Resolution 2221
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RESOLUTION NO. 2 2 2 1
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ESTABLISHING AN INDUSTRIAL WASTEWATER PRE-TREATMENT
PROGRAM AND RULES AND REGULATIONS THEREFORE
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY
DISTRICT THAT SOUTH TAHOE PUBLIC UTILITY DISTRICT ESTABLISH THE FOLLOWING
INDUSTRIAL WASTEWATER TREATMENT PROGRAM AND RULES AND REGULATIONS THEREFORE:
SECTION 1 - GENERAL PROVISIONS
1.1 Purpose and Policy
This Resolution sets forth uniform requirements for direct and indirect contrib-
utors into the wastewater collection and treatment system for the South Tahoe
Public Utility District and enables the District to comply with all applicable
State and Federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR, Part 403).
The objectives of this Resolution are:
(a) To prevent the introduction of pollutants into the municipal wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge;
(b) To prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system, inadequately treated, into
receiving waters or the atmosphere or otherwise be incompatible with the
system;
(c) To improve the opportunity to recycle and reclaim wastewaters and sludges
from the system; and
(d) To provide for equitable distribution of the cost of the municipal waste-
water system.
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This Resolution provides for the regulation of direct and indirect contributors
to the municipal wastewater system through the issuance of permits to certain
nondomestic users and through enforcement of general requirements for the other
users, authorizes monitoring and enforcement activities, requires user reporting,
and provides for the setting of fees for the equitable distribution of costs
resulting from the program established herein.
This Resolution shall apply to the South Tahoe Public Utility District and to
persons outside the District who are, by contract or agreement with the District,
Users of the District POTW. Except as otherwise provided herein, the General
Manager of the South Tahoe Public Utility District shall administer, implement,
and enforce the provisions of this Resolution.
1.2 Definitions
Unless the context specifically indicates otherwise, the following terms and
phrases, as used in this Resolution shall have the meanings ascribed to them as
follows:
(1) Act or "the Act": The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
(2) Approval Authority: The Executive Officer of the California Regional Water
Quality Control Board - Lahontan Region and, for final approval, the
Regional Administrator of EPA.
(3) Authorized Representative of Industrial User: An authorized representative
of an Industrial User may be: (a) A principal executive officer of at least
the level of vice-president, if the Industrial User is a corporation; (b) A
general partner or proprietor if the Industrial User is a partnership or
proprietorship, respectively; (c) A duly authorized representative of the
individual designated above if such representative is responsible for the
overall operation of the facilities from which the indirect discharge
originates.
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(4) Biochemical Oxygen Demand (BOD) : The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure,
five (5) days at 200 centigrade expressed in terms of weight and concentra-
tion (milligrams per liter [mg/11).
(5) Board of Directors: Governing body of the South Tahoe Public Utility
District.
(6) Cooling Water: The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat.
(7) Control Authority: The term "control authority" shall refer to the "Approval
Authority," defined hereinabove; or the District General Manager if the
District has an approved Pretreatment Program under the provisions of 40
CFR, 403.11.
(8) Direct Discharge: The discharge of treated or untreated wastewater directly
to the waters of the State of California.
(9) District: The South Tahoe Public Utility District.
(10) Environmental Protection Agency, or EPA: The U.S. Environmental Protection
Agency, or where appropriate the term may also be used as a designation for
the Administrator or other duly authorized official of said agency.
(11) Holding Tank Waste: Any waste from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(12) Indirect Discharge: The discharge or the introduction of nondomestic
pollutants from any source regulated under section 307(b) or (c) of the Act,
(33 U.S.C. 1317), into the POTW (including holding tank waste discharged
into the system).
(13) Industrial User: A source of Indirect Discharge which does not consitute a
"discharge of pollutants" under regulations issued pursuant to section 402,
of the Act. (33 U. SX. 1342).
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(14) Interference: The inhibition or disruption of the POTW treatment processes
1~ or operations which contributes to a violation of any requirement of the
~r District's NPDES Permit. The term includes prevention of sewage sludge use
or disposal by the POTW in accordance with Section 405 of the Act, (33
U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant
to the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the
Toxic Substances Control Act, or more stringent state criteria (including
those contained in any state sludge management plan prepared pursuant to
Title IV of the Solid Waste Disposal Act) applicable to the method of
disposal-or use employed by the POTW.
(15) National Categorical Pretreatment Standard or Pretreatment Standard: Any
regulation containing pollutant discharge limits promulgated by the EPA in
accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which
applies to a specific category of Industrial Users.
(16) National Prohibitive Discharge Standard or Prohibitive Discharge Standard:
Any regulation developed under the authority of 307(b) of the Act and 40
%W CFR, Section 403.5.
(17) New Source: Any source, the construction of which is commenced after the
publication of proposed regulations prescribing a section 307(c) (33 U.S.C.
1317) Categorical Pretreatment Standard which will be applicable to such
source, if such standard is thereafter promulgated within 120 days of
proposal in the Federal Register. Where the standard is promulgated later
than 120 days after proposal, a new source means any source, the construc-
tion of which is commenced after the date of promulgation of the standard.
(18) National Pollutant Discharge Elimination System or NPDES Permit: A permit
issued pursuant to Section 402 of the Act. (33 U.S.C. 1342).
(19) Person: Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other assigns. The masculine gender shall include all
feminine, the singular stall include the plural where indicated by the
context.
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(20) pH: The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in moles per liter of solution.
(21) Pollution: The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
(22) Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewer sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste discharged
into water.
(23) Pretreatment or Treatment: The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing such pollutants into a POTW. The
reduction or alteration can be obtained by physical, chemical or biological
processes, or by other means, except as prohibited by 40 CFR Section
403.6(d).
(24) Pretreatment Requirements: Any substantive or procedural requirement related
to pretreatment, other than a National Categorical Pretreatment Standard
imposed on an industrial user.
(25) Publicly Owned Treatment Works (POTW): A treatment works as defined by
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section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by
the District. This definition includes any sewers that convey wastewater to
the POTW treatment plant, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment. For the }
purposes of this ordinance, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside the District who are, by
contract or agreement with the District, users of the District's POTW.
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(26) POTW Treatment Plant: That portion of the POTW designed to provide treatment
of wastewater.
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(27) SHALL is mandatory; MAY is permissive.
(28) Significant Industrial User: Any Industrial User of the District's
wastewater disposal system who (a) has a discharge average flow of 25,000
gallons or more per average work day, or (b) has a flow greater than 5
percent of the flow in the District's wastewater treatment system, or (c)
has in his wastes toxic pollutants as defined pursuant to Section 307 of the
Act or State Statutes and rules or (d) is found by the District, State or
the U.S. Environmental Protection Agency (EPA) to have significant impact,
either singly or in combination with other contributing industries, on the
wastewater treatment system, the quality of sludge, the system's effluent
quality, or air emissions generated by the system.
(29) State: State of California.
(30) Standard Industrial Classification (SIC): A classification pursuant to the
Standard Industrial Classification Manual issued by the Executive Office of
the President, Office of Management and Budget, 1972.
(31) Storm Water: Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
(32) Suspended Solids: The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater or other liquids, and which is
removable by laboratory filtering.
(33) District General Manager: The person designated by the District to supervise
the overall operation of the publicly owned treatment works and who is
charged with certain duties and responsibilities by this article, or his
duly authorized representative.
(34) Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic
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in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307(a).
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(35) User: Any person who contributes, causes or permits the contribution of
wastewater into the District's POTW.
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(36) Wastewater: The liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilties, and institutions,
whether treated or untreated, which is contributed into or permitted to
enter the POTW.
(37) Waters of the State: All streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drain-
age systems and all other bodies or accumulations of water, surface or
underground, natural or artifical, public or private, which are contained
within, flow through, or border upon the State or any portion thereof.
(38) Wastewater Contribution Permit: As set forth in Section 4 of this
Ordinance.
1.3 Abbreviations
The following abbreviations shall have the designated meanings ascribed to them
as follows:
(a) HOD means Biochemical Oxygen Demand
(b) CFR means Code of Federal Regulations
(c) COD means Chemical Oxygen Demand
(d) CWA means Clean Water Act
(e) EPA means Environmental Protection Agency
(f) 1 means Liter
(g) mg means Milligrams
(h) mg/l means Milligrams per Liter
(i) NPDES means National Pollutant Discharge Elimination System
(j) POTW means Publicly Owned Treatment Works
(k) RCRA means Resource Conservation and Recovery Act
(1) SIC means Standard Industrial Classification
(m) USC means United States Code
(n) TSS means Total Suspended Solids
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SECTION 2 - REGULATIONS
2.1 General Discharge Prohibitions
No User shall contribute or cause to be contributed, directly or indirectly, any
pollutant or wastewater which will interfere with the operation or performance of
the POTW. These general prohibitions apply to all such Users of a POTW whether or
not the User is subject to National Categorical Pretreatment Standards or
Requirements. A User may not contribute the following substances to any POTW:
(a) Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other way to
the POTW or to the operation of the POTW. At no time shall two successive
readings, immediately following each other, on an explosion hazard meter, at
the point of discharge into the system (or at any point in the system) be
more than five percent (5%) nor any single reading over ten percent (10%) of
the Lower Explosive Limit MEL) of the meter. Prohibited materials include,
but are not limited to, gasoline, kerosene, naphtha, benzene, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any
other substances determined to be a fire hazard to the system.
(b) Solid or viscous substances which may cause obstruction to the flow in a
sewer or other interference with the operation of the wastewater treatment
facilities such as, but not limited to: grease, garbage with particles
greater than one-half inch (1/2") in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings, entrails, whole blood,
feathers, lint, ashes, cinders, sand, lime, stone or marble dust, metal,
glass, straw, shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, gas, tar, asphalt residues, residues from
refining, or processing of fuel or lubricating oil, mud, or glass grinding
or polishing wastes.
(c) Any wastewater having a pH less than 5.0, or wastewater having any other
corrosive property capable of causing damage or hazard to structures, equip-
went, and/or personnel of the POTW.
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(d) Any wastewater containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to injure or interfere with
any wastewater treatment process, constitute a hazard to humans or animals,
create a toxic effect in the receiving waters of the POTW, or to exceed the
limitation set forth in a National Categorical Pretreatment Standard.
(e) Any noxious or malodorous liquids, gases, solids or any other wastewater
which either singly or by interaction with other wastes are sufficient to
create a public nuisance or hazard to human life or are sufficient to
prevent entry into the sewers for maintenance and repair.
(f) Any substance which may contribute to the POTW's effluent or any other
product of the POTW such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process. In
no case, shall a substance discharged to the POTW contribute to the POTW to
be in noncompliance with sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act; any criteria, guide-
lines, or regulations affecting sludge use or disposal developed pursuant to
the Resource Conservation and Recovery Act, the Clean Air Act, the Toxic
'taw Substances Control Act, or State criteria applicable to the sludge manage-
ment method being used.
(g) Any substance which will contribute to the POTW's violation of its NPDES
Permit or the receiving water quality standards.
(h) Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(i) Any wastewater having a temperature which will inhibit biological activity
in the POTW treatment plant resulting in Interference or causing damage, but
in no case heat in such quantities that the temperature exceeds 650C (1500F)
at the POTW and 400C (1040F) at the POTW treatment plant. Also, temperature
of effluent entering the sewers, pipes, or other conveyances leading to the
POTW shall not exceed 650C (1500F).
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(j) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released
at a flow rate and/or pollutant concentration which a User knows or should
have reason to know will contribute to Interference to the POTW. Discharge
flow rates and concentrations or quantities of pollutants shall not exceed
at any time flows and concentrations or quantities that are twice those
designated by the National Categorical Pretreatment Standards.
(k) Any wastes containing objectionable materials toxic to humans, animals, the
local environment or to, biological or other wastewater treatment
processes.
(1) Any wastewater containing any radioactive wastes or isotopes of such
halflife or concentration as may exceed limits established by the District
General Manager in compliance with applicable State or Federal regulations.
When the District General manager determines that a User(s) is contributing to
the POTW, any of the above listed substances in such amounts as to result in an
Interference with the operation of the POTW, the District General Manager shall:
1) Advise the User(s) of the impact of the discharges on the POTW; and 2) Develop
effluent limitation(s) for such User to correct the Interference with the POTW.
2.2 Federal Categorical Pretreatment Standards
Upon the promulgation of the Federal Categorical Pretreatment Standards for a
particular industrial subcategory, the Federal Standard, if more stringent than
limitations imposed under this Resolution for sources in that subcategory, shall
immediately supersede the limitations imposed under this Resolution.
2.3 State Requirements
State requirements and limitations on discharges into the POTW shall apply in any
case where they are more stringent than Federal requirements and limitations or
those in this Resolution.
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2.4 District's Right of Revision
The District reserves the right to establish by Resolution more stringent
limitations or requirements on discharges to the POTW if deemed necessary to
comply with the objectives presented in Section 1 of this Resolution.
2.5 Excessive Discharge
No User shall ever 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 the limitations contained in the National Categorical
Pretreatment Standards, or in any other pollutant-specific limitation developed
by the District or State.
2.6 Accidental Discharges
Protection against accidental discharges shall be provided in the following
manner:
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(a) Each User shall provide protection from accidental discharge of pollutants
or other substances regulated by this Ordinance. Facilities to prevent
accidental discharge of pollutants shall be provided and maintained at the
owner or User's own cost and expense. A description of the accident preven-
tion facility and/or the procedures to follow in the event of an accidental
spill shall be submitted to the District General Manager for review, and
shall be approved. All existing Users shall complete such a description by
January 1, 1983. No User who commences contribution to the POTW after the
effective date of this Ordinance shall be permitted to introduce pollutants
into the system until accidental discharge procedures have been approved by
the District General Manager. Review and approval of such plans and opera-
ting procedures shall not relieve the industrial User from the responsibi-
lity to modify the User's facility as necessary to meet the requirements of
this Ordinance. In the case of an accidental discharge, it is the responsi-
bility of the User to immediately telephone and notify the South Tahoe 1
Public Utility District of the incident. The notification shall include j
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location of discharge, type of waste, concentration and volume, and
corrective actions.
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(b) Each User shall take all immediate actions to correct the problems or
reasonable steps to minimize the problems until corrective action can be
taken.
(c) Within five (5) days following an accidental discharge; the User shall
submit to the District General Manager a detailed written report describing
the cause of the discharge and the measures to be taken by the User to
prevent similar 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 POTW, fish kills, or any other damage to person
or property; nor shall such notification relieve the User of any fines,
civil penalties, or other liability which may be imposed by this article or
other applicable law.
(d) A notice shall be permanently posted on the User's bulletin board or other
prominent place advising employees whom to call in the event of an acciden-
tal discharge. Employers shall ensure that all employees who may cause or
suffer such an accidental discharge to occur are advised of the emergency
notification procedure.
(e) Under no circumstances shall a batch or load dumping be construed to be an
accidental spill.
SECTION 3 - FEES
3.1 Purpose
It is the purpose of this Resolution to provide for the recovery of costs from
Users of the POTW for the implementation of the program established herein. The
applicable charges or fees shall be set forth in the District's Schedule of
Charges and Fees.
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3.2 Charges and Fees
The District may adopt reasonable charges and fees which may include:
(a) Fees for reimbursement of costs of setting up and operating the District's
Pretreatment Program;
(b) Fees for monitoring, inspections and surveilance procedures;
(c) Fees for reviewing accidental discharge procedures and construction;
(d) Fees for permit applications;
(e) Fees for filing appeals;
(f) Other fees as the District may deem necessary to carry out the requirements
contained herein.
(g) Fees for containment and cleanup of accidental discharges.
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These fees relate solely to the matters covered by this Resolution and are
separate from all other fees chargeable by the District.
SECTION 4 - ADMINISTRATION
4.1 Wastewater Dischargers
It shall be unlawful to discharge without a District permit to any natural outlet
to waters of the State within the South Tahoe Public Utility District, or in any
area under the jurisdiction of said District, and/or to the POTW any wastewater
except as authorized by the District General Manager in accordance with the
provisions of this Resolution.
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4.2 Wastewater Contribution Permits
Wastewater Contribution Permits shall be required, as follows:
4.2.1 General Permits
All Industrial Users proposing to connect to or to contribute to the POTW
may be required to obtain a Wastewater Contribution Permit before connecting
to or contributing to the POTW. All existing Industrial Users connected to
or contributing to the POTW may be required to obtain a Wastewater Contribu-
tion Permit within 180 days after the effective date of this Ordinance.
Commercial buildings with no industrial activity such as hotels, office
buildings and other domestic Users are exempt from obtaining Wastewater
Contribution Permits.
4.2.2 Permit Application
Users required to obtain a Wastewater Contribution Permit shall complete and
%W file with the District, an application in the form prescribed by the Dis-
trict, and accompanied by a fee of $25.00. Existing Users shall apply for a
Wastewater Contribution Permit within 60 days after the effective date of
this Ordinance, and proposed new Users shall apply at least 60 days prior to
connecting to or contributing to the POTW. In support of the application,
the User shall submit, in units and terms appropriate for evaluation, the
following information:
(a) Name, address, and location, (if different from the address);
(b) The nature, average rate of production, and standard industrial classi-
fication of the operation;
(c) Wastewater constituents and characteristics including but not limited
to those mentioned in Section 2 of this Ordinance as determined by an
analytical laboratory; sampling and analysis shall be performed in
accordance with procedures established by the EPA pursuant to Section
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304(g) of the Act and contained in 40 CFR, Part 136, as amended; or any
other method or procedures approved by the Administrator;
(d) Time and duration of contribution;
(e) The measured average and maximum flow of the discharge from such
Industrial User to the POTW, in gallons per day, or, where approved by
the District General Manager due to cost or feasibility considerations,
the average and maximum flow of the discharge as estimated by
verifiable techniques;
(f) Schematic diagram illustrating discharge and connection locations to
the POTW with sampling points identified. Sizes of appurtenances will
also be included;
(g) General description of activities, facilities and plant processes which
discharge wastes on the premises including all materials which are or
could be discharged;
(h) A statement, reviewed by an authorized representative of the Industrial
User and certified to by a qualified professional, indicating whether
Pretreatment Standards are being met on a consistent basis and if not,
whether additional operation and maintenance (O&M) and/or additional
pretreatment is required for the Industrial User to meet the Pretreat-
ment Standards and Requirements;
(i) If additional pretreatment and/or O&M will be required to meet the
Pretreatment Standards; the shortest schedule by which the User will
provide such additional pretreatment. The completion date in this
schedule shall not be later than the compliance date established for
the applicable Pretreatment Standard:
The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events leading to
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the construction and operation of additional pretreatment required for
the User to meet the applicable Pretreatment Standards (e.g., hiring an
engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction,
completing construction, etc.).
(2) No increment referred to in paragraph (1) shall exceed 9 months
unless good cause under extraordinary circumstances is shown.
(3) Not later than 14 days following each date in the schedule and the
final date for compliance, the User shall submit a progress report to
the District General Manager including, as a minimum, whether or not it
complied with the increment of progress to be met on such date and, if
not, the date on which it expects to comply with this increment of
progress, the reason for delay, and the steps being taken by the User
to return the construction to the schedule established. In no event
shall more than 9 months elapse between such progress reports to the
District General Manager.
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(j) Each product produced by type, amount, process or processes and rate of
production;
(k) Type and amount of raw materials processed (average and maximum per
day);
(1) Hours of operation of plant and proposed or actual hours of operation
of pretreatment system;
The District will evaluate the data furnished by the User and may require
additional information. After evaluation of all data required to be
furnished, the District may issue a Wastewater Contribution Permit subject
to terms and conditions provided herein.
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4.2.3 Permit Modifications
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Within 9 months of the promulgation of a National Categorical Pretreatment
Standard, the Wastewater Contribution Permit of Users subject to such
standards shall be revised to require compliance with such standard within
the time frame prescribed by such standard. In addition, where a User,
subject to a National Categorical Pretreatment Standard, has not previously
submitted an application for a Wastewater Contribution Permit, the User
shall apply for a Wastewater Contribution Permit within 180 days after the
promulgation of the Applicable National Categorical Pretreatment Standard.
The User with an existing Wastewater Contribution Permit shall submit to the
District General Manager within 180 days after the promulgation of an
applicable National Categorical Pretreatment Standard the information
required by paragraphs (h) and (i) of Subsection 4.2.2.
4.2.4 Permit Conditions
Wastewater Contribution Permits shall be expressly subject to all provisions
~r1r of this Resolution and all other applicable regulations, User charges and
fees established by the District. Permits may contain the following:
(a) The unit charge or shedule of User charges and fees for the wastewater
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to be discharged into the POTW;
(b) Limits on the average and maximum wastewater constituents and
characteristics;
(c) Limits on average and maximum rate and time of discharge or
requirements for flow regulation and equalization.
(d) Requirements for installation and maintenance of inspection and
sampling facilities. All domestic or sanitary wastewaters from
restrooms, showers, drinking fountains, etc., shall be kept separate
from all industrial wastewaters until the industrial wastewaters have
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passed though any required pretreatment system or device. A control
manhole of a design approved by the District Engineer shall be
%W furnished and installed by certain designated industrial wastewater
dischargers to facilitate inspection, sampling, and flow measurements
by personnel of the District;
(e) Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for tests
and reporting schedule;
(f) Compliance schedules;
(g) Requirements for submission of technical reports or discharge reports;
(h) Requirements for maintaining and retaining plant records relating to
wastewater discharge as specified by the District, and affording
District access thereto;
(i) Requirements for notification of the District of any new introduction
of wastewater constituents or any substantial change in the volume or
character of the wastewater consituents being introduced into the
wastewater treatment system.
(j) Other conditions as deemed appropriate by the District to ensure
compliance with this Ordinance.
4.2.5 Permit Duration
Permits shall be issued for a specified time period, not to exceed two (2)
years. A permit may be issued for a period less than a year or may be stated
to expire on a specific date. The User shall apply for permit reissuance a
minimum of 180 days prior to the expiration of the User's existing permit.
The terms and conditions of the permit may be subject to modification by the
District during the term of the permit as limitations or requirements as
identified in Section 2 of this Resolution are modified or other just cause
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exists. The User shall be informed of any proposed changes in his permit at
least 30 days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule for
compliance.
4.2.6 Permit Transfer
Wastewater Contribution Permits are issued to a specific User for a specific
operation. A wastewater discharge permit shall not be assigned or trans-
ferred or sold to a new owner, new User, different premises, or a new or
changed operation without the approval of the District. Any succeeding owner
or User shall prompty apply for a new permit and also comply with the terms
and conditions of the existing permit until a new permit is issued.
4.3 Reporting Requirements for Permittee
Each User shall file compliance reports in the manner and at the time as
follows:
4.3.1 Compliance Date Report
Within 90 days following the date for final compliance with applicable
Pretreatment Standards or, in the case of a New Source, immediately follow-
ing commencement of the introduction of wastewater into the POTW, any User
subject to Pretreatment Standards and Requirements shall submit to the
District General Manager a report indicating the nature and concentration of
all pollutants in the discharge from the regulated process which are limited
by Pretreatment Standards and Requirements and the average and maximum daily
flow for those process units in the User facility which are limited by such
Pretreatment Standards or Requirements. The report shall state whether the
applicable Pretreatment Standards or Requirements are being met on a
consistent basis and, if not, what additional O&M and/or pretreatment is
necessary to bring the User into complicance with the applicable Pretreat-
ment Standards or Requirements. This statement shall be signed by an author-
ized representative of the Industrial User, and certified to by a qualified
+rr professional.
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4.3.2 Periodic Compliance Reports
(a) Any User subject to a Pretreatment Standard, after the compliance date
of such Pretreatment Standard, or, in the case of a New Source, after
commencement of the discharge into the POTW, shall submit to the
District General Manager during the months of June and December, unless
required more frequently in the Pretreatment Standard or by the
District General Manager, a report indicating the nature and concentra-
tion, of pollutants in the effluent which are limited by such Pretreat-
ment Standards. In addition, this report shall include a record of all
daily flows (may be estimated) which during the reporting period
exceeded the average daily flow reported in Subsection 4.3.1. At the
discretion of the District General Manager and in consideration of such
factors as local high or low flow rates, holidays, budget cycles, etc.,
the District General Manager may agree to alter the months during which
the above reports are to be submitted.
{b) The District General Manager may impose mass limitations on Users which
are using dilution to meet applicable Pretreatment Standards or
Requirements, or in other cases where the imposition of mass limita-
tions is appropriate. In such cases, the report required by Paragraph
(a) of Subsection 4.3.2 shall indicate the mass of pollutants regulated
by Pretreatment Standards in the effluent of the User. These reports
shall contain, the results of sampling and analysis of the discharge,
including the flow and the nature and concentration, or production and
mass where requested by the District General Manager, of pollutants
contained therein which are limited by the applicable Pretreatment
Standards. The frequency of monitoring shall be prescribed in the
applicable Pretreatment Standard. All analyses shall be performed in
accordance with procedures established by the' U.S. EPA Administrator
pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136
and amendments thereto or with any other methods or procedures approved
by the Administrator.
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4.4 Monitoring Facilities
vow
The District may require to be provided and operated at the User's own expense,
monitoring facilities to allow inspection, sampling, and flow measurement of the
building sewer and/or internal drainage systems. The monitoring facility should
normally be situated on the User's premises, but the District may, when such a
location would be impractical or cause undue hardship on the User, allow the
facility to be constructed in the public street or sidewalk area and located so
that it will not be obstructed by landscaping or parked vehicles.
The District may require ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis. The District
may require the facility, sampling, and measuring equipment be maintained at all
times in a safe and proper operating condition at the expense of the User.
Whether constructed on public or private property, the sampling and monitoring
facilities shall be provided in accordance with the District's requirements and
all applicable local construction standards and specifications. Construction
shall be completed within 90 days following written notification by the
District.
4.5 Inspection and Sampling
The District shall inspect the facilities of any User to ascertain whether the
purpose of this Resolution is being met and all requirements are being complied
with. Persons or occupants of premises where wastewater is created or discharged
shall allow the District or their representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection, sampling,
records examination, or in the performance of any of their duties. The District,
Approval Authority and EPA shall have the right to set up on the User's property
such devices as are necessary to conduct sampling inspection, compliance monitor-
ing and/or metering operations. 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
~r
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,.saa
District, Approval Authority and EPA will be permitted to enter, without delay,
for the purposes of performing their specific responsibilities.
4.6 Pretreatment
Users shall provide necessary wastewater treatment as required to comply with
this Resolution and shall achieve compliance with all National Categorical Pre-
treatment Standards within the time limitations as specified by the Federal Pre-
treatment Regulations. Any facilities required to pretreat wastewater to a level
acceptable to the District shall be provided, operated, and maintained at the
User's expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the District for review. The review of such
plans and operating procedures will in no way relieve the User from the responsi-
bility of modifying the facility as necessary to produce an effluent acceptable
to the District under the provisions of this Ordinance. Any subsequent changes in
the pretreatment facilities or method of operation shall be reported to and be
acceptable to the District prior to the User's initiation of the changes.
The District shall annually publish in the Tahoe Daily Tribune newspaper a list
of the Users which were not in compliance with any Pretreatment Standards or
Requirements at least once during the 12 previous months. The notification shall
also summarize any enforcement actions taken against the User(s) during the same
12 months.
All records relating to compliance with Pretreatment Standards shall be made
available to officials of the EPA or Approval Authority upon request.
4.7 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 District that the release of such information would divulge information,
.
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processes or methods of production entitled to protection as trade secrets of the
User.
(a) When requested by the person furnishing a report, the portions of a 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,
the National Pollutant Discharge Elimination System (NPDES) Permit, and/or
the State Pretreatment Programs; provided, however, that such portions of a
report shall be available for use by the State or any state agency in judi-
cial review or enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics shall not be recognized
as confidential information.
SECTION 5 - ENFORCEMENT
5.1 Harmful Contributions
The District may suspend the wastewater treatment service and/or a Wastewater
,%W Contribution Permit when such suspension is necessary, in the opinion of the
District or the District General Manager, in order to stop an actual or threat-
ened discharge which presents or may present an imminent or substantial endanger-
ment to the health or welfare of persons or to the environment, or which causes
Interference to the POTW or causes the District to violate any condition of its
NPDES Permit or other applicable waste discharge requirements.
Any person notified of a suspension of the wastewater treatment service and/or
the Wastewater Contribution Permit shall immediately stop or eliminate the con-
tribution. In the event of a failure of the person to comply voluntarily with the
suspension order, the District shall take such steps as deemed necessary includ-
ing immediate severance of the sewer connection, to prevent or minimize damage to
the POTW system or endangerment to any individuals. The District shall reinstate
the Wastewater Contribution Permit and/or the wastewater treatment service upon
proof of the elimination of the noncomplying discharge. A detailed written state-
ment submitted by the User describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence shall be submitted to the
Aw District within 15 days of the date of occurrence.
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1
5.2 Revocation of Permit
Any User who violates the following conditions of this Resolution, or applicable
state and federal regulations, is subject to having his permit revoked in
accordance with the procedures of Section 5 of this Ordinance:
(a) Failure of a User to factually report the wastewater constituents and char-
acteristics of his discharge;
(b) Failure of the User to report significant changes in operations, or waste-
water constituents and characteristics;
(c) Refusal of reasonable access to the User's premises for the purpose of
inspection or monitoring; or,
(d) Violation of conditions of the permit.
5.3 Notification of Violation
Whenever the District finds that any User has violated or is violating this Ordi-
nance, or its Wastewater Contribution Permit, the District may serve upon such
person a written notice stating the nature of the violation. Within 30 days of
the date of the notice, a plan for the satisfactory correction thereof shall be
submitted to the District by the User.
5.4 Show Cause Hearing
5.4. 1
The District may order any User who causes or allows an unauthorized dis-
charge to enter the POTW to show cause before the Board of Directors or
their designee why the proposed enforcement action should not be taken. A
notice shall be served on the User specifying the time and place of a hear-
ing to be held by the Board of Directors or their designee regarding the
violation, the reasons why the action is to be taken, the proposed
'fir
24
enforcement action, and directing the User to show cause before the Board of
Directors or their designee why the proposed enforcement action should not
low
be taken. The notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested) at least 10 (ten)
days before the hearing. Service may be made on any agent or officer of a
corporation.
5.4.2
The Board of Directors may itself conduct the hearing and take the evidence,
or may designate any of its members or any officer or employee of the South
Tahoe Public Utility District to:
(a) Issue in the name of the Board of Directors notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings;
(b) Take the evidence;
low
(c) Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Board of
Directors for action thereon.
5.4.3
At any hearing held pursuant to this Resolution, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded, will
be made available to any member of the public or any party to the hearing
upon payment of the usual charges thereof.
5.4.4
After the Board of Directors has reviewed the evidence, it may issue an
order to the User responsible for the discharge directing that, following a
specified time period, the sewer service be discontinued unless adequate
*AW
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I
t
treatment facilities, devices or other related appurtenances shall have been
installed on existing treatment facilities, or unless devices or other
related appurtenances are properly operated in compliance with this Ordi-
nance. Further orders and directives as are necessary and appropriate may be
issued.
5.5 Legal Action
If any person discharges sewage, industrial wastes or other wastes into the Dis-
trict's POTW contrary to the provisions of this Resolution, Federal or State
Pretreatment Requirements, or any order of the District, and any Permit issued
hereunder, the District may commence an action for appropriate legal and/or
equitable relief in a court of competent jurisdiction in California.
SECTION 6 - PENALTY: COSTS
6.1 Civil Recovery
°W The District may recover reasonable attorneys' fees, court costs, and all admin-
istrative and expert expenses of litigation in an appropriate legal action at law
and/or in equity against any person or any User who is found to have violated an
Order of the Board of Directors or who willfully or negligently failed to comply
with any provision of this Resolution, and the orders, rules, regulations and
permits issued hereunder.
6.2 Falsifying Information
Any person who knowingly makes any false statements, representation or certifica-
tion in any application, record, report, plan or other document filed or required
to be maintained pursuant to this Resolution or Wastewater Contribution Permit,
or who falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this Resolution, a finding thereof pursuant to
the hearing procedures set forth in Section 5.3 of this Resolution, shall have
his sewer service disconnected for a period of six (6) months.
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SECTION 7 - SEVERABILITY
't` If any section, subsection, subdivision, paragraph, sentence, clause or phrase in
this Resolution or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Resolution or any part thereof. The Board of Directors
of the South Tahoe Public Utility District hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase thereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional, invalid or ineffective.
PASSED, ADOPTED AND APPROVED this 16th day of July, 1981 by the following vote:
VOTING "AYE" Directors: OLSON, KASHUBA, WYNN, JONES AND MADDEN
VOTING "NAY" Directors: NONE
Aw
ABSENT: NONE
Walter Neal Olson
President, Board of Directors'
South Tahoe Public Utility District
ATTEST:
Z'CZ
Mary D. 71ro e
Clerk of the South Tahoe Public Utility District
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