Santa Barbara County Municipal Code § 29-25 Definitions

The purpose of this article is to prevent waste discharge from adversely affecting the district's sewer system, the operation of the district's treatment facilities or the quality of the effluent from the district's treatment plant, through regulations and control of the quality of wastes received by the district's sewer system.

(Ord. No. 2707, § 1)

This article is adopted pursuant to provisions of section 4700 et seq. of the state Health and Safety Code.

(Ord. No. 2707, § 2)

The manager of the Laguna County Sanitation District shall administer and implement the provisions of this article. Any powers granted to or duties imposed upon the manager may be delegated by him to persons acting in the beneficial interest of or in the employ of the district. The manager may issue such rules and regulations as are necessary for the proper and ordinary administration of this article.

(Ord. No. 2707, § 3; Ord. No. 4074, § 2)

(a) Pursuant to Section 4766 of the Health and Safety Code, a violation of a regulation or ordinance of the district shall be a misdemeanor, punishable by fine not to exceed one thousand dollars, imprisonment not to exceed thirty days, or both. Each day of violation shall be a separate offense.

(b) Any person responsible for violating any provision of this or any other ordinance of the district shall be held strictly responsible for any and all acts of agents or employees done under the provision of this or any other ordinance, rule, or regulations of the district.

(c) Pursuant to Section 54739 of the Government Code, any violation of any industrial waste discharge or pretreatment requirement related to the district's collection system and treatment works may be subject to the imposition of civil liabilities pursuant to Section 54740 of the Government Code or administrative complaints and penalties pursuant to Section 54740.5 of the Government Code, including but is not limited to violating the following standards and requirements, as may be amended, superseded, or replaced from time to time: the discharge limits and appropriate protective facilities requirements for fats, oils, and grease in food service establishments pursuant to the district's Ordinance No. 4867 (adopted Sept. 17, 2013) and/or as set forth in this chapter; all other prohibited discharges or pretreatment requirements identified in this chapter; the State Water Resource Control Board's Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order No. 2006-0003 and district's associated Sewer System Management Plan; the Central Coast Region Regional Water Quality Control Board's Waste Discharge Requirements and Master Recycling Permit for the district, Order No. R3-2011-0217; and any other relevant or related discharge or pretreatment requirements set forth in federal, state, or local rules, regulations, or laws.

The district may issue an administrative complaint and impose civil penalties, as follows:

(1) An administrative complaint will be served on the person subject to the discharge or pretreatment requirement either personally or by certified mail.

(2) The administrative complaint will identify the following: (1) the act or failure to act that constitutes a violation of the local agency's requirements; (2) the provisions of law authorizing civil liability to be imposed; (3) the proposed civil penalty; (4) that a hearing will be conducted within sixty days of serving the complaint; and (5) that a right to a hearing may be waived.

(3) Unless waived, a hearing will be conducted before the manager, serving as the hearing officer for the district, within sixty days of serving the complaint on the person. The person may appeal the manager's decision to the district's board within thirty days of the notice of the manager's decision.

(4) At the hearing (or appeal), the manager (or board) may assess a civil penalty against the person based on all relevant circumstances including the following:

(i) The economic benefit derived through non-compliance;

(ii) The nature and persistence of the violation;

(iii) The length of time over which the violation occurred; and

(iv) Corrective action taken or attempted by the person

(5) Civil penalties may be imposed by the district, as follows:

(i) Not to exceed two thousand dollars for each day for failing or refusing to furnish technical or monitoring reports.

(ii) Not to exceed three thousand dollars for each day for failing or refusing to timely comply with any compliance schedule established by the district.

(iii) Not to exceed five thousand dollars per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the district.

(iv) Not to exceed ten dollars per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the district.

(v) The amount of any civil penalties imposed under this subsection which have remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for ten years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

(vi) Monies collected will be placed in a special account for monitoring, treatment, and control of discharges or other mitigation measures.

(6) Unless appealed, an order setting administrative civil penalties will be effective and final upon issuance, and payment shall be made within thirty days thereof. Copies will be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy.

(7) The district may petition the superior court to confirm any order establishing civil penalties, and an aggrieved party may obtain review in superior court pursuant to Government Code Section 54740.6.

(d) Pursuant to Section 53069.4 of the Government Code, any violation of any ordinance enacted by the district may be subject to an administrative fine or penalty. Any person found to be violating any provision of this or any other ordinance, rule or regulation of the district is subject to the procedures provided for in chapter 24A of the Santa Barbara County Code, as may be amended from time to time. Pursuant to Section 4766 of the Health and Safety Code, any violation of a regulation or ordinance of the district is a misdemeanor and may be subject to a fine up to one thousand dollars, imprisonment not exceeding thirty days, or both.

(e) Continued habitation of any building or continued operation of any facility in violation of the provisions of this chapter or any other ordinance, rule or regulation of the district is hereby declared to be a public nuisance. The district may cause proceedings to be brought for injunctive relief and/or for the abatement of the occupancy of the building or facility during the period of such violation. In such event there is to be paid to the district reasonable attorney's fees and costs of suit arising in said action in an amount to be set by the court.

(f) When necessary to correct an existing or imminent threat to public safety, the environment, or the district sewer facilities, including sewer blockages and sanitary sewer overflows, the district may enter upon the property and summarily abate, restore, and take those actions necessary to prevent further harm from the threat, including severing pertinent connections to the district sewer facilities, at the responsible party's expense.

(g) Any person violating any of the provisions of the ordinances, rules or regulations of the district shall become liable to the district for any expense, loss or damage occasioned by the district by reason of such violation, including but not limited to all costs to clean and repair facilities and any liability in civil proceedings to the district for any expense, loss or damage to the district's sewer system, treatment facilities, or treatment process and for any fines imposed on the district under Section 13350 of the California Water Code or pursuant to Section 5650 of the California Fish and Game Code, as the result of a discharge in violation of this article.

(h) In addition to the enforcement and collection provisions in chapter 24A, any moneys owed to the district pursuant to this section that are not paid in the time and manner prescribed by the district may be collected as delinquent charges. Pursuant to Section 5473.10 of the Health & Safety Code, the district may impose a ten percent basic penalty and a one and one-half percent per month penalty for nonpayment of said charges. If the amounts remain delinquent and unpaid for sixty days, the district may secure such delinquent charges by filing a certificate of lien in the office of the county recorder pursuant to Section 5473.11 of the Health & Safety Code or Section 54740.5(d)(5) of the Government Code, as applicable, and/or the district may elect to have said charges collected on the tax roll pursuant to Section 5473 et seq. of the Health & Safety Code.

(i) The district's manager may revoke or suspend any permit and/or sever sewer or water service when it is determined that the customer:

(1) Knowingly provides a false statement, representation, record, report, or other document to the district.

(2) Refuses to provide records, reports, plans, or other documents required by the district.

(3) Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method.

(4) Fails to comply with the terms and conditions of permit suspension.

(5) Discharges effluent to the district's sewer system while its permit is suspended.

(6) Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring.

(7) Does not make timely payment of all amounts owed to the district for user charges, permit fees, or any other fees imposed pursuant to this section.

(8) Causes interference, sewer blockages, or sewer system overflows with the district collection, treatment, or disposal system.

(9) Violates grease interceptor installation or maintenance requirements, any condition or limit of its discharge permit, or any other provision of the district's fats, oils and grease requirements.

(Ord. No. 2707, § 4; Ord. No. 5033, § 1, 2-13-2018)

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Backflow Prevention Device. A backwater valve or other device approved for use by the Uniform Plumbing Code used to prevent reverse flow.

Brine Waste. A concentrated solution of dissolved solids which may be produced as a result of regeneration of a water softener exchange bed that has been used to soften water.

Discharge. To place or cause to be placed in the district's sewer system.

District. Laguna County Sanitation District.

District's Sewer System. All district's facilities required for the conveyance of wastes to the district's treatment facility.

District Treatment Facilities. Any works, equipment or structure utilized by the district in the physical, chemical or biological treatment of waste prior to final disposal.

Fats, Oils and Grease. Any substance such as vegetable or animal product used in or is a byproduct of cooking or food preparation that may turn viscous or may solidify with a change in temperature.

Food Service Establishment. An establishment that prepares and serves foodstuffs by frying, baking, grilling, sautéing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching. Also included are heating, searing, barbecuing, and other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing.

Manager. Manager of the Laguna County Sanitation District or his duly authorized representative.

Pretreatment Facility. Any works, equipment or structure employed by the user for the physical, chemical or biological treatment or flow limitation of waste prior to its discharge into the district's sewer system.

Properly Shredded Garbage. Solid waste derived from domestic, commercial or industrial preparation, cooking and dispensing of food which has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the district's sewer system.

Protective Facilities. Any works, equipment or structure required to ensure that industrial waste does not have a deleterious effect on the receiving waters, the district's sewer system or treatment facilities (1) including physical, chemical and biological treatment prior to discharge to the district's sewer system, (2) storage to contain accidental spillage or eliminate sludge flows, and (3) all other facilities for the proper management of industrial wastes.

Receiving Waters. Those waters (including groundwater) to which effluent or its constituents, in total or in part, are ultimately returned after having passed through the district's sewer system and treatment facility.

Recycled Water. Water which, as a result of treatment of waste, is suitable for direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource.

Strong Concentrations. Any material not specifically mentioned in this article which is of sufficient concentration to result in deleterious effects on the district's sewer system or the receiving-waters.

Unusual Strength or Character Waste. Waste treatable by the district using processes designed for domestic waste but exhibiting higher concentrations of specific constituents such as chemical oxygen demands, biochemical oxygen demand and suspended solids.

User. Any person that discharges, causes or permits the discharge of waste into the district's sewer system.

Waste. Any material discharged into the district's sewer system.

Waste, Domestic. The water derived from the ordinary living processes, free from industrial waste and of such character as to permit satisfactory discharge without special treatment into the district's sewer system.

Waste 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 and strength of waste.

Waste, Industrial. Any waste, as distinct from domestic waste, including but not limited to liquid, solid, gaseous and radioactive material resulting from any producing, manufacturing, processing of either a commercial or industrial operation of whatever nature, discharged in the district's sewer system.

Water-Softening System or Device. Any apparatus which removes compounds of calcium and magnesium from the water supply.

(Ord. No. 2707, § 5; Ord. No. 4074, § 3; Ord. No. 4497, § 1; Ord. No. 4867, § 1, 9-17-2013)

It shall be unlawful for any person to knowingly discharge any of the following described wastes into the sewer system of the district:

(a) Any waste having a temperature higher than one hundred forty degrees Fahrenheit.

(b) Any waste which may contain more than one hundred milligrams per liter of fat, oil or grease.

(c) Mineral oils, greases or other products of petroleum origin.

(d) Any flammable or explosive waste.

(e) Any garbage which has not been properly shredded.

(f) Any ashes, cinders, sand, mud, straw, and shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, viscera or other solid or viscous substances capable of causing obstruction to the flow or undue maintenance of the district's sewer system or other interference with the proper operation of the district's treatment facility.

(g) Any waste having pH lower than 6.0 or higher than 9.0 or waste having any other corrosive properties capable of causing damage or injury to the district's sewer system or treatment facilities or district personnel.

(h) Any waste containing algaecides, fungicides, antibiotics, insecticides, strong concentrations of oxidizing agents or strong concentrations of reducing agents.

(i) Any noxious or malodorous gas or substance capable of creating a public nuisance either by itself or by interaction with other substances.

(j) Any domestic or other wastes obtained from a septic tank or chemical toilet.

(k) Any storm water, surface water, groundwater, roof runoff, subsurface drainage or uncontaminated process water.

(l) Any waste which exhibits or causes discoloration differing from that of domestic usage.

(m) Any waste containing in excess of any of the following:

0.2 mg/l arsenic,

0.2 mg/l cadmium,

0.5 mg/l copper,

1.0 mg/l cyanide,

1.0 mg/l lead,

0.01 mg/l mercury,

1.0 mg/l nickel,

0.2 mg/l silver,

0.5 mg/l total chromium, or

2.0 mg/l zinc.

(n) Any waste containing substances which are not amenable to treatment or which cause the treatment plant effluent to fail to meet the discharge requirements established by the California State Water Resources Control Board, the California Regional Water Quality Control Board or any other state or regulatory agency.

(o) Any brine waste resulting from the regeneration of any water softening system or device installed in any discretionary development project approved on or after January 1, 2012. The district may provide for such conditions, protections and improvements necessary to assure the exclusion of these wastes.

(Ord. No. 2707, § 6; Ord. No. 3830, § 1; Ord. No. 4074, § 4; Ord. No. 4497, § 2; Ord. No. 4821, § 1, 12-13-2011; Ord. No. 4867, § 2, 9-17-2013)

(a) It shall be unlawful for anyone to install any water softening system or device which discharges brine waste into the district's sewer system, to the ground or to a storm drain in any structure with occupancy approved on or after January 1, 2012.

(b) Anyone operating a water-treating apparatus of any kind, including any water-softening system or device, shall make such apparatus accessible to the manager for inspections upon reasonable notice, and shall provide such information, as the manager may require, relative to the apparatus and its operation and maintenance.

(Ord. No. 4074, § 5; Ord. No. 4821, § 2, 12-13-2011)

Grease, oil and sand interceptors shall be provided by any user when, in the opinion of the district, it is necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other waste harmful to the district's sewer system or treatment facilities. All interceptors shall be of a type and capacity approved by the district and shall be so located as to be readily and easily accessible for cleaning and inspection.

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature and shall be of substantial construction and equipped with easily removable covers, which, when bolted in place, shall be gas-tight and water-tight.

When installed, all grease, oil and sand interceptors shall be maintained by and at user's expense, in continuously efficient operation.

All food service establishments shall install, operate and maintain appropriately designed interceptors to control fats, oils and grease. Multiple food service establishments may be served by a single interceptor when located on a single parcel of land. The operation of fats, oils and grease control devices by food service establishments shall include industry best management practices such as:

(a) Removal of accumulated material when the material depth exceeds twenty-five percent of the design hydraulic depth, but not less frequently than every six months. Collection of accumulated material shall be by appropriately licensed waste haulers and disposal shall be pursuant to federal, state and local laws.

(b) Use of drain screens.

(c) Dry wiping to remove and disposal of food waste to trash receptacles.

(d) Collection of waste cooking oil.

(e) Maintenance of exhaust filters.

(f) Employee training.

(g) Kitchen signage.

(h) Record keeping.

The following prohibitions shall apply to all food services establishments:

(a) The installation of food grinders in new construction and the use of food grinders in existing construction after one hundred eighty days of the effective date of the ordinance codified in this section unless authorized by the district manager.

(b) The introduction of additives for the purpose of emulsifying or biologically or chemically treating fats, oils and grease for remediation or as a supplement to interceptor maintenance.

(c) The disposal of waste cooking oil into a sewer drainage system.

(d) The discharge of wastewater from dishwashers to any trap or interceptor.

(e) The discharge of any waste removed or unauthorized bypass from the trap or interceptor to the sewer system.

(Ord. No. 2707, § 7; Ord. No. 4867, § 3, 9-17-2013)

(a) Connection to Sewer Main. The sewer lateral from the building structure to the sewer main must be constructed in accordance with the California Plumbing Code. Where the sewer lateral joins or connects to the sewer main, the connection shall be made with the use of a wye fitting. New sewer lateral connections to an existing sewer main may be made with the use of alternate wye connections.

(b) Owner Responsibility. The owner of a property shall be responsible for ownership and maintenance of the entire sewer lateral from the building structure to the public sewer line (sewer main) connection. The district is not responsible for damage caused by line breaks or leaks occurring to the property owner's sewer lateral. The property owner shall be responsible for construction of sewer laterals and connections to the sewer main in the event no existing wye or sewer lateral stub out is available.

(c) Installation of Backflow Prevention Device, Responsibility for Operation and Maintenance.

(1) All new sewer laterals and all sewer lateral replacements shall be equipped with a cleanout riser fitted with a backflow prevention device of type and materials meeting California Plumbing Code requirements.

(2) Any sewer lateral serving an existing building structure having plumbing fixtures with drain outlets at an elevation below the elevation of the rim of the manhole or cleanout on the sewer main upstream of the sewer lateral connection, shall be equipped with a cleanout riser-fitted with a backflow prevention device of type and materials meeting California Plumbing Code requirements.

(3) The responsibility for the ownership, operation, and maintenance of the backflow prevention device and its appurtenant fittings shall be that of the property owner. Damage caused to property for the failure to comply with the requirements of the California Plumbing Code or the ordinance codified in this section shall be the responsibility of the property owner.

(d) When required, traps or interceptors, or any other pretreatment control devices, shall be installed on the sewer lateral on private property.

(Ord. No. 4497, § 3; Ord. No. 4867, § 4, 9-17-2013)

The district may require that any industrial waste user file a periodic discharge report. The discharge report may be required to include, but shall 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 waste constituents and characteristics. 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 district may require information in the form of waste discharge permit applications and self-monitoring reports.

(Ord. No. 2707, § 8)

(a) Industrial Waste User. Any industrial waste user (1) who has a discharge flow in excess of fifty thousand gallons per average day or (2) who has a discharge flow in excess of five percent of the district's treatment facility or (3) who has in his discharge toxic pollutants in amounts in excess of the standards established by Section 307(a) of the Federal Water Pollution Control Act, PL 92-500 and any amendments, guidelines, rules or regulations adopted thereunder, or (4) who is found by the district to have a significant impact on the district's sewer system or treatment facilities, whether singly or in combination with other industrial waste users, or (5) who discharges waste with a five-day twenty-degree centigrade biochemical oxygen demand greater than two hundred forty milligrams per liter or (6) who discharges waste containing more than two hundred fifty milligrams per liter of suspended solids or (7) who discharges waste containing any substances having the prohibited characteristics described in section 29-26, may be required by the district to obtain a waste discharge permit and provide protective facilities, including but not limited to pretreatment facilities, before discharging any waste in the district's sewer system.

(b) Food Service Establishment. All food service establishments must obtain a fats, oil, and grease discharge permit and must install the appropriate protective facilities, including but not limited to traps or interceptors, before discharging any waste in the district's sewer system. New food service establishments or existing development being converted to a new food service establishment must comply with fats, oils and grease control measures prior to occupancy approval. Existing food services establishments found to not be in compliance must do so within one hundred eighty days from notice by the district. A waiver delaying this requirement for up to three years may be issued by the district to allow the food service establishment to either complete the appropriate plumbing retrofit or to demonstrate alternative technology or practices. A variance may be issued by the district where it may be physically infeasible to install the appropriate fats, oils and grease control device (provided alternate measures are employed), or for a food service establishment deemed by the district to be have limited food preparation.

(c) A permittee shall be subject to inspections by the district and is required to maintain records for at least two years. Permittee shall notify district of any operational problems such as onsite backups or overflows. Permittee shall notify district not less than sixty days prior to any planned changes on the premises that may result in new or increased discharges.

(d) A discharger of waste that requires a permit, or land owner housing multiple discharges on a single parcel, that has failed to install or properly operate a waste discharge control device and is found to be responsible for damage or impact to the district's facilities, a sanitary sewer overflow, or fines, shall be subject to the cost of remediating said impacts. The district shall have the right to place a lien on the property to recover these costs. In addition to the penalties for violations described in section 29-24, the district may physically terminate sewer service by providing thirty-day written notice via first-class mail to the landowner's last known address as indicated in the district's records for owner's failure to comply with permit requirements when in the judgment of the district there is a threat of substantial endangerment to the public, employees, the environment, overflows, or violations of federal, state or local laws. A decision to terminate service may be appealed per section 29-38.

(Ord. No. 2707, § 10; Ord. No. 4867, § 5, 9-17-2013)

It shall be unlawful for any person to knowingly fail to obtain a waste discharge permit when such is required.

(Ord. No. 2707, § 9)

(a) Plans, specifications and other pertinent information relating to proposed protective facilities (including pretreatment facilities) shall be submitted for review by the district and any other public agency which may have jurisdiction, prior to the construction. Where protective or pretreatment facilities are provided for any waste, they shall be maintained continuously in satisfactory and effective operation, without expense to the district. Submission of plans for review by the district will not relieve such person of his expense or providing additional facilities should those installed prove to be inadequate or incapable of meeting requirements for discharging established by the district.

In special cases, the district manager may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific district sewer. All pretreatment systems or protective facilities determined by the district manager to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state.

A gravity separation interceptor, equalizing tank, neutralization chamber and control manhole may be required by the district to remove prohibited settleable and floatable solids, to equalize waste streams varying greatly in quantity and/or quality, to neutralize low or high pH flows and to facilitate inspection, flow measurement and sampling. Floor drains from commercial or manufacturing buildings, warehouses or multi-use structures shall not discharge directly to the sewer, but shall first discharge to a gravity separation interceptor.

(b) Any user may be required by the district to provide protection from accidental discharge or prohibited materials or other wastes discharged into the district sewer system. Retention basins, dikes, storage tanks or other facilities designed to eliminate, neutralize, offset or otherwise negate the effects of prohibited materials or wastes may be required by the district prior to the user's discharge into the district's sewer system.

Users shall notify the district immediately when accidental discharges of wastes in violation of this article occur so that countermeasures may be taken by the district to minimize damages to the sewer system, treatment plant, treatment processes and the receiving waters. Such notification will not relieve the user of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process or for any fines imposed on the district on account thereof under section 13350 of the California Water Code or for violation of section 5650 of the California Fish and Game Code.

(c) Within fifteen days of the date of any accidental discharge, the user shall furnish to the district a detailed written statement describing the causes of the accidental discharge.

(d) In order that any employees of a waste discharge permittee be more fully informed of district requirements, copies of this article shall be permanently posted on the premises of the waste discharge permittee together with such other industrial waste information and notices which may be furnished by the district from time to time directed toward more effective water pollution control.

(Ord. No. 2707, § 11)

Any waste discharge permittee may be required by the district to install a control manhole to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, may be required to separate industrial waste from domestic waste until the industrial wastes have passed through any required protective facility or pretreatment system or device and shall be constructed in accordance with standardized plans approved by the district. The manhole shall be installed and maintained without expense to the district in a safe condition and accessible to district personnel at all reasonable times.

(Ord. No. 2707, § 12)

The district may determine the volume of waste discharge for the purposes of user charges and fees based upon one of the following methods:

(a) The total amount of water used from all sources including public or private, less that portion of such water diverted from the district's sewer system for which the user presents to the district evidence satisfactory to the district of the amount of such division.

(b) In the event that the user discharges materials that will increase the volume of discharge over and above the volume as determined by subsection (a) of this section, the district may require the user to meter the discharge.

(c) In the event the volume of discharge is unable to be determined by measurement, the district shall prepare an estimate of the volume of discharge based upon such factors as numbers of fixtures, seating capacity, population equivalent, annual production of goods and/or services and such other determination of volume of waste discharged.

(Ord. No. 2707, § 13)

All measurements, tests or analyses of the characteristics of waste to which reference is made in this article shall be determined in accordance with "Standard Methods for the Examination of Water and Waste-Water," 13th Ed., published by the American Waterworks Association and later editions and amendments thereto or other methods acceptable to the district and shall be determined by suitable samples.

(Ord. No. 2707, § 14)

The manager and other duly authorized employees of the district shall be permitted to enter all properties served by the district for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.

(Ord. No. 2707, § 15)

(a) Classification of Users. All users shall be classified by the district according to the principal activity conducted on the user's premises and based on the typical waste constituents and characteristics for that type of user as determined by the district. The purpose of such classification is to facilitate the regulation of waste discharges based on waste constituents and characteristics to provide an effective means of source control and to establish a system of user charges and fees which will insure an equitable recovery of the district's costs. Waste constituents and characteristics may include but not be limited to the following: Volume, Suspended Solids, Chemical Oxygen Demand (COD), Biochemical Oxygen Demand (BOD), Oil and Grease and Chlorine Demand.

(b) Types of Charges and Fees. A user classification service charge may be adopted for each user category based upon the charges for the average waste constituents and characteristics for each user classification. The charges for each waste constituent and characteristics shall be established by the district. The district may adopt a schedule of service charges and fees which may include:

(1) User classification charges.

(2) Fees for monitoring.

(3) Fees for permit applications.

(4) Appeal fees.

(5) Charges and fees based on waste constituents and characteristics to include industrial cost recovery provisions of the Federal Water Pollution Control Act, PL 92-500, and amendments thereto.

(6) Connection charges.

(c) Determination of User Charges. Each user shall pay the applicable charge as established by the district for service charges, connection charges and other fees and methods of fee collection by the district. Should the district manager determine a user is discharging waste which does not have levels of biochemical oxygen demand, chemical oxygen demand, suspended solids or other constituents comparable with domestic waste, the district shall establish a service charge for such a user which is based on that user's proportional contribution to the total treatment works loading and the district's operational and maintenance costs.

For any user, including but not limited to industrial or commercial users, the district may establish a service charge by use of the following user charge models:

(1) Model No. 1. If the treatment works is primarily flow dependent or if the BOD, suspended solids and other wastes constituents and characteristics discharged by all users are approximately equal, then user charges can be developed on a volume basis in accordance with the model below:

Cu = CT/VT (Vu) 444.9

(2) Model No. 2. When BOD, COD, suspended solids, or other waste constituents and characteristics from a user exceed the range of concentration in normal domestic waste, a surcharge added to a base charge, calculated by means of Model No. 1 can be levied. The surcharge can be computed by the model below:

Cs = (Bc(B) + SC(S) + Pc(P)) Vu

(3) Model No. 3. This model is commonly called the "quantity/quality formula": Cu = VcVu + BcBu + ScSu + PcPu. The symbols used in the models are as defined below:

CT = Total operation and maintenance (O. & M.) costs per unit of time.

Cu = A user's charge for O. & M. per unit of time.

Cs = A surcharge for waste of excessive strength.

Vc = O. & M. cost for transportation and treatment of a unit of waste volume.

Vu = Volume contribution from a user per unit of time.

VT = Total volume contribution from all users per unit of time.

Bc = O. & M. cost for treatment of a unit of biochemical oxygen demand (BOD).

Bu = Total BOD contribution from a user per unit of time.

BT = Total BOD contribution from all users per unit of time.

B = Concentration of BOD from a user above a base level.

Sc = O. & M. cost for treatment of a unit of suspended solids.

Su = Total suspended solids contribution from a user per unit of time.

S = Concentration of SS from a user above a base level.

Pc = O. & M. cost for treatment of a unit of any waste constituent and characteristic.

Pu = Total contribution of any waste constituent and characteristic from a user per unit of time.

PT = Total contribution of any waste constituent and characteristic from all users per unit of time.

P = Concentration of any waste constituent and characteristic from a user above a base level.

(Ord. No. 2707, § 16)

Special agreements and arrangements between the district and any persons or agencies may be established when in the opinion of the district unusual or extraordinary circumstances compel special terms and conditions.

(Ord. No. 2707, § 17)

All decisions, interpretations or acts of the district manager shall be subject to appeal to the board of directors of the district. Any person affected by such decision may, within thirty days after such decision is rendered, file with the clerk of the board of directors of the district an appeal in writing protesting against such decision. The board of directors of the district may, after a public hearing thereon, amend, overrule or approve the decision of the district manager.

(Ord. No. 2707, § 18)

(a) It is the policy of the Laguna County Sanitation District that recycled water be used wherever it is available in conformance with California Water Code sections 13550 and 13551.

(b) A person or public agency, as used in California Water Code section 13551, shall not use water from any source of quality suitable for potable domestic use for nonpotable uses if suitable recycled water is available as provided in section 13550.

(c) The district shall review the facts and make a preliminary determination pursuant to California Water Code section 13550 if a parcel or parcels of land are required to comply with subsection (b) of this section and establish a time schedule for compliance. A notice of that preliminary determination and a time schedule for compliance shall be sent to the owner of the parcel(s) using for this purpose, the last known name and address of such owners as shown upon the last assessment roll of the County of Santa Barbara. Any notice by the district under this section shall be deemed given when properly addressed and deposited into the United States mail with postage fully pre-paid or personally delivered to the owner. The owner may file a notice of objection which must be a writing, must specify the reasons for the objections and must be filed with the district within twenty days after it is given or mailed to the owner. The preliminary determination and time schedule for compliance shall be final if the owner does not file a timely objection. The district shall meet with the owner to attempt to resolve the objections. If the objections cannot be resolved to the mutual satisfaction of the district and owner, the district shall give the owner a final determination and make a request pursuant to article 2 (commencing with section 648) of chapter 1.5 of division 3 of title 23 of the California Code of Regulations that the state water resources control board, regional water quality control board and any other appropriate agencies conduct a hearing to determine if the parcel or parcels must use recycled water pursuant to Water Code sections 13550 and 13551.

(Ord. No. 4497, § 4)