Chapter 4.28 — DISCHARGE OF WASTE INTO SEWER SYSTEM

The purpose of this section is to establish standards and conditions, and to provide for fees, relating to the use of sanitary sewage facilities of Districts pursuant to section 4.24.010 of the San Mateo County Ordinance Code. It is further the purpose of this chapter to establish uniform requirements for discharges into the wastewater collection and treatment systems used jointly with other public agencies and entities. It is further the purpose of this chapter to enable the County to comply with and meet applicable laws, regulations, standards and conditions established by Federal and State law, or by agencies thereof in implementation of such law. The Board of Supervisors of the County of San Mateo hereby finds and declares that the health, safety and welfare of the people of the County require the enactment of the provisions of this chapter.

(Prior code § 4150.0; Ord. 2415, 02/25/77)

(a)

General. Words, phrases, or terms not specifically defined herein, and having a technical or specialized meaning shall be defined as set forth in 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 Federation.

References to waste constituents and characteristics shall have the meanings ascribed thereto in the aforesaid "Standard Methods for the Examination of Water and Wastewater", and measurements thereof shall be as set forth in said publication, or as established by federal or state regulatory agencies.

(b)

Specific Definitions. The following words or phrases wherever used in this chapter shall have the meanings respectively ascribed thereto as follows:

Authority. The authority or public entity which owns, operates and/or maintains a sewerage treatment facility to which a user discharges wastewater.

Building Sewer. A sewer conveying wastewater from the premises of a user to the sewerage facilities.

Beneficial Uses. Uses of the waters of the County or State which may, or do require protection against quality degradation thereof, including, but not necessarily limited to, waters used for domestic, municipal, agricultural, industrial, power generation, recreation, aesthetic enjoyment, or navigation purposes, or for the preservation and enhancement of fish, wildlife or other aquatic resources or reserves, and such other uses, both tangible or intangible, as are or may be specified by federal or state law as beneficial uses.

Board of Supervisors. The Board of Supervisors of the County.

Charge. A rental or other charge established pursuant to this chapter for services and facilities furnished by a District to any premises in connection with the operation of the sewerage facilities.

County. The County of San Mateo, a political subdivision of the State of California.

Compatible Pollutant. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, additional pollutants identified in a National Pollutant Discharge Elimination System, (NPDES) permit, and such other pollutants as may be designated by the County Engineer upon a finding by him that such pollutants are substantially treated and removed by the sewerage facilities.

Contamination. An impairment of the quality of the waters of the County or State by waste to a degree which creates a hazard to the public health. Contamination shall include any equivalent effect resulting from the disposal of wastewater whether or not waters of the County or State are affected thereby.

Director of Public Works. The Director of Public Works of the County, his duly authorized representative, or any other Person or Persons designated by written agreement by and between said Person or Persons and the County and/or Director of Public Works.

Holding Tank Waste. Any waste from sewage or waste disposal holding tanks such as are associated with vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.

Incompatible Pollutant. Any pollutant which is not a compatible pollutant.

Major Contributing Industry. Any wastewater contributor identified in the Standard Industrial Classification (SIC) Manual, prepared and published by the Executive Office of Management and Budget of the United States, classified within divisions, A, B, D, E, and I therein, the wastewater of which has any one or more of the following characteristics:

(1)

a discharge flow of 50,000 gallons or more per average work day (if seasonal, the average shall be based upon the seasonal discharge); (2) a flow or pollutant loading greater than five percent of the design capacity of the sewerage treatment facilities; (3) toxic pollutants in amounts defined in standards issued pursuant to section 307(a) of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500; 33 U.S.C. section 1151, et seq.); or (4) a significant impact (determined by the County Engineer), either individually or in combination with other contributing industries, on the sewerage facilities, or upon the quality of effluent from the sewerage facilities.

Mass Emission Rate. The weight of material discharged to the sewerage facilities during a specified time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular waste constituent or combination of constituents.

Person. Any individual, firm, company, partnership, association, private corporation, public corporation, or governmental entity, authority, or agency, and the officers, agents, or employees of such organizations.

Pollution. An alteration of the quality of the waters of the County or State by waste to a degree which unreasonably affects such waters for any beneficial use or affects facilities serving such beneficial use. The term pollution may also include contamination.

Premises. A parcel of land, or portion thereof, including any improvements thereon, which is directly or indirectly connected to the sewerage facilities for purposes of receiving, using, and paying for service, or other purposes of relating to the sewerage facilities, by an individual user. Each dwelling unit of a duplex, apartment, or any other Multi-Family residence shall be deemed a separate premise. Subject to the provisions of paragraph (b)(15), the Director of Public Works shall determine what constitutes a premise.

Reclaimed Water. Water which, as a result of treatment of waste, is suitable for direct beneficial use, or a restricted beneficial use, which would not otherwise occur but for such treatment.

Requirement of Law or, "other requirements of law", means any pertinent provision of the Federal Water Pollution Control Act as amended by the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500, 33 U.S.C. section 1151 et seq.), or of any statute, ordinance, rule, regulation, order, directive, or of the County or Authority's National Pollutant Discharge Elimination System (NPDES) permit, or any amendments thereto.

Sewerage Facilities. Any or all devices, facilities, equipment, improvements or systems owned or used by the County or the Authority in the collection, storage, treatment, recycling, reclamation, or disposal of wastes or wastewater, including interceptor sewers, outfall sewers, or lines, sewage collection systems, pumps, power plants, treatment plants, recycling or reclamation plants, and other equipment and appurtenances thereto; extensions, improvements, remodeling, modifications, additions or alterations thereof; chemicals, materials, or supplies used in connection therewith; or any other facilities, including land and improvements thereof, which are an integral part of the treatment process of the County or the Authority, or which are used for ultimate disposal of residues, effluent, or discharges, resulting from such treatment, or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of wastes or wastewater, including storm water runoff, industrial wastes, domestic wastes, or any combination thereof.

Unpolluted Water. Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the County or Authority for disposal to storm or natural drainages, or directly to surface waters.

User. Any Person who discharges, causes or permits the discharge of wastewater into the sewerage facilities.

User Classification. A classification of users based upon classifications set forth in the Standard Industrial Classification (SIC) Manual, 1972 edition, prepared and published by the Executive Office of Management and Budget of the United States.

Waste. Sewage and any and all waste substances, whether liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

Wastewater. Waste and water, whether treated or untreated, discharged into, or permitted to enter into the sewerage facilities.

Wastewater Constituents and Characteristics. The individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate, and such other parameters that serve to define, classify or measure the contents, quality, quantity, or strength of wastewater.

Waters of the County or State. Any water, whether surface, underground, and whether saline or non-saline, within the boundaries of the County, or within the boundaries of the County and flowing into, touching, or otherwise combined with waters outside the limits of the County but within the boundaries of the State.

Pass Through. The discharge of pollutants through the sewage facilities into navigable waters in quantities or concentrations which cause or significantly contribute to violation of Authority's NPDES permit.

Interference. An inhibition or disruption of the sewerage facilities, their treatment processes or operations, or their sludge processes, use or disposal which causes or significantly contributes to either a violation of the Authority's NPDES Permit or to the prevention of sewage sludge or disposed by the Authority in

accordance with applicable state and federal statutory provisions and regulations or permits issued thereunder.

(Prior code § 4151.1; Ord. 2415, 02/25/77; Ord. 2897, 06/12/84; Ord. 3308, 03/12/91)

No Person shall, and it shall be unlawful to discharge wastes into the sewerage facilities, which cause, threaten to cause, or are capable of causing, either alone or by interaction with other substances:

(a)

A fire or explosion;

(b)

Obstruction of flow in, or injury to, the sewerage facilities, or any portion thereof;

(c)

Danger to life or safety of Persons;

(d)

Conditions inhibiting or preventing the effective maintenance or operation of the sewerage facilities;

(e)

Strong or offensive odors, air pollution, or any noxious, toxic, or malodorous gas or substance, or gas- producing substances;

(f)

Interference with the wastewater treatment process, or overloading of the sewerage facilities, or excessive collection or treatment costs, or use of a disproportionate share of the capacity of the sewerage facilities;

(g)

Interference with any wastewater reclamation process, which does or may operate in conjunction with the sewerage facilities, or overloading, or a breakdown of such reclamation process, or excessive reclamation costs, or any product of the treatment process which renders such reclamation process impracticable or not feasible under normal operating conditions;

(h)

A detrimental environmental impact, or a nuisance wherever located, or a condition unacceptable to any public agency having regulatory jurisdiction over operation of the sewerage facilities;

(i)

Discoloration, or any other adverse condition in the quality of the effluent from the sewerage facilities such that receiving water quality requirements established by any statute, rule, regulation, ordinance, or Permit condition cannot be met by the County or the Authority;

(j)

Conditions at or near the sewerage facilities, or any portion thereof, which cause, or may cause, the County or Authority to be in violation of the requirements of law.

(k)

Pollutants introduced into the sewerage facilities which pass through or interfere with the operation or performance of the sewerage facilities.

(Prior code § 4151.2; Ord. 2415, 01/25/77; Ord. 2897, 06/12/84)

No Person shall, and it shall be unlawful to discharge, cause to be discharged, or Permit to be discharged, any stormwater, groundwater, rainwater, street drainage, sub-surface drainage, or yard drainage, either directly or indirectly into the sewerage facilities, unless a Permit therefor is issued by the Director of Public Works. The Director of Public Works may issue such Permit only upon a finding by him that no reasonable alternative method of disposal of such water is available.

(Prior code § 4151.3; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

No Person shall, and it shall be unlawful to, discharge, cause to be discharged, or Permit to be discharged any unpolluted water, including, but not limited to, cooling water, process water, or blow-down water from cooling towers or evaporative coolers, either directly or indirectly into the sewerage facilities, unless a Permit therefor is issued by the Director of Public Works.

(Prior code § 4151.4; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

No Person shall, and it shall be unlawful to, discharge, cause to be discharged, or Permit to be discharged waste from garbage grinders into the sewerage facilities, provided, however, that:

(a)

Wastes generated in preparation of food normally consumed on the premises may be so discharged; or

(b)

Such discharge is made pursuant to a Permit issued by the Director of Public Works.

Garbage grinders from which wastes are permitted under either subparagraph (a) or subparagraph (b), above, shall be of such design and capacity to shred wastes used therein such that all waste particles shall

be carried freely under normal flow conditions into and through the sewerage facilities.

(Prior code § 4151.5; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

No Person shall, and it shall be unlawful to, discharge, cause to be discharged, or Permit to be discharged any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewerage facilities other than wastes or wastewater through an approved building sewer; provided, however, that wastes or wastewater may be discharged into the sewerage facilities by means other than through an approved building sewer pursuant to a Permit therefor issued by the Director of Public Works.

(Prior code § 4151.6; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

No Person shall, and it shall be unlawful to, discharge, cause to be discharged, or Permit to be discharged any holding tank waste into the sewerage facilities; provided, however, that:

(a)

Such discharges may be made into facilities designed to receive such wastes and approved by the Director of Public Works; or

(b)

Such discharges may be made pursuant to a Permit issued therefor by the Director of Public Works. Unless otherwise provided by the Director of Public Works, a separate Permit shall be required for each separate holding tank waste discharge.

(Prior code § 4151.7; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

No Person shall, and it shall be unlawful to, discharge, cause to be discharged, or Permit to be discharged, any radioactive waste into the sewerage system, provided, however, that:

(a)

Persons authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials may discharge, cause to be discharged, or Permit to be discharged such wastes, provided that such wastes are discharged in strict conformance with current California radiation control regulations (California Administrative Code, title XVII, chapter 5, subchapter 4, Group 3, article 5), and Federal regulations and recommendations for safe disposal of such wastes; and

(b)

The Person so acting does so in compliance with all applicable rules and regulations of all other regulatory agencies.

(Prior code § 4151.8; Ord. 2415, 01/25/77)

No Person shall, and it shall be unlawful to, discharge, cause to be discharged, or Permit to be discharged any wastewater containing any of the following constituents in excess of the maximum allowable amounts respectively hereinafter established therefor:

Facilities Which Discharge ten thousand (10,000) Gallons Per Day and Above:

a)

No Person shall, and it shall be unlawful to discharge, cause to be discharged, or Permit to be discharged any wastewater:

(a)

The temperature of which is higher than 150° Fahrenheit (65° centigrade)

(b)

Containing more than 300 mg/1 of oil or grease of animal or vegetable origin;

(c)

Containing more than 100 mg/1 of oil or grease of mineral or petroleum origin;

(d)

Having a pH lower than 6.0 or having a corrosive property capable of causing damage or hazard to structures or equipment of the sewerage facilities, or any portion thereof;

(e)

Containing in excess of 0.02 mg/1 total identifiable chlorinated hydrocarbons, unless otherwise authorized by Permit issued pursuant to section 4.28.020 or section 4.28.200.

(f)

Containing in excess of 1.0 mg/1 phenolic compounds, unless otherwise authorized by Permit issued pursuant to section 4.28.190 or section 4.28.200.

(g)

Any sand, grit, straw, metal, glass, rags, feathers, paper, tar, plastic, wood, leaves, garden clippings, manure, dead animals, offal, or any other solid or viscous substance capable of causing obstruction to the flow in the sewerage facilities, or which in any way interferes with the proper operation of the sewerage facilities;

(h)

Any waste containing a toxic or poisonous substance not otherwise specifically prohibited in this chapter, in sufficient quantities to constitute a hazard to humans or animals, or to create a hazard in the sewerage facilities, or to injure or interfere with the operation thereof.

(i)

Any waste containing suspended solids, not otherwise specifically prohibited under the provisions of this chapter, the characteristics or quantity of which require unusual attention, treatment, or expense in handling or treating such material in the sewerage facilities, or any portion thereof.

(Prior code § 4151.10; Ord. 2415, 01/25/77)

Notwithstanding, the limitations upon the characteristics or quantity of wastewater discharged, caused to be discharged, or permitted to be discharged into the sewerage facilities pursuant to this chapter, the Director may, in connection with the issuance of permits pursuant to the provisions of this chapter,

establish additional or different specific limitations on wastewater strength upon a finding by the Director, with the concurrence of the Manager of the Authority, that:

(a)

The limitations set forth in this chapter may not be sufficient to protect the operation of the sewerage facilities, or any portion thereof, or the waste or wastewater proposed to be discharged constitutes a hazard to or an unreasonable burden upon, such operation, or otherwise causes or significantly contributes to violation of the Authority's NPDES Permit; or

(b)

The limitations set forth in this chapter may be unreasonably restrictive when applied to a specific industry; and imposing a less stringent limitation will not cause or contribute to violation of any state or federal requirement of law; or

(c)

Specific standards have been established by the state or federal government for a specific category of industrial user, which would supersede the limitations set forth in this chapter, with respect to such category.

(Prior code § 4151.11; Ord. 2415, 01/25/77; Ord. 2897, 06/12/84)

(a)

Applications for permits required or authorized pursuant to the provisions of this chapter shall be in writing in such form as the Director of Public Works shall require, and shall set forth the following:

(1)

The name and address of the applicant;

(2)

The location and description of the discharge proposed to be permitted;

(3)

A detailed description of any work to be performed, and materials and equipment to be used in carrying out the provisions of such permit; and

(4)

Such other information deemed necessary by the Director of Public Works to determine the effect upon the sewerage facilities of the proposed discharge or activities related thereto, or otherwise reasonably necessary to enable the Director of Public Works to carry out the provisions of this chapter, or any other requirements of law.

(b)

Permits required or authorized pursuant to the provisions of this chapter shall be subject to reasonable terms and conditions determined necessary or appropriate by the Director of Public Works in order to carry out the provisions of, and ensure compliance with, this chapter, or of any other requirements of law. No such Permit shall be issued until all applicable fees and charges established pursuant to this chapter have first been paid.

(Prior code § 4151.12; Ord. 2415, 01/25/77; Ord. 3301, 03/12/91; Ord. 3308, 03/12/91)

For the purposes of this chapter, unless otherwise provided pursuant to the provisions of this chapter, wastewater volumes shall be determined upon the basis of volumes of freshwater, including all sources of non-wastewater, used by, or furnished to, a user.

(Prior code § 4151.13; Ord. 2415, 01/25/77)

Upon application of a user, and upon a finding by the Director of Public Works that a significant portion of freshwater or non-wastewater, received by the user from any metered source does not flow into the sewerage facilities because of the principal activity of the user, or by reason of removal of wastewater by other means, the Director of Public Works may authorize determination of the volume of wastewater discharge to be made by an appropriate metering device. Upon such determination by the Director of Public Works, a metering device, of a type approved by the Director of Public Works, and at a location approved by the Director of Public Works, shall be installed at the user's expense. Such metering device shall measure either the amount of wastewater discharged into the sewerage facilities, or the amount of freshwater or non-wastewater diverted from the sewerage facilities. Upon installation, such meters shall be maintained and tested periodically for accuracy in accordance with requirements established by the Director of Public Works, all of which maintenance and testing shall be at the expense of the user.

(Prior code § 4151.14; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

In lieu of use of a metering device as specified in section 4.28.150, and upon a determination by the Director of Public Works that it would be unnecessary or impracticable to install, maintain, or operate such metering device, wastewater volume discharged by a user into the sewerage facilities may be based upon an estimate thereof determined by the Director of Public Works. The determination of such estimated wastewater volume shall be based upon such factors as the number of fixtures through which wastewater flows into the sewerage facilities from the user's premises, seating capacity of buildings or improvements upon the premises, the population equivalent associated with the premises, annual production of goods and services related to the premises, or other factors reasonably relating to water use, wastewater volume calculations, and/or diversions of wastewater flow from the sewerage facilities.

(Prior code § 4151.15; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Permission for calculation of wastewater volumes to be determined in accordance with the provisions of sections 4.28.150 or 4.28.160 shall only be granted by a Permit issued by the Director of Public Works, or as a provision of such other Permit as may be required or provided under this chapter. In the event such permission is granted pursuant to a separate permit, applications therefor shall be in writing in such form as the Director of Public Works shall require, and shall set forth the following:

(a)

The name and address of the applicant;

(b)

The location, or other description of the premises served by the sewerage facilities and for which such calculation is proposed to be made;

(c)

Reasons supporting use of a metering device or calculation of estimated volumes, as appropriate, and

(d)

Such data, statistics, or other information deemed necessary or appropriate by the Director of Public Works to enable him to make the finding or determination specified in sections 4.28.150 or 4.28.160 as appropriate.

Permits authorized pursuant to the provisions of this chapter shall be subject to reasonable terms and conditions determined necessary or appropriate by the Director of Public Works in order to carry out the provisions of, and ensure compliance with, this chapter, or other requirements of law. No such Permit shall be issued until all applicable fees and charges established pursuant to this chapter have first been paid.

(Prior code § 4151.16; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Upon a determination by the Director of Public Works that such information is necessary or appropriate for him reasonably to carry out the provisions of this chapter, he may require that any Person discharging, causing to be discharged, permitting to be discharged, or proposing to discharge wastewater into the sewerage facilities shall file a periodic discharge report, the cost of which shall be borne by such Person. Such report may include, but shall not necessarily be limited to, information relating to the nature of manufacturing, fabricating or other processes, fresh or non-wastewater volumes, wastewater volumes, rates of flow, mass emission rates, production quantities, hours of operation, number and classification of employees, or other information relating to the generation of waste, including wastewater constituents and characteristics, of the pertinent wastewater discharge. The Director of Public Works may also require that such reports include the chemical constituents and quantity of liquid or gaseous materials stored on the premises relating to such discharge, even though such materials are not normally discharged into, or become a part of the wastewater in, the sewerage facilities. Such reports shall be in addition to self- monitoring reports, information furnished in connection with wastewater discharge permits, or other

permits authorized under this chapter. The reports authorized and required under this section shall be filed with the County Engineer periodically and/or at such other times as the Director of Public Works may reasonably require.

(Prior code § 4151.17; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

No major Contributing Industry or other user discharging, or proposing to discharge wastewater having characteristics or quantities equivalent to that of a major contributing industry, shall, and it shall be unlawful for any such industry or user to, connect to, or discharge into, the sewerage facilities without first obtaining a wastewater discharge Permit therefor. No major contributing industry, or other user discharging, or proposing to discharge wastewater having characteristics or quantities equivalent to that of a major contributing industry, connected to the sewerage facilities upon the effective date of the ordinance enacting this chapter shall, and it shall be unlawful for any such industry or user to, discharge wastewater into the sewerage facilities on or after 90 days after such effective date without a wastewater discharge Permit therefor.

(Prior code § 4151.18; Ord. 2415, 01/25/77)

A wastewater discharge Permit may be issued by the Director of Public Works to any user, upon application therefor, who (1) requests that charges and fees established pursuant to this chapter be based upon an estimated volume of wastewater discharged, or to be discharged, into the sewerage system, or (2) who establishes to the satisfaction of the Director of Public Works that wastewater proposed to be discharged from such user's premises into the sewerage system has, or will have, wastewater strength characteristics less than the normal range for the user classification to which such user is assigned, by reason of pretreatment, process changes, or other reasons related to such wastewater characteristics.

(Prior code § 4151.19; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

(a)

Applications for permits required or authorized pursuant to the provisions of this chapter shall be in writing in such form as the Director of Public Works shall require, and shall set forth the following:

(1)

The name, address and standard industrial classification number of the applicant;

(2)

The volume of wastewater proposed to be discharged;

(3)

Wastewater constituents and characteristics including, but not limited to those categories thereof described in sections 4.28.100 and 4.28.110, the presence and amount of which shall be determined by a laboratory competent to test and describe such constituents and characteristics, and approved by the Director of Public Works;

(4)

The time and duration of the proposed wastewater discharge;

(5)

The average and thirty minute peak wastewater flow rates proposed to be discharged, including daily, monthly, and seasonal variations, if any;

(6)

Site plans, floor plans, mechanical and plumbing plans, in detail necessary or appropriate to show and to describe all sewers and appurtenances by size, location and elevation;

(7)

A description of the activities, facilities and plant processes conducted, or proposed to be conducted on the premises, including, but not necessarily limited to, all materials manufactured, fabricated, or processed, and the types of materials which are or could be discharged into the sewerage facilities;

(8)

The type and amount of each product produced, fabricated or manufactured on the premises, and the rate of production;

(9)

The number and classifications or other work categories, of employees, and the hours of work or operation on the premises;

(10)

Such other information deemed necessary by the Director of Public Works to determine the effect upon the sewerage facilities of the proposed discharge, or to determine the necessity for, or type of pretreatment, or Permit conditions, or other measures necessary or appropriate to enable the Director of Public Works to carry out the provisions of this chapter, or any other requirements of law.

(b)

Upon evaluation and approval of all pertinent data and information, the Director of Public Works shall issue a wastewater discharge permit, subject to terms and conditions required or authorized under the provisions of this chapter, and deemed necessary or appropriate by the Director of Public Works to carry out the purposes and intent of this chapter.

(Prior code § 4151.20; Ord. 2415, 01/25/77; Ord. 3301, 03/12/91; Ord. 3308, 03/12/91)

(a)

Wastewater discharge permits authorized under this chapter shall be subject to all provisions and requirements of this chapter, and to all other requirements of law.

(b)

Permits authorized under this chapter may include any or all of the following:

(1)

The unit charge or schedule of charges and fees for the service and use of the sewerage facilities to be paid by the permittee, and the terms and conditions of such payment;

(2)

The allowable average and maximum wastewater constituents and characteristics thereof permitted to be discharged into the sewerage facilities;

(3)

Limitations upon time and rate of wastewater discharge, or requirements for flow regulations and equalization thereof;

(4)

Requirements for the installation of inspection, sampling or testing facilities;

(5)

Pretreatment requirements;

(6)

Specifications for monitoring programs which may include, but shall not necessarily be limited to, sampling locations, frequency and method of sampling, number, types and standards for tests, and reporting schedule;

(7)

Requirements for submission of technical reports or wastewater discharge reports;

(8)

Requirements for maintaining plant records relating to the wastewater discharge as specified by the Director of Public Works, and providing for access of the Director of Public Works thereto;

(9)

The mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants are proposed to be discharged into, or are present in, the user's wastewater discharge; and

(10)

Such other conditions, requirements, or provisions deemed appropriate by the Director of Public Works to ensure compliance with the provisions of this chapter or other requirements of law.

(Prior code § 4151.21; Ord. 2415, 01/25/77; Ord. 3301, 03/12/91; Ord. 3308, 03/12/91)

Wastewater discharge permits authorized under this chapter shall be effective for the period described therein, but in any event, for no longer than five years. Such period described in such permits may be for a term less than a year, may be expressed in years, or may be stated to expire on a specific date.

Upon expiration of the specified term in each wastewater discharge permit, the term thereof shall be deemed renewed automatically for successive one-year periods, the first of which shall commence upon the day next following the last day of the term specified in such permit; provided, however, that in the event the Director of Public Works gives written notice to the permittee of the termination or expiration of such Permit not less than thirty (30) days prior to the expiration of the initial term thereof, or prior to the expiration of any successive one-year term thereof, then a new Permit shall be required subject to the provisions of this chapter.

Every Permit shall be subject to modification, amendment, or other change by the Director of Public Works during the term thereof, as determined necessary by the Director of Public Works in order to obtain compliance by the user with the requirements of this chapter, or other requirements of law. To the extent practicable, the Director of Public Works shall give written notice to a permittee of any proposed modifications, changes or amendments to the user's Permit not less than 30 days prior to the effective date of such change, modification or amendment. To the extent reasonably necessary or appropriate, the Director of Public Works may specify a reasonable time schedule for compliance with any new conditions, provisions, or requirements established by modification, change, or other amendment to a permit.

(Prior code § 4151.22; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Wastewater discharge permits shall be personal to each permittee, and shall relate only to the use or operation described therein.

No Person shall, and it shall be unlawful to assign, reassign, transfer, sell, lease, sublet, or otherwise transfer a wastewater discharge permit, or any interest therein, to any Person other than the permittee, or to use, cause to be used, or Permit to be used, such Permit in connection with a different premise, or a different operation than that specified in such permit, or with a new, expanded, or modified operation.

(Prior code § 4151.23; Ord. 2415, 01/25/77)

The Director of Public Works may require a user to construct, operate, and maintain, at the user's own expense, monitoring, sampling, or metering facilities or other equipment to allow inspection, sampling, and flow measurement of the user's building sewer, or internal drainage systems, or waste or wastewater discharges. Such monitoring, sampling, or metering facilities or equipment shall be located on the user's premises; provided, however, that the Director of Public Works may allow such equipment or facility to be constructed upon public property adjacent to the user's premises upon a determination by the Director of Public Works that location of such equipment or facilities upon the user's premises would be impracticable or cause unnecessary or undue hardship. In the event that the Director of Public Works makes the foregoing determination, and the public property upon which such facilities or equipment are proposed to be constructed or installed is outside the jurisdiction of the County, the user shall obtain permission for such installation or construction, and for the maintenance and operation of such facilities or equipment, from the governmental agency having jurisdiction over such public property.

Monitoring, sampling, or metering facilities or equipment to be provided, installed, maintained and operated pursuant to the provisions of this section shall be so situated and constructed and installed as to Permit safe and immediate access thereto by the Director of Public Works, provided, however, that the Director of Public Works may, at the option of the user, secure such equipment or facilities with a lock furnished by the Director of Public Works at the expense of the user. The user shall provide sufficient space, as determined by the Director of Public Works, at or near such equipment or facilities so as to allow ready and accurate monitoring, sampling, and compositing of samples for analysis. Such equipment and facilities, and the sampling and measuring equipment to be maintained and operated in connection therewith, shall be so maintained and operated at all times in a safe and proper condition, by and at the expense of the user.

Monitoring, sampling or metering equipment or facilities to be furnished pursuant to the provisions of this section shall be provided in accordance with all reasonable requirements of the Director of Public Works relating thereto, and all applicable construction standards and specifications of the County, or the governmental jurisdiction wherein such equipment or facilities are located. Installation and construction of such facilities or equipment shall be completed within 90 days following written notification requiring such installation or construction from the Director of Public Works; provided, however, that the Director of Public Works may, at his discretion, extend the time of performance of such installation or construction.

(Prior code § 4151.24; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

The Director of Public Works is hereby authorized to inspect the premises of any user at all reasonable times to ascertain whether the provisions of this chapter, or the provisions of any Permit issued pursuant to this chapter are being complied with. Owners or occupants of premises where wastewater is created, held or discharged shall allow the Director of Public Works ready access at all such reasonable times to all parts of the premises for the purposes of inspection, sampling, monitoring, or performing any or all of the duties reasonably necessary or appropriate in carrying out or enforcing the provisions of this chapter, or any Permit issued pursuant to this chapter. The Director of Public Works shall further have the right to install and use on the user's premises such devices as are reasonably necessary or appropriate to conduct sampling, metering, or monitoring operations or other of the aforesaid duties. In the event a user has established security measures requiring identification and clearance prior to entry onto such user's premises, the user shall furnish and provide such identification or clearance to the Director of Public Works

so as to Permit ready access of the Director of Public Works to the premises for the purposes described in this section.

(Prior code § 4151.25; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Pretreatment of wastes or wastewater shall be furnished by every user on the user's premises when such waste or wastewater, prior to pretreatment does not comply with the minimum acceptable requirements and criteria therefor for discharge into the sewerage facilities as set forth in sections 4.28.030 through

Such pretreatment facilities shall be provided and maintained at the user's

expense, and shall be of sufficient design and capacity to pretreat waste or wastewater discharged from the premises into the sewerage facilities to a level meeting such minimum requirements, and such other requirements established by the Director of Public Works and reasonably necessary or appropriate for the sewerage facilities to treat adequately such waste or wastewater under normal operating and treatment conditions.

Prior to the installation of such pretreatment facilities, plans and specifications therefor shall be submitted to the Director of Public Works, together with such data and descriptive material relating to the waste or wastewater prior to, and after such proposed pretreatment as the Director of Public Works may require, in order that the Director of Public Works may ascertain the wastewater constituents and characteristics and volume of the wastewater discharge after pretreatment. The user shall make such modifications, changes or amendments to said plans and specifications as the Director of Public Works may reasonably require in order that the provisions of this chapter, or any Permit issued, or to be issued pursuant to this chapter, shall be complied with. Upon approval of such plans and specifications by the Director of Public Works, the user may proceed with the construction thereof; provided, however, that such approval shall not be deemed to waive or modify any other requirement of this chapter, or of any Permit issued pursuant to this chapter, or of any other requirements of law.

Approval of plans and specifications of pretreatment facilities pursuant to this section shall not relieve the user from the responsibility of modifying such pretreatment facilities as necessary to produce effluent therefrom complying with all pertinent provisions of this chapter, or any Permit issued pursuant to this chapter, or any other requirements of law. Any proposed cessation of use, or alteration, modification or other change to approved pretreatment facilities or any portion thereof, or any change in method of operation thereof, shall be reported to the Director of Public Works prior to commencement thereof, and shall be subject to the approval of the Director of Public Works. Such approval may be withheld, granted, or granted subject to such terms, conditions, or requirements as the Director of Public Works may reasonably require in order to ensure compliance with the provisions of this chapter, or any Permit issued pursuant to the provisions of this chapter.

(Prior code § 4151.26; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Every user shall provide protective measures against accidental or unauthorized discharges of prohibited wastes, wastewater constituents or characteristics, or volumes into the sewerage facilities as set forth in sections 4.28.030 through 4.28.130 of this chapter, or as may be otherwise set forth in any Permit issued

pursuant to this chapter. Such measures shall consist of operational or other procedures and/or facilities as determined reasonably necessary or appropriate by the Director of Public Works. All costs of such measures shall be borne by the user.

The Director of Public Works may specify standard procedures and/or facilities for each classification of user, and, to the extent so specified, he is hereby authorized and directed to require the institution and use of such procedures, and the installation and construction of such facilities for each such classification. Alternatively, the Director of Public Works may require any user to propose such procedures and/or facilities, which proposals shall be submitted to the Director of Public Works for review, with such supporting plans, specifications, data, explanations, or other matters as may reasonably be required by the Director of Public Works in order to ascertain the effectiveness of the procedures and/or facilities proposed. The Director of Public Works may require such revisions, amendments, modifications, or other changes to such proposals, or approve, or reject the same, as the Director of Public Works deems reasonably necessary or appropriate in order that such proposals ensure protection against accidental or unauthorized discharge.

(Prior code § 4151.27; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

All information and data furnished by, or regarding the operations of, a user obtained from reports, questionnaires, Permit applications, permits, monitoring programs, inspections, or from other sources provided or required under the provisions of this chapter shall be available to the public or other governmental agencies without restriction unless the user requests in writing that such information be maintained confidential, and establishes to the satisfaction of the Director of Public Works that the disclosure of the information to other Persons would result in unfair competitive disadvantage to the user; provided, however, that in no event shall wastewater constituents, characteristics, or volumes be deemed confidential information.

Notwithstanding the foregoing, information approved by the Director of Public Works as confidential shall be available for use by the County, the Authority, the State, the Federal Government, or any agency of said entities, in connection with enforcement proceedings, or any judicial proceedings to which the user is a party. Subject to the foregoing, information accepted by the Director of Public Works as confidential shall not be transmitted to any governmental agency, or to the general public by the Director of Public Works until and unless prior written notification is given to the user.

(Prior code § 4151.28; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

The provisions of this chapter shall not be deemed a limitation upon the County or Authority to enter into agreements, and to recover costs relating thereto, with any user relating to treatment, pretreatment, or other matters in furtherance of the provisions of this chapter and the purposes thereof, and not inconsistent therewith, when unique, unusual, or extraordinary circumstances require such special agreements; provided, however, that no such agreement shall authorize an extension of the final dates for compliance with required federal standards nor waive such standards.

(Prior code § 4151.29; Ord. 2415, 01/25/77; Ord. 2897, 06/12/84)

For the purpose of imposing the charges and fees authorized in sections 4.28.310 through 4.28.330, the County of San Mateo, by resolution, shall establish user classifications based upon standard limitations upon wastewater characteristics, constituents and volumes uniformly applicable to users within each such classification, and shall establish terms and conditions for payment and collection of such charges and fees.

(Prior code § 4151.30; Ord. 2415, 01/25/77)

The County of San Mateo shall, by resolution, establish a schedule of charges to be imposed and levied upon all premises, based upon user classifications, for the use of the sewerage facilities and services furnished to said premises, in such amount as will provide for each user to pay his proportionate share of the costs of operation and maintenance (including replacement) of the sewerage facilities. Additionally, such charges shall provide for the payment to the County by industrial users of the sewerage facilities of that portion, if any, of the treatment works of Authority which is allocable to the treatment of such industrial user's wastes. The charges herein authorized shall be in such amounts and payable upon such terms and conditions as equitably provide for the recovery of the aforesaid costs, and in accordance with the requirements of law.

(Prior code § 4151.31; Ord. 2415, 01/25/77)

The County of San Mateo shall, by resolution, establish a schedule of fees to be imposed upon and collected from applicants or users to defray the costs of processing and issuing the following permits performing the following services:

(a)

Storm water or groundwater drainage connection Permit (section 4.28.040).

(b)

Unpolluted water Permit (section 4.28.050).

(c)

Garbage grinder Permit (section 4.28.060(b)).

(d)

Direct discharge Permit (section 4.28.070).

(e)

Holding tank waste Permit (section 4.28.080).

(f)

Determination and approval of use of metered wastewater volumes, and metered volume Permit (sections

(g)

Determination and approval of use of estimated wastewater volumes, and estimated volume Permit (sections 4.28.160 and 4.28.170).

(h)

Mandatory wastewater discharge Permit (sections 4.28.090 and 4.28.210).

(i)

Optional wastewater discharge Permit (sections 4.28.200 and 4.28.210).

(j)

Review of proposals for protections against accidental discharges (section 4.28.280).

(k)

Inspection, Monitoring and Sampling (sections 4.28.250 and 4.28.260).

(l)

Such other services expressly or reasonably required to be performed pursuant to this chapter and specified in the resolution establishing the fees herein authorized.

(Prior code § 4151.32; Ord. 2415, 01/25/77; Ord. 2897, 06/12/84)

The responsibility for enforcement of the provisions of this chapter shall be vested in the Director of Public Works.

(Prior code § 4151.33; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

(a)

Notification. Every user shall notify the Director of Public Works immediately upon discharging wastes or wastewater in violation of the provisions of this chapter, or any Permit issued pursuant to this chapter. A user who discharges, causes to be discharged, or permits to be discharged such wastes or wastewater shall, within 15 days of the occurrence thereof, submit a written report to the Director of Public Works describing the cause or causes of such unauthorized discharge, and measures taken, or proposed to be

taken, to prevent future similar occurrences. Such report shall not relieve any user of liability for any expense, loss, or damage suffered or incurred by the County or the Authority, directly or indirectly, by reason of such unauthorized discharge, such report shall not relieve or absolve any Person from civil liabilities, or imposition of civil or criminal penalties in any manner whatsoever; provided, however, that no information provided by or received in any report shall be used in any criminal proceeding against the user making any such report.

(b)

Notice to Employees. Every nondomestic user, every user issued a mandatory wastewater discharge Permit pursuant to section 4.28.190, and every user issued an optional wastewater discharge Permit pursuant to section 4.28.200, shall prominently post a notice on the user's premises advising of the requirement to notify the Director of Public Works of any unauthorized discharge, including the telephone number of the Director of Public Works, to be called in the event of such discharge. The Director of Public Works may require any user to inform and advise his officers, agents and employees of any particular provisions of this chapter, any Permit issued pursuant to this chapter, or other requirements of law, or of any other information which may be of assistance in ensuring compliance with said chapter, permit, or other requirements of law.

(Prior code § 4151.34; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Upon a determination by the Director of Public Works that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur, in violation of any provision of this chapter, or of any provision of any Permit issued pursuant to this chapter, the Director of Public Works may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge, and further order such Person to:

(a)

Comply forthwith with the provisions of this chapter, or the provisions of any Permit issued pursuant to this chapter;

(b)

Comply in accordance with a time schedule established by the Director of Public Works; and/or

(c)

Take appropriate remedial or preventative action.

(Prior code § 4151.35; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Upon a determination by the Director of Public Works that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur in violation of the provisions of this chapter, or in violation of any provision of a Permit issued pursuant to this chapter, the Director of Public Works may require the

Person or user having so discharged, or discharging, or about to discharge, to submit for approval, subject to such modifications, terms and conditions as the Director of Public Works reasonably deems necessary or appropriate, a detailed time schedule of specific actions which the Person or user shall take in order to eliminate or prevent such violation or violations.

(Prior code § 4151.36; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

In the event any Person fails to comply with any order and/or request of the Director of Public Works made pursuant to section 4.28.360 or 4.28.370, the Director of Public Works is authorized to request the County Counsel to take whatever action is necessary to obtain full compliance with the order and/or request of the Director of Public Works.

(Prior code § 4151.37; Ord. 2415, 01/25/77; Ord. 3214, 04/24/90; Ord. 3308, 03/12/91)

Subject to the provisions of this section, the County may terminate sanitary sewerage services to any premises from which wastes or wastewater have been discharged, are being discharged, or are threatened to be discharged in violation of any provision of this chapter, or of any Permit issued pursuant to this chapter, or of any other requirement of law. Notification of intention to terminate service shall be given by the Director of Public Works to the user or Person found by the Director of Public Works to be in violation of said provision or requirement, which notice shall state the time, date and place a hearing shall be held by the Director of Public Works upon the question of termination, which date shall be not less than 10 days after giving such notice. If the Person so found to be in violation is not the owner or occupant of the premises, such notice shall also be given to said occupant, and in all cases shall be given by mail to the owner of the premises at the address shown therefor on the last equalized assessment roll in the office of the County Assessor.

Any owner of the premises, the user, or the Person determined to be in violation of the provisions of this chapter, and such other Persons as the Director of Public Works may deem appropriate, shall be heard at the hearing on the question of termination of service. If, upon completion of the hearing, the Director of Public Works finds that no violation of the provisions of this chapter, or of any other requirement of law, has occurred, the Director of Public Works shall order that service shall not be terminated to the premises. If, upon completion of the hearing, the Director of Public Works determines that such a violation has occurred, or is occurring, or is about to occur, the Director of Public Works may order that service shall be terminated, or may order that service shall be terminated within a specified period of time unless such violation, or the conditions or activities threatening such violation, cease forthwith, or within the specified period of time, or the Director of Public Works may make such other order as it deems appropriate under the circumstances and in furtherance of the purposes and intent of this chapter.

(Prior code § 4151.38; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Subject to the provisions of this section, the Director of Public Works may revoke any Permit issued pursuant to the provisions of this chapter upon a determination by him that:

(a)

The permittee has failed to report factually the wastewater constituents, characteristics, or volume of the permitted wastewater discharge;

(b)

The permittee has failed to report significant or substantial changes in the operations conducted upon the premises to which the Permit pertains, or significant or substantial changes in wastewater constituents, characteristics, or volumes pertaining to said premises; or

(c)

The permittee has refused, or failed to permit, reasonable access to the premises to which the Permit pertains; or

(d)

The permittee has violated, caused to be violated, or permitted to be violated, any term, condition, or provision of the permit.

Notification of intention to revoke any Permit issued pursuant to this chapter shall be given by the Director of Public Works to the user, which notice shall state the time, date and place a hearing shall be held by the Director of Public Works upon the question of Permit revocation, which date shall be not less than ten (10) days after giving such notice. If the user is not the owner or occupant of the premises, such notice shall also be given to said occupant, and in all cases shall be given by mail to the owner of the premises at the address shown therefor on the last equalized assessment roll in the office of the County Assessor. Any owner of the premises, the user, and such other Persons as the Director of Public Works may deem appropriate shall be heard at the hearing on the question of Permit revocation.

(Prior code § 4151.39; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

It shall be unlawful for any Person knowingly to make any false statement, representation, record, report, plan or other document filed with the Director of Public Works pursuant to the provisions of this chapter, or of any Permit issued pursuant to this chapter, or who knowingly tampers with or otherwise renders inaccurate any monitoring device or equipment installed and operated pursuant to the provisions of this chapter, or of any Permit issued pursuant to this chapter.

(Prior code § 4151.40; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Any discharge, or threatened discharge, or any condition which is in any manner in violation of the provisions of this chapter, or of any Permit issued pursuant to this chapter, or of any order or directive of the Director of Public Works authorized by this chapter, shall be, and the same is hereby declared to be unlawful and a public nuisance. Such nuisance may be abated, removed, or enjoined, and damages assessed therefor, in any manner provided by law.

(Prior code § 4151.41; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)

Any Person violating, or causing the violation, of any provision of this chapter, or of any Permit issued pursuant to this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than Five Hundred and No/100 Dollars ($500.00), or by imprisonment in the County Jail for a term not exceeding six months, or by both such fine and imprisonment. Every day such violation shall continue shall constitute a separate offense.

(Prior code § 4151.42; Ord. 2415, 01/25/77)

The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any or all other remedies available to the County.

(Prior code § 4151.43; Ord. 2415, 01/25/77)

(a)

Any user, permittee, applicant, or other Person aggrieved by any decision, action, finding, determination, order, or directive of the Director of Public Works, made or authorized pursuant to the provisions of this chapter, or any Permit issued pursuant to this chapter, or interpreting or implementing the same, may file a written request with the Director of Public Works for reconsideration thereof within 10 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 of Public Works shall render a final decision within ten (10) days of the receipt of such request for reconsideration.

(b)

Any user, permittee, applicant, or other Person aggrieved by the final determination of the Director of Public Works may appeal such determination to the Board of Supervisors within ten (10) days of notification by the Director of Public Works of his final determination. Written notification of such appeal shall be filed with the County Clerk within ten (10) days after notification of the final determination of the Director of Public Works, and shall set forth in detail the facts and reasons supporting the appeal. Hearing on the appeal shall be heard by the Board of Supervisors within thirty (30) days from the date of filing the Notice of Appeal. The appellant, the County Engineer, and such other Persons as the Board of Supervisors may deem appropriate, shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the Board of Supervisors may affirm, reverse or modify the final determination of the Director of Public Works as the Board of Supervisors deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal, the final determination of the Director of Public Works shall remain in full force and effect. The Board of Supervisor's determination on the appeal shall be final.

(Prior code § 4151.44; Ord. 2415, 01/25/77; Ord. 3308, 03/12/91)