Chapter 13.96 — CSA 22C SEWER

This chapter shall regulate the use of those sewers owned by Madera County Services Area No. 22 ("CSA 22") and located within the boundaries of Zone "C" of Madera County Services Area No. 22, hereinafter referred to as "CSA 22C sewer." This chapter shall also apply to the installation and connection of private sewer lines to the CSA 22C sewer and the discharge of waters and wastes into said CSA 22C sewer by such private lines. The provisions of this chapter shall apply to the allocation, acquisition, and transfer of sewer units and the sewer main extension of the CSA 22C sewer for connection thereto by new private sewer lines.

(Ord. No. 694, § 1, 5-18-21).

The work to be done and performed pursuant to this chapter shall be in compliance with all federal and state law and county rules and regulations. To the extent applicable, these include compliance with the general pretreatment regulations for existing and new sources of pollution found in 40 CFR Part 403.

(Ord. No. 694, § 1, 5-18-21).

The installation of sewer lines upon private property which are to be connected to the CSA 22C sewer shall be installed at the owner's expense and according to plans and specifications approved by the public works director (director), and such installation shall be done only after all necessary permits and authorizations issued pursuant to the rules and regulations of the federal, state and local governments have first been obtained, including the grant of any easements required by the director to support CSA 22C access to such sewer lines.

(Ord. No. 694, § 1, 5-18-21).

No permit to connect to the CSA 22C sewer shall be issued which permits the discharge into the CSA 22C sewer of any wastes other than normal domestic, commercial, or industrial sanitary wastes. The director shall determine what wastes shall constitute normal domestic, commercial, or industrial sanitary wastes. All industrial users and facilities with a commercial kitchen must complete a wastewater discharge permit application that must be reviewed and approved by Madera County Public Works Department (the "department") and regional water quality control board. Only wastes requiring biological treatment will be considered. No toxic or hazardous materials will be accepted.

(Ord. No. 694, § 1, 5-18-21).

A.

Purpose and Policy. These regulations set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the County of Madera CSA 22C.

The objectives of these regulations are:

a.

To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

b.

To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system inadequately treated or otherwise be incompatible with the system;

c.

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

d.

To prevent the introduction of materials that may contribute to a sanitary sewer system overflow ("SSO") within the system.

These regulations provide for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users and authorizes monitoring and enforcement activities.

These regulations apply to all users inside CSA 22C who are, by permit from the County of Madera, users of the publicly owned treatment works (POTW). Except as otherwise provided herein, the director of public Works of Madera County shall administer, implement, and enforce the provisions of these regulations.

B.

Definitions. Unless the context specifically indicates otherwise, the following terms have the meanings hereinafter designated:

"The Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.

"Best management practices" or "BMPs" mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 C.F.R. §§ 403.5(a)(1) and (b).

"BMPs" also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

"Biochemical oxygen demand (BOD)" means the quantity of oxygen required by sewage for biochemical oxidation in five days at twenty degrees Celsius, expressed in milligrams per liter (mg/l).

"Board" means the Madera County Board of Supervisors acting as the board of directors for CSA-22C.

"Building sewer" means a sewer conveying wastewater from the premises of an owner to a public sewer.

"Commercial kitchen" means a kitchen that, because of the nature of the cooking or food preparation activities, is required by the California Building Code (CBC), to have commercial food heat-processing equipment, such as compensating hoods, grease filters, kitchen hoods, and similar types of equipment.

"Commercial user" means any user not defined as a residential, industrial, or other type user not specifically mentioned. A commercial user is one that discharges domestic wastewater.

"Compatible pollutant" means biochemical oxygen demand, total suspended solids, pH, coliform bacteria, and oil and grease.

"Contamination" means an impairment of the quality of the waters of the County of Madera by waste to a degree which creates a hazard to the public health through poisoning or the spread of disease.

"Contamination" shall include any equivalent effect resulting from the disposal of wastewater, whether" or "not waters of the County of Madera are affected.

"Cooling water" means water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added to the water is heat.

"Department" means the Madera County Public Works Department.

"Director" means the public works director or such other person as may be designated by the public works director.

"Domestic wastewater" means the wastewater derived from the ordinary living process of humans of such character as to permit satisfactory disposal, without special treatment, at the POTW.

"Food service establishments" means a fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, drive-in, industrial feeding establishment, private organization serving the public, rental hall, catering kitchen, delicatessen, theater, commissary, food concession, or similar place in which food or drink is prepared for direct consumption through service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public.

"Garbage" means any solid waste from domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food.

"Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.

"Incompatible pollutant" means any pollutant which is not a compatible pollutant as defined in this section.

"Indirect discharge" means any wastewater received from outside district jurisdictional boundaries via sewer line connections or any trucked liquid waste permitted by the district to discharge wastewater to the POTW.

"Industrial user" means any discharger of non-domestic wastewater.

"Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal, or causes excessive maintenance expenses, or creates other detrimental effects to the POTW; and

Therefore is a cause of violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued there under (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substances Control Act. (40 C.F.R. § 403.3(k)(2))

"Mass emission rate" means the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.

"National pollutant discharge elimination system (NPDES)" means the program for issuing, conditioning, and denying permits for the discharge of pollutants pursuant to Section 402 of the Act.

"New source" means any new, additional, or replacement building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

The building, structure, facility, or installation is constructed at a site at which no other source is located;

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; and/or

The production or wastewater generating process of the building, structure, facility, or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

"Non-domestic wastewater" means all wastewater except domestic wastewater and pollutant free wastewater. This shall also include Industrial wastewater.

"Pass through" means a discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation).

"Person" or "owner" mean any individual, firm, company, corporation, partnership, association, and private, public, and municipal corporations' responsible corporate officer, the United States of America, the State of California, districts, and all political subdivisions and governmental agencies.

"Pollutant" means any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological material, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt, or industrial, commercial, municipal, and agricultural waste discharged into water.

"Pollution" means the man-made or man induced alteration of the chemical, physical, biological, and radiological integrity of water.

"Pretreatment" means application of physical, chemical, and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the publicly owned wastewater treatment system.

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

"Pretreatment standards," "national pretreatment standards," or "standard" mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. Section 403.5.

"Public sewer" means sewer owned and operated by the County of Madera which collects sewage and wastewaters and transports same to facilities owned and operated by the County of Madera. Such sewer also includes property outside the established CSA 22C limits which are tributary to the main sewer trunk line to the wastewater treatment plant.

"Residential user" means a household which discharges only domestic wastewater from a residential dwelling unit.

"Sanitary sewer system overflow (SSO)" means any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system.

"Sewage" or "sanitary sewage" mean a combination of domestic sewage and industrial wastes.

"Sewage system" means the facilities for the collection, treatment, and disposal of sanitary sewage.

"Significant industrial user (SIU)" means all industrial users (IUs) subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R., Ch. I, subchapter. N and any other IU that discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater), contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant or is designated as such by the POTW on the basis that the IU has a reasonable potential for adversely affecting the POTW's operations or for violating a pretreatment standard or requirement (in accordance with 40 C.F.R. § 403.8(f)(6)).

"Significant noncompliance" means any SIU or industrial user which meets one or more of the criteria defined in 40 C.F.R. § 403.8(f)(2)(viii)(A)—(H):

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 C.F.R. § 403.3(I);

Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 C.F.R. § 403.3(I) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(I) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharge, interference or pass through (including endangering the health of POTW personnel or the general public);

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 C.F.R. § 403.8(f)(1) (vi)(B) to halt or prevent such a discharge;

Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide within forty-five days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report noncompliance; or

Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

"Slug discharge" means any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or noncustomary batch discharge.

"Standard methods" means the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Association.

"Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom.

"Unpolluted water" means water not containing any pollutants limited or prohibited by the effluent standards in effect or water whose discharge will not cause any violation of receiving water quality standards.

"User" means any person contributing wastewater to the public sewer system as provided in these regulations.

"Waste" means any discharge into the public sewer system that contains pollutants.

"Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, or institutions, together with any groundwater, surface water that may be present, whether treated or untreated, which is discharged into or permitted to enter the Madera County CSA 22C Wastewater Treatment System.

"Wastewater treatment system" or "publicly owned treatment works (POTW)" means any device, facility, structure, or equipment owned or used by the county for the purpose of the transmission, storage, treatment, recycling, or reclamation of industrial and domestic wastes necessary to recycle or reuse water,

including intercepting sewers, outfall sewers, sewer collections systems, pumps, power plants, and other equipment, and their appurtenances, extensions, improvements, remodeling, additions, and alterations thereof; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

(Ord. No. 694, § 1, 5-18-21).

A.

Prohibitions on Discharge. Wastewater which contains any of the following shall not be discharged into a public sewer:

Explosive Mixtures. Prohibited materials include gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, or other flammable or explosive liquid, solid, or gas with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Celsius using the test methods specified in 40 C.F.R. § 261.21;

Noxious Materials. Noxious solids, liquids, or gases, which, either singly or by interaction with other wastes, are capable of creating a hazard to life, or prevent entry into a public sewer for its maintenance and repair;

Improperly Shredded Garbage. Garbage that has been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers;

Radioactive Wastes. Radioactive wastes or isotopes that violate regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater treatment system or to personnel operating the system;

Solid or Viscous Wastes. Solid or viscous wastes which will or may cause obstruction to the flow in a public sewer resulting in interference. Prohibited materials include, but are not limited to, uncomminuted garbage, animal guts or tissues, paunch manure, earth, bones, feathers, ashes, cinders, sand, spent lime, cement, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, fats, oils and grease, and similar substances;

Excessive Discharge Rate. Wastewaters at a flow rate or containing such concentrations or quantities of pollutants, including oxygen demanding pollutants, (e.g., BOD), that exceed for any time period longer than fifteen minutes more than five times the average twenty-four-hour concentration, or quantities of flow and/or pollutant concentration during normal operation that would cause a treatment process upset and subsequent loss of treatment efficiency;

Toxic Substances. Toxic substances in amounts exceeding standards promulgated by the administrator of the U.S. Environmental Protection Agency pursuant to Section 307(a) of the Act, or as established by the County; and chemical elements or compounds, phenols or other taste or odor producing substances, or any other substances which are not susceptible to treatment or which may interfere with the treatment processes or efficiency of the treatment system, and therefore will be unsuitable for reclamation and reuse;

Unpolluted Waters. Any unpolluted water including, but not limited to, water from cooling systems or of stormwater origin, which will increase the hydraulic load on the sewer collection and conveyance system or wastewater treatment system;

Corrosive Wastes. Any wastes which will cause corrosion or deterioration of the treatment system. All wastes discharged to the public sewer system must have a pH value in the range of six to ten standard units. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds, and substances which will react with water to form acidic products;

Temperature. Any waste having a temperature higher than one hundred four degrees Fahrenheit (forty degrees Celsius);

Oil and Grease. Any waste containing more than three hundred mg/l of oil and grease;

Limitations on Point of Discharge. No user shall discharge any substances directly into a manhole or other opening in a public sewer other than through an approved building sewer, or specifically designated outside discharge point, unless the owner has been issued a permit by the director of public works;

Cannery Wastes. Any fruit or vegetable processing wastes or any other processing plant wastes which are retained on a screen having twenty meshes per square inch; or

Trucked or Hauled Pollutants. Any trucked or hauled pollutants, except at discharge points designated by the POTW.

B.

Limitations on Discharge.

Allowable limits of BOD and TSS to be discharged to the public sewer shall be determined by the Director. Limits will be based upon wastewater treatment plant design capacity and volume of flow from the discharger. No user shall discharge wastewater containing excessive amounts of BOD or TSS (based on twenty-four-hour composite sample) without a valid wastewater discharge permit.

Except where expressly authorized to do so by pretreatment standards or requirements, no IU shall ever increase the use of process water, or in any other way attempt to dilute a discharge for the purpose of reducing pollutant concentration levels, as a partial or complete substitute for adequate treatment to achieve compliance with pretreatment requirements.

C.

Incompatible Pollutants. To protect the wastewater treatment system, to prevent the discharge of pollutants which would pass through the wastewater treatment system without sufficient treatment, to prevent contamination of recovered by-products produced by the wastewater treatment system, and so as not to cause the County of Madera to violate applicable state and federal regulations and requirements, all users discharging into a public sewer shall be required to remove incompatible pollutants which cause pass through or interference from their waste.

Any user requesting a permit to discharge to the sewer system shall conduct a sampling and laboratory analyses program to the satisfaction of the County of Madera to establish the quantities and concentrations of incompatible pollutants. At the option of the County of Madera, the analyses may include, but not be limited to, measurement of arsenic, barium, cadmium, calcium, chemical oxygen demand, copper, cyanide, fluoride, iron, lead, magnesium, mercury, methyl blue active substances, nickel, nitrogen, potassium, radioactivity, silver, sodium, total chromium, total filterable residue, toxicity, zinc, chlorinated hydrocarbons, and phenolic compounds.

The County of Madera will evaluate the probable impact of the discharge on the operation of the wastewater treatment system, the ability of the system to meet its effluent limitations, and the impact on recoverable by-products. The County of Madera may then establish specific limitations on any incompatible pollutants as the County of Madera determines necessary.

However, in no case shall a user discharge wastewater containing an excess of:

Notwithstanding the above requirements, all users discharging into publicly owned treatment works are required to remove incompatible pollutants from their waste in conformance with national pretreatment standards as issued by the U.S. Environmental Protection Agency.

D.

State Requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in these regulations.

E.

Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard shall supersede the limitations imposed in these regulations if the federal standard is more stringent than limitations imposed under these regulations. The National Categorical Pretreatment Standards, located in 40 C.F.R. Ch. I, subchapter. N, pts. 401—403 and 460 are hereby incorporated into these regulations. The director shall notify all affected users of the applicable reporting requirements under 40 C.F.R. § 403.12.

F.

Discharge Reports. The director may require that any person discharging wastewater into CSA 22C sewer file a periodic discharge report. The discharge report may include, but need not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, number and classification of employees, or other information which relates to the generation of waste including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged. In addition to discharge reports, the County of Madera may require information in the form of wastewater discharge permit applications and self-monitoring reports.

G.

Negligence Through Equipment or Waste—Right to Discontinue Service. The County of Madera may refuse to furnish sewer service and may discontinue all services to any premises where apparatus, appliances, or equipment using water is found by the director to be dangerous or unsafe or where the use of water on such premises is found by the director to be detrimental or injurious to the sewer service furnished by the county to other premises, or where the director finds that negligent or wasteful use of water exists on any premises which affects the County of Madera sewer service.

(Ord. No. 694, § 1, 5-18-21).

A.

Duty of Public Works Department. The public works department of the County of Madera by and through its director or his or her designee is charged with the duty of enforcing these regulations, or causing their enforcement by other County of Madera departments or other agencies, including county jurisdiction, when necessary.

B.

Disconnection for Violation. In the event of violation of any provisions of these regulations, the director may disconnect any premises from the sewer system after first notifying in writing the person causing, allowing, or committing such violation, specifying the violation and, if applicable, the time after which (upon failure of such person to prevent or rectify the violation) the director shall exercise his or her authority to disconnect the premises from the sewer system, provided that such time shall not be less than five days after the date of presentation of such notice, provided further that in the event such violation results in a public hazard, menace, or nuisance, then the director may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such condition, and the reasonable costs of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.

C.

Duty to Collect Charges. The director and all other appropriate county officers, agents, or employees shall promptly, efficiently, and economically take all steps, actions, or remedies necessary for the collection of the penalties as provided elsewhere in this code.

D.

Right of Entry for Inspections. The officers, employees, and inspectors of the public works department of the County of Madera shall have the right to enter upon the premises of any person at reasonable hours to inspect and to determine compliance with this chapter.

E.

Submission of Time Schedule. When the County of Madera finds that a discharge of wastewater has occurred or may occur in violation of this chapter or in violation of a wastewater discharge permit, the County of Madera may require the owner to submit for approval a detailed time schedule of specific actions which the owner shall take to prevent or correct the violation.

F.

Falsifying Information. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to these regulations or wastewater contribution permit or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these regulations, shall, upon conviction, be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.

G.

Public Nuisance. Waste or wastewater discharge, threatened waste or wastewater discharge, or any violation of these regulations is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined and damages assessed therefor, in any manner provided by law.

H.

Civil/Criminal Penalties. Every industrial user shall be civilly and criminally liable to the County of Madera in at least the amount of one thousand dollars per day for each act in violation of these pretreatment standards and regulations.

I.

Misdemeanor. Any person violating any of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment in the county jail for a term not to exceed six months, or by a fine not to exceed five hundred dollars or by both such imprisonment and fine. Every day such violation continues shall constitute a separate offense.

J.

Remedies Cumulative. The remedies provided for in these regulations shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the County of Madera.

K.

Appeals.

Any user, permittee, applicant, or other person aggrieved by any decision, action, finding, determination, order, or directive of the director, made or authorized pursuant to the provisions of this chapter, or relating to any permit issued pursuant to said chapter, or interpreting or implementing the same, may file a written request with the director for reconsideration thereof within ten days of such decision, action, finding, determination, or order, setting forth in detail the facts supporting such user's or person's request for reconsideration. The director shall render a final decision within ten days of receipt of such request for consideration.

Any user, permittee, applicant, or other person aggrieved by the final determination of the director may appeal such determination to the board of supervisors within ten days after notification of the final determination of the director, and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the board of supervisors within thirty days from the date of filing the notice of appeal. Upon conclusion of the hearing, the board of supervisors may affirm, reverse, or modify the final determination of the director as the board of supervisors deems just and equitable, and in furtherance of the provisions, purposes, and intent of these regulations. During the pendency of any such appeal, the final determination of the director shall remain in full force and effect. The board of supervisors determination on the appeal shall be final.

(Ord. No. 694, § 1, 5-18-21).

No person shall discharge or cause to be discharged into the CSA 22C sewer any of the following described waters or wastes:

A.

Any waste for which a connection permit has not been granted by the director;

B.

Flammable, toxic, or explosive substances;

C.

Toxic or poisonous substances;

D.

Strong acids or alkaline solutions;

E.

Solid or viscous substances;

F.

Substances having a temperature greater than one hundred eighty degrees Fahrenheit;

G.

Fats, wastes, greases, or oils, other than household wastes;

H.

Heavy metals;

I.

Phenols or odor/taste-producing substances;

J.

Radioactive wastes;

K.

Any wastes not susceptible to the type of treatment provided;

L.

Any industrial users wastes without an industrial user's permit under Section 13.96.055 of this chapter.

(Ord. No. 694, § 1, 5-18-21).

A.

Wastewater Discharge Permits. All commercial kitchens and food service establishments proposing to connect to or to discharge into the CSA 22C sewer shall obtain a wastewater discharge permit from the director before connecting to or discharging into the CSA 22C sewer. An applicant may appeal the denial or any terms and conditions of a wastewater discharge permit pursuant to Chapter 13.84 of this title. Any commercial kitchen and food service establishment connected to a sewer system at the time such sewer system becomes acquired by CSA 22C shall file a wastewater discharge permit application within ninety days after the system is acquired by CSA 22C.

B.

Permit Application. Commercial kitchens or food service establishments seeking a wastewater discharge permit shall complete and file with the department an application in the form prescribed by the director and accompanied by the applicable fees. The applicant may be required to submit the following information:

Owner contact information and facility contact information;

Number of employees and days/hours of facility use;

Number of seats in facility;

Planned grease control device;

Hauler for yellow grease (fryer oil);

Hauler/pumping contractor for grease control device;

Plumbing fixture and equipment types;

Other information as deemed appropriate by the director to ensure compliance with these regulations.

C.

The director or his or her designee will evaluate the data furnished by the applicant and may require additional information. After evaluation and approval of the application, the director may issue a wastewater discharge permit subject to the terms and conditions provided herein.

D.

Permit Conditions. Permits must contain, but not be limited to, the following:

Requirements for the installation and maintenance of a fats, oils and grease control device (hydromechanical or gravity grease interceptor);

Minimum cleaning frequency for grease control device;

Best management practices;

Proper connections and flow control to grease control device;

Permit fee as established by Madera County Board of Supervisors resolution;

Other conditions as deemed appropriate by the director to ensure compliance with these regulations; and

Statement of applicable civil and criminal penalties for violation of standards, requirements, or compliance schedules.

E.

Duration of Permit. Permits shall be issued for a specified time period, not to exceed five years, except that the duration of a permit may be extended by the director upon application by the permittee prior to the expiration of the permit and for good cause shown, and such extension shall not exceed five years. The terms and conditions of the permit may be subject to reasonable modifications or changes by the director during the life of the permit only in response to modifications and changes in discharge limitations or requirements adopted to ensure the sewer system is not adversely affected by the discharge. The user shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of change. In consultation with the permittee, the director shall include a time schedule for compliance with any changes or new conditions in the permit. The permittee may appeal any decision by the director to modify or change permit terms and conditions pursuant to Chapter 13.84 of this title.

F.

Transfer of Permit. 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 user, different premises, or a new or changed operation. A new wastewater discharge permit will be required for a new user, a different location, or a new or changed operation.

G.

Notification of Changed Discharge. All commercial kitchens and food service establishments shall promptly notify the department in advance of any anticipated or planned change in operations that might result in a change in the volume, character, or constituents of the pollutants in their discharge, or any facility changes affecting the potential for a slug discharge.

H.

Revocation of Permit. Any user who violates conditions of the permit, or who violates applicable state and federal regulations, is subject to having his or her permit revoked. The permittee may appeal any decision by the director to revoke his or her permit or terms and conditions pursuant to Chapter 13.84 of this title.

Failure of the user to install and maintain a grease control device;

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

Failure to comply with conditions identified in waste discharge permit.

I.

Permit Denial/Condition. The County of Madera reserves the right as to any commercial kitchens and food service establishments to deny or condition a permit due to new source or increased contribution of pollutants or change in the nature of pollutants where these contributions do not meet pretreatment standards and requirements, or when these contributions would cause the department to violate its waste discharge requirements.

(Ord. No. 694, § 1, 5-18-21).

A.

Wastewater Discharge Permits. All industrial users proposing to connect to or to discharge into the CSA 22C sewer shall obtain a wastewater discharge permit from the director before connecting to or discharging into the CSA 22C sewer. An applicant may appeal the denial or any terms and conditions of a wastewater discharge permit pursuant to Chapter 13.84 of this title. Any industrial user connected to a sewer system at the time such sewer system is acquired by CSA 22C shall file a wastewater discharge permit application within ninety days thereafter.

B.

Permit Application. Industrial users seeking a wastewater discharge permit shall complete and file with the department an application in the form prescribed by the director and accompanied by the applicable fees.

The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:

a.

Name, address, and standard industrial classification number of applicant.

b.

Volume of wastewater to be discharged.

c.

Wastewater constituents and characteristics including, but not limited to, those mentioned in sections of these regulations as determined by a laboratory approved by the County of Madera.

d.

Time and duration of discharge.

e.

Average and thirty-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.

f.

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

g.

Description of activities, facilities, and plan processes on the premises including all materials, processes, and types of materials that are, or could be, discharged.

h.

Each product produced by type, amount, and rate of production.

i.

Number and type of employees, and hours of work.

j.

Any other information as may be deemed by the director of public works or his or her designee to be necessary to evaluate the permit application.

The director or his or her designee will evaluate the data furnished by the applicant and may require additional information. After evaluation and approval of the application, the director may issue a wastewater discharge permit subject to the terms and conditions provided herein.

C.

Permit Conditions. Permits must contain, but not be limited to, the following:

The average and maximum wastewater constituents and characteristics;

Limits on rate and time of discharge or requirements for flow regulations and equalization;

Requirements for installation or inspection, flow metering, and sampling facilities;

Pretreatment requirements;

Specifications for monitoring programs including identification of pollutants to be monitored, sampling locations, frequency and method of sampling, number, types, and standards for tests, and reporting schedule;

Requirements for submission of technical reports or discharge reports;

Requirements for maintaining and retaining plant records for a minimum of three years relating to wastewater discharge as specified by the County of Madera, and affording the County of Madera the right to inspect and copy such records;

Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants are proposed or present in the user's wastewater discharge;

Compliance schedule;

Permit fee as established by Madera County Board of Supervisors resolution;

Other conditions as deemed appropriate by the director to ensure compliance with these regulations; and

Statement of applicable civil and criminal penalties for violation of standards, requirements, or compliance schedules.

D.

Duration of Permit. Permits shall be issued for a specified time period, not to exceed five years, except that the duration of a permit may be extended by the director upon application by the permittee prior to the expiration of the permit and for good cause shown, and any such extension shall not exceed five years. The terms and conditions of the permit may be subject to reasonable modifications or changes by the director during the life of the permit only in response to modifications and changes in discharge limitations or requirements adopted to ensure the sewer system is not adversely affected by the discharge. The user shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date

of change. In consultation with the permittee, the director shall include a time schedule for compliance with any changes or new conditions in the permit. The permittee may appeal any decision by the director to modify or change permit terms and conditions pursuant to Chapter 13.84 of this title.

E.

Transfer of Permit. 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 user, different premises, or a new or changed operation. A new wastewater discharge permit will be required for a new user, a different location, or a new or changed operation.

F.

Notification of Changed Discharge. All industrial users shall promptly notify the department in advance of any anticipated or planned change in operations that might result in a change in the volume, character, or constituents of the pollutants in their discharge, or any facility changes affecting the potential for a slug discharge.

G.

Revocation of Permit. Any user who violates conditions of the permit, or who violates applicable state and federal regulations, is subject to having his or her permit revoked. The permittee may appeal any decision by the director to revoke his or her permit or terms and conditions pursuant to Chapter 13.84 of this title.

Failure of the user to factually report the wastewater constituents and characteristics of his or her discharge;

Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

Failure to comply with conditions identified in waste discharge permit.

H.

Permit Denial/Condition. The County of Madera reserves the right as to any industrial users to deny or condition a permit due to new source or increased contribution of pollutants or change in the nature of pollutants where these contributions do not meet pretreatment standards and requirements, or when these contributions would cause the department to violate its waste discharge requirements.

I.

Monitoring Facilities. The County of Madera may require the industrial user to construct, at its own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the industrial user's expense. The monitoring facility shall be situated on the industrial user's premises unless exemptions from this requirement are granted by the County of Madera.

The monitoring facility shall include accommodations to allow access by county personnel, such as a cover secured with a county lock. There shall be ample room in or near such monitoring facilities to allow accurate sampling, flow measuring, and compositing of samples for analysis. The monitoring facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user.

The sampling and monitoring facilities shall be provided in accordance with the County of Madera's requirements and all applicable construction standards and specifications. Construction shall be completed within ninety days following written notification by the director, unless a time extension is otherwise granted by the director.

J.

Inspection and Sampling. The County of Madera may inspect the facilities of any industrial user to ascertain whether the provisions of these regulations are being met and all requirements are being complied with. The industrial user shall allow the County of Madera or its agent access at all reasonable times to the premises for the purposes of inspection or sampling in the performance of any of their duties. The County of Madera shall have access to inspect and copy records. The County of Madera shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling or metering operations. All wastewater sampling and analyses shall be conducted using the methods, procedures, and requirements set forth in 40 C.F.R. pt. 136.

K.

Monitoring and Analysis to Demonstrate Continued Compliance. Except in the case of non-significant categorical users, as defined in 40 C.F.R. 403.3(v)(2) and (3), the reports required in 40 C.F.R. §§ 403.12(b), (d), (e), and (h) shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the County of Madera, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may, at the discretion of the director, be performed by the County of Madera in lieu of the industrial user. Where the department performs the required sampling and analysis in lieu of the industrial user, the industrial user will not be required to submit the compliance certification required under 40 C.F.R. §§ 403.12(b)(6) and (d). In addition, where the department itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

The industrial user shall incorporate, record, and report any economically practical best management practices that reduce the volume and/or toxicity of wastes generated.

If sampling performed by an industrial user indicates a violation, the industrial user shall notify the County of Madera within twenty-four hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the County of Madera within thirty days after becoming aware of the violation. Where the County of Madera has performed the sampling and analysis in lieu of the industrial user, the County of Madera must perform the repeat sampling and analysis unless it notifies the industrial user of the violation and requires the industrial user to perform the repeat analysis. Re-sampling is not required if:

a.

The County of Madera performs sampling at the industrial user at a frequency of at least once per month; or

b.

The County of Madera performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the County of Madera receives the results of this sampling.

L.

Compliance Progress Reporting. As specified in 40 C.F.R. § 403.12(c), new potential Industrial users may be required to submit compliance schedules and technical or discharge reports prior to installation of pretreatment facilities or obtaining a permit.

M.

Categorical Industrial User Reporting Requirements. In addition to reporting requirements outlined in this Section 13.96.055, subsection C, each categorical industrial user is required to submit to the County of Madera a baseline monitoring report (BMR), a report on compliance with the industry's categorical deadline, a compliance schedule progress report, or periodic compliance report as specified in 40 C.F.R. §§ 403.12(b)—(h). Reports must be signed and certified as specified in 40 C.F.R. § 403.12(I). For purposes of this chapter, a categorical industrial user means an industrial user that is subject to a categorical pretreatment standard as that term is used in 40 C.F.R. § 403.12.

N.

Notice of Noncompliance. Every industrial user is required to notify the County of Madera within twenty- four hours of becoming aware of a violation (40 C.F.R. 403.12(g)(2)) and resample the discharge for any violation, as evident by the industrial user sampling, of the pretreatment standards and requirements. The re-sampling results must be submitted to the County of Madera within thirty days of the violation.

O.

Public Notice of Significant Noncompliance. Industrial users found to be in significant noncompliance with these pretreatment requirements during the previous twelve months shall be subject to at least annual public notification in the largest daily newspaper published in the county. The County of Madera will publish details of significant noncompliance by any and all industrial users in the local newspaper or a newspaper of general circulation during January of each year. All cost relating to said annual publication shall be borne by the subject industrial users. For the purposes of this provision, any industrial user which violates paragraphs 40 C.F.R. §§ 403.8(f)(2)(viii)(A)—(H) is in significant noncompliance.

P.

Pretreatment. Industrial users shall make wastewater acceptable under the limitations established herein before discharging to the CSA 22C sewer. Any facilities required to pretreat wastewater to meet these regulations shall be provided and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating and maintenance procedures shall be submitted to the County of Madera for review, and must be acceptable to the County of Madera before construction of the facility. The review of such plans and operation and maintenance procedures will in no way relieve the user from the responsibility of modifying the facility, as necessary, to produce an effluent acceptable to the County of Madera under the provisions of these regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported in writing to and be acceptable to the County of Madera.

Q.

Protection from Accidental Discharge.

Each industrial user shall provide procedures and facilities for protection of the sewer system from accidental discharge of prohibited materials or other pollutants restricted by these regulations. Such facilities shall be provided and maintained at the industrial user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the County of Madera for review and shall be acceptable to the County of Madera before construction of the facility.

The review of such plans and operation procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this section.

R.

Slug Discharge Control.

A "slug discharge" is any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge, which has reasonable potential to cause interference or pass through, or in any other way violate the CSA 22C sewer regulations, local limits and/or permit conditions. The department will evaluate the need to implement a plan to control slug discharges within a

year of a discharger being designated as an industrial users. If it is decided that a plan is needed, the plan shall contain, as a minimum, the following items:

a.

Description of discharge practices, including non-routine batch discharges;

b.

Description of stored chemicals;

c.

Procedures for immediately notifying the department of any accidental or slug discharge which cause pass through or interference, pollutants which create a fire or explosion hazard, cause corrosive structural damage, have a pH lower than 5.0, solid or viscous pollutants which will cause obstruction to the wastewater flow, pollutants (including oxygen demanding pollutants) released at a flow rate and/or pollutant level which will cause interference with the wastewater, heat in amounts which will inhibit biological activity in the wastewater or present in such quantities that the temperature at the treatment plant exceeds forty degrees Celsius, oils (petroleum, non-biodegradable cutting oil, or products of mineral oil) in quantities that will cause interference or pass through, pollutants which result in the presence of toxic gases, vapors, or fumes at a level that may cause acute worker health and safety problems, and discharge of any trucked or hauled pollutants except at discharge points designated by the department; and

d.

Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic pollutants (including solvents), and/or measures and equipment for emergency response. Slug control requirements must be referenced in slug industrial user control mechanisms.

The department will re-evaluate each industrial user at least once every two years to determine the need for a slug discharge control plan.

S.

Notification of Discharge.

All industrial users shall immediately notify the County of Madera upon accidental discharge or a slug discharge in violation of these regulations to enable countermeasures to be taken by the County of Madera to minimize the damage to the CSA 22C sewer, treatment facility, treatment processes, and the receiving waters.

This notification shall be followed within twenty-four hours of the occurrence by the submission to the County of Madera of a detailed written statement describing the causes of the discharge and the measures being taken to prevent future occurrence. Such notification will not relieve the industrial user of liability for any expense, loss, or damage to the CSA 22C sewer, treatment plant, or treatment process, or for any fines imposed on the County of Madera on account thereof.

T.

Notification of Hazardous Waste Discharge. All industrial users must notify, in writing, the department, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of any discharge into the CSA 22C sewer of a substance which would be classified as hazardous waste by 40 C.F.R. pt. 261.

The notification must include, at a minimum, the following:

a.

The name of the hazardous waste material;

b.

The EPA hazardous waste number; and

c.

The type of discharge. If the industrial user discharges more than one hundred kilograms of such waste per calendar month to the CSA 22C sewer, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user:

i.

An identification of the hazardous constituents contained in the wastes.

ii.

An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month.

iii.

An estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve months.

All notification must take place within ten days of the discharge.

U.

Notice to Employees. To inform the employees of the industrial user of the County of Madera's requirement, industrial users shall make available to their employees copies of these regulations and together with such other wastewater information and notices that may be furnished by the County of Madera from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of these regulations.

V.

Confidential Information. Unless the industrial user requests otherwise, all information and data from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public.

If the industrial user is able to demonstrate to the satisfaction of the County of Madera that the release of the above information would divulge proprietary processes, trade secrets, or information that would be detrimental to the industrial user's competitive position, such information, with the exception of effluent data, may be considered confidential and withheld from the public.

The industrial user's effluent data wastewater constituents and characteristics are considered not confidential and shall be made available to the public without restriction.

W.

Special Agreements. Special agreements and arrangements between the County of Madera and any industrial user may be established when, in the opinion of the director, unusual or extraordinary circumstances compel special terms and conditions. However, pretreatment standards in special agreements between the County of Madera and users shall not exceed national pretreatment standards.

(Ord. No. 694, § 1, 5-18-21).

No person shall deposit or deliver pumpings from septic tanks, cesspools, leach pits, holding tanks, chemical toilets and those discharged from recreational vehicles, into the CSA 22C sewer system, except by special permit issued by the department.

(Ord. No. 694, § 1, 5-18-21).

No person shall uncover, make any connection with or opening into, use, alter, or otherwise disturb any portion of the CSA 22C sewer lines, its facilities or appurtenances without first obtaining a permit from the director. In the case of an emergency requiring the uncovering of such sewer lines, the party responsible must obtain a permit and have the affected lines inspected by the county within forty-eight hours of such uncovering of sewer lines and before such lines is recovered.

(Ord. No. 694, § 1, 5-18-21).

No sewer connection, sewer lines upon the private property, or facilities in connection therewith, shall be used until written approval is obtained from the building and public works departments.

(Ord. No. 694, § 1, 5-18-21).

Any extension to or expansion of the CSA 22C sewer shall be made in accordance with plans and specifications approved by the director and adopted by CSA 22C. The construction, installation and maintenance of such extensions or expansions shall be made in conformance with applicable federal, state and local laws, rules and regulations.

(Ord. No. 694, § 1, 5-18-21).

The board of supervisors, as the board of directors of the CSA 22, Zone of Benefit C, shall determine the cost of the extension or expansion to be paid by the person or persons desiring or to be benefited by such extension or expansion. The board may consider, but not limited to, recommendations from the Madera County Public Works Department or the MAC for cost determinations. The board may further determine the manner in which said extension or expansion shall be paid by such person or persons. It may consider, but shall not be limited to, requiring payment in cash, the construction of the sewer by a developer or by the owner of the land desiring to be benefited by the extension, or by the institution of proceedings for the levying of an assessment upon the properties to be benefited by such extensions or expansion pursuant to an improvement act.

(Ord. No. 694, § 1, 5-18-21).

A sewer charge shall be established by the board for each sewer unit, as defined in Section 13.96.160 of this chapter.

(Ord. No. 694, § 1, 5-18-21).

Billing shall be in accordance with and pursuant to a method and schedule adopted by the board of supervisors by ordinance or resolution and placed on file with the clerk of the board, county auditor and director.

(Ord. No. 694, § 1, 5-18-21).

No parcel of property, residence, building or facility delivering sewage into the CSA 22C sewer shall be connected to such sewer facilities until a connection permit has been issued by the director. A connection permit shall be issued only upon the following conditions:

A.

That a connection permit application has been obtained from the director and submitted to the public works department for the county;

B.

That all required fees and connection charges as established by the board of supervisors by ordinance or resolution have been paid to the county;

C.

That all rights-of-way have been obtained for the proposed facilities;

D.

That all federal, state and county laws, rules, and regulations pertaining to such connections have been complied with;

E.

That all agreements between CSA 22C and the persons requesting the connection have been complied with as determined by the director; and

F.

That the connection permit application has been signed by the last owner of record of the property.

(Ord. No. 694, § 1, 5-18-21).

Upon acceptance of the system by the board of supervisors, it shall be unlawful for any person to connect to, construct, or install, provide, maintain, or use any other means of sewage disposal from any building in the area served by the CSA 22C sewer system except by connection to the sewer system in the manner prescribed.

Any person violating any provision of this chapter, or any rule or regulation established by the county or County Service Area 22, Zone of Benefit "C", pertaining to the operation of the CSA 22C sewer system, shall be guilty of a misdemeanor. In addition thereto, each person in violation of any of the provisions of this chapter shall be liable in damages to CSA 22C in a sum determined by a court of competent jurisdiction and, if the violation continues, it shall be deemed a new violation for each day that such violation continues. The county and County Service Area 22, Zone of Benefit "C" shall have the authority to commence an action in a court of competent jurisdiction to enforce any of the provisions of this chapter by writ of mandate or otherwise.

(Ord. No. 694, § 1, 5-18-21).

The director may require the filing of maps, plats or specifications for a sewer system upon any premises that is to be connected, or is connected, to the CSA 22C sewer. With the consent of the owner of the premises or the person in possession thereof, the director or his designated representative may enter upon any private premises for the purpose of inspection, re-inspection, observation, measurements, sampling, testing, or otherwise performing such duties as may be necessary in the enforcement of the provisions of this chapter and the rules and regulations established for its implementation. In the event the owner of the premises or the person in possession of the premises fails or refuses to file the maps, plats, specifications of the sewer system on the private property, or fails to permit inspection thereof, CSA 22C may refuse to connect the service or may discontinue the service until the maps, plats or specifications are filed and so inspected.

(Ord. No. 694, § 1, 5-18-21).

A.

"Sewer units" are defined as the units provided for each parcel as its rightful share in and to the capacity of the sewage plant facilities.

B.

"Transfer," as used in this chapter, shall include, but not be limited to, delivery by purchase (by money or other consideration), gift, loan, bequest, inheritance, or any other means whereby one or more sewer units or a fraction of a sewer unit is removed from possession or control by the owner of one parcel for use on that particular parcel, and comes into the possession or control by the owner of another parcel for use on the recipient parcel.

C.

The director shall keep all records and files pertaining to the number of sewer units assigned to each parcel, and shall maintain a record of each transfer of sewer units between parcels.

D.

Sewer units shall not be transferred or allocated except as provided in this chapter. No sewer unit or fraction of a sewer unit shall be transferred without written application to the director and subsequent approval by resolution of the board.

E.

No sewer unit shall be owned except as an incident of, and as assigned to, an existing parcel identified by assessor's parcel number within the CSA 22C sewer area. Sewer units shall not be owned as personal property or in conjunction with real property, except when assigned to a designated parcel.

F.

Designation of Sewer Units. All sewer units "shall be classified as "active," "standby" or "unallocated."

Active sewer units are defined as those sewer units allocated to a particular parcel of land and in use.

Standby sewer units are defined as those sewer units allocated to a particular parcel of land and are not in use.

Unallocated sewer units are defined as those sewer units owned by CSA 22C and not allocated to a particular parcel. Unallocated sewer units are not subject to assessment for sewer operation, maintenance, and improvement financing, until such time as they are allocated.

G.

Acquisition of Sewer Units.

Unallocated sewer units may be purchased from the CSA 22, Zone of Benefit C, subject to plant capacity and availability.

a.

The purchase price of unallocated sewer units shall be set by the board. If a fraction of a unit is purchased, the purchaser shall pay the sum of the whole sewer unit multiplied by the fraction.

b.

The purchaser of an unallocated sewer unit(s) shall designate in writing to the director: (1) a proposed project for which the sewer unit(s) shall be used; and (2) the purchaser's ownership of an existing parcel upon which the proposed project is to be located or evidence the purchaser has the project location under contract to be purchased. The existing parcel may be owned by the purchaser or by the landowner for whom the purchaser acts as an agent.

c.

Full payment for units shall be paid prior to issuance of a building permit.

d.

Persons purchasing sewer units in connection with the preparation and filing of any parcel or subdivision map shall be exempt from the requirements of proposing a specific project and obtaining a building permit within a specific time period and shall pay as provided in subsection J of this section. However, subdividers

shall be subject to all requirements of purchase price and payment of indebtedness as provided in this section.

Allocated sewer units may be transferred between persons as provided in this section.

a.

Sewer units, or portions thereof, may be transferred from one parcel to another upon application to the director and approval by the board, subject to payment of such fees, charges and indebtedness as may be required and determined necessary.

b.

As a condition of approval of the transfer of allocated sewer units, the transferor must first obtain the director's written certification that the parcel from which the unit is being transferred will, after transfer, continue to have sufficient sewer units to adequately serve the parcel's needs, but in no case shall the transferor retain less than one entire allocated sewer unit on the parcel that is the source of the sewer unit(s).

All purchasers of sewer units of any type shall pay the monthly sewer charge for operation and maintenance expenses as provided in Section 13.96.110 of this chapter and as established by the board by resolution.

Except as otherwise provided in this chapter, allocated and unallocated assessed sewer units shall not be metered or otherwise monitored by the CSA 22, Zone of Benefit C, or director to determine actual usage and subsequent reassessment or allocation.

H.

To determine the number of sewer units to be purchased for a proposed project, use the Table 1 basis of use for sewer units schedule to calculate projected waste flow generation. Divide the proposed average daily waste flow (in gallons) by two hundred gallons to determine the total number of sewer units needed, then subtract from that total number, the number of allocated sewer units currently held with the parcel to find the number of sewer units to be purchased. See the formula below:

Daily waste flow of project (gal)/200 (gal) — Current allocated units = Number of sewer units to be purchased.

A text change to Table 1 modifying the allocation schedule may be granted if the applicant can provide reliable data, acceptable to the board, which the usage of any specific type of use varies significantly from the usage specified in Table 1.

Reliable data shall include but not be limited to a combination of industry average from reliable sources, and historical water usage data for similar local uses.

The fee for this type of ordinance change shall be modified to cover actual staff time spent on the change, not to exceed the posted ordinance change fee in place at the time of application.

I.

Basis of use for sewer units are set forth in Table 1.

TABLE 1 BASIS OF USE FOR SEWER UNITS

s.f. = square foot

;adv=6;Notes:

The base rate for the O&M charge, per sewer unit, shall be established by the board on an annual or periodic basis.

Sewer units for uses not identified above will be determined on a case-by-case basis.

Reserved.

Pursuant to Section 13.96.160(A) of this chapter, one sewer unit equals two hundred gallons per day.

The total number of sewer units required will be set at the nearest one-tenth with a minimum requirement of one unit per parcel.

Square footage for restaurants will include fifty percent of all outdoor eating space.

Sewer unit requirements for fueling stations with no public restroom facilities will be based on markets/offices/commercial/stores.

(Ord. No. 694, § 1, 5-18-21).

This chapter shall supersede all conflicting provisions of this code, including the zoning ordinance (Title 18) and the subdivision and parcel map ordinances (Title 17).

(Ord. No. 694, § 1, 5-18-21).

V. - GROUNDWATER EXPORTATION, GROUNDWATER BANKING, AND IMPORTATION OF FOREIGN WATER, FOR PURPOSES OF GROUNDWATER BANKING, TO AREAS OF MADERA COUNTY WHICH ARE OUTSIDE OF LOCAL WATER AGENCIES THAT DELIVER WATER TO LANDS WITHIN THEIR BOUNDARIES Chapter 13.100* - RULES AND REGULATIONS PERTAINING TO GROUNDWATER BANKING— IMPORTATION OF FOREIGN WATER, FOR THE PURPOSE OF GROUNDWATER BANKING, TO AREAS OF

MADERA COUNTY WHICH ARE OUTSIDE OF LOCAL WATER AGENCIES THAT DELIVER WATER TO LANDS WITHIN THEIR BOUNDARIES—EXPORTATION OF GROUNDWATER OUTSIDE THE COUNTY