San Clemente Municipal Code Art. I General Provisions

A. .....The City of San Clemente (CSC) is a general law city formed under provisions of the California Government Code in 1928. The CSC provides water and wastewater treatment and disposal services to its residents and commercial customers within the CSC's service area. As part of the South Orange County Wastewater Authority (SOCWA), the CSC owns capacity to provide wastewater disposal through the SOCWA ocean outfall located offshore of the City of Dana Point.

B. .....SOCWA is governed by its own Board of Directors (Board) with each Director representing a member agency (MA). MAs join together in various project committees to construct and operate joint sewerage facilities. The SOCWA ocean outfall is the key facility in the SOCWA system. Treated wastewater is discharged to the outfall from SOCWA, other MAs, and the CSC's wastewater treatment plant.

C. .....SOCWA is the lead agency responsible for the implementation of the provisions contained In the ordinance codified In this chapter. The CSC, a MA of SOCWA, may opt to administer and enforce these provisions under SOCWA's oversight, or may contract with SOCWA to have these services provided to the CSC. An interagency agreement has been adopted between the CSC and SOCWA that defines each agencies' duties and responsibilities. This interagency agreement is on file at both the CSC and SOCWA offices.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)

A. .....The objectives of this chapter are to:

1. Ensure compliance with various regulatory agencies and certain National Pollutant Discharge Elimination System (NPDES) requirements;

2. Prevent the introduction of pollutants that may cause interference of sewerage facility operations;

3. Identify the goals, objectives and procedures for complying with federal pretreatment standards;

4. Prevent biosolids contamination;

5. Promote the opportunity to recycle and reclaim wastewaters or biosolids from sewerage facilities;

6. Encourage waste minimization and material substitution by users.

7. Protect sewerage facility employees and the general public who may be affected by wastewater, biosolids and chemical hazards;

8. Encourage the reuse, recycling and reduction of water, wastewater or solids that are discharged to sewerage facilities;

9. Minimize the discharge of volatile organic compounds that could individually or collectively contribute to a decrease in the quality of air emission from sewerage facilities.

10. Establish an effective monitoring program for the control of user discharges to sewerage facilities;

11. Establish an enforcement response plan (ERP) to help ensure consistent application of the provisions of this ordinance;

12. Equitably allocate costs;

13. Prevent the introduction of pollutants into sewerage facilities that may pass through a sewerage facility inadequately treated, into the receiving waters, or otherwise be incompatible with sewerage facilities;

14. Incorporate the necessary laws and regulations in order to implement and enforce federal, State of California (State), CSC and SOCWA standards;

15. Seek to identify users that discharge or have the potential to discharge toxic pollutants, non-compatible or excessive amounts of compatible wastes to sewerage facilities.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)

A. .....The purpose of this chapter is to:

1. Provide for the maximum public benefit from the use of CSC and/or SOCWA sewerage facilities. This is accomplished by regulating the use of sewerage facilities and wastewater discharges by providing equitable distribution of costs in compliance with applicable State and federal regulations and by providing procedures that will allow the CSC and/or SOCWA to comply with requirements placed upon them by other regulatory agencies. Any revenues derived from the application of this chapter may be used to recover the cost of providing services by the CSC and/or SOCWA, which include but are not limited to administration, monitoring, and enforcement.

2. Comply with federal and State regulations which allow the CSC and/or SOCWA to meet applicable standards for the final effluent and ocean outfall quality. This chapter establishes quality and quantity limitations on all wastewater discharges whether or not the discharges adversely affect the CSC's and/or SOCWA's sewerage facilities, processes, ocean outfall effluent quality, or inhibit the CSC's and/or SOCWA's ability to meet its specific discharge limitations. It is the intent of this chapter to improve the quality of wastewater being received for treatment and to encourage water conservation by all users connected to a sewerage facility. It is the CSC's and/or SOCWA's intent to discourage the increase in quantity (mass emission) of waste constituents being discharged. This chapter also imposes pretreatment requirements on the degree of waste authorized to be discharged to the CSC's and/or SOCWA's sewerage facilities, provides for the issuance of wastewater discharge permits or other controlling mechanism to impose additional case-by-case requirements, as appropriate, and establishes fees and other penalties for noncompliance and for violations of this chapter.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)

A. .....The policy of this chapter is to be:

1. Interpreted in accordance with the definitions set forth in this chapter. The provisions of this chapter shall apply to the discharge of all wastes carried to CSC's and/or SOCWA's sewerage facilities, and are to be liberally construed so as to effectuate the environmental purposes, objectives, and other provisions set forth herein.

2. Committed to wastewater reclamation and reuse in order to provide an alternate source of water supply. The adoption of programs for reclamation through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements on wastewater discharges. In the event that more stringent quality requirements are necessary, this chapter may be amended to reflect those changes.

3. Committed to the beneficial use of biosolids. The implementation of programs to land apply or provide for the marketing and distribution of biosolids may necessitate more stringent quality requirements on wastewater discharges. In the event that more stringent quality requirements are necessary, this chapter may be amended to reflect such changes.

4. Committed to complying with all applicable federal and State laws including the Clean Water Act in 33 United States Code 1251 et seq. and the general pretreatment regulations described in 40 CFR 403.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)

This chapter may apply to users within the CSC and/or SOCWA service area and to users outside the CSC and/or SOCWA service area who, by wastewater discharge permit or other control mechanism, make use of CSC and/or SOCWA sewerage facilities.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)

If capacity in sewerage facilities as a whole Is not available, the CSC and/or SOCWA may restrict discharge of existing users until sufficient capacity can be made available. The CSC and/or SOCWA may refuse immediate service to new users where their proposed quality or quantity of wastewater is unacceptable to the available sewerage facilities.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)

A. .....The CSC and/or SOCWA may provide one copy of this chapter to each user that has received a wastewater discharge permit, upon request.

B. .....Users who are issued a wastewater discharge permit may make available to their employees copies of this chapter.

C. .....Users who are issued a wastewater discharge permit may make copies of it so as to make it available to all personnel at all times.

D. .....A notice may be permanently posted in prominent places advising employees to call the CSC and/or SOCWA in the event of an uncontrolled spill or discharge as soon as possible and to submit a report as required by this chapter. The notice shall provide for necessary Instruction and information, including, but not limited to:

1. CSC and SOCWA phone numbers.

2. Recording the time of the incident.

3. Name and location of user.

4. Type, concentration and volume of the discharge.

5. Corrective action taken.

6. Name of person reporting the incident.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)