San Clemente Municipal Code Art. V General Discharge Prohibitions and Limitations

A. .....These prohibitions apply to all users of sewerage facilities whether or not they are subject to categorical pretreatment standards or any other national, State or local pretreatment standard or requirement.

B. .....No user shall discharge directly or indirectly a quality or quantity of wastes, solids, viscous substances, wastewater or pollutants to sewerage facilities, which cause or will cause, either alone or by interaction with other substances:

1. A fire or explosion hazard based upon a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade) using the test method specified in 40 CFR 261.21.

2. Corrosive or physical structural damage to sewerage facilities.

3. Obstruction of flow.

4. Pass through or interference.

5. Inhibition of biological activity.

6. Danger to life and/or safety of any person.

7. Impairment of the effective maintenance or operation of any sewerage facility.

8. The presence of toxic gases, vapors or fumes, or poisonous, noxious or malodorous gas producing substances that may cause acute worker health and safety problems.

9. Any product of any sewerage facility including, but not limited to, the final effluent, biosolids, residue, sludge, or scum to be unsuitable for reclamation, reuse, or disposal.

10. Discoloration or any other condition which affects the quality of the final effluent in such a manner that discharge requirements established by regulatory agencies cannot be met.

11. Conditions which violate any statute, rule, regulation, or ordinance of any public agency or regulatory agency having jurisdiction over the discharge of wastewater through sewerage facilities.

12. The discharge of petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, which cause interference or pass through.

13. The final effluent to fail a toxicity test.

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

Except where expressly authorized to do so by an applicable standard, no user shall discharge directly or indirectly to sewerage facilities an increase in the use of water to attempt to dilute a waste being discharge, as a partial or complete substitute for treatment to achieve compliance with this chapter, a wastewater discharge permit, other control mechanism or to establish an artificially high flow rate for mass emission rates.

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

No user shall discharge directly or indirectly to sewerage facilities a biohazardous waste without rendering it nonbiohazardous prior to discharge if the biohazardous waste is deemed to pose a threat to public health and safety or will result in any violation of applicable waste discharge requirements.

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

No user shall discharge directly or indirectly sewerage facilities, any substance that is defined as a toxic or hazardous waste by regulatory agencies, except those wastes which meet the requirements of 40 CFR 403.

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

No user shall discharge directly or indirectly to sewerage facilities any radiological, chemical, or biological warfare agent.

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

A. .....Any spent solutions, sludges, and/or other wastes generated by the user that are a hazardous waste and not treated on site shall be hauled by a registered hazardous waste transporter. The user shall complete and maintain a hazardous waste manifest that documents the removal and transport of the waste.

B. .....All hazardous waste manifests shall be retained for a minimum of three years and shall be made available to the CSC upon request. The CSC may require a longer period of retention if litigation is being considered.

C. .....No user shall batch dump to sewerage facilities without written approval from the CSC.

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

A. .....Wastes from industrial users' grinders shall not be discharged into a sewerage facility, except as approved by the CSC on a case-by-case basis.

B. .....A food service establishment as defined in Chapter 13.30 of the Municipal Code of the CSC shall not install a new food grinder (garbage disposal) or operate an existing food grinder.

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

No user shall discharge or cause to be discharged directly or indirectly into sewerage facilities any rainwater, stormwater, or street drainage that exceeds the first one-tenth of an inch of precipitation from any storm event.

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

A. .....Groundwater and subsurface drainage shall not be discharged directly or indirectly to sewerage facilities except as provided in this chapter.

B. .....The CSC may approve the discharge of such water, by wastewater discharge permit or other control mechanism only, when no alternate method of disposal is reasonably available or to mitigate an environmental risk or health hazard.

C. .....The discharge of groundwater and subsurface drainage water shall require the following:

1. A Class IV Special Wastewater Discharge Permit or other control mechanism issued by the CSC, and

2. Documentation from the user or user's consultant that all other alternate methods of disposal have been exhausted, and

3. User shall pay all applicable fees and charges and shall meet any other conditions as required by the CSC.

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

A. .....No user shall discharge trucked or hauled wastes directly or indirectly to sewerage facilities without written approval from the CSC and SOCWA. Written approval may be in the form of an individual special wastewater discharge permit or other control mechanism.

B. .....No user shall transport waste from one location to another for the purpose of treating or discharging it directly or indirectly to sewerage facilities without written approval from the CSC and SOCWA. Written approval may be in the form of an individual special wastewater discharge permit or other control mechanism.

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

No user shall discharge any wastewater directly or indirectly into a manhole or other opening in a sewerage facility other than through an approved building sewer, unless approved in writing by the CSC.

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

A. .....No user shall discharge directly or indirectly to sewerage facilities any radioactive waste except as provided herein:

1. When the user is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials, and

2. When the waste is discharged in strict conformity with current California Radiation Control Regulations (Cal. Adm. Code Title 17) for safe disposal, and

3. When the user is in compliance with all other rules and regulations of all other applicable regulatory agencies.

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

A. .....Unpolluted water such as deionized, steam waste, distilled, single pass cooling water in excess of laboratory usage, blow-down or bleed water from cooling towers, other evaporating coolers, or commercial pool water drainage shall not be discharged directly or indirectly to sewerage facilities except as provided herein.

B. .....The CSC may approve the discharge of such water when no alternate method of disposal or reuse is reasonably available or there is need to mediate an environmental risk or health hazard.

C. .....The discharge of such water shall require the following:

1. A Class IV Special Wastewater Discharge Permit or other control mechanism, and

2. Documentation from the user or user's consultant that all other alternate methods of disposal have been exhausted, and

3. User shall pay all applicable fees and charges and shall meet any other conditions as required by the CSC.

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

A. .....No user shall discharge wastewater directly or indirectly to sewerage facilities with the following strengths and characteristics:

1. Having a temperature higher than 140 degrees Fahrenheit (60 degrees Centigrade) or which causes the temperature at the influent to a wastewater treatment plant to exceed 104 degrees Fahrenheit (40 degrees Centigrade);

2. Containing substances that may precipitate, solidify, or become viscous at temperatures between fifty (50) degrees Fahrenheit (ten (10) degrees Centigrade) and 104 degrees Fahrenheit (40 degrees Centigrade).

3. Containing materials which will readily settle or cause an obstruction to flow in sewerage facilities or be detrimental to the proper operation of a sewerage facility. These materials may include, but are not limited to, asphalt, concrete, dead animals, offal ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, bones, hair, coffee grounds, egg shells, flashings, diatomaceous earth, seafood shells, and paper products not intended for use in sewerage facilities.

4. Producing a gaseous mixture that is ten percent or greater of the lower explosive limit (LEL). Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, ketones, and alcohols.

5. Having a pH less than 5.0 or greater than 11.0.

6. Containing recognizable portions of human or animal anatomy.

7. Containing excessive flow, constituents or other materials, including, but not limited to, biological oxygen demand, chemical oxygen demand, total organic carbon, toxic pollutants, suspended solids, grease and oil of animal or vegetable origin total dissolved solids, detergents, surface active agents, phenolic compounds or other substances that are released in a discharge at a flow rate and/or concentration which will cause problems, pass through or interference with sewerage facilities.

8. Containing PCBs, in excess of 0.01 mg/L as a daily maximum.

9. Containing pesticides in excess of 0.01 mg/L as a daily maximum.

10. Violation of any applicable national pretreatment standards, state standards, or other local regulations covering wastewater disposal.

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

A. .....Mass emission limits for compatible and noncompatible wastes that are present or anticipated in the user's wastewater discharge may be set for each user and made an applicable part of each user's wastewater discharge permit or other control mechanism. These limits shall be based on Table I, local limits or national pretreatment standards and the user's average dally wastewater discharge for the past three years, the most recent representative data, or other data acceptable by the CSC.

B. .....To verify the user's operating data, the user may be required to submit an inventory of all wastewater streams and production data.

C. .....The CSC may revise local limit concentration limits or mass emission limits previously established in the user's wastewater discharge permit or other control mechanism at any time, based on current and/or anticipated operating data, the ability to meet NPDES Limits, and/or changes in the requirements of regulatory agencies.

D. .....The increased use of water to establish an artificially high flow rate data base for mass emission limit determinations is prohibited.

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

A. .....The CSC in coordination with SOCWA is authorized to establish local limits pursuant to 40 CFR 403.

B. .....No user shall discharge directly or indirectly a quality or quantity of wastes or wastewater containing toxic pollutants, noncompatible or compatible wastes in excess of Table I, Specific Local Limits. All local limits for the metal pollutants are for total amount analyzed, unless indicated otherwise.

Table I Specific Local Limits

C. .....Local limits are subject to more stringent standards as established by national pretreatment standards. Local limits are deemed to be pretreatment standards for the purposes of Section 307(d) of the Act, and are enforceable under Section 309 of the Act, potentially subjecting an industrial user to a penalty of $25,000.00 per day for each violation.

D. .....The CSC may place more stringent standards within any wastewater discharge permit or other control mechanism issued to a user at any time, based on current and/or anticipated operating conditions presented in the wastewater discharge permit application, the ability to meet NPDES limits, and/or changes in the requirements of regulatory agencies. The CSC may allow the user a resalable amount of time to comply with revised conditions.

E. .....The CSC may develop Best Management Practices (BMP's) for use in any wastewater discharge permit or other control mechanism to implement local limits and the requirements contained in this chapter.

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

Upon the adoption of any state requirements on user discharges that are more stringent than federal requirements or the limitations contained in this chapter, such state standard shall then immediately supersede the less restrictive federal standard and the similar limitations of this chapter.

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

A. .....Upon adoption of a national pretreatment standard more stringent than those contained in this chapter, the federal standard shall immediately supersede the limitations listed in this chapter and the affected significant industrial user shall be notified of the new standards and applicable reporting requirements.

B. .....The significant industrial user shall comply with the national pretreatment standard within the time provided in the federal regulations that establish such standards even if their wastewater discharge permit has not yet been modified to incorporate the new requirements or standards.

C. .....The significant industrial user shall comply with any applicable requirements under sections 204(b) and 405 of the Act and Subtitles C and D of the RCRA.

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