Article 12 — Administration of System

6512-0 - Administration and enforcement.

The Airports Administrator shall administer, implement and enforce the provisions of this ordinance. Any ministerial powers granted to or duties imposed upon the Airports Administrator may be delegated by him to persons acting in the employ of or under contract to

the County.

6512-1 - Administrative regulations.

The Airports Administrator is authorized to promulgate regulations and standards reasonably necessary to protect the County's sewerage system, to comply with all applicable Federal and State laws required by the Clean Water Act of 1977 and the Federal Pretreatment Regulations (40 CFR 403), to control and regulate the proper use thereof, to prevent overflow, and to provide for the issuance, suspension or revocation of industrial wastewater discharge permits, provided, however, the regulations shall be consistent with the provisions of this ordinance and formulated to result in the uniform control of the total sewerage system within the County. The Airports Administrator is authorized to promulgate, as he deems necessary, reasonable regulations relating to the rate of flow and the quality and quantity of wastewater discharges to the sewerage system of the County which shall be consistent with and implement the purposes of this ordinance.

6512-2 - Inspection and sampling.

A.

The Airports Administrator, through a program of inspection and sampling will ensure compliance with the provisions of this ordinance, the user's industrial wastewater discharge permit and all applicable Federal and State laws and regulations. The program shall include, but is not limited to, the review of self-monitoring reports, inspections, sampling, flow verification and the retention and availability of all necessary records (Federal Pretreatment Regulations 40 CFR 403.8(f)(1)(v)).

B.

The Airports Administrator shall inspect the facilities of any person to ascertain whether the purpose of this ordinance is being met and all prohibitions, limitations and requirements are being complied with. Upon presentation of proper identification, persons or occupants of premises where waste or wastewater is created or discharged will allow inspectors ready access, at all reasonable times, to all parts of the premises for the purposes of inspection, sampling, records examination, evidence gathering or in the performance of any of their other duties. In addition, the Airports Administrator may enter the property at any hour under emergency circumstances involving the County's sewerage system. The County, Approval Authority and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. The Airports Administrator, the EPA and the Approval Authority shall have access to and the right to inspect and copy all of an Industrial User's records pertaining to wastewater discharge and compliance with Pretreatment Standards and Pretreatment Requirements, whether such records are located at the facility where the wastewater is created or discharged, or at another facility of user, in accordance with Section 6516-0(B).

C.

During the inspection and compliance-monitoring activities, the inspector shall observe all reasonable security, safety and sanitation measures. In addition, the inspector shall observe reasonable precautionary measures specified by the user.

D.

Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the County, Approval Authority or EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

E.

No persons shall interfere with, delay, resist, or refuse entrance to an authorized inspector attempting to inspect any raw material, waste or wastewater generation, conveyance, treatment or storage facility. (Federal Pretreatment Regulations 40 CFR 403.8(f)(1)(V)).

F.

A report listing any deficiencies and/or violations found during the inspection shall be prepared by the inspector and shall be kept on file at the County office. A copy of the report shall be provided to the user.

G.

If corrections are needed, the user shall provide to the Airports Administrator an approved compliance schedule (see Section 6515-4).

H.

When obtaining samples, the inspector shall allow the user to collect replicate samples for separate analysis.

6512-3 - Connections to mains to be maintained by owner.

All connections, including the wye or saddle at the sewer main, shall be maintained at the expense of the property owner.

6512-4 - Availability of facilities; Restriction of discharge rate.

A.

If sewerage system capacity is not available, the Airports Administrator may restrict discharge until sufficient capacity can be made available. The Airports Administrator shall advise any person desiring to locate a new facility of the areas where wastewater of the proposed quantity and quality can be received by available sewerage system capacity. The Airports Administrator may refuse immediate service to any new facility located in an area where there is insufficient capacity in the County's sewerage system to accommodate the proposed quality and quantity of the wastewater or where the discharge of the wastewater will violate any of the provisions of this ordinance or cause the County to violate its NPDES permit.

B.

The Airports Administrator may restrict the rate of discharge into any sanitary sewer during the peak flow hours (8:00 a.m. to 10:00 p.m.) or at any other time when required to prevent the overloading of the sewerage system. A discharger so restricted shall be required to curtail his rate of discharge or to provide approved storage or retention facilities for his wastewater. Wastewater so retained may be discharged into a sanitary sewer between the hours of 10:00 p.m. and 8:00 a.m., or during other periods prescribed by the Airports Administrator, at a rate of flow which the sewerage system can accommodate.

6512-5 - Excessive sewer maintenance expense.

Any person who discharges or causes to be discharged into the County's sewerage system either directly or indirectly, any waste or wastewater which creates a stoppage, plugging, breakage, permanent reduction in the capacity of a sewer, or any other damage to the County's sewerage system shall be liable for the damage and for excessive sewerage system maintenance expense occasioned thereby. The expense and the damage shall be deemed a debt to the County and shall be charged to the discharger by the Airports Administrator. Any excessive maintenance expense or any other expenses attributable thereto shall be charged to the offending discharger by the County.

6512-6 - Damage to county's sewerage system; creation of other liability.

Any person who discharges or causes to be discharged into the County's sewerage system, either directly or indirectly, any prohibited waste or wastewater which causes damage to the system, causes detrimental effects upon County wastewater treatment plant processes or causes the violation of a discharge requirement or regulation imposed by a regulatory agency shall be liable for all damages and costs occasioned thereby, including any penalty assessed by a regulatory agency. The damages, costs or penalty assessed shall be deemed a debt to the County and shall be charged to the user by the Airports Administrator.

6512-7 - Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the County that the release of such information would divulge information, processes or methods of production entitled to protection as confidential information of the user.

When requested by the person furnishing a report, the portions of the report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this ordinance and/or the National Pollutant Discharge Elimination System; provided however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. (Federal Pretreatment Regulations 40 CFR 403.8(f)(1)(vii). Information and data provided to the control authority which pertaining to effluent constituents and characteristics shall be available to the public without restriction. (Federal Pretreatment Regulations 40 CFR 403.14(b)).

6512-8 - Reconsideration.

Any person unsatisfied with an action, decision or determination of the Airports Administrator under this ordinance may file with the County a written request for reconsideration. The request shall specify the action, decision or determination complained of and shall state the reasons upon which the request for reconsideration is based. The Airports Administrator shall consider the request, rule thereon, and give notice of his ruling within 30 calendar days following the filing of the request with the County.

6512-9 - Appeal to County.

A.

Within ten calendar days following the date that notice of the Airport Administrator's ruling on reconsideration is given, the person who initiated the request for reconsideration may appeal the Airport Administrator's ruling to the County Board of Supervisors.

B.

An appeal shall be perfected by filing with the Clerk of the Board an original and two copies of a notice of appeal which states with particularity the grounds of appeal and the specific relief requested. The Clerk shall note on the original notice the date and time of filing and shall transmit copies of the notice to the Airports Administrator and Attorney.

6512-10 - Notice and hearing for appeal.

A.

A hearing on appeal shall be held by the County no more than 35 calendar days following the date of filing of the notice of appeal.

B.

At the meeting of the County Board of Supervisors succeeding the filing of notice, the Clerk shall fix the date, place and time of hearing on appeal. Written notice thereof shall be given by the Clerk to the appellant, to the Airports Administrator and to any person of record directly affected by the appeal. The written notice of the date, place and time shall be given at least five calendar days prior to the date of the hearing.

C.

The consideration of the County Board of Supervisors at hearing on appeal shall be restricted to the issues raised by the grounds specified in the notice of appeal. The appellant may appear personally and by counsel, may examine opposing witnesses and may present witnesses and evidence in his own behalf.

D.

The Board of Supervisors shall announce its decision resolving an appeal within 14 calendar days following the conclusion of public hearing on the matter. The decision of the Board shall comport with the purpose of this ordinance, shall do substantial justice and shall serve the public interest, health, safety and welfare.

6512-11 - Notice of decision.

Not later than ten calendar days following the date on which the decision of the County Board of Supervisors is rendered, the Clerk shall mail notice of or a copy of the decision to the appellant and to the Airports Administrator.

6512-12 - Notice: time limits.

A.

Unless otherwise provided herein, any notice required to be given by the County pursuant to this ordinance shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the Airports Administrator.

B.

Notice by mail shall be deemed to have been given at the time of deposit, registered or certified postage prepaid, in a collection facility regularly serviced by the United States Postal Service; and notice personally served shall be effective at the time the written notice is served upon the person or served in any other manner permitted by the Code of Civil Procedure.

C.

Any time limit provided in a written notice or in any provision of this ordinance may be extended in writing by or at the direction of the Airports Administrator.

6512-13 - Public notification.

Public notification will be made at least annually in the largest daily local newspaper listing all local industries who, during the previous 12 months, were significantly violating applicable Federal pretreatment standards or other pretreatment requirements. For the purposes of this provision, a significant violation would be those violations which remained uncorrected 45 days after notification of the violation; which are a part of a pattern of non-compliance over a 12-month period; which involve a failure to accurately report non- compliance; or which resulted in the County exercising its emergency authority

(Federal Pretreatment Regulations 40 CFR 403.8(f)(2)(vii)).