Lakeport Municipal Code Art. IV Administration

It shall be unlawful to discharge any waste or wastewater to any CLMSD facility without a CLMSD permit except as is authorized by the provisions of this chapter.

(Ord. 872 § 5.1, 2008)

It shall be the responsibility of the user to comply with all of the provisions of this chapter. The omission to act by the CLMSD and/or the failure of the CLMSD to acknowledge the nature of the operation of the user and/or the properties of the user's wastewater shall not relieve the user of responsibility to comply with the conditions of this chapter, including, but not limited to, such requirements regarding permitting, pretreatment, monitoring and reporting. It shall be the responsibility of the user to make determinations as to the nature of its operation and wastewater flow and to take such actions as may be required under this chapter prior to any discharge of wastewater, whether or not the user has been informed by the CLMSD of the requirements which may apply to the user regarding its discharge.

All users must notify the CLMSD of changes to be made to processes or methods of operation which may affect the nature of the discharge. This information shall be reported to, and be approved by, the CLMSD prior to the user's initiation of the changes.

All industrial users who meet the definition of Class I, Class II, or Class III and who are currently connected or contribute to CLMSD facilities, or who propose to connect or contribute to CLMSD facilities, shall make application for a wastewater discharge permit. This application shall be made before connecting to or contributing to CLMSD facilities, or within ninety days after the enactment of the ordinance codified in this chapter in the event the user is currently connected and not currently permitted. All existing industrial users connected to or contributing to CLMSD facilities and having a current wastewater discharge permit shall be required to obtain a new permit upon the expiration of their existing permit.

Class IV users may be required to receive a permit in order to connect to the CLMSD facilities or to continue to discharge to CLMSD facilities. At such time as the CLMSD undertakes such a program to permit Class IV users, existing Class IV users will be required to apply for a permit within ninety days of notice to said users by personal service, mail or publication. Thereafter it shall be the responsibility of all Class IV users to obtain a permit prior to connection.

(Ord. 872 § 5.2, 2008)

The CLMSD will classify all users in accordance with the principal activity conducted on the premises where the discharge occurs. The purpose of the classification is to facilitate regulation of discharges to CLMSD facilities on the basis of each user's waste quality, quantity and flow. The classification will further provide a means of imposing an appropriate level of oversight, control and enforcement according to the source of the discharge. As set forth in Section 13.20.020, there are two categories of users: domestic users and nondomestic users. Nondomestic users are categorized as Class I, II, III, or IV.

All users are subject to the prohibitions set forth in this chapter, with such federal and state statutes and regulations as may apply, and the specific pollutant limitations as may be promulgated by the CLMSD board either by ordinance or resolution.

Domestic users under normal circumstances will not be required to apply for or receive a wastewater discharge permit as defined in this chapter; provided, that said domestic user discharges only that wastewater which is consistent with the definition of domestic wastewater set forth herein.

Nondomestic users may be subject to wastewater discharge permit requirements depending on the volume, characteristics, and origin of their wastewater discharge. Industrial users may be required to supply such information and data concerning their processes, including discharge samples, as may be necessary for the CLMSD to determine whether such user should be designated as Class I, II, III or IV. Industrial users must, if requested, provide such other information regarding the nature of the entity, its operations, storage and use of chemicals and storage and use of hazardous substances as may be reasonably necessary to make such determination as to the classification of said user. The CLMSD may also require information relating to potential for accidental discharges of hazardous or prohibited substances to a CLMSD facility. Such inquiries may include information regarding the current disposal procedures of the user with regard to chemicals and/or substances which are not in the ordinary course of the user's operations discharge to a CLMSD facility.

A. Class I. For the purpose of this chapter, any user subject to the national categorical pretreatment standards is a categorical industrial user (CIU) and will be designated a Class I user.

B. Class II. The CLMSD may designate a nondomestic user who is not subject to a national categorical pretreatment standard, but may be considered a significant industrial user (SIU), to be a Class II user, based on whether the discharge of wastewater is equal to or greater than twenty-five thousand gallons per average work day flow, or whether it has in its untreated wastewater pollutants which are in excess of any pretreatment standard, including any standard identified in this chapter or local limit set by resolution of the CLMSD board, or whether it may, in the opinion of the CLMSD, have a significant impact, either singularly or in combination with other contributing industries, on the CLMSD's ability to meet the objectives of this chapter.

In addition, the designation of a nondomestic user as a Class II user may be based on the unusual character of the wastewater due to its volume, strength, composition, or its derivation from a hazardous waste or substance, or the potential variability in the character of the wastewater, or on the potential for increased administrative cost to the CLMSD due to the unusual character of the waste. Any additional administrative costs to be considered may include increased potential for the administrative oversight by federal, state and local agencies as well as the potential for increased liability exposure and associated legal costs. The CLMSD may also take into consideration difficulties in enforcement of this chapter under a wastewater discharge permit and the enforcement violation and compliance history of the user with the CLMSD, as well as other regulatory agencies.

C. Class III. The CLMSD may designate any nondomestic user who is not designated as a Class I or Class II user as a Class III user. Class III users may include nondomestic users who are not industrial nor commercial users and (1) have a reasonable potential to adversely affect the CLMSD's ability to meet the objectives of this chapter; or (2) generate hazardous waste, whether or not said waste is discharged into the sanitary sewer system, or if, in the determination of the CLMSD, there is a potential for this waste to be discharged into the sewer, even through accident, in nonprocess or process of handling of the waste; or (3) store or use hazardous materials, whether or not a hazardous waste is produced in an industrial or commercial process, if, in the determination of the CLMSD, a potential exists for significant impact upon CLMSD facilities due to a release of these materials into the environment.

Class III users may be individually designated by the CLMSD based on the criteria set forth in this subsection, or on categorization of the user as a member of a particular business category. A Class III user designation may include, but is not limited to, landfill operations, landfill leachate, or ground water cleanup sites.

D. Class IV. Any nondomestic user who is not designated as a Class I, Class II, or Class III user may be designated as a Class IV user if the user (1) has a reasonable potential to adversely affect the CLMSD's ability to meet the objectives of this chapter; or (2) generates hazardous waste, whether or not said waste is, in the normal course of the industrial or commercial process, discharged into the sanitary sewer system, or if, in the determination of the CLMSD, there is a potential for this waste to be discharged into the sewer, even through accident, in nonprocess or process of handling of the waste; or (3) stores or uses hazardous materials, whether or not a hazardous waste is produced in the industrial or commercial process, if, in the determination of the CLMSD, a potential exists for significant impact upon CLMSD facilities due to a release of these materials into the environment.

Class IV users may be individually designated by the CLMSD based on the criteria set forth in this subsection or on categorization of the user as a member of a particular business category. The Class IV user designation shall include, but is not limited to, the following business categories: analytical laboratories, clinical laboratories, dry cleaners, laundries, vehicle maintenance facilities, vehicle repair facilities, gasoline stations, printing shops, printing allied industries, photo processors, pesticide formulators, pesticide applicators, dental offices, dental laboratories and x-ray laboratories, and veterinary providers.

(Ord. 872 § 5.3, 2008)

A. Permit Application. All Class I, Class II, and Class III users are required to obtain a wastewater discharge permit by completing and filing with the CLMSD an application in the form prescribed by the CLMSD. At such time as the CLMSD undertakes such a program to permit Class IV users, existing Class IV users will be required to apply for a permit within ninety days of notice to said users by personal service, mail or publication. Thereafter it shall be the responsibility of all Class IV users to obtain a permit prior to connection. A permit fee may be assessed at the time of the application as set by the CLMSD board by resolution. Existing Class I, Class II, and Class III users shall apply for a wastewater discharge permit within ninety days following the effective date of the ordinance codified in this chapter, and proposed new users shall apply at least thirty days prior to connecting to or contributing to CLMSD facilities. In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, some or all of the following information:

1. Name and address of the operator or owner and location of the facility for which the permit application is being made.

2. SIC number(s) according to the Standard Industrial Classification Manual, Executive Office of the President of the United States, Office of the Budget, 1972, as amended, for all operations conducted at the facility.

3. A list of all environmental control permits and hazardous substance release response (spill) plans that are held by or for the facility.

4. Time(s) and duration of all process discharges.

5. Average daily and fifteen-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any. Flow rates shall be provided for each regulated process stream.

6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation.

7. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged. A description of any and all existing or proposed wastewater pretreatment facilities. Construction drawings and design criteria shall also be submitted.

8. The nature and concentration of any pollutants in the discharge which are limited by the CLMSD, state, or national pretreatment standards, or which are otherwise requested by the CLMSD. Pollutant data shall be provided for each regulated process stream. In the case of an existing user, a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.

9. The nature and concentration of any pollutants in the discharge which are limited by state or federal standards concerning the release or discharge of any hazardous substance or waste.

10. If additional pretreatment, housekeeping, process changes and/or operations will be required to meet the pretreatment standards; the shortest schedule by which the user shall provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established by the EPA, the state or the CLMSD for the applicable standard. The following conditions will apply to this schedule:

a. 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 standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

b. Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the CLMSD director including, as a minimum, whether or not the user complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established.

11. Each product produced by type, amount, process or processes and rate of production.

12. Type and amount of raw materials processed (average and maximum per day).

13. Number, type and volume/amount of hazardous substances stored on the premises and a description of the method of storage and/or the containment device for such substance.

14. A description of the spill protection and emergency response procedures used or proposed to be used at the facility.

15. Waste minimization plans or audits.

16. Number and classification of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system.

17. A certification statement that the information presented in the permit application is true and accurate to the best of the responsible person's knowledge.

18. Any other information as may be deemed by the CLMSD to be necessary to evaluate the permit application.

B. Permit Application Evaluation. All new prospective industrial users shall arrange for a CLMSD representative to conduct a walk-through site inspection of the user's facilities during the ninety-day period prior to connecting to CLMSD facilities. New industrial users shall submit to the CLMSD, within ninety days after commencement of discharge to CLMSD facilities, an analysis of said discharge delineating wastewater constituents and characteristics including, but not limited to, those mentioned in Article II of this chapter.

The CLMSD will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the CLMSD may determine that no wastewater discharge permit is required, or the CLMSD may determine that the user is either a Class I, Class II, Class III or Class IV user.

If the CLMSD determines that the user is a Class I, Class II or Class III user, the CLMSD will issue a wastewater discharge permit subject to the terms and conditions provided in this chapter. If the CLMSD determines that the user is a Class IV user, the CLMSD may issue a wastewater discharge permit subject to the terms and conditions provided in this chapter.

C. Permit Conditions. Permits may contain provisions, requirements and standards appropriate to carry out the objectives of this chapter, including but not limited to the following:

1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to CLMSD facilities.

2. Limits on the average and maximum wastewater constituents and characteristics. These limits may be based on pollutant concentration and/or mass and may include prohibitions on discharge of said pollutants.

3. Limits on average and maximum rate and time of discharge or requirements for flow regulation and/or equalization.

4. Requirements for installation and maintenance of sampling and flow metering facilities.

5. Requirements for monitoring programs which may include flow metering; sampling locations; methods of sampling; frequency of sampling; number; types and standards for tests; and reporting schedule.

6. Compliance schedules.

7. Requirements for submission of technical reports or periodic compliance reports.

8. Requirements for maintaining and retaining, for a minimum of three years, plant records relating to wastewater discharge, hazardous waste manifests and chemical inventories as specified by the CLMSD.

9. Requirements for notification of the CLMSD of any new introduction of pollutants or any change in plant processes or in the volume or character of the wastewater constituents being introduced into CLMSD facilities.

10. Requirements for notification of slug or accidental discharges, including discharge limit violations, or upset of the pretreatment facility.

11. Requirements for providing the CLMSD with design and construction plans and specifications of the wastewater pretreatment facility whether proposed or in existence.

12. Requirements for providing the CLMSD with plans and specifications of the user's industrial or commercial operation and/or processes, including such other information as the CLMSD may reasonably request that pertains to the industrial user's operation.

13. Requirements for providing the CLMSD with waste minimization audits/plans.

14. Requirements for notification of any planned alteration of the proposed or existing wastewater pretreatment system.

15. Requirements for the notification of the CLMSD of planned alterations of the operations processes of the industrial user which could result in an alteration of the user's process discharge or the potential for an accidental spill or slug discharge.

16. Requirements prohibiting bypass of the wastewater pretreatment facility, unless bypass is essential for maintenance, or unavoidable to prevent loss of life, injury or severe property damage.

17. Requirement that the user notifies the CLMSD prior to any proposed bypass other than due to accident or emergency.

18. Requirements to have emergency spill plans on file with the CLMSD.

19. Requirements to certify that the industrial user has not discharged through a CLMSD facility hazardous substances without a permit, which substances have been stored or used in the user's process and which the user contends will not, in the ordinary course of the user's operation, enter the sewer system.

20. Requirements for resampling following a discharge violation and the submittal of reports explaining the cause of the violation and the steps that have been or shall be taken to prevent a recurrence of the violation.

21. Requirements for providing access to CLMSD personnel at all reasonable times to conduct sampling and/or inspection of any and all processes which can contribute to waste stream, including the actual wastewater discharge.

22. Requirements for providing the CLMSD with operation and maintenance records for the wastewater pretreatment facility, including periodic updates, as appropriate.

23. The prohibition of dilution as partial or complete substitute for adequate treatment to achieve compliance with permit conditions.

24. Signatory requirements specifying the responsible corporate officer for the industrial user.

25. Other conditions as deemed appropriate by the CLMSD to ensure compliance with this chapter.

26. Technical provisions or requirements related to the wastewater pretreatment facility which, in the opinion of the CLMSD, may be necessary to ensure the adequacy and reliability of the wastewater pretreatment system. These technical conditions may include conditions requiring continuous monitoring, training personnel, alarm systems, automated shutoff, flow-through monitoring, and/or provisions for discharges in batch amounts only subsequent to sample testing.

D. Duration of Permits. Permits will be issued for a specified time period, not to exceed three years. 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 ninety 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 CLMSD during the term of the permit as limitations or requirements as identified in Article II are modified or other just cause exists. The user will be informed of any proposed changes in his permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit will include a reasonable time schedule for compliance.

E. Wastewater Discharge Permit. The CLMSD will require Class I, Class II, and Class III users to have a wastewater discharge permit for connecting to or contributing wastewater to CLMSD facilities. At such time as the CLMSD undertakes such a program to permit Class IV users, existing Class IV users will be required to apply for a permit within ninety days of notice to said users by personal service, mail or publication. Thereafter it shall be the responsibility of all Class IV users to obtain a permit prior to connection. The wastewater discharge permit will incorporate the provisions of this chapter by reference including all requirements and standards as may be set forth herein or promulgated by the CLMSD board by resolution. In addition, the permit may contain additional provisions, including but not limited to the following:

1. Provisions for liquidated damages for discharges in violation of the discharge prohibitions and limitations of this chapter and/or of such special prohibitions or limitations as may be set forth in the permit. These liquidated damages provisions may be proposed without regard to proof of pass-through, damage to the environment, or interference with CLMSD facilities or operations and may be assessed on a strict liability basis for violation of the noted provisions.

2. Requirements for providing proof of insurance, indemnification of the CLMSD, and bonding in order to adequately protect the CLMSD, in its judgment, from the potential of the increased exposure to liability due to the user's discharge.

3. Provisions for revocation of the permit and wastewater sewer service for violation of this chapter or other wastewater permit condition(s).

4. Any and all other conditions as may be deemed appropriate by the CLMSD to ensure compliance with all provisions of this chapter and the objectives set forth herein.

F. Permit Modifications. Within ninety days of promulgation of a national pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. When a user, subject to a national pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by subsection B of this section, the user shall apply for a wastewater discharge permit within one hundred eighty days after the promulgation of the applicable national pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the CLMSD director, within one hundred eighty days after the promulgation of an applicable national pretreatment standard, the information required by subsection A of this section.

In the event the CLMSD determines that it is necessary in order to comply with the objectives of this chapter to impose more stringent limitations or requirements on discharges to the CLMSD facilities than are set forth in an existing permit (for reasons other than issuance of a new national pretreatment standard), the CLMSD shall have the right to require such reasonable modifications of an existing permit to incorporate such more stringent limitations or requirements. In the event such permit modification is required, the user will be provided with reasonable time to make such modifications to its processes or procedures as may be required to meet the more stringent limitations and requirements. After consultations with the user, a compliance schedule agreement will be issued which would set forth a reasonable schedule for the user to comply with the more stringent standards. If the permit modification will require construction or acquisition of equipment related to pretreatment, the compliance schedule agreement will provide for up to one hundred eighty days to comply; however, this period may be extended for a period not to exceed an additional one hundred eighty days upon determination by the CLMSD director or CLMSD engineer that good cause exists for an additional period. To the extent that the user remains in compliance with the permit conditions in effect prior to amendment during the compliance period, the user shall not be liable pursuant to the terms of this chapter for noncompliance with the more stringent standards or requirements during the period of the compliance schedule agreement; provided, that the user is also complying with the terms of said compliance schedule agreement.

G. 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 prior approval of the CLMSD. However, nothing in this section shall be construed to prevent the application of the terms and conditions of this chapter, including enforcement penalties, from applying to a succeeding owner, successor in interest, or other assigns of an existing contract of permit holder.

(Ord. 872 § 5.4, 2008)

A. Notification of Slug Discharge or Accidental Discharge or Accidental Spill. It is the responsibility of all users to immediately telephone and notify the CLMSD of any slug discharge or accidental discharge or accidental spill as defined in Section 13.20.160. Notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

1. Written Notice. Within five days following the accidental discharge, accidental spill, or slug discharge, the user shall submit to the CLMSD director a detailed written report describing the cause of the incident 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, damage, or other liability which may be incurred as a result of damage to CLMSD facilities, fish kills, or any other damage to person or property; nor shall notification relieve the user of any fines, penalties, or other liability which may be imposed by this chapter or other applicable law.

2. Notice to Employees. Users who are employers shall permanently post a notice on their bulletin board or other prominent place advising employees of the user whom to call in the event of such a discharge. The user shall ensure that all employees who may cause or suffer such discharge to occur are advised of the emergency notification procedure.

B. Baseline Monitoring Report. All industrial users, subject to categorical pretreatment standards, shall submit to the CLMSD a baseline monitoring report (BMR) within one hundred and eighty days of the effective date of a categorical pretreatment standard or one hundred and eighty days after final decision on a category determination by EPA or the state, whichever is earlier. The BMR shall contain the information specified in 40 CFR 403.12(b), including a statement reviewed by an authorized representative of the industrial user and certified by a qualified professional indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet the pretreatment standards and requirements. The information required for application for a permit under Section 13.20.300(A) and/or for modification of a permit under Section 13.20.300(F) may fulfill the requirements of the baseline monitoring report. If in submitting information to apply for or modify a permit, the user also intends to fulfill the requirements for the BMR, the user shall so state.

C. Compliance Report. Within ninety days following the date for final compliance with applicable pretreatment standards and requirements or, in the case of a new user connection, following commencement of the introduction of wastewater into CLMSD facilities, any user subject to pretreatment standards and requirements shall submit to the CLMSD, per 40 CFR 403.12(b), a report which includes the following information:

1. Name and address of facility, including the name of the operator and owners.

2. List of any environmental permits held by and for the facility.

3. Description of operations, including:

a. Nature of operations;

b. Average rate of production;

c. SIC code;

d. Diagram of discharge points to the sanitary system.

4. Flow measurement, in gallons per day.

5. Measurement of pollutants.

6. Certification statement signed by an authorized representative of the industrial user.

7. Compliance schedule, if additional pretreatment and/or actions will be required to meet pretreatment standards.

Filing of this compliance report does not relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law or failure to meet the applicable pretreatment standards and requirements subsequent to the date for final compliance with such applicable standard.

D. Compliance Schedule Reports. Compliance schedule reports must include the following per 40 CFR 403.12(c):

1. A schedule containing increments of progress leading to construction and operation of additional pretreatment required for compliance of categorical standards.

2. Increments of progress shall not be greater than nine months.

3. Progress report shall be submitted to the CLMSD not later than fourteen days following the end date in the schedule, whether or not it complied with the increments of progress set forth in the schedule.

E. Periodic Compliance Reports.

1. Class I and II users and SIUs shall submit a report to the CLMSD twice a year or more frequently as specified in the permit. Unless otherwise specified in the permit, reports for Class I and II users and SIUs are due on the 30th of January and December of each year. Class III users may be required to submit periodic compliance reports depending on the nature of their discharge. Periodic compliance reports shall be submitted within forty-five days of collection of the wastewater samples. The compliance report shall contain such information as may be deemed by the CLMSD to be necessary to ensure compliance with the provisions of this chapter. Compliance reports shall, at a minimum, contain the following:

a. The results of sampling and analysis showing the nature and concentration of pollutants which are limited by pretreatment standards or which are specified in the permit for each regulated stream.

b. A record of average and maximum daily flows for the reporting period for each regulated stream.

c. Such other wastewater effluent data as the user has obtained since the last compliance report, whether or not that data is specifically required by the user's permit.

d. Methods utilized by the user in collecting the wastewater sample for analysis, including but not limited to the sampling device(s) used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used, and date of sample delivery to the laboratory for analysis.

e. For those CIUs subject to production-based pretreatment standards, the user's actual average production rate for the reporting period.

2. Resampling Requirement. In the event a sample from a periodic compliance report indicates that a constituent is in violation of the allowable concentration levels as set forth in the user's permit, the user shall inform the CLMSD within twenty-four hours of becoming aware of the violation, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing the results of this second analysis within thirty days of the discovery of the first violation. The initial sampling and analysis report shall be submitted within five days of discovering the violation, with a cover report setting forth the causes of the violation, the remedial actions taken to date in regard to the violation, and the scheduled additional actions which will be implemented to prevent a recurrence.

3. The CLMSD may also at any time require a signed statement by the user setting forth management practices and/or material usage practices which have an effect on the nature, volume and quality of the wastewater discharge and/or which potentially will affect the ability to comply with pretreatment standards and requirements.

4. The CLMSD may impose mass limitations on users where the imposition of mass limitations is appropriate. In such cases, the report required under subsection (E)(1)(a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of all sampling and analysis of the discharge, including the flow, concentration and mass of pollutants regulated by the applicable pretreatment standard. The user shall provide the actual average production rate of the regulated processes during the reporting period.

(Ord. 872 § 5.5, 2008)

A. Monitoring Requirements. Any user may be required to provide wastewater samples and/or monitoring results or to submit to monitoring by the CLMSD in order to assist the CLMSD in establishing the appropriate class of the user and/or to evaluate compliance with the standards and requirements of this chapter.

1. Classification Sampling. All industrial users may be required to sample and analyze their discharge to determine the appropriate class of the user. Classification sampling shall be at the CLMSD's request. The number and type of samples and pollutants analyzed shall be as specified by the CLMSD in order to adequately characterize the user's discharge(s).

2. Baseline Sampling. All Class I, Class II and Class III users shall sample and analyze their discharge as part of a permit application or modification of a permit as specified in Sections 13.20.300(A) and (F). In addition, all users subject to categorical pretreatment standards who are required to submit baseline monitoring reports, as specified in Section 13.20.310(B), shall sample and analyze their discharge in accordance with the requirements of 40 CFR 403.12(b). Samples shall be analyzed for constituents or characteristics including, but not limited to, those mentioned in Article II of this chapter and/or in applicable state or national pretreatment standards or as otherwise required by the CLMSD.

3. Initial Compliance Sampling. All Class I, Class II and Class III users shall sample and analyze their discharge for the compliance report as specified in Section 13.20.310(C). Samples shall be analyzed for those pollutants regulated in the applicable pretreatment standard or as otherwise required by the CLMSD.

4. Periodic Compliance Sampling. All Class I, Class II and Class III users shall sample and analyze their discharge to evaluate compliance with the user's permit. Periodic compliance sampling shall be conducted at least twice each year unless specified more frequently in the user's permit or in the applicable national pretreatment standard. Samples shall be analyzed for those pollutants regulated in the applicable pretreatment standard or as otherwise required by the CLMSD.

5. Confirmation Sampling. Whenever sampling results indicate that the user's discharge is in violation of any pretreatment standard, the user shall collect a second sample to assess the degree of violation. For the second sample, the user need only analyze for the pollutant(s) found to be in violation. The user shall provide the CLMSD with the results from the confirmation sampling within thirty days of the date the violation was discovered.

6. Sampling and Evaluation Program (SEP). If confirmation sampling indicates a second violation, then the CLMSD may initiate a SEP. The SEP will be conducted by the CLMSD and may include collection of from three to five samples. The SEP will establish whether there is continued noncompliance by the user. Samples collected during the SEP may be analyzed for other pollutants in addition to the pollutant(s) in violation.

7. Other Compliance Sampling. All Class I, Class II and Class III industrial users may be required by the CLMSD to conduct compliance sampling in addition to those described above. This could include, but is not limited to, sampling required by the CLMSD in an enforcement compliance schedule agreement.

8. CLMSD Sampling. The CLMSD may collect and analyze samples on its own or request the user to split samples to evaluate compliance with this chapter or the user's permit. The CLMSD also reserves the right to conduct all sampling and analysis for the user with all costs to be paid by the user. In the event that data obtained by the CLMSD differs from data provided by the user, the CLMSD data shall be presumed accurate unless and until the user provides substantial evidence otherwise. In the event that the CLMSD performs the sampling, whether announced or unannounced, the user may request that the CLMSD split its samples and provide one of the split samples for the user's independent analysis.

B. Sampling Procedures. All sampling and testing undertaken for the purpose of compliance with the requirements of this chapter shall be undertaken in the manner set forth herein. Except as otherwise provided in this section, each sample shall be a composite, discrete sample which reflects the discharge of the user's regulated waste stream(s) throughout the entire work day or twenty-four-hour period. Samples for pH, cyanide, sulfide, phenols, oil and grease, and volatile organics shall be grab samples. Minimum frequency for composite samples shall be each hour, and for grab samples at least every four hours. Each regulated waste stream shall be sampled and analyzed separately unless the user's permit allows for sampling and analyzing the combined waste streams.

The methods of obtaining the sample shall be specified by the CLMSD in the user's permit. As an alternative, a sampling program proposed by the user shall be submitted to the CLMSD for review prior to initiating said program. The CLMSD may state special sampling requirements as needed to ensure compliance with this chapter.

C. Sampling and Analytical Procedures. All samples shall be collected, preserved, and analyzed in accordance with the procedures presented in 40 CFR 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants). Unless approved otherwise by the CLMSD, all analyses shall be performed by laboratories certified by the state for the specific pollutants and matrix to be analyzed.

D. Sampling Records. For each sampling event, the user shall record and maintain the following information:

1. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples.

2. Sample preservation used.

3. The dates analyses were performed.

4. Chain of custody of sample.

5. Who performed the analyses.

6. The analytical techniques/methods used.

7. The results of such analyses.

E. Monitoring Facilities. The CLMSD may require monitoring facilities, to be provided and operated at the user's own expense, to allow inspection, sampling, and flow measurement of regulated discharge. The monitoring facility shall be accessible to CLMSD staff at all times and should normally be situated on the user's premises, but the CLMSD 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 CLMSD requirements and all applicable local construction standards and specifications.

F. Obtaining a Sewer Lateral Certificate of Compliance for the Privately Owned Portion of a Sewer Lateral/Building Sewer. Setting forth the minimum standards to which private sewer laterals will be repaired, replaced, or relined for the purpose of obtaining a sewer lateral certificate of compliance. The CLMSD requires the cleaning, inspection, and testing of private sewer laterals connected to public sewers and serving residential, multifamily residential, commercial or industrial use properties upon the occurrence of stipulated property events. The CLMSD assumes that all sewer laterals, not meeting the requirements set forth in this section and not subject to the exemptions provided herein, allow inflow and infiltration into CLMSD facilities.

1. In the CLMSD, the exempted transactions or events requiring the cleaning, inspection and testing of a private sewer lateral are:

a. The application for a new connection to the sewer collection system;

b. The application for a building permit for a remodel of any structure being served by the private sewer lateral where the cost of the cumulative value of applicable improvements over the past five years exceeds forty-five thousand dollars in 2007 dollars and adjusted every year for inflation;

c. The application for a building or plumbing permit to install additional toilet facilities on the property served;

d. The application for a change of use on property served from residential to commercial or from non-restaurant commercial to restaurant commercial;

e. Any repair or replacement of the main sewer to which the private sewer lateral is connected;

f. A determination by the director that the cleaning, inspection, and testing is required for the protection of the public health, safety, and welfare; or

g. The user chooses to close and stop payment for an existing sewer account without the transfer of such account to another user.

2. The property owner is responsible for the repair or replacement of a privately owned sewer lateral which has been found through testing and inspection to exhibit conditions which would permit excessive infiltration to enter the sewer collection system or excessive exfiltration. The "privately owned sewer" is defined as that part of the sewer lateral that is required to be maintained by the property owner in accordance with ordinances adopted by the CLMSD and described in Section 13.20.020 under "building sewer/private sewer lateral." Upon completion of the repair or replacement of the private sewer lateral, re-inspections are to be conducted until the private sewer lateral passes the required testing. "Excessive infiltration or exfiltration" is defined as exceeding the allowable amount as specified herein. Once the private sewer lateral has successfully passed the inspection and testing procedure, the director shall execute a sewer lateral certificate of compliance which shall be filed with the director and the building department having jurisdiction and recorded with the county recorder of Lake County.

3. There are two categories of sewer lateral certification of compliance for the continued service of a lateral based upon materials and performance:

a. A ten-year certificate for existing laterals that do not conform to the current material standards for new laterals as established in the California Plumbing Code adopted by the CLMSD and do not exfiltrate at a rate greater than that established in the exfiltration pressure test for existing laterals (refer to the provisions specified in specified pressure tests of these standards).

b. A twenty-five-year certificate for existing, existing repaired or existing replaced private sewer laterals that meet the current material and testing standards for new laterals as established in the California Plumbing Code adopted by the CLMSD. For a twenty-five-year certificate, the private sewer lateral must be watertight. An alternative testing and inspection procedure for a ten-year certificate consisting only of a CCTV inspection of the private sewer lateral is applicable when the potential for hydrostatic conditions around the private sewer lateral does not exist.

4. Currently, all property served by the CLMSD is within the zone designated as having the potential for hydrostatic pressures. In the CLMSD there are four exemptions to the cleaning, inspection, and testing requirements set forth in this chapter other than certain transfers of interest in real property and they are:

a. Private sewer laterals that have been inspected within the last twenty-five years where the lateral is made of PVC, metal, or other modern material meeting the California Plumbing Code;

b. Private sewer laterals that have been inspected within the last ten years where the lateral is not made of PVC, metal, or other modern material meeting the California Plumbing Code;

c. Private sewer laterals that were last installed or replaced within the last twenty-five years where the lateral is made of PVC, metal, or other modern material meeting the California Plumbing Code; and

d. Any building where the director determines that testing and/or repairs have been made in accordance with this chapter within the last five years.

5. Certificates of compliance will be issued indicating that the private sewer lateral is exempt from the inspection and testing provisions of this chapter if the private sewer lateral meets the exemptions stated above. However, the certificate of compliance for an exemption expires upon the occurrence of an event requiring the inspection or testing or upon the occurrence of another exempted event.

G. Approved Repair Methods and Materials for Privately Owned Sewer Laterals.

1. Materials used in the repair or replacement of existing private sewer laterals which have failed to pass an inspection and/or test shall be made of pipe materials, fittings, couplings, and other joining materials which have been approved for use pursuant to the currently adopted California Building Standards Code as referenced in Section 15.04.010.

2. Private sewer laterals constructed of an approved pipe material which have cracked pipe sections where the pipe has retained its original shape and does not show excessive deflection and is not subjected to hydrostatic pressures either outside or inside the pipe may be repaired with an approved cured-in-place spot repair lining.

3. Private sewer laterals which are subjected to hydrostatic water conditions either inside or outside the pipe and which have not passed a required pressure test may be repaired with an approved cured-in-place pipe lining system installed within the entire length of the sewer lateral from the wye in the sewer main to the private sewer lateral cleanout closest to the building footing or replaced in its entirety with approved pipe materials. At the conclusion of the repair, replacement, or relining the complete sewer lateral must pass specified pressure tests.

4. The replacement of damaged pipe sections with approved materials, fittings, and couplings is only acceptable where the private sewer lateral is not subjected to hydrostatic pressures either inside or outside of the pipe unless the complete private sewer lateral can pass the required pressure test after the repairs are complete.

5. Whenever fifty percent or less of the private sewer lateral is repaired, replaced, or relined (minor or no repair), cleanouts shall be provided to grade to facilitate the inspection and testing at either the junction of the building drain and the private sewer lateral at a point approved by the permitting agency, typically within two feet of the structure being served by the lateral, or at or near the property line at a point and in a manner approved by the city of Lakeport community development department if in the public right-of-way, or at a point and in a manner approved by the permitting agency if not in the public right-of-way and on private property. For that portion of the private sewer lateral being repaired, replaced, or relined, cleanouts shall also be provided to grade at intervals not to exceed one hundred feet in run of a cleaning snake to reach the adjacent run of a cleaning snake, and for each aggregate horizontal change in direction exceeding one hundred thirty-five degrees in accordance with the California Plumbing Code.

6. Whenever a private sewer lateral is more than fifty percent replaced or relined (major repair or replacement), cleanouts shall be provided to grade in accordance with the California Plumbing Code which include all of the following locations:

a. At the junction of the building drain and the private sewer lateral at a point approved by the permitting agency, typically within two feet of the structure being served by the lateral.

b. At intervals not to exceed one hundred feet in run of a cleaning snake to reach the adjacent run of a cleaning snake, and for each aggregate horizontal change in direction exceeding one hundred thirty-five degrees.

c. At or near the property line at a point and in a manner approved by the city of Lakeport community development department if in the public way, or at a point and in a manner approved by the permitting agency if not in the public way and on private property.

7. Approved trenchless technologies such as pipe bursting may be utilized to replace private sewer laterals.

8. Spot repairs consisting of the placement of metal or other sheeting materials and concrete or mortar will not be accepted.

9. Remortaring of joints as a repair method is not acceptable without prior approval of the permitting agency.

10. Pipe and pipe couplings shall be joined and installed in accordance with the manufacturer's recommendations. Pipe repairs shall be made in a manner which provides the least number of pipe joints.

11. Damaged wyes at the sewer main shall be replaced by the CLMSD.

H. Backfilling Methods in the Public Right-of-Way for Privately Owned Sewer Laterals. Backfilling methods utilized in the public right-of-way shall conform to the standards and specifications adopted by the agency having jurisdiction of the public right-of-way and in accordance with the provisions of the encroachment permit issued by the permitting agency.

I. Types of Pipe Damage That Must Be Repaired or Pipe Sections Replaced for Privately Owned Sewer Laterals.

1. Where the private sewer lateral is not subjected to hydrostatic conditions and the exfiltration test is not required (allowed CCTV inspection), the pipe repairs must be made for the following pipe conditions:

a. A separation or offset in the pipe joint, including any fish mouth condition at the joint.

b. Holes or cracks in the pipe bell, barrel, or coupling.

c. For PVC pipe, a deflection in the pipe cross-section exceeding one-fourth inch.

d. Failed trench section causing excessive belly or sump condition in a pipe section causing retention of water of one inch or more.

e. Root penetration into the pipe.

2. Where the private sewer lateral is subjected to hydrostatic conditions and the pipe repair option selected is pipe lining, repairs shall be made to the private sewer lateral prior to the installation of the liner and the repair shall correct the following deficiencies:

a. A separation or offset in the pipe joint including any fish mouth condition at the joint which the lining system cannot bridge based on the liner manufacturer's recommendations.

b. Holes in the pipe bell, barrel, or coupling that the lining system cannot bridge.

c. For PVC pipe, a deflection in the pipe cross-section exceeding one-fourth inch.

d. Failed trench section causing excessive belly or sump condition in a pipe section causing retention of water of one inch or more.

e. Root penetration into the pipe.

f. Other lateral defects which the manufacturer of the lining system recommends be corrected prior to the placement of the liner.

J. Hydrostatic Pressure Conditions Defined for Privately Owned Sewer Laterals.

1. Hydrostatic pressures exist around the private sewer lateral when the lateral is completely or partially submerged by ground water or exists within the lateral when discharges to the lateral exceed the capacity of the pipe or are subject to water head.

2. The following circumstances shall be prima facie evidence that the private sewer lateral is subject to hydrostatic pressures:

a. The property being served by the CLMSD is located within a special flood hazard area as defined by the latest flood insurance rate map issued by the National Flood Insurance Program; and if any portion of the property is located within one hundred feet of the bank of a stream, creek or drainage ditch and any portion of the lateral is below the elevation of the nearest bank.

b. For commercial or industrial uses, at any time the discharge to the private sewer lateral exceeds the following flows for a three-inch-diameter sewer pipe at the indicated slopes or if there exists on the property a plumbing fixture that has the indicated capacity:

i. Fifty gallons per minute with slope of one-eighth inch per foot;

ii. Thirty-five gallons per minute with slope of one-eighth inch per foot.

c. For commercial or industrial uses, at any time the discharge to the private sewer lateral exceeds the following flows for a four-inch-diameter sewer pipe at the indicated slopes or if there exists on the property a plumbing fixture that has the indicated capacity:

i. One hundred gallons per minute with slope of one-eighth inch per foot;

ii. Seventy-five gallons per minute with slope of one-eighth inch per foot.

d. For commercial or industrial uses, at any time the discharge to the private sewer lateral exceeds the following flows for a six-inch-diameter sewer pipe at the indicated slopes or if there exists on the property a plumbing fixture that has the indicated capacity:

i. Three hundred ten gallons per minute with slope of one-eighth inch per foot;

ii. Two hundred fifteen gallons per minute with slope of one-eighth inch per foot.

e. Verification from a closed circuit television inspection that clear water is being discharged into the sewer main from the private sewer lateral.

f. Evidence that a basement sump pump is utilized on the property being served.

3. All pressure laterals shall be pressure tested at one and one-half times the operating pressure and no more than a one percent pressure loss shall be detected within a ten-minute test.

K. Specified Pressure Tests for Privately Owned Sewer Laterals. When hydrostatic pressure conditions can exist outside or inside of the private sewer lateral at any time, the private sewer lateral shall be pressure tested by the exfiltration method by plugging the end of the private sewer lateral at its point of connection to the public sewer and completely filling the private sewer lateral with water from the lowest to the highest point thereof. To perform a pressure test, the private sewer lateral must have a cleanout located near the building footing which is served by the private sewer lateral or at the property line. If the cleanout does not exist, one must be installed by a qualified owner/builder or by a licensed contractor under a plumbing permit issued by the agency having jurisdiction over the property as part of the test procedure. The contractor or qualified owner may perform preliminary pressure tests prior to completing the backfill operations; however, the final pressure test shall be performed after the completion of the backfill operations. A video inspection of the downstream side of the test plug must be performed during the exfiltration pressure test to confirm that the test plug has sealed.

1. The exfiltration pressure test for a gravity private sewer lateral shall be performed with potable or recycled water by filling the private sewer lateral to a level three inches below the lowest floor drain or fixture connection to the building drain system up to a maximum water column of thirty-three feet above the test plug in the lateral at the lateral wye fitting below the property line cleanout. If necessary, a stand pipe shall be fitted to the top of the cleanout to achieve the required testing water level. The testing water level shall also be at least higher than the elevation of the back edge of the public sidewalk at the point above the approximate location of the private sewer lateral, or the top of curb if there is no public sidewalk or the edge of pavement if there is no curb or public sidewalk. An approved backwater valve and cleanout shall be installed at the property line if there is any gravity-drained plumbing fixture in the structure being served that is below the elevation of the back edge of the public sidewalk at the point above the approximate location of the sewer lateral, or the top of curb if there is no public sidewalk or the edge of pavement if there is no curb or public sidewalk. A lateral may be tested in segments subject to the approval of the inspector. When segmental pipe testing is performed, each tested pipe segment must not exceed the allowed leakage rate.

2. The private sewer lateral will have passed the pressure test if the testing water level within the testing standpipe does not drop more than the indicated rate for the given diameter of testing standpipe indicated below. The allowed leakage per sewer lateral is 212.5 gallons per day or 8.85 gallons per hour or .15 gallons per minute or 34.08 cubic inches per minute.

a. Three-inch diameter: five inches per minute;

b. Four-inch diameter: two and one-half inches per minute;

c. Six-inch diameter: one and one-half inches per minute.

L. The Metering of Pumps. All users operating pumps that convey any discharge to the CLMSD shall meter such pumps. All pumps and meters shall be maintained at all times in a safe and proper operating condition at the expense of the user and be located as to allow safe and continuous access at all times. Such meters may be read by CLMSD representatives.

(Ord. 872 § 5.6, 2008; Ord. 924 § 13, 2020)

All applications, reports or other information submitted to the CLMSD must contain the following certification statement:

This statement shall be signed by an authorized representative of the user as defined in 40 CFR 403.12(l)(1-4). BMRs and ninety-day compliance reports shall also be certified by a qualified professional in accordance with 40 CFR 403.12(b)(6).

(Ord. 872 § 5.7, 2008)

The CLMSD has the right of inspection of the facilities of any user to ascertain whether the objectives of this chapter are being met and all standards and requirements are being complied with. Persons or occupants of premises where wastewater is generated or discharged, or where hazardous substances or hazardous wastes are present, shall allow the CLMSD or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, photographing, analysis, records examination, records copying or performance of any of their duties. The CLMSD, or its authorized representative, accompanied by such other representatives of other public agencies as may be appropriate, shall have the right 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 onto their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the CLMSD, along with other authorized representatives, shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

Such inspection(s) will be made with the consent of the owner or possessor of such facilities or, if such consent is refused, with a warrant duly issued pursuant to the procedures set forth in Title 13 (commencing with Section 1822.5) of Part 3 of the California Code of Civil Procedure; provided, however, that in the event of an emergency affecting public health or safety, such inspection may be made without consent or the issuance of a warrant. To the extent that the owner or possessor of the premises requires that a warrant be received, the CLMSD may, in its discretion, suspend the permit and/or any other right to discharge to sanitary facilities immediately, and such suspension may continue until such time as a warrant has been received and the inspection has been completed. If no violation of this chapter is found, the suspension will be lifted. In the event that violations of this chapter or the CLMSD permit, if applicable, are found, then the suspension may, in the discretion of the CLMSD, be continued, or permit and/or right to discharge to CLMSD facilities terminated, or other enforcement remedies may be sought.

The CLMSD may choose to inspect the facility to determine compliance with all standards set forth in this chapter, the CLMSD permit, if applicable, and additionally, such inspections may be undertaken to verify the wastewater flows and strengths reported by the user.

(Ord. 872 § 5.8, 2008)

Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national pretreatment standards within the time limitations as specified by the federal regulations, or this chapter, or the CLMSD permit, whichever is earliest. Any facilities required to pre-treat wastewater to a level acceptable to the CLMSD 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 CLMSD for review, and shall be approved by the CLMSD 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 CLMSD under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the CLMSD prior to the user's initiation of the changes.

(Ord. 872 § 5.9, 2008)

Pursuant to federal requirements, the CLMSD shall annually publish, in the highest circulated daily newspaper in the CLMSD service area, a list of the users who were in significant noncompliance with any pretreatment requirements or standards at any time during the twelve previous months. The notification will also summarize any enforcement actions taken against the user(s) during the same twelve months.

(Ord. 872 § 5.10, 2008)

All records relating to compliance with pretreatment requirements and standards shall be made available to officials of the EPA, state, and CLMSD, or their authorized representatives. Such records shall include for all samples: (A) the date, exact place, method, and time of sampling and the names of the person or persons taking the samples; (B) the dates analyses were performed; (C) who performed the analyses; (D) the analytical techniques/methods used; and (E) the results of such analyses. These records shall be retained for a minimum of three years, or longer in the case of unresolved litigation, enforcement action, or when requested by the CLMSD, state or EPA.

(Ord. 872 § 5.11, 2008)

Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections will be available to the public or other governmental agency without notification unless the user specifically requests confidentiality and is able to demonstrate to the satisfaction of the CLMSD that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When requested by a user furnishing information to the CLMSD, the portions of that information which might disclose trade secrets or secret processes will not be made available for inspection by the public but will be made available upon written request to other governmental agencies for uses related to this chapter, and/or the National Pollutant Discharge Elimination System (NPDES). Those portions of the information will also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the user furnishing the information. Wastewater constituents and characteristics will not be recognized as confidential information.

Information and data requested from a user which the user believes to be proprietary and the release of which to the public would substantially impair the operations of the user may alternatively be provided to the CLMSD for its review at the facility of the user rather than provided to the CLMSD for its keeping, at the discretion of the CLMSD. The burden will be on the user to demonstrate to the satisfaction of the CLMSD that such information is proprietary and that this alternative procedure is necessary or appropriate and will not prevent the CLMSD from properly carrying out the objectives of this chapter.

Information accepted by the CLMSD which is demonstrated to be confidential will not be transmitted to anyone other than a governmental agency without prior notification to the user.

(Ord. 872 § 5.12, 2008)