Prior code § 3911.4.10)

A. An industrial wastewater pretreatment system or device may be required by the chief engineer to treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents, to distribute more equally over a longer time period any peak discharges of industrial wastewaters or to accomplish any pretreatment result required by the chief engineer. Any pretreatment facilities required by the chief engineer shall be provided and maintained at the industrial wastewater discharger's expense. No pretreatment systems or devices shall be installed or operated without the prior approval of the chief engineer but such approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation required by the districts. If inspection of pretreatment systems and devices by authorized personnel of the districts reveals such systems are not installed or operating in conformance with the plans and procedures submitted to the districts, or are not operating in compliance with the effluent limitations required by the districts, the industrial discharger shall make those modifications necessary to meet the districts' requirements. In special cases, the chief engineer may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific districts' trunk sewer. All pretreatment systems judged by the chief engineer to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed by the state of California.

B. Normally a gravity separation interceptor, equalizing tank, neutralization chamber and control manhole or other monitoring facility will be required respectively to remove prohibited settleable and floatable solids, to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH flows and to facilitate inspection, flow measurement and sampling. Floor drains from commercial or manufacturing buildings, warehouses or multi-use structures shall not discharge directly to the sewer, but shall first discharge to a gravity separation interceptor. Construction of drains without the gravity separation interceptor constitutes a violation of this chapter.

(Prior code § 3911.4.11)

All domestic wastewaters from restrooms, showers, drinking fountains, etc. shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device.

(Prior code § 3911.4.12)

A. Periodic measurements of flow rates, flow volumes, COD and suspended solids for use in determining the annual industrial wastewater treatment surcharge and such measurements of other wastewater constituents believed necessary by the chief engineer shall be made by all industrial wastewater dischargers, unless specifically relieved of such obligation by the chief engineer.

B. All industrial wastewater analyses shall be performed by a state-certified laboratory, by a laboratory of an industrial discharger approved by the chief engineer, or at the discretion of the chief engineer by personnel of the districts. If performed by districts' personnel, an appropriate charge shall be paid by the discharger requesting the analyses. Prior to submittal to the districts of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under penalty of perjury.

C. All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in "Standard Methods." If no appropriate procedure is contained therein, the standard procedure of the industry or a procedure judged satisfactory by the chief engineer shall be used to measure wastewater constituents. Any independent laboratory or discharger performing tests shall furnish any required test data or information on the test methods or equipment used, if requested to do so by the chief engineer.

D. All industrial wastewater dischargers required to make continuous or periodic measurements shall furnish, install and maintain a monitoring facility or station of a design or configuration approved by the chief engineer. The monitoring facility shall be located in an accessible location approved by the districts and shall be provided in accordance with the districts' requirements and all applicable local agency construction requirements. Plans for all monitoring facilities, including flow measurement and sampling systems, judged by the chief engineer to require engineering design, shall be prepared and signed by an engineer of suitable discipline licensed by the state of California.

E. All industrial wastewater dischargers required by the chief engineer to make continuous or periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required in accordance with procedures established by the chief engineer. Representative samples of the industrial wastewater shall be obtained at least once per hour over the twenty-four (24) hour period, properly refrigerated, composited according to measured flow rates during the twenty-four (24) hours and analyzed for the specified wastewater constituents. Dischargers required to sample on only a few days per year shall sample during the periods in which the plants' discharges are most representative of typical plant operations. Industrial plants with large fluctuations in quantity or quality of industrial wastewater may be required to provide continuous sampling and analyses for every working day. When required by the chief engineer, dischargers shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment.

F. The sampling, analysis and flow measurement procedures, equipment and results shall be subject at any time to inspection by the districts. Sampling and flow measurement facilities shall be such as to provide safe access to authorized districts' personnel and shall be properly operated and maintained at all times by the discharger. Flow measurement systems shall be regularly calibrated in accordance with procedures specified by the chief engineer.

G. Measurements to verify the quantities of wastewater flows and wastewater constituents reported by industrial dischargers will be conducted on a random basis by personnel of the districts.

(Prior code § 3911.4.13)

A. Should measurements or other investigations indicate that the industrial wastewater discharger is discharging a quantity of wastewater, chemical oxygen demand, suspended solids or other wastewater constituent or at a flow rate significantly in excess of that stated in the industrial wastewater discharge permit, the discharger shall be required to apply for an amended permit.

B. Should measurements or other investigations indicate that the industrial wastewater discharger has discharged industrial wastewater constituents at rates or in quantities in excess of those stated by the discharger on any report establishing the basis for industrial wastewater treatment and disposal charges, the chief engineer shall notify the discharger and require that the discharger furnish all information in his possession relevant to the apparent discrepancy.

C. If, after making proper allowance for relevant factors, the chief engineer is unable to resolve the discrepancy, he shall make a determination of the amount of any supplemental charges due to the district together with interest and penalty charges due thereon and shall notify the discharger of this supplemental charge. All cost of additional flow metering, sampling and analyses performed by districts' employees shall be paid for by the discharger.

D. For the purpose of establishing the correct treatment surcharge, the data obtained in these samplings along with any other relevant information obtained by the districts or presented by the discharger, shall be used by the chief engineer in determining the quantity parameters for use in the surcharge formula. An industrial discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three (3) years or subsequent to the previous district verification of quantity parameters, whichever period is shorter.

(Prior code § 3911.4.14)

The chief engineer may classify dischargers by industrial categories and establish an industrial wastewater treatment surcharge based upon average flow quality and flow quantity for the industrial category adjusted by some commonly recognized parameter selected by the chief engineer that establishes the relative size of the industrial discharger being charged.

(Prior code § 3911.4.15)

It is the policy of the district to bring suit for recovery of damages to the district facilities caused by detrimental effects on district treatment processes as a result of discharge of prohibited wastewaters.

(Prior code § 3911.4.16)

A. All persons owning vacuum or "cesspool" pump trucks or other liquid waste transport trucks and desiring to discharge septic tank, seepage pit, interceptor or cesspool contents, industrial liquid wastes or other liquid wastes to sewerage facilities of the districts or to facilities that discharge directly or indirectly to such sewerage facilities shall first have a valid districts' trucker's discharge permit. All applicants for a trucker's discharge permit shall complete the application form, pay the appropriate fee, receive a copy of the districts' regulations governing discharge to sewers of liquid wastes from trucks and shall agree, in writing, to abide by these regulations.

B. Discharge of septic tank, seepage pit, interceptor or cesspool contents or other wastes containing no industrial wastes may be made by trucks holding a districts' permit at any of the districts' designated public dumping manholes. Truck-transported industrial wastes shall be discharged only at the locations and times designated by the chief engineer. The districts shall establish a system of charges for treatment and disposal costs and may refuse permission to discharge certain wastes.

C. The trucker's discharge permit shall be valid for one (1) year from date of issuance.

D. Any person negligently or wilfully violating the districts' requirements for liquid waste discharges from trucks is in violation of this chapter and may have his permit revoked by the chief engineer.

(Prior code § 3911.4.17)

In respect to trade secrets, it is determined that the public interest served by not making such records public clearly outweighs the public interest served by the disclosure of such records. Accordingly, any trade secrets acquired by the districts in the course of implementation or enforcement of this chapter shall not be made public except to the extent necessary to enforce this chapter.

(Prior code § 3911.4.18)