Windsor Municipal Code Art. 4 Wastewater Treatment

The design and construction of all sewers, connections to sewers, pretreatment facilities and appurtenances which are directly or indirectly connected to the District sewer and wastewater treatment system shall be in accordance with all State laws, District ordinances, standard drawings, specifications and regulations as may be adopted from time to time by resolution of the Board and in accordance with generally accepted engineering practice. Any public works to be constructed shall be designed by an engineer licensed to practice in California.

Separate sewer service connections are required for each separate building whether or not such building is on the same or a different lot or parcel of land.

Exceptions may be made upon appeal to the Board, where several single-family, multifamily, commercial or industrial units are constructed within several buildings on the same parcel of land, where it is agreed that such land can be adequately served by a single private sewer main.

If the land is later divided; then separate laterals shall be provided for each building or several buildings on each separate parcel of land or for each air space unit unless the private sewer main has been legally made the responsibility of the property or unit owner(s). Such property owner or owners association will be responsible for construction, reconstruction, maintenance and repair, of the private sewer main.

In the case of the exception, a private sewer main may be placed in the proposed development with laterals to each building.

Such private sewer main shall be connected to the sewer main at a single location and a manhole or clean out shall be provided on the private main at or near the point of connection with the POTW, normally near the property line. All such private sewer mains and all such laterals thereto shall be installed at the expense of the property owner or developer.

The property owner will be responsible for construction, reconstruction, maintenance and repair of the private sewer main. For private sewer mains, the property owner or owners association shall apply for, and be responsible for a single billing, for the service.

Where such connections pre-exist these regulations, they must be permitted until sale of the parcel, at which time a separate lateral sewer shall be provided for the sold parcel.

Old lateral sewers may be used in connection with new buildings only when they are found, upon examination and test by the District Engineer, to meet all requirements of this ordinance and the adopted Standards.

In all buildings in which any building sewer is too low to permit gravity flow to the public sewer, wastewater carried by such building sewer shall be lifted by artificial means, approved by the Sonoma County Building Official and discharged to the public sewer at the expense of the owner. Adequate antibackflow devices shall be installed by the applicant.

The connection of the building sewer into the public sewer shall be made at the lateral or "T" branch, if such lateral "T" branch is available at a suitable location. Where no properly located "T" branch is available, a neat hole may be cut into the public sewer to receive the building or lateral sewer, with entry in the downstream direction at an angle of forty-five (45) degrees. A wye saddle shall be used for the connection and in no case shall the pipe protrude inside the main sewer. A smooth, neat joint shall be made, and the connection made secure and watertight, including by encasement in concrete, if so determined by the District. The connection to the public sewer shall be made in the presence of the District Engineer's representative and under his supervision and direction. Any cutting of public mains shall be done in the presence of the District Engineer's representative. All costs will be borne by applicant. Any damage to the public sewer shall be repaired at the cost of the applicant to the satisfaction of the District Engineer.

All excavations for a lateral sewer installation shall be adequately guarded with barricades or lights so as to protect the public from hazard. Streets, sidewalks, parkways and other property damaged in the course of the work shall be restored in a manner satisfactory to the District Engineer.

All domestic or sanitary wastewaters from rest rooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device. A control manhole of a design approved by the District shall be furnished and installed by certain designated industrial wastewater dischargers to facilitate inspection, sampling and flow measurements by personnel of the District. This control manhole shall be located off the industrial premise or if within the plant fence, a special locked gate provided, with keys to the gate lock given to the District. Unrestricted access to this control manhole shall be available to authorized personnel of the District at all times. The control manhole may be used as a junction manhole for wastewater provided the junction occurs downstream of the sampling or flow measuring point.

Each discharger shall provide protection from accidental discharge of prohibited materials or other wastes, regulated by this chapter. Where necessary, or as directed by the District Engineer, retention basins, dikes, storage tanks or other devices designed to eliminate, neutralize, offset or otherwise negate the effects or prohibited materials or waste discharges in violation of this ordinance shall be installed.

Lateral sewers shall be maintained clear and unobstructed by the user of the property served from the building being served up to the front property line providing a cleanout accessible to maintenance forces is available. If a cleanout is not available, the owner shall maintain the lateral to its connection to the public main.

All lateral sewers shall be tested by means approved by the District, in the presence of the District Engineer. All lines showing excessive leakage shall be repaired or replaced at the expense of the person doing the work and shall be done at the direction and to the satisfaction of the District Engineer.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The design of sewers connected to or a part of the sewer system shall conform to the technical requirements of the District Engineering Design and Construction Standards, latest version.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through, interference, or is listed in the Specific Prohibitions below. These general prohibitions apply to all users discharging to the POTW whether or not they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements.

Specific Prohibitions. No person shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:

a. Any liquid or water causing the temperature at the POTW to exceed one hundred four (104) degrees Fahrenheit, or inhibits biological activity at POTW.

b. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that cause interference or pass through.

c. Any pollutant which creates fire or explosive hazard in the POTW including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit.

d. Any garbage, except garbage shredded to one-fourth (¼) inch maximum size from individual dwelling units. The installation and use of garbage grinders in industrial, commercial or institutional establishments is prohibited.

e. Any ashes, bones, hair, whole blood, cinders, and mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solids or viscous substances capable of causing obstruction to the flow in POTW resulting in interferences.

f. Any waters or wastes having a pH lower than five and one-half (5.5) or higher than eleven (11.0) or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the POTW.

g. Any pollutant which will result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

h. Any pollutant, including oxygen demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration that will cause interference with the POTW.

i. Any trucked or hauled pollutants including septic tank sludge, except at discharge points designated by the POTW.

j. Any malodorous substance, such as Hydrogen Sulfide, or any other substance which will cause offensive odors in the POTW.

k. Any radioactive waste or isotopes in an amount greater than recommended by local or State public health agencies.

l. Any sludges, solids, or residues from the pretreatment of industrial wastes.

m. No user shall increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation.

n. Any waters or wastes containing insecticides, strong oxidizing agents or strong reducing agents.

o. Any wastes containing excessive detergents, surface active agents, or other substances which may cause excessive foaming in POTW.

p. Any waste producing excessive discoloration of wastewater or treatment plant effluent.

q. Any water or wastes containing recognizable portions of the human anatomy.

r. Any water or 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 State Water Resources Control Board, the California Regional Water Quality Board or any other State or regulatory agency.

s. Any discharge of wastewater, industrial waste, commercial waste, or other polluted waters into any storm drain or natural outlet.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The following pollutant local limits are established to protect against pass through and interference, as well as impacts on the ability of the POTW to treat conventional pollutants (BOD, TSS, Ammonia Nitrogen, and Phosphorus) in compliance with the Town's National Pollutant Discharge Elimination System (NPDES) Permit. No SIU shall discharge or cause to discharge any wastewater containing in excess of the following daily maximum allowable discharge limits. In addition, the General Manager may apply all or some of the limits set forth below to other users as the General Manager deems appropriate and designates in the user's Wastewater Discharge Permit.

These local limits apply to all SIUs or other users deemed by the General Manager discharging to the POTW whether or not they are subject to National Categorical Pretreatment Standards or any other Federal, State, or local pretreatment standards or requirements. These local limits do not relieve the user from being required to meet any applicable National Categorical Pretreatment Standards or any other Federal, State, or local pretreatment standards or requirements.

Footnotes:

1. Federal Register List from 40 CFR 131 Subpart D—Total Toxic Organics less pesticides and dioxins.

2. The BOD, TSS, ammonia, and phosphorus limits are tiered based on a user's average annual flow rate, as reported in its Wastewater Discharge Permit Application. Compliance determination shall be based on representative paired daily average flow and concentration values.

3. Exceptions to the Tier I BOD local limit may be granted, where a discharger pays a fee for its total wastewater discharge load in lieu of compliance with the local limits. The applicable wastewater rate is referenced in Section 12-4-215, Sewer Charges—Rate Schedule, and identified in the "WW Usage Rate Components for Special Situations" section of the Town's wastewater rates.

4. User may also be requested to supplement the numeric local limit compliance with the implementation of Best Management Practices (BMP) as a source control approach for reduced phosphorus loads.

(Ord. No. 2010-263, Exh. A, 7-7-2010; Ord. No. 2021-75-WWD, § 3, 3-3-2021)

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Periodic measurements of flow rates, flow volume, BOD, grease, TSS, TDS, Ammonia as Nitrogen, and Phosphorus for use in determining the annual industrial wastewater treatment surcharge and such measurements of other constituents believed necessary for the District shall be made by all industrial wastewater dischargers unless specifically relieved of such obligation by the District. Users subject to pollutant local limits listed in Section 12-4-407, Local Limits, shall also conduct wastewater sampling for those applicable pollutants.

All sampling, analyses, and flow measurements of industrial wastewaters shall be performed by a State certified independent laboratory or by a laboratory of the industrial discharger approved by the District. If performed by District's personnel, an appropriate charge shall be paid by the discharger requesting the tests. Prior to submittal to the District of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under the penalty of perjury.

All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in 40 CFR Part 136, or as amended. If no appropriate procedure is contained therein, the standard procedure of the industry or a procedure judged satisfactory by the District Engineer shall be used to measure wastewater constituents. Any independent laboratory or discharger performing tests shall furnish any required test data or information on the test methods or equipment used if requested to do so by the District.

All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flow meter, or similar device approved by the District and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording, and totalizing register may be required by the District. In lieu of wastewater flow measurements, the District may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge.

The sampling, analysis, and flow measurement procedures, equipment, and results shall be subject at any time to inspection by the District. Sampling and flow measurement facilities shall be such as to provide safe access to authorized personnel. Records of sampling shall be maintained for a period of three (3) years.

Those industrial wastewater dischargers required by the District to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. Monitoring and sampling for all required parameters shall be conducted concurrently on the same day. The minimum requirement for such period measurements shall be at least one (1) daily measurement per year. Representative samples of the industrial wastewater shall be obtained every fifteen (15) minutes over the twenty-four (24) hour period, properly refrigerated, composited according to measured flow rates during the twenty-four (24) hours and analyzed for the specific wastewater constituents. Samples for volatile pollutants may be collected as daily grab samples. Discharges required to sample on only a few days per year shall sample during the period of highest wastewater flow and wastewater constituent discharges. Industrial plants with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analyses for every working day.

When required by the District, dischargers shall install and maintain in proper order, automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment.

Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the District.

(Ord. No. 2010-263, Exh. A, 7-7-2010; Ord. No. 2021-75-WWD, § 4, 3-3-2021)

A wastewater pretreatment system or device may be required by the District Engineer to treat flow prior to discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents not in compliance with Section 12-4-406 Prohibited Wastes, to distribute more equally over a longer time period any peak discharges of wastewaters or to accomplish any pretreatment result required by the District. All pretreatment systems, devices, or equipment shall be approved by the District but such approval shall not absolve the discharger of the responsibility of meeting any effluent limitation required by the District. All pretreatment systems, devices, or equipment judged by the District to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the State of California, and shall achieve compliance with all categorical pretreatment standards, local limits, and prohibitions specified by the EPA, the State of California, or the District, whichever is most stringent.

This chapter refers to and enforces the pretreatment standards published in the Federal Register by the EPA pursuant to Section 107(b) of the Federal Water Pollution Control Act Amendments of 1972.

Normally, a gravity separation interceptor, equalizing tank, neutralization chamber and control manhole will be required, respectively, to remove prohibited settleable and floatable solids, to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH flow and to facilitate inspection, flow measurement and sampling.

All floor drains located in process areas shall discharge to the user's pretreatment system prior to any connection to the POTW, as deemed necessary by the District Engineer.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Grease, oil, and sand interceptors or other grease removal device shall be provided by the waste discharger when, in the opinion of the District, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity acceptable to the District and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense. The user shall keep and maintain records that document all cleaning, repair and proper disposal from all such interceptors for the preceding three (3) years. Such records shall be kept on the site for review by the District.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The District Engineer may specify additional requirements for dental facilities that remove or place amalgam fillings.

a. All users of and dischargers from dental facilities that remove or place amalgam fillings shall comply with the following waste management practices:

1. No person shall rinse chair-side traps, vacuum screens, or amalgam separator equipment in a sink or other connection to the sanitary sewer.

2. Users of and dischargers from dental facilities shall ensure that all staff members who handle amalgam waste are trained in the proper handling, management, and disposal of mercury-containing material and fixer-containing solutions, and shall maintain training records that shall be available for inspection by the District Engineer during normal business hours.

3. Amalgam waste shall be stored and managed in accordance with the instructions of the recycler or hauler of such materials.

4. Bleach and other chlorine-containing disinfectants shall not be used to disinfect the vacuum line system.

5. The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam is permitted.

b. All users of and dischargers from dental vacuum suction systems, except as set forth in paragraphs c. and d., below, shall comply with the following:

1. An ISO 11143 certified amalgam separator device shall be installed for each dental vacuum suction system on or before one (1) year of the effective date of this title provided, however, that all dental facilities that are newly constructed on and after the effective date of this title shall include an installed ISO 11143 certified amalgam separator device. The installed device must be ISO 11143 certified as capable of removing a minimum of ninety-five percent (95%) of amalgam. The amalgam separator system shall be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation. Neither the separator device nor the related plumbing shall include an automatic flow bypass. For facilities that require an amalgam separator that exceeds the practical capacity of ISO 11143 test methodology, a noncertified separator will be accepted, provided that smaller units from the same manufacturer and of the same technology are ISO-certified. Alternative materials and methods may be proposed to the District Engineer for approval.

2. Proof of certification and installation records shall be submitted to the District Engineer within thirty (30) days of installation.

3. Amalgam separators shall be maintained in accordance with manufacturer's recommendations. Installation, certification, and maintenance records shall be available for immediate inspection upon request by the District Engineer during normal business hours.

c. Facilities with vacuum suction systems that meet all of the following conditions may apply to the District Engineer for an exemption to the requirements of paragraph b., above:

1. The system was installed before the effective date of this title.

2. The system is a dry vacuum pump system with an air-water separator.

3. The sedimentation tank is non-bottom draining, with the drain above the anticipated maximum level of accumulated sludge.

4. Evidence of regular pump outs (a minimum of once a year, or more often if either directed by the manufacturer or necessary to keep solids from exiting through the drain) is maintained and open to inspection by the District Engineer during normal business hours.

5. The system has no direct discharge pipe to the sewer on the bottom of the sedimentation tank.

d. The following types of dental practice are exempt from this section, provided that removal or placement of amalgam fillings occurs at the facility no more than three (3) days per year: orthodontics, periodontics, oral and maxillofacial surgery, radiology, oral pathology or oral medicine, and endodontistry and prosthodontistry.

e. Any user or discharger whose facility meets all five conditions in paragraph c., above, may apply for an exemption by written letter to the District Engineer. The District Engineer will review the system and, if the exemption is approved, shall provide a written letter of exemption. An exemption obtained pursuant to paragraph c. of this section shall expire upon installation of a new vacuum system. Upon expiration of the exemption, the facility shall comply with paragraph b. of this section before commencing further operation.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine or episodic nature, a noncustomary batch discharge or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards of this title), it is the responsibility of the user to immediately notify the District Engineer of the incident. This notification shall include the location of discharge, type of waste, concentration and volume (if known), and corrective actions taken by the user.

Within five (5) days following an accidental discharge, the user shall, unless waived by the District Engineer, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar or future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the system, natural resources, or any other damage to persons or property. Nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this title.

Failure to notify the District of potential problem discharges shall be deemed a violation of this title.

Sewer connections within the discharger's plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of any substance in violation of this article.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The duly authorized employees of the District, or authorized agents, bearing proper credentials and identification, shall be permitted, announced or unannounced, to enter all properties served by the District for the purposes of inspection, observation, measurement, sampling, testing, reviewing records, and copying records in accordance with the provisions of this ordinance. Unreasonable delays in allowing the authorized employees access to the user's premises shall be a violation of this title.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters which cause damage to District facilities, detrimental effects on treatment processes or any other damages resulting in costs to the District shall be liable for all damage occasioned thereby.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Each user shall notify the District Engineer of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least sixty (60) days before the change.

a. The District Engineer may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a Wastewater Discharge Permit application as required by this title.

b. The District Engineer may issue a Wastewater Discharge Permit as required by this title or modify an existing Wastewater Discharge Permit.

c. No user shall implement the planned changed condition(s) until or unless the District Engineer has responded to the user's notice.

d. For purposes of this requirement, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants, shall be deemed significant.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

a. Baseline Monitoring Reports. All Significant Industrial Users shall submit to the District a baseline report within one-hundred eighty (180) days of the effective date of this section or one-hundred eighty (180) days after final administrative decision on a category determination, whichever is earlier. The baseline report shall contain the information specified in 40 CFR Part 403.12(b) or as amended. The information required for application for a permit and/or modification of a permit may fulfill the requirements of the baseline report. If in submitting information to apply for or to modify a permit, the Significant Industrial User also intends to fulfill the requirements for the baseline report, the Significant Industrial User shall so state.

b. Compliance Schedule Progress Reports. The Significant Industrial User shall submit a progress report to the District Engineer no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.

c. Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements will submit to the District Engineer a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements, the average and maximum daily flow for these process units, and the actual average production rate for these process units. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR Part 403.6(c) or as amended, this report will contain a reasonable measure of the user's long term production rate. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operational and maintenance changes and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and a certified qualified professional. Filing of this compliance report cannot relieve the user of any fines, civil penalties, or other liability which may be imposed by this title or other applicable law, or failure to meet the applicable pretreatment standards or requirements subsequent to the date for final compliance with such applicable standard.

d. Periodic Compliance Reports.

1. All Significant Industrial Users shall, at a frequency determined by the District Engineer, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards or requirements and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports shall be signed and certified in accordance with 40 CFR Part 403.6(a)(2)(ii) or as amended. The report shall contain a description of the methods utilized by the user in collecting the wastewater sample for analysis, including but not limited to the sampling device(s) used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used, and date of sample delivery to the laboratory for analysis.

2. All wastewater samples must be representative of the Significant Industrial User's discharge. Wastewater monitoring and flow measurement facilities will be properly operated, cleaned, calibrated, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order is a violation and shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

3. If a Significant Industrial User, subject to the reporting requirement in this section, monitors any pollutant more frequently than required by the District Engineer, using the procedures prescribed in this title, the results of this monitoring will be included in the report.

4. In the event a sample from a periodic compliance report indicates that a constituent is in violation of the allowable concentration levels as set forth in the user's permit or permit contract, the user shall inform the District within the next business day, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing the results of this second analysis within thirty (30) days of the discovery of the first violation. The initial sampling and analysis report shall be submitted within forty-five (45) days of the initial sampling date with a cover report setting forth the causes of the violation, the remedial actions taken to date with regard to the violation, and the scheduled additional actions which will be implemented to prevent a recurrence.

5. The District Engineer may also, at any time, require a signed statement by the user setting forth management practices and/or material usage practices which have an effect on the nature, volume, and quality of the wastewater discharge and/or which potentially will affect the ability to comply with pretreatment standard requirements.

6. When required by the District Engineer, an industrial user shall submit a report indicating the concentration of specific pollutants discharged in the effluent. The determination of said pollutants by the District Engineer shall be based on what is reasonably expected to be found at the site and the frequency of monitoring shall be based on the compliance status of the industrial user.

7. Periodic Compliance Reports may be waived by the District Engineer if the District is monitoring the user discharge.

8. The District Engineer may require all users either independently, or as part of an application, to submit a certification statement reviewed by an authorized representative of the user and certified by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is necessary for the user to meet pretreatment standards and requirements. [40 CFR Part 403.12(b)(6)]

e. Reports from Unpermitted Users. All users not required to obtain a Wastewater Discharge Permit shall provide appropriate reports to the District Engineer if required by the District Engineer.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

When the District Engineer finds that a user has violated, or continues to violate, any provision of this chapter, a Wastewater Discharge Permit, or an order issued pursuant to this chapter, the District Engineer may serve upon that user a written notice of violation. Within fifteen (15) calendar days of the receipt of such notice, the user shall submit an explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions, to the District Engineer. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the District Engineer to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. No. 2018-74, § 2, 3-7-2018)

The District Engineer may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this chapter and shall be judicially enforceable.

(Ord. No. 2018-74, § 2, 3-7-2018)

When the District Engineer finds that a user has violated, or continues to violate, any provision of this chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement, the District Engineer may issue an order directing the user to come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order shall not relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 2018-74, § 2, 3-7-2018)

a. When the District Engineer finds that a user has violated, or continues to violate, any provision of this chapter, a Wastewater Discharge Permit or order issued hereunder, or any other pretreatment standard or requirement, the District Engineer may, pursuant to the authority of California Government Code Sections 54739 to 54740.6, issue administrative complaints, conduct administrative hearings, and/or impose administrative civil penalties in accordance with the penalty amounts and procedures set forth in those sections. Unless appealed in accordance with California Government Code Section 54740.5, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within thirty (30) days. The amount of any administrative civil penalties imposed under this section which have remained delinquent for a period of sixty (60) 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. [California Government Code 54740, 54740.5 and 53069.4] Issuance of an administrative complaint shall not be a bar against, or a prerequisite for, taking any other enforcement action against the user.

b. In addition, pursuant to Government Code Section 53069.4, the District Engineer may issue an administrative citation imposing administrative penalties in response to a violation of any portion of this chapter, a Wastewater Discharge Permit or any order issued hereunder in the following amounts: (1) up to one hundred ($100.00) dollars for a first violation; (2) up to two hundred ($200.00) dollars for a second violation of the same ordinance within one (1) year; (3) up to five hundred ($500.00) dollars for each additional violation of the same ordinance within one (1) year. Each day that a violation under the code is committed or continued shall be a separate violation for which an administrative penalty may be issued. Separate instances of violations occurring on the same day may also be deemed as separate and distinct violations, resulting in an administrative penalty assessed for each violation. The imposition, enforcement, collection, and administrative review by the District of administrative penalties imposed pursuant to this section shall be in accordance with the following procedures:

1. Scope: This remedy may be utilized in place of, or in addition to, any other remedy allowed by the code or State law. The District Engineer, or designee, shall have the sole discretion to utilize any remedy or remedies as authorized by law.

2. Issuance and Service of Citations: Whenever the District Engineer, or designee, determines that a violation of the code has occurred, the District Engineer or designee may issue a citation to any person or business responsible for the violation. Each citation shall contain the following information:

(a) Name and mailing address of the business or individual to whom the citation is issued;

(b) Identification of the provision or provisions of the code violated. The District Engineer or designee may issue a single citation for multiple violations of the code;

(c) A description of the condition or circumstances constituting the violation(s), including the address or location and date of the violation;

(d) The amount of administrative penalty imposed for each violation, the procedure and place to pay the penalty amount, the date by which payment is required, and the consequence of failure to pay;

(e) If the violation is continuing and does not create an immediate danger to health or safety, the action(s) required to correct the violation(s), and notice that if the violation is corrected or otherwise remedied within thirty (30) days from the date of the citation, the penalties will not be imposed;

(f) The right to seek administrative review of the citation by filing an appeal with the General Manager within thirty (30) days of the date that the citation is served and notice that the failure to appeal will make the issuance of the citation a final action by the District for which there is no further administrative review and no judicial review. The administrative review process will follow the Administrative Hearing procedures in Section 12-4-468;

(g) The date the citation is issued and the name and signature of the charging official.

(Ord. No. 2018-74, § 3, 3-7-2018)

Editor's note— Ord. No. 2018-74, § 3, adopted Mar. 7, 2018, amended § 12-4-460 in its entirety to read as herein set out. Former § 12-4-460 pertained to civil penalties and derived from Ord. No. 2010-263, Exh. A, adopted July 7, 2010.

The District Board may direct District Counsel or other special counsel to bring such civil actions as may be available at law or in equity in any court of competent jurisdiction to enforce the provisions of this chapter and to recover such charges, fees, penalties, and/or damages as may be assessed or may be incurred under the provisions of this chapter.

a. Injunctive Relief. When the District Engineer finds that a user has violated, or continues to violate, any provision of this chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement, the District Engineer may seek the issuance of a temporary or permanent injunction, as appropriate, to restrain or compel the specific performance of the Wastewater Discharge Permit, order, or other requirement imposed by this chapter on activities of the user. The District Engineer may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. [California Government Code 54740]

b. Civil Penalties. Any user who violates any provision of this chapter, a Wastewater Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable civilly for a penalty not to exceed twenty-five thousand ($25,000.00) dollars for each day in which such violation occurs pursuant to California Government Code Section 54740. Pursuant to the authority of the Clean Water Act, 33 U.S.C.A. Section 1251, et seq. any user committing a violation of any provision of this chapter, which is also a violation of a pretreatment standard, effluent standard, or limitation or other applicable provision of the Clean Water Act shall be liable civilly for a sum not to exceed twenty-five thousand ($25,000.00) dollars per violation for each day in which such violation occurs. District Counsel, or other special counsel designated by the Board, upon order of the District Board, shall institute such actions as may be appropriate in the appropriate court to impose, assess, and recover such sums.

(Ord. No. 2018-74, § 4, 3-7-2018)

Editor's note— Ord. No. 2018-74, § 4, adopted Mar. 7, 2018, amended § 12-4-461 in its entirety to read as herein set out. Former § 12-4-461 pertained to injunctive relief and derived from Ord. No. 2010-263, Exh. A, adopted July 7, 2010.

a. If the District Engineer has been refused access to a building, structure or property or any part thereof, and if the District Engineer has probable cause to believe that there may be a violation of District ordinance or that there is a need to inspect or sample as part of a routine inspection/sampling program of the District designed to verify compliance with District ordinance or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the District Engineer may seek issuance of a search, seizure, or inspection warrant. In the event of an emergency affecting public health and safety, or if the user consents, inspections shall be made without the issuance of a warrant.

b. To the extent that the owner or possessor of the premises requires that a warrant be received, the District may, in its discretion, suspend the permit and/or any other right to discharge to sanitary facilities immediately, and such suspension may continue until such time as a warrant has been received and the inspection has been completed. If no violation of this title or the permit, if applicable, is found, the suspension shall be lifted. In the event that violations of this title or the permit, if applicable, are found, then the suspension may, at the discretion of the District, be continued or terminated, or other enforcement remedies may be sought.

c. The District may choose to inspect the facility to determine compliance with all standards as set forth in this title or permit if applicable, and additionally, such inspections may be undertaken to verify the wastewater flows and strengths reported by the discharger.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The District Engineer may order a user which has violated, or continues to violate, any provision of this chapter, a Wastewater Discharge Permit, or an order issued pursuant to this chapter, to appear before the District Engineer and show cause why the proposed enforcement action should not be taken. The user has the burden of proof to demonstrate that the proposed action should not be taken or that the decision, action, or determination previously made should be rescinded or modified. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) calendar days prior to the hearing. Such notice may be served on an agent of the user or officer of the user's business entity. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. No. 2018-74, § 5, 3-7-2018)

When the District Engineer finds that a user has violated, or continues to violate, any provision of this chapter, a Wastewater Discharge Permit, or an order issued pursuant to this chapter, or that the user's past violations are likely to recur, the District Engineer may issue an order to the user directing it to cease and desist all such violations and directing the user to:

a. Immediately comply with all requirements; and

b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 2018-74, § 5, 3-7-2018)

a. General Criminal Penalties. Any person who violates any provision of this chapter, a Wastewater Discharge Permit, or an order issued pursuant to this chapter, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed one thousand ($1,000.00) dollars or imprisonment for not more than thirty (30) days in the county jail, or both. Each day a violation occurs may constitute a new and separate offense and may subject the violator to an additional full measure of penalties as set forth herein.

b. Falsifying Information. Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, a Wastewater Discharge Permit or an order issued pursuant to this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall upon conviction be punished by a fine of not more than one thousand ($1,000.00) dollars or imprisonment for not more than thirty (30) days, or both. Each separate act of falsification, tampering, or knowingly rendering inaccurate any device or method, shall constitute a new and separate offense and shall be subject to the penalties contained herein.

Nothing in this section is intended to exclude the potential for prosecution under the applicable perjury statutes of the State of California to the extent such falsification was incorporated in a document signed under the penalty of perjury.

(Ord. No. 2018-74, § 5, 3-7-2018)

The remedies provided for in this chapter are not exclusive. The District Engineer may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the District's enforcement response plan. However, the District Engineer may take other action against any user when the circumstances warrant. Further, the District Engineer is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 2018-74, § 5, 3-7-2018)

Any user, permit applicant or permit holder affected by any decision, enforcement action, or determination made by the District, interpreting or implementing the provisions of this chapter or in any Wastewater Discharge Permit issued hereunder, may file with the General Manager a written request for reconsideration of a staff decision, action, or determination within fifteen (15) calendar days of notification of said staff decision, action, or determination. The written request for reconsideration shall detail facts supporting the user's request and such facts shall include a statement listing all relevant facts which shall be considered including such facts as may not have been know or available to the District at the date of such action. The General Manager shall render a decision on the request for reconsideration within fifteen (15) business days of receipt of the request, unless the General Manager requests additional information from District staff or the user. The General Manager shall concur, modify, or rescind the action, decision, or determination previously made or may grant a show cause hearing regarding such decision, action, or determination. If the user disputes the General Manager's decision on the request for reconsideration, the user may, within ten (10) calendar days after the date of notification of the General Manager's determination, file with the District Secretary a request for appeal to the District Board.

A user shall not have a right to an appeal to the District Board unless the user has complied with the procedures concerning the request for reconsideration by the General Manager as set forth above.

When a written request for appeal to the District Board has been properly filed with the District secretary, the District secretary shall schedule the matter to be heard by the District Board within forty-five (45) calendar days from the date of the filing of the written request. The District Board shall make a ruling on the appeal within fifteen (15) calendar days from the date of the hearing unless the Board requests additional information from District staff or the user.

Notwithstanding the foregoing, the statutory appeal procedures set forth in California Government Code Section 54739, et seq., applicable to administrative civil penalties imposed or sought pursuant to Section 12-4-460 of this chapter, shall exclusively apply to such penalties.

(Ord. No. 2018-74, § 5, 3-7-2018)

The District Engineer may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The District Engineer may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

a. Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the District Engineer may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The District Engineer may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the District Engineer that the period of endangerment has passed, unless the termination proceedings in Section 12-4-351 are initiated against the user.

b. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the District Engineer prior to the date of any show cause hearing.

c. After reasonably attempting to informally notify the user, the District may take all necessary steps to halt or prevent such discharge including, but not limited to plugging or physically disconnecting the user's access to the District POTW.

d. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any monitoring equipment so as to cause alteration of the sampling analysis or readings or cause damage or destruction of equipment being utilized to determine compliance with this title. Tampering with a District-installed meter may be subject to fines in accordance with this title.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Information and data on a user obtained from reports, surveys, Wastewater Discharge Permit applications, Wastewater Discharge Permits, and monitoring programs, and from the District Engineer's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests in writing, and is able to demonstrate to the satisfaction of the District Engineer, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets or that are proprietary in nature or otherwise exempt from disclosure under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets, secret processes proprietary information, or information otherwise exempt from disclosure shall not be made available for inspection by the public but shall be made available, to the extent allowed by law, immediately upon request to governmental agencies for uses related to this title, the National Pollutant Discharge Elimination System (NPDES) program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR Part 2.302 or as amended, will not be recognized as confidential information and will be available to the public to the extent allowed by law.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The District Engineer shall publish annually in accordance with 40 CFR 403 or as amended, in any paper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the users which, during the previous twelve (12) months, were in Significant Noncompliance with applicable pretreatment standards and requirements.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Unless otherwise provided herein, any notice required to be given by the District 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 District. Where the address is unknown, service may be made upon the owner of record of the property involved.

Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility serviced by the United States Postal Service.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Notwithstanding any provision of this title to the contrary, the Board and any user may enter into an agreement where unusual conditions compel special terms and conditions and charges for the interception, treatment and disposal of an industrial wastewater necessary to meet the purposes of this title. In no event, however, may the National Categorical Pretreatment Standards referred, or as amended or any other Federal or State standard, be relaxed or waived.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

a. Subject to subsection (d) below, the Board may, at its sole discretion consistent with the Town's Urban Growth Boundary, approve of and, authorize a permit to connect to the District sewer for properties outside the District. Any request for such a connection outside of the District's boundaries and the Town's Urban Growth Boundary requires a public hearing and Board approval.

b. Subject to subsection (d) below, the following guiding principles shall be considered for any such sewer connection:

1. Annexation to the District should be considered if the property is within the Urban Growth Boundary.

2. Without annexation, the proponent needs to explain in writing why the service should be extended to the subject property.

3. Substantial evidence, prepared by a civil engineer and certified by the District Engineer and Sonoma County Health Department, that the extension is necessary to replace failing septic tank-leach field systems and/or water systems and the extension does not exceed that required to serve development existing onsite as of October 2, 1997. The information should also indicate that there is no other feasible way, based on physical conditions of the property, to provide the services. Evidence should show that moving the septic tank-leach field and/or drilling another well on another location on the property has been explored and is not feasible.

4. The extension of service cannot be to properties designated as open space and cannot interfere with accepted agricultural practices.

5. The property requesting service should be immediately adjacent to land already served by the District.

6. An outside service area agreement approved by the Board is required and LAFCO approval may also be required.

7. All costs associated with engineering, design, connection fees, construction, environmental mitigation, public services and facilities, frontage improvements, utility under grounding, and application fees are the responsibility of the proponent.

8. To demonstrate the need for District services, the proponent will certify that the property owner occupies the dwelling and that it is the property owner's primary residence.

c. The applicant shall first enter into an agreement in writing whereby he/she shall bind himself, his/her heirs, successors and assigns to abide by all ordinances, rules and regulations in regard to the manner in which such sewer shall be used, the manner of connecting therewith, and the plumbing and drainage in connection therewith and also shall agree to pay all fees required for securing the permit; annexation, development connection fees and monthly sewer service charges in the amount set by the District for the privilege of using such sewer.

d. Notwithstanding anything to the contrary in subsection (a) above, the principles set forth in subsection (b) above shall not apply to any District extension of service to lands outside of District boundaries, and the District shall therefore extend service to such lands pursuant to this Section, so long as (i) such lands are held in the federal trust; (ii) such lands are adjacent to the District's corporate boundaries; (iii) the requested service extension is consistent with the Town of Windsor General Plan's policy to ensure that growth occurs concurrently with or following the provision of adequate services and infrastructure (i.e., Policy B.4, (Chapter 4, Section B) of the Town of Windsor General Plan), as is in effect at the time the application for service is filed with the District, regarding service extensions outside the Town's Urban Growth Boundary; and (iv) the District finds that the requested extension of service is environmentally superior than service through on-site facilities.

(Ord. No. 2010-263, Exh. A, 7-7-2010; Ord. No. 2014-72, § 1, 11-19-2014)

If any provision of this title is invalidated by any court of competent jurisdiction, the remaining provision shall not be affected and shall continue in full force and effect.

(Ord. No. 2010-263, Exh. A, 7-7-2010)