San Clemente Municipal Code Art. IV Administration

A. .....The CSC may implement pretreatment and source control programs in accordance with federal, state, CSC and SOCWA regulations, the provisions of this chapter, and any interjurisdictional agreements to which the CSC is signatory.

B. .....If the CSC desires to perform its own pretreatment and source control program, it shall do so pursuant to the interjurisdictional agreement with SOCWA, under the oversight of SOCWA.

C. .....The CSC when operating its own pretreatment and source control program shall keep SOCWA appraised of all activities on a regular and consistent basis. This may be accomplished by, but limited to, correspondence, meetings and submittal of periodic reports.

D. .....The CSC shall have the authority to use fees and charges provided for on this chapter when a user is in noncompliance.

E. .....The CSC shall provide SOCWA any and all information and submittals by users for review and central filing.

F. .....The CSC which may operate its own sewerage facilities, shall coordinate with SOCWA the establishment of technically based local limits. These limits shall be established in accordance with the requirements of this chapter. These limits are to ensure that any user's effluent that is discharged to sewerage facilities does not cause, but is not limited to, any of the following:

1. Upset, pass through or interference of the biological treatment process;

2. Upset, pass through or interference of the sludge digestion process;

3. Reclaimed of recycled water or generated biosolids to be unable to meet regulatory standards for beneficial reuse or unlimited distribution as defined by regulatory agencies;

4. Violation of any CSC or SOCWA NPDES permit limitations;

5. Pass-through or interference causing the CSC or SOCWA to violate any discharge limits of the SOCWA ocean outfalls.

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

A. .....SOCWA has the authority to implement pretreatment and source control programs in accordance with federal and state regulations, the provisions of this chapter, SOCWA's pretreatment and source control program ordinance and the interjurisdictional agreement between SOCWA and the CSC.

B. .....SOCWA has the authority to approve all forms used in the pretreatment and source control programs.

C. .....SOCWA has the authority to, at any time, assume administration and enforcement of the provisions of this chapter within the service area of the CSC.

D. .....SOCWA has the authority to locate and terminate any noncompliant discharge that is not discontinued, upon notification that a noncompliant discharge is occurring.

E. .....SOCWA has the authority to review all applications, wastewater discharge permits, or other control mechanism and any enforcement actions that have been taken.

F. .....SOCWA has the authority to review all regulations in this chapter pertaining to pretreatment and source control programs before adoption or implementation by the CSC.

G. .....The CSC, when performing its own pretreatment and source control program, shall be subject to audit by SOCWA.

H. .....SOCWA shall oversee the establishment of technically based local limits for the CSC. A review of the local limits may be conducted every five years or in conjunction with the renewal of SOCWA's NPDES Permits.

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

A. .....The CSC has first priority to enforce the regulations contained within this chapter in accordance with, but not limited to, the following:

1. The CSC, when performing its own program, shall inform SOCWA of all program activity.

2. The CSC, when performing its own program, shall conduct routine sampling of permitted users for constituents the industry must sample and analyze for as part of their self-monitoring program, and inform SOCWA of such activity.

3. SOCWA shall conduct the pretreatment and source control program for the CSC unless otherwise directed by the interjurisdictional agreement with the City.

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

All applications for wastewater discharge permits may be reviewed by the CSC and SOCWA.

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

A. .....All proposed WD permits may be reviewed by the CSC and SOCWA before being issued to the user.

B. .....All issued WD permits shall be signed, identified and/or numbered by the CSC or SOCWA.

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

A. .....SOCWA shall be notified by the CSC when inspecting, monitoring, or enforcement activities will or have already occurred. This may be done by, but not limited to, the following:

1. Phone contact or correspondence.

2. Submittal of written schedule reports or status reports.

B. .....Emergency enforcement actions by the CSC shall be reported to SOCWA by phone within 24 hours during weekdays and within 72 hours during weekends, and by written report within five days of following notice to the user.

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

A. .....The CSC may establish a schedule of wastewater discharge permit application fees, annual fees, sample analysis charges, and any other fees or charges required to recover reasonable costs of implementing a pretreatment and source control program.

B. .....Costs incurred by the CSC, including those costs incurred by SOCWA and paid by the CSC for oversight or pretreatment and source control activity, may be collected through invoicing directly to the industrial user, among other means.

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

A. .....The CSC shall have first priority to handle appeals in accordance with the provisions of this chapter.

1. Appeals on staff action shall be directed to the City Manager.

2. Appeals on the City Manager action shall be directed to the City Council.

3. Actions by the City Council shall be final.

B. .....SOCWA shall have the authority to handle appeals where the CSC has no jurisdiction, or fails to enforce against a user in accordance with the provision of this chapter or the interjurisdictional agreements.

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