west valley sanitation district · 10/8/2014 · west valley sanitation district . of santa clara...

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WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, CALIFORNIA

AGENDA

BOARD OF DIRECTORS REGULAR MEETING

6:00 p.m., Wednesday, October 8, 2014

District Office -- 100 East Sunnyoaks Avenue

Campbell, California (408) 378-2407

Pursuant to California Government Code section 54953, members of the Board of Directors may attend this meeting via teleconference. Members of the public may attend and participate either at the address given above, or at the teleconference location: InterContinental The Clement Monterey, 750 Cannery Row, Monterey, CA 93940. Board member Yeager will attend by teleconference at this location. Chairperson: Evan Low Vice-Chairperson: Steven Leonardis Staff Recommendation 1. Roll Call. Confirm Quorum 2. Approval of minutes of previous meeting. Action

Staff Recommendation: Approve the minutes of the regular meeting of the Board of Directors of September 10, 2014. ORAL COMMUNICATIONS Information 3. This portion of the meeting is reserved for persons wishing to address the Board on any matter not on the agenda. WRITTEN COMMUNICATIONS Information 4. Receipt of letter from Equity Office on the Pruneyard Shopping Center.

REPORTS Action

5. San Jose/Santa Clara Regional Wastewater Facility: Minutes of the

August 14, 2014 regular meeting of the Treatment Plant Advisory Committee.

Staff Recommendation: Accept the report. UNFINISHED BUSINESS

6. None. All items on the agenda are subject to action or change by the Board of Directors. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the District Secretary at (408) 378-2407.

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WVSD Agenda October 8, 2014 (Continued)

PUBLIC HEARINGS

7. None. CONSENT CALENDAR Action

8. Approval of payment of invoices, September 11, 2014 – October 8, 2014.

Staff Recommendation: Approve the payment of invoices. NEW BUSINESS Action

9. Final Budget for Fiscal Year 2014-2015.

Staff Recommendation: Accept the amendments and approve the Final Budget for Fiscal Year 2014-2015. 10. Revisions to District Ordinance Code.

Staff Recommendation: A. Introduction and first reading of ORDINANCE NO. 145, AN ORDINANCE OF THE WEST VALLEY SANITATION DISTRICT BOARD OF DIRECTORS AMENDING CHAPTERS 1, 6, AND 7 OF THE DISTRICT’S ORDINANCE CODE to bring the Code into compliance with the requirements of the San Jose/Santa Clara Water Pollution Control Plant and to clarify and update design, construction, and maintenance requirements for sewer systems within the District. B. Schedule second reading and adoption of Ordinance No. 145 for November 12, 2014. CLOSED SESSION

11. Conference with Legal Counsel – Anticipated Litigation Significant

exposure to litigation pursuant to Government Code section 54956.9(b)(1). Number of Potential Cases: 1

RECONVENE IN OPEN SESSION Information

12. Reconvene in open session and report on items discussed in closed session.

DIRECTORS' ITEMS Information 13. Directors’ reports, announcements, and questions. 14. District Manager’s report.

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WVSD Agenda October 8, 2014 (Continued) ADJOURNMENT 15. Adjournment. (Next meeting is scheduled for November 12, 2014.)

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AGENDA ITEM NO. 2 9 10/08/14


BOARD OF DIRECTORS MEETING

September 10, 2014

The Board of Directors of West Valley Sanitation District of Santa Clara County, California, convenes this day in regular session at 6:00 p.m. at the district office, 100 East Sunnyoaks Avenue, Campbell, California. Roll Call 1. Present: Directors: Marshall Anstandig, Chuck Page, and Ken Yeager. The meeting is

chaired by Vice-Chairperson Steven Leonardis. Absent: Evan Low, Chairperson. Staff: Jon Newby, District Manager and Engineer; Edward H. Oyama, Director of Engineering and Operations; Sarah Quiter, Deputy District Counsel; and Lesha Luu, Secretary.

Approval of Minutes of Previous Meeting 2. Approve the minutes of the regular meeting of the Board of Directors of August 27, 2014.

Mover/Seconder: Yeager/Page to approve the minutes of the previous meeting. Motion passed unanimously.

Oral Communications

3. None. Written Communications 4. None.

Reports 5. California Association of Sanitation Agencies – Report of annual conference held on August

20-22, 2014. Mover/Seconder: Page/Yeager to approve the report of CASA’s annual conference held on August 20-22, 2014.

Unfinished Business 6. None



September 10, 2014

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Public Hearings 7. None Consent Calendar (Items to be taken in one motion) 8. Approval of payment of invoices, August 28, 2014 – September 10, 2014. 9. Accepting Sewerage System Situated within West Valley Sanitation District of Santa Clara

County. Adopt Resolution No. 14.09.21, RESOLUTION ACCEPTING SEWERAGE SYSTEM INSTALLED BY MTNRMT, LLC, AND SITUATED WITHIN THE WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY, STATE OF CALIFORNIA, described as:

Sanitary Sewer Extension: Tract 10168 APNs: 517-18-066 thru 070 (formerly APN 517-18-048) Location: 20400 Hill Avenue, Saratoga Constructed by: MTNRMT, LLC Mover/Seconder: Yeager/Anstandig to approve Consent Calendar items 8-9. Motion passed

unanimously. Item 10 was removed from Consent Calendar for separate vote. 10. Quito Basin 5 & 7, Area 2 Sanitary Sewer Rehabilitation Project. Authorize staff to issue

Amendment 1 to Task Order 13-01 to Brown and Caldwell for additional engineering services during construction, in the amount of $30,268.00 for a total not-to-exceed amount of $107,404.00. All questions and concerns of Board were satisfied by staff.

Mover/Seconder: Page/Yeager to approve issuance of Amendment 1 to Task Order 13-01 to

Brown and Caldwell for additional engineering services during construction of Quito Basin 5 &7, Area 2 Sanitary Sewer Rehabilitation Project.

New Business 11. None. Closed Session 12. None. Director’s Items



September 10, 2014

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13. Board questions the new update on TPAC’s CIP. District Manager reports it is the beginning of the new fiscal year so expenditures are not yet available. All questions and concerns of Board were satisfied by staff.

14. There is no District Manager’s report. Adjournment 15. There being no further items of business, the meeting was adjourned at 6:06 p.m. The next

board meeting is scheduled for October 8, 2014.

___________________________________ EVAN LOW, CHAIRPERSON

Attest: _________________________ Secretary

AGENDA ITEM NO. ____4____ 10/08/14

AGENDA ITEM NO. ____5____ 10/08/14

Waste Mgmt of Guadalupe Disposal

Agenda Payments for Board Approval

Board Date: 10/8/2014

Agenda Item No. 8

Payment

AmountCheck No Pay Date Vendor Payment Description

31080 9/12/2014 A & D Automatic Gate Co Automatic Gate Maintenance 750.00

31081 9/12/2014 A Tool Shed Inc Equipment Rental 171.40

31082 9/12/2014 Airgas NCN Inc Gloves 250.92

31083 9/12/2014 Alhambra & Sierra Springs WVCWP Office Water 44.88

31084 9/12/2014 Cintas Corporation #630 Protective Clothing 1,013.08

31085 9/12/2014 Civil Engineering Assoc., Inc Blossom Hill / Roberts Rd Project 2,000.00

31086 9/12/2014 County of Santa Clara Recorder Fees-SSAP Releases 46.00

31087 9/12/2014 DKF Solutions Group LLC Safety Management, Training 845.00

31088 9/12/2014 Goodyear Commercial Tire Tires - MV-67 & MV-83 2,636.57

31089 9/12/2014 Home Depot Credit Services Hardware and Supplies 472.38

31090 9/12/2014 Ken Eugene Yeager Expense Reimbursement 644.77

31091 9/12/2014 Killroy Pest Control Inc District Grounds Pest Control 225.00

31092 9/12/2014 Los Gatos Hardware Tools and Supplies 487.15

31093 9/12/2014 Meyers - Nave Legal and Litigation Services 2,832.50

31094 9/12/2014 National Notary Association Notary Insurance 33.00

31095 9/12/2014 OK Fire Equipment Co Annual Fire Extinguisher Maintenance 725.01

31096 9/12/2014 Oldcastle Precast, Inc Manhole Frames and Covers 2,635.64

31097 9/12/2014 Oliver Wright Accounting Services 2,620.00

31098 9/12/2014 Owen Equipment Sales Repair - MV-72 8,686.76

31099 9/12/2014 Owen Equipment Sales Parts - MV-80 368.54

31100 9/12/2014 Pacific Underground Construction Inc Sanitary Sewer Repairs 14,822.11

31101 9/12/2014 San Jose Mercury News Subscription 45.50

31102 9/12/2014 San Jose Water Co Water for Sewer Cleaning 665.61

31103 9/12/2014 San Jose Water Co Fire Service 91.30

31104 9/12/2014 Santa Clara Valley Urban Runoff SCVURPPP FY 14-15 Los Gatos 74,193.00

31105 9/12/2014 Slingshot Connections, LLC WVCWP Temporary Staffing 1,230.21

31106 9/12/2014 Spartan Tool Spartan Parts and Supplies 863.01

31107 9/12/2014 The Lighthouse Inc Light Bar - MV-74 408.43

31108 9/12/2014 US Bancorp Equipment Finance Inc Copier Leases 1,368.94

31109 9/12/2014 Valley Oil Co Gasoline and Diesel Fuel 5,685.05

31110 9/12/2014 Vision Service Plan Employee/COBRA Vision Ins. 506.55

31111 9/12/2014 Trash Disposal 119.67

31112 9/12/2014 West Valley Collection Trash Disposal 140.46

31113 9/12/2014 Winchester Auto Auto Parts and Supplies 244.66

WVSD GL - Board Approval - Payments Thursday, October 02, 2014 Page 1 of 3

Payment

Amount

Employee Contrib: payroll 8/18-9/14/14

Kaiser Foundation Health Plan, Inc



Payment


31114 9/19/2014 CalPERS Retirement: payroll 9/1-9/14/14 24,867.03

31115 9/19/2014 Carpenters Local 2236 Union Dues: payroll 8/18-9/14/14 724.50

31116 9/19/2014 Hartford Life insurance Co Def Comp: payroll 9/1-9/14/14 10,088.96

31117 9/19/2014 State Distribution Unit Garn: payroll 9/1-9/14/14 1,058.77

31118 9/19/2014 State Distribution Unit Garn: payroll 9/1-9/14/14 732.46

31119 9/19/2014 West Valley Sanitation District 48.00

31120 9/26/2014 A Tool Shed Inc Equipment Rental 244.88

31121 9/26/2014 Alan W Anderson Sewer Service Refund 1,406.28

31122 9/26/2014 Biltmore Electric Electrical Repairs 1,045.00

31123 9/26/2014 Brown & Caldwell Trunk Sewer Evaluation Phase 4 2,403.50

31124 9/26/2014 Business Card Misc. Conf. and Office Expense 3,614.59

31125 9/26/2014 Business Card Misc. Conf. and Office Expense 1,525.44

31126 9/26/2014 Capitol Expressway Ford Parts - MV-75 21.78

31127 9/26/2014 Charles E Page Jr Board Meeting Fees 300.00

31128 9/26/2014 City of Monte Sereno WVCWP Facilities Lease 1,000.00

31129 9/26/2014 Civil Engineering Assoc. Inc Blossom Hill/Roberts Rd Sewer Rehab 19.22

31130 9/26/2014 Copyco Business Cards 196.09

31131 9/26/2014 County of Santa Clara Employee/COBRA Dental Insurance 3,129.84

31132 9/26/2014 Crime Alert Monitoring Center Inc Alarm Monitoring 150.00

31133 9/26/2014 CSRMA Insurance Deductible 646.30

31134 9/26/2014 DKF Solutions Group LLC Safety Training 350.00

31135 9/26/2014 Edible Arrangements Refund - Permit Fee 20.00

31136 9/26/2014 Employment Screening Services, Inc Pre-Employment Screening 65.00

31137 9/26/2014 FedEx Shipping 254.64

31138 9/26/2014 Gym Doctors Exercise Equipment Maintenance 120.00

31139 9/26/2014 Health Net of California, Inc Employee Medical Insurance 16,711.66

31142 9/26/2014 Retirees' Medical Insurance 733.94

31143 9/26/2014 Retirees' Medical Insurance 4,249.71

31140 9/26/2014 Health Net of California, Inc Retirees' Medical/COBRA Insurance 2,854.16

31141 9/26/2014 Jorge Picado Expense Reimb. Lucity Conf. 87.38

31144 9/26/2014 Employee/WVCWP Medical Insurance 19,411.82

31145 9/26/2014 Ken Eugene Yeager Board Meeting Fees 600.00

31146 9/26/2014 KJ Woods Construction Inc Quito Basin 5 & 7 34,174.82

31147 9/26/2014 Lawson Products Inc Marking Paint 149.07

31148 9/26/2014 Lawson Products Inc Parts and Supplies 57.12

31149 9/26/2014 Marshall Anstandig Board Meeting Fees 300.00

31150 9/26/2014 Mission Valley Ford Repair MV-80, Parts & Supplies 1,754.54

31151 9/26/2014 Owen Equipment Sales MV-67 Repair and Parts 601.72

31152 9/26/2014 Pacific Gas & Electric Office Utilities 2,567.99

31153 9/26/2014 Pacific Gas & Electric LG Pump Stations 127.76

31154 9/26/2014 Pacific Gas & Electric Co WVCWP Office Utilities 279.97


Payment


31155 9/26/2014 Pacific Underground Construction Inc Blossom Hill Rd. Sewer Replacement 174,301.25

31156 9/26/2014 Pacific Underground Construction Inc Sanitary Sewer Repair Contract 4,700.00

31157 9/26/2014 Professional Cleaning Systems, Inc Janitorial Services 1,584.92

31158 9/26/2014 Safety Center, Inc On-Site Safety Training 875.00

31159 9/26/2014 San Jose Water Co Buildings and Grounds Water 509.98

31160 9/26/2014 Slingshot Connections, LLC WVCWP Temporary Staffing 994.46

31161 9/26/2014 Steven Leonardis Board Meeting Fees 300.00

31162 9/26/2014 Teejay Deleon Expense Reimbursement Lucity Conf. 737.06

31163 9/26/2014 TelePacific Communications Office Telephones, Faxes, Modem 531.50

31164 9/26/2014 The Gardensmith Gardening Services/Irrigation Service 484.34

31165 9/26/2014 Tom McCarty Retirees' Medical Insurance 1,981.08

31166 9/26/2014 Tyler Technologies Inc Computer Software 125.00

31167 9/26/2014 Verizon Communications WVCWP Office Telephones 251.87

31168 9/26/2014 Verizon Wireless Cell Phone Service 591.20

31169 9/26/2014 WECO Industries LLC Parts - Rodder 110.86

31170 9/26/2014 Wendy Newby for WVSD Petty Cash Petty Cash Imprest Fund 533.74

31171 9/29/2014 United Administrative Services Employee Life Insurance 57.70

31172 10/1/2014 Union Bank, NA Sewer Revenue Refunding Bonds 335,674.59

31173 10/3/2014 CalPERS Retirement: payroll 9/15-9/28/14 24,682.16

31174 10/3/2014 Hartford Life insurance Co Def Comp: payroll 9/15-9/28/14 9,988.96

97 Checks Total Amount to Approve: 827,373.94


31175 10/3/2014 State Distribution Unit Garn: payroll 9/15-9/28/14 1,058.77

31176 10/3/2014 State Distribution Unit Garn: payroll 9/15-9/28/14 732.46

AGENDA ITEM NO. 9 10/08/14

WEST VALLEY SANITATION DISTRICT MEMORANDUM

DATE: October 3, 2014

TO: Bpard of Directors ‘,/

FROM: (II on Newby, District Manager and Engineer

SUBJECT: FINAL BUDGET FOR FISCAL YEAR 2014-2015

Recommendation

Accept the amendments and approve the amended Final Budget for Fiscal Year 2014-2015.

Summary

At the regular meeting of May 14, 2014, the Board adopted the Proposed Budget and Sewer Service Revenue Program for Fiscal Year 2014-2015. The Proposed Budget took effect on July 1, 2014. In accordance with District policy, the Final Budget is submitted to the Board after the close of the fiscal year, reflecting actual balances and prior year expenditures and revenues. The Final Budget also includes any subsequent adjustments since preparation of the Proposed Budget.

Total annual revenues in FY 2013-14 were 2.7 percent more than budgeted. Operating expenditures for the previous fiscal year came in at 11.2 percent under budget. Capital expenditures came in at 9.0 percent under budget.

Adjustments to the Final Budget

The total adjustments to the Final Budget result in revenue increasing by $143,771 and an increase in the total expenditures of $1,002,162.

(a): Increase in revenue:

The increase in Final Budget revenue is a result of refinements in estimating the revenue based on final numbers being available from Fiscal Year 2014-15 tax roll.

(b): Increase in total expenditures:

The overall expenditures have been increased by $1,002,162 and is summarized below:

($129,653) Adjustments in the Salaries and Employee Benefits line item resulting in a reduction of $129,653. The reduction is primarily in the salaries portion of the line item and reflects increased accuracy in estimated salary cost.

$132,412, An increase in the District's Maintenance and Operations line item is required to expand the hydraulic model to include small diameter pipelines that behave as trunk lines; add additional River Watch trunk lines to CCTV scope of work due to

Final Budget for Fiscal Year 2014-2015 October 3, 2014 Page 2

unavailability of the City of San Jose data and increase support services for flow study.

(287,032) Decrease of the Treatment Plant Operation cost to correspond with the City of San

Jose’s adopted budget. $15,500 Increase in the General Capital Outlay expenditures for the purchase of a second

backup camera for the lateral program. $1,137,000 Increase in the Subsurface Lines Capital Outlay expenditures to reflect a total

carryover from Fiscal Year 2013-14 of $616,500. Since the District accounting system is on a cash basis, projects that cross into the following fiscal year require funds to be carried over to correspond with actual expenditures and project completions. Additional funds in an amount of $520,500 are required for reimbursement to Cities for manhole raising; increase for the Quito Road project to fund consultant services associated with claims review, increase in construction contract quantities and additional work to complete the project processed subsequent to the preliminary budget preparation.

$133,935 Adjustment to the Plant Capital Outlay line item to correspond with the City of San

Jose’s adopted budget

FINAL BUDGET FISCAL YEAR 2014-2015

WEST VALLEY SANITATION DISTRICT SANTA CLARA COUNTY

CALIFORNIA

SERVING RESIDENTS OF

CITY OF CAMPBELL TOWN OF LOS GATOS

CITY OF MONTE SERENO CITY OF SARATOGA

UNINCORPORATED AREA OF SANTA CLARA COUNTY

FINAL BUDGET FISCAL YEAR 2014-2015


100 East Sunnyoaks Avenue Campbell, California 95008

Submitted By

JON NEWBY DISTRICT MANAGER AND ENGINEER

TO

BOARD OF DIRECTORS

EVAN LOW MAYOR, CITY OF CAMPBELL STEVEN LEONARDIS VICE MAYOR, TOWN OF LOS GATOS MARSHALL ANSTANDIG COUNCILMEMBER, CITY OF MONTE SERENO CHUCK PAGE COUNCILMEMBER, CITY OF SARATOGA KEN YEAGER SUPERVISOR, FOURTH DISTRICT

SANTA CLARA COUNTY

WEST VALLEY SANITATION DISTRICT

OF SANTA CLARA COUNTY, CALIFORNIA

FINAL BUDGET FOR FISCAL YEAR 2014-2015

TABLE OF CONTENTS

Actual Expenditures for Fiscal Year 2013-2014 and Summary of Fiscal Year 2014-2015 Operating Budget……………………………2 Detail of Salaries and Employee Benefits, Fiscal Year 2014-2015 Operating Budget………………………………………….4 Schedule of Available Funds and Actual Balance in Operating Fund June 30, 2014, and June 30, 2015…………………………………5 Detail of Fiscal Year 2014-2015 Operating Expenses……………………………...6 Capital Outlay 2014-2015 Budget Detail………………………………………….10 Fiscal Year 2013-2014 Operating Summary and Projections through Fiscal Year 2018-2019……………………………………….12 APPENDIX A: CAPITAL IMPROVEMENT PROGRAM 2014-2019

ACTUAL EXPENDITURES FOR FISCAL YEAR 2013-14

AND

SUMMARY OF FISCAL YEAR 2014-15 OPERATING BUDGET

Expenditure Classification Sewer Sewage

and Account Number Budgeted Actual Administration Engineering Operations Disposal Total

SALARIES AND EMPLOYEE BENEFITS

010 Salaries 3,078,047$ 2,988,973$ 1,010,032$ 601,847$ 1,350,663$ -$ 2,962,542$

020 Employee Benefits 1,870,303 1,433,646 573,150 336,498 951,588 - 1,861,236

Total Salaries and

Employee Benefits 4,948,350$ 4,422,619$ 1,583,182$ 938,345$ 2,302,251$ -$ 4,823,778$

2 MAINTENANCE AND OPERATIONS

030 Directors' Fees 16,600 5,550 13,800 - - - 13,800

060 Gasoline, Oil & Fuel 70,000 81,612 - - 80,000 - 80,000

070 Insurance 325,000 296,414 340,000 - - - 340,000

080 Memberships 37,350 33,559 37,225 7,050 1,800 - 46,075

090 Office Expense 49,600 30,458 52,000 3,200 4,450 - 59,650

100 Information Services 330,241 163,164 196,590 52,710 58,900 - 308,200

110 Contractual Services 225,693 209,721 223,664 2,750 21,200 - 247,614

111 Treatment Plant Operation 6,707,500 6,177,658 - - - 7,524,688 7,524,688

120 Professional Services 735,000 425,258 260,000 411,000 20,000 - 691,000

130 Printing & Public Notices 24,200 11,867 15,000 1,000 200 - 16,200

140 Rents and Leases 21,000 17,560 16,000 - 4,500 - 20,500

151 Repairs and Maintenance 305,500 256,964 3,000 1,250 346,000 - 350,250

170 Professional Development 86,750 28,966 33,000 22,750 36,500 - 92,250

190 Utilities 91,200 84,180 48,000 - 48,500 - 96,500

200 Miscellaneous 10,400 7,433 2,800 2,100 5,500 - 10,400

210 Revenue Bond Debt Service 1,466,918 1,464,251 - - - 1,457,332 1,457,332

Total Maintenance and

Operations 10,502,952$ 9,294,615$ 1,241,079$ 503,810$ 627,550$ 8,982,020$ 11,354,459$

2013-14

EXPENDITURES 2014-15 FINAL BUDGET

Expenditure Classification Sewer Sewage

and Account Number Budgeted Actual Administration Engineering Operations Disposal Total

2013-14

EXPENDITURES 2014-15 FINAL BUDGET

CAPITAL OUTLAY

General Fixed Assets 327,400$ 118,100$ 155,940$ 27,130$ 188,630$ -$ 371,700$

Subsurface Lines & Misc. Construction Proj. 5,845,000 5,094,531 - 4,667,000 - - 4,667,000

Septic System Abandonment Program 10,000 - - 10,000 - - 10,000

Treatment Plant & Joint Lines 6,339,946 4,567,590 - - - 5,010,644 5,010,644

TOTAL CAPITAL OUTLAY 12,522,346$ 9,780,221$ 155,940$ 4,704,130$ 188,630$ 5,010,644$ 10,059,344$

Less Discount Factor 1,772,844 - -

NET CAPITAL OUTLAY 10,749,502$ 9,780,221$ 155,940$ 4,704,130$ 188,630$ 5,010,644$ 10,059,344$

RESERVES

Operating Reserve 9,322,923 8,168,655 9,813,936

Capital Reserve 10,749,502 9,780,221 10,059,344

3 Debt Service Reserve 1,466,918 1,464,251 1,457,332

Vehicle Replacement Reserve 1,148,500 574,250 619,750

Undesignated 1,206,575 7,164,913 1,714,005

TOTAL RESERVES 23,894,418$ 27,152,290$ 23,664,367$

SUMMARY

Salaries & Employee Benefits 4,948,350 4,422,619 1,583,182 938,345 2,302,251 - 4,823,778

District Maintenance & Operations 2,328,534 1,652,706 1,241,079 503,810 627,550 - 2,372,439

Treatment Plant Operation 6,707,500 6,177,658 - - - 7,524,688 7,524,688

Revenue Bond Debt Service 1,466,918 1,464,251 - - - 1,457,332 1,457,332

Capital Outlay - General 327,400 118,100 155,940 27,130 188,630 - 371,700

Capital Outlay - Subsurface Lines 5,845,000 5,094,531 - 4,667,000 - - 4,667,000

Capital Outlay - SSAP 10,000 - - 10,000 - - 10,000

Capital Outlay - Plant 6,339,946 4,567,590 - - - 5,010,644 5,010,644

Capital Outlay - Discount Factor (1,772,844) - - - - - -

TOTAL EXPENDITURES 26,200,804$ 23,497,455$ 2,980,201$ 6,146,285$ 3,118,431$ 13,992,664$ 26,237,581$

TOTAL EXPENDITURES AND RESERVES 50,095,222$ 50,649,745$ 49,901,948$

Administration

& Info. Svc. Engineering Operations

POSITION TITLES

General Manager 0.35 0.30 0.35

Director of Admin./Information Services 1.00

Senior Accountant 1.00

Senior Account Clerk 1.00

Account Clerk II 2.00

Administrative Assistant II (Part Time) 0.50

Information Services Coordinator 1.00

Construction Inspector II 1.00 1.00

Asst./Assoc. Engineering Technician 1.00

Assistant Engineer Permit/Mapping 1.00

Director of Engineering/Operations 0.50 0.50

Senior Civil Engineer 1.00

Assoc. Engineering Technician 1.00

Construction Inspector II

Assistant Engineer 1.00

Operations Supervisor 1.00

Supervising Leadworker 1.00

Maintenance Leadworker (Specialized) 3.00

Maintenance Leadworker 1.00

Maintenance Worker II (Specialized) 3.00

Maintenance Worker II 1.00

Maintenance Worker I/Trainee I/II 2.00

TOTAL FTEs 9.85 4.80 12.85

Administration

& Info. Svc. Engineering Operations Total

TOTAL SALARIES 1,010,032 601,847 1,350,663 2,962,542

EMPLOYEE BENEFITS:

Retirement 223,290 134,462 292,603 650,355

Workers' Compensation 2,885 4,575 39,700 47,160

Employee Group Insurance 244,959 136,227 330,293 711,479

Retiree Medical - - 147,448 147,448

FICA & SDI Employer Tax 74,741 44,982 105,071 224,794

OPEB Funding 27,275 16,252 36,473 80,000

TOTAL BENEFITS 573,150 336,498 951,588 1,861,236

TOTAL SALARIES AND BENEFITS 1,583,182$ 938,345$ 2,302,251$ 4,823,778$

DETAIL OF SALARIES AND EMPLOYEE BENEFITS, FISCAL YEAR 2014-15 OPERATING BUDGET

Engineering & Operations

Engineering & Operations

4

SCHEDULE OF AVAILABLE FUNDS

BALANCE IN OPERATING FUND - JULY 1 29,626,878$ 27,152,290$

FISCAL YEAR REVENUES:

Operating Revenues:

Sewer Service Charges

Collected on Tax Roll 17,593,713 19,483,088

Direct Billings 870,726 974,706

At Issuance of Permits 5,524 105,000

Total Sewer Service Charges Net 18,469,963 20,562,794

Fees for Other Services

Permit and Inspection Fees 379,961 341,000

Labor and Overhead Billed 26,054 25,000

Connection Fees 1,204,883 1,120,000

Treatment Plant Capacity Fees 534,505 420,000

Plan Checking Fees 18,089 7,500

Storm Cleaning Fees 138,283 90,000

Storm Fund Administrative Fees 7,454 7,399

Total Fees for Other Services 2,309,229 2,010,899

Total Operating Revenues 20,779,192 22,573,693

Non-Operating Revenues

Interest 99,634 99,000

SSAP Principal & Interest 45,679 61,965

Other 98,362 15,000

Total Non-Operating Revenues 243,675 175,965

TOTAL FISCAL YEAR REVENUES 21,022,867 22,749,658

TOTAL FUNDS AVAILABLE 50,649,745 49,901,948

FISCAL YEAR EXPENDITURES 23,497,455 26,237,581

BALANCE IN OPERATING FUND - JUNE 30 27,152,290$ 23,664,367$

AND BALANCE IN OPERATING FUND JUNE 30, 2014 AND JUNE 30, 2015

ACTUAL FINAL BUDGET

Fiscal Year 2013-14 Fiscal Year 2014-15

5

* Account Prefix

DETAIL OF FISCAL YEAR 2014-15 OPERATING EXPENSES

45* 42* 41* 43*

Account Sewage

Number Expense Classification Admin. Engineering Operations Disposal Total

DIRECTORS' FEES030-01 Board Meeting Fees 12,000$ - - - 12,000$

030-02 Miscellaneous Meetings 1,500 - - - 1,500

030-03 Sewer Advisory Board Fees 300 - - - 300

TOTAL 13,800 - - - 13,800

GASOLINE, OIL AND FUEL060-01 Vehicles and Equipment - - 80,000 - 80,000

TOTAL - - 80,000 - 80,000

INSURANCE070-01 General District Insurance 215,000 - - - 215,000

070-02 Insurance Deductible 125,000 - - - 125,000

TOTAL 340,000 - - - 340,000

MEMBERSHIPS080-01 American Public Works Association 1,225 - - - 1,225

080-04 California Association of Sanitation

Agencies 22,000 - - - 22,000

080-05 California Water Environment

Association (CWEA) 700 - 1,800 - 2,500

080-07 Santa Clara County Intergovernmental

Employee Relations Service 3,800 - - - 3,800

080-08 SCC Spec Dist Assoc 1,200 - - - 1,200

080-09 American Society of Civil Engineers - 600 - - 600

080-11 Water Environment Federation (WEF) - 1,100 - - 1,100

080-12 Other 8,300 500 - - 8,800

080-19 Water Environ. Research Federation (WERF) - 4,500 - - 4,500

080-20 Pipe Users Group - 350 - - 350

TOTAL 37,225 7,050 1,800 - 46,075

OFFICE EXPENSES090-03 Books, Manuals, Periodicals 1,500 500 250 - 2,250

090-05 Photographic Supplies - 200 200 - 400

090-06 Postage 25,000 - - - 25,000

090-07 Miscellaneous Office Expense 25,000 2,000 4,000 - 31,000

090-17 County Recorder Fees 500 - - - 500

090-18 Engineering Field Supplies - 500 - - 500

TOTAL 52,000 3,200 4,450 - 59,650

INFORMATION SERVICES100-01 Computer Maintenance Agreements 73,440 28,360 33,700 - 135,500

100-02 Software and Training 75,500 1,500 - - 77,000

100-03 Hardware Repairs & Supplies 2,000 1,000 1,000 - 4,000

100-04 Maps (County Base & Real Estate) 6,000 - - - 6,000

100-06 Information Technology Support 32,200 16,100 16,100 - 64,400

100-07 Email-Internet Access 5,000 2,500 2,500 - 10,000

100-08 Computer Hardware & Equipment 2,450 3,250 5,600 - 11,300

TOTAL 196,590 52,710 58,900 - 308,200

6

* Account Prefix


45* 42* 41* 43*

Account Sewage


CONTRACTUAL SERVICES110-13 Protective Clothing - - 14,500 - 14,500

110-22 Drug & Alcohol Testing Program (DATCO) - - 1,700 - 1,700

110-24 Computer Accounting Services - B of A 20,000 - - - 20,000

110-35 County Collection Charges - 1% of tax roll 203,664 - - - 203,664

110-45 Underground Service Alert - 1,750 - - 1,750

110-50 Other - 1,000 5,000 - 6,000

TOTAL 223,664 2,750 21,200 - 247,614

TREATMENT PLANT OPERATION111-01 Treatment Plant Operation - - - 7,524,688 7,524,688

Less prior year credit - - - - -

TOTAL - - - 7,524,688 7,524,688

PROFESSIONAL SERVICES120-01 Accounting and Audit 80,000 - - - 80,000

120-02 Legal - General 50,000 - - - 50,000

120-05 Management/Engineering Consulting 50,000 - - - 50,000

120-07 Legal - Litigation 30,000 - - - 30,000

120-09 Misc. Civil Engineering - 10,000 - - 10,000

120-12 Consultant for Metering Station - 90,000 - - 90,000

120-18 Hydraulic Capacity Study - 125,000 - - 125,000

120-20 GASB 45 Actuarial Study 15,000 - - - 15,000

120-21 Safety Management Plan - - 20,000 - 20,000

120-22 CIP Prioritization & Development - 36,000 - - 36,000

120-23 Large Sewer Inspection - 150,000 - - 150,000

120-24 Private Lateral Replacement Program 35,000 - - - 35,000

TOTAL 260,000 411,000 20,000 - 691,000

PRINTING AND PUBLIC NOTICES130-01 Advertising/Public Notices 10,000 - - - 10,000

130-02 Blueprinting & Scanning - 500 - - 500

130-03 Printing 5,000 500 200 - 5,700

TOTAL 15,000 1,000 200 - 16,200

RENTS AND LEASES140-04 Photocopy Machine 16,000 - 4,500 - 20,500

TOTAL 16,000 - 4,500 - 20,500

7

* Account Prefix


45* 42* 41* 43*

Account Sewage


REPAIRS AND MAINTENANCEBuildings and Grounds

151-01 Services and Repairs - - 80,000 - 80,000

151-02 Supplies - - 6,000 - 6,000

Vehicles and Equipment

151-11 Vehicles - - 35,000 - 35,000

151-12 Mounted Equipment - - 25,000 - 25,000

151-13 Portable Equipment - - 6,000 - 6,000

151-14 Pump Station - - 15,000 - 15,000

151-15 CCTV - - 25,000 - 25,000

151-16 Rental Fees and Leases - - 3,000 - 3,000

151-17 Testing, Licensing and Fees - - 1,000 - 1,000

Collection System

151-21 Services and Repair - - 15,000 - 15,000

151-22 Construction Materials and Supplies - - 10,000 - 10,000

151-23 Cleaning Tools and Parts - - 20,000 - 20,000

151-24 Flow Monitoring and Measurement - - 10,000 - 10,000

151-25 Excavation & Environmental Health Permits - - 15,000 - 15,000

151-26 CWC Section 13260 Annual Fees (SWRCB) - - 12,500 - 12,500

Operating Supplies

151-31 Small Shop/Field Tools 1,000 250 6,000 - 7,250

151-32 Shop/Field Supplies - - 4,000 - 4,000

151-33 Grease, Oil and Solvents - - 2,500 - 2,500

Safety Equipment and Supplies

151-41 Equipment - 500 10,000 - 10,500

151-42 Clothing and Gear 2,000 500 7,500 - 10,000

151-43 Confined Space Services - - 15,000 - 15,000

Sewer Overflow Expenses

151-51 Cleanup and Claims - - 15,000 - 15,000

151-52 Water Quality Testing and Supplies - - 5,000 - 5,000

151-53 Lodging, Relocation and Expenses - - 2,500 - 2,500

TOTAL 3,000 1,250 346,000 - 350,250

PROFESSIONAL DEVELOPMENT 170-01 Tuition Reimbursement 3,000 1,000 1,000 - 5,000

170-02 Water Environment Federation Conference 500 3,000 - - 3,500

170-03 CASA Conference - Directors 5,000 - - - 5,000

170-04 CASA Conference - Attorney 2,000 - - - 2,000

170-05 CASA Conference - Staff 6,500 2,000 - - 8,500

170-06 CWEA Conference - Manager 800 - - - 800

170-07 CWEA Conference - Staff - 5,000 7,000 - 12,000

170-08 CWEA, APWA & ASCE Local Section - 750 500 - 1,250

170-09 City Management Meetings 100 - - - 100

170-10 Safety Training - 500 18,000 - 18,500

170-11 Special Districts Association Meetings 600 - - - 600

170-12 American Public Works Assoc. Conference 1,000 - - - 1,000

170-15 Miscellaneous Staff Training 5,000 3,000 5,000 - 13,000

170-16 NASTT-Trenchless Technology - 500 500 - 1,000

170-17 CALPERA & CALPERS 3,000 - - - 3,000

170-18 Lucity, ESRI & Tyler Conference 5,000 6,500 2,500 - 14,000

170-19 Professional Licenses & Certifications 500 500 2,000 - 3,000

TOTAL 33,000 22,750 36,500 - 92,250

UTILITIES

190-01 Electricity & Gas-Office,Shop & Pump Stn. 28,000 - 1,500 - 29,500

190-03 Radio Communications/Repairs - - 30,000 - 30,000

190-04 Telephone 15,000 - - - 15,000

190-05 Trash Disposal - - 5,000 - 5,000

190-06 Water: Office, Shop, and Grounds 5,000 - - - 5,000

190-07 Water for Sewer Cleaning - - 12,000 - 12,000

TOTAL 48,000 - 48,500 - 96,500

8

* Account Prefix


45* 42* 41* 43*

Account Sewage


MISCELLANEOUS 200-01 Miscellaneous 200 500 750 - 1,450

200-02 Automobile Mileage Allowance 200 500 250 - 950

200-04 Safety Awards 100 100 500 - 700

200-05 Employee Recognition 2,000 500 500 - 3,000

200-12 Physicals/Innoculations/Test HEP etc. 250 500 2,500 - 3,250

200-13 Overtime Meals 50 - 1,000 - 1,050

TOTAL 2,800 2,100 5,500 - 10,400

REVENUE BOND DEBT SERVICE210-02 Revenue Bond Debt Service/Water Reclam. - - - 644,811 644,811

210-38 Revenue Bond Debt Service Series 2010 - - - 435,413 435,413

210-04 State Revolving Fund Loan - - - 377,108 377,108

TOTAL - - - 1,457,332 1,457,332

TOTAL OPERATING EXPENSES 1,241,079$ 503,810$ 627,550$ 8,982,020$ 11,354,459$

9

CAPITAL OUTLAY 2014-15 BUDGET DETAIL

45* 42* 41* 43*

Account Sewage


GENERAL FIXED ASSETS

Property Improvements

610-01 Miscellaneous Property Improvements -$ -$ 50,000$ -$ 50,000$

Subtotal Property Improvements - - 50,000 - 50,000

Vehicles

Furniture and Equipment

620-10 Vehicles - - 60,000 - 60,000

630-01 Computer Equipment - Operations - - 3,000 - 3,000

630-02 Operations Furniture & Equipment - - 75,630 - 75,630

630-04 Furniture & Equipment - Administration 5,940 - - - 5,940

630-05 Computer Equipment - Administration 150,000 - - - 150,000

630-06 Furniture & Equipment - Engineering - 18,000 - - 18,000

630-07 Computer Equipment - Engineering - 9,130 - - 9,130

Subtotal Vehicles, Furniture and Equipment 155,940 27,130 138,630 - 321,700

TOTAL GENERAL FIXED ASSETS 155,940$ 27,130$ 188,630$ -$ 371,700$

10

CAPITAL OUTLAY 2014-15 BUDGET DETAIL

45* 42* 41* 43*

Account Sewage


SUBSURFACE LINES - REHABILITATION

710-03 Quito Basin 7 Area 2 (Bn 7-2 & Bn 5-2) - 418,000 - - 418,000

710-09 Blossom Hill Road Bridge - 210,000 - - 210,000

710-11 Quito Basin (Wildcat Creek Area Bn 7-3 & 7-4) - 125,000 - - 125,000

710-12 University Ave ACP (Blossom Hill to Lark) - 250,000 - - 250,000

710-13 LG Creek Trunk (Vasona Lake) - 2,300,000 - - 2,300,000

710-18 Harrison Avenue (R/R to Hamilton) - 200,000 - - 200,000

Subtotal Subsurface Lines - Rehabilitation - 3,503,000 - - 3,503,000

MISCELLANEOUS CONSTRUCTION PROJECTS

720-01 Sewer Extension Revolving Fund Projects - 10,000 - - 10,000

720-02 Sewer Contract Repairs - 952,000 - - 952,000

720-03 District Manhole Adjustments - 202,000 - - 202,000

720-04 Miscellaneous Pipeline Repairs - - - - -

Subtotal Miscellaneous Construction Projects - 1,164,000 - - 1,164,000

TOTAL - DISTRICT PROJECTS - 4,667,000 - - 4,667,000

TREATMENT PLANT AND SAN JOSE JOINT LINES

730-01 WWTP Projects 4,196,100 4,196,100

730-02 Capital Replacement Fund - TP - -

730-03 4th Interceptor 11,544 11,544

730-04 60" Brick Interceptor Rehab 803,000 803,000

730-05 South Bay Action Plan - -

730-06 Moorpark-Meridian Trunk Rehab. Phase 3 - -

730-07 Zanker Road Interceptor Cleaning - -

TOTAL TREATMENT PLANT AND JOINT LINES 5,010,644 5,010,644

SEPTIC SYSTEM ABANDONMENT PROGRAM

740-01 Septic Disposal Conversion Program 10,000 10,000

TOTAL SEPTIC SYSTEM ABANDONMENT PROGRAM 10,000 10,000

TOTAL CAPITAL OUTLAY $155,940 $4,704,130 $188,630 $5,010,644 10,059,344$

11

FISCAL YEAR 2013-2014 OPERATING BUDGET SUMMARY AND PROJECTIONS THROUGH 2018-19

OPERATING FUND APPROPRIATIONS 2013-14** 2014-15 2015-16 2016-17 2017-18 2018-19

Salaries and Benefits: Administration and General 1,434,758$ 1,583,182$ 1,638,593$ 1,695,944$ 1,755,302$ 1,816,738$

Service Extension 880,475 938,345 971,187 1,005,179 1,040,360 1,076,773

Sewer Maintenance 2,107,386 2,302,251 2,382,830 2,466,229 2,552,547 2,641,886

Sub-Total 4,422,619 4,823,778 4,992,610 5,167,352 5,348,209 5,535,397

Maintenance and Operation: Administration and General 830,645 1,241,079 1,284,517 1,329,475 1,376,007 1,424,167

Service Extension 340,870 503,810 521,443 539,694 558,583 578,133

Sewer Maintenance 481,191 627,550 649,514 672,247 695,776 720,128

Sewage Disposal 6,177,658 7,524,688 7,788,052 8,060,634 8,342,756 8,634,752

Revenue Bond Debt Service 1,464,251 1,457,332 2,477,004 3,481,755 2,908,170 2,680,404

Sub-Total 9,294,615 11,354,459 12,720,530 14,083,805 13,881,292 14,037,584

Capital Outlay: General Fixed Assets 118,100 371,700 590,860 335,340 725,152 385,307

Subsurface Lines 5,094,532 4,467,000 4,800,000 4,760,000 3,665,000 4,665,000

Septic System Abandonment - 10,000 10,000 10,000 10,000 10,000

Treatment Plant & Joint Lines 4,567,589 5,010,644 4,529,018 4,417,234 4,305,931 883,271

Sub-Total 9,780,221 9,859,344 9,929,878 9,522,574 8,706,083 5,943,578

TOTAL EXPENDITURES 23,497,455 26,037,581 27,643,018 28,773,731 27,935,584 25,516,559

RESERVES Operating Reserves 8,168,655 9,813,936 10,157,424 10,512,935 10,880,887 11,261,718

Capital Reserves 9,780,221 10,059,344 9,929,878 9,522,574 8,706,083 5,943,578

Debt Service Reserves 1,464,251 1,457,332 2,477,004 3,481,755 2,908,170 2,680,404

Vehicle Replacement Reserves 574,250 619,750 600,500 679,250 555,750 605,750

Undesignated 7,164,913 1,714,005 ($2,127,509) ($4,954,904) ($2,519,839) $5,794,737

Sub-Total 27,152,290 23,664,367 21,037,298 19,241,610 20,531,052 26,286,187

TOTAL BUDGET 50,649,745 49,701,948 48,680,316 48,015,341 48,466,636 51,802,746

RESOURCES Fund Balance at June 30 29,626,878 27,152,290 23,864,367 $21,037,298 $19,241,610 $20,531,052

Service Charges* 18,469,963 20,562,794 22,619,073 24,767,885 26,996,995 29,021,770

SSAP Agreement Payments 45,679 61,965 50,728 42,549 38,746 38,746

Other Income 2,507,225 2,124,899 2,146,148 2,167,609 2,189,285 2,211,178

TOTAL RESOURCES 50,649,745 49,901,948 $48,680,316 $48,015,341 $48,466,636 $51,802,746

*Rate Increase: 10.0% 10.0% 10.0% 9.5% 9.0% 7.5%

Residential Rate/Month 30.31 33.34 36.67 * 40.15 * 43.77 * 47.05 *

** 2013-14 Actual

* 2016-2019 Projected Rate

12

APPENDIX A

CAPITAL IMPROVEMENT PROGRAM 2014-2019

FY 2014-2019

CAPITAL IMPROVEMENT PROGRAM

2013-14 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 5-Year Total

Final Budget Actual Final Budget Forecasts Forecasts Forecasts Forecasts

CONSTRUCTION PROJECTS

1. Wastewater Treatment Plant

South Bay Action Plan -$ 102$ -$ -$ -$ -$ -$ -$

WWTP Projects 4,775,000 3,840,284 4,196,100 2,593,690 3,491,846 4,139,543 741,883 15,163,063

Equipment replacement 150,000 - - 141,388 141,388 141,388 141,388 565,552

Subtotal WWTP Contributions: 4,925,000$ 3,840,386$ 4,196,100$ 2,735,078$ 3,633,234$ 4,280,931$ 883,271$ 15,728,615$

2. Joint Trunk Sewer Projects

Fourth Interceptor 10,836$ 1,956$ 11,544$ 226,440$ -$ -$ -$ 237,984$

60" Brick Interceptor 280,136 96,914 803,000 1,567,500 784,000 25,000 - 3,179,500

Moorpark-Meridian Trunk Rehab. Phase 3 990,939 525,811 - - - - - -

Zanker Road Interceptor Cleaning 133,035 102,522 - - - - - -

Forest-Rosa 17 - - - - - - - -

Subtotal Joint Trunk Sewer Participation: 1,414,946$ 727,203$ 814,544$ 1,793,940$ 784,000$ 25,000$ -$ 3,417,484$

Total San Jose Projects: 6,339,946$ 4,567,589$ 5,010,644$ 4,529,018$ 4,417,234$ 4,305,931$ 883,271$ 19,146,099$

3. District Sewer Rehabilitation Program

Quito Basin 7 Area 2 (Bn 7-2 & Bn 5-2) 4,500,000$ 4,246,553$ 418,000$ -$ -$ -$ - 418,000$

Quito Basin (Wildcat Creek Area Bn 7-3 & 7-4) 250,000 118,633 125,000 2,215,000 - - - 2,340,000

LG Creek Trunk (Vasona Lake) 60,000 60,195 2,300,000 - - - - 2,300,000

Leigh Basin 3 Area 1 - - - - - 1,150,000 650,000 1,800,000

Blossom Hill Road Bridge 200,000 11,317 210,000 - - - - 210,000

University Ave (Elm - Blossom Hill) - - - 300,000 1,250,000 350,000 - 1,900,000

University Ave ACP (Blossom Hill to Lark) - - 250,000 750,000 1,000,000 - - 2,000,000

San Tomas (Old Orchard - Campbell) - - - - - 250,000 2,000,000 2,250,000

Winchester Blvd (Knowles - Old Orchard) - - - - - - 300,000 300,000

Harrison Avenue (R/R to Hamilton) - - 200,000 450,000 725,000 - - 1,375,000

Campbell Downtown Ph 1 (2nd to Winchester) - - - 250,000 700,000 380,000 - 1,330,000

Campbell Downtown Ph 2 (1st to Harrison) - - - - 250,000 700,000 380,000 1,330,000

Leigh Basin 3 Area 2 - - - - - - 200,000 200,000

La Paloma to Oak Street - - - - - - 300,000 300,000

Subtotal District Sewer Rehabilitation: 5,010,000$ 4,436,698$ 3,503,000$ 3,965,000$ 3,925,000$ 2,830,000$ 3,830,000$ 18,053,000$

** ** * * *

Page 1

FY 2014-2019

CAPITAL IMPROVEMENT PROGRAM

2013-14 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 5-Year Total

Final Budget Actual Final Budget Forecasts Forecasts Forecasts Forecasts

CONSTRUCTION PROJECTS

4. Septic System Abandonment Program

Septic Disposal Conversion Program 10,000$ -$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 50,000$

Subtotal SSAP Program: 10,000$ -$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 50,000$

5. Miscellaneous Construction Projects

SERF Projects 10,000$ -$ 10,000$ 10,000$ 10,000$ 10,000$ 10,000$ 50,000$

Sewer Contract Repairs 500,000 341,633 952,000 800,000 800,000 800,000 800,000 4,152,000

District Manhole Adjustments 25,000 17,531 202,000 25,000 25,000 25,000 25,000 302,000

Miscellaneous Pipeline Repairs 300,000 298,670 - - - - - -

Subtotal Miscellaneous Construction: 835,000$ 657,834$ 1,164,000$ 835,000$ 835,000$ 835,000$ 835,000$ 4,504,000$

NON-CONSTRUCTION CAPITAL

Furniture & Equipment 283,600$ 54,236$ 261,700$ 270,860$ 280,340$ 290,152$ 300,307$ 1,403,359$

Vehicles 63,864$ 60,000 310,000 45,000 425,000 75,000 915,000$

Property Improvements 50,000 - 50,000 10,000 10,000 10,000 10,000 90,000

Subtotal Non-Construction Capital: 333,600$ 118,100$ 371,700$ 590,860$ 335,340$ 725,152$ 385,307$ 2,408,359$

TOTAL CAPITAL OUTLAY: 12,528,546$ 9,780,221$ 10,059,344$ 9,929,878$ 9,522,574$ 8,706,083$ 5,943,578$ 44,161,458$

* The San Jose-Santa Clara Regional Wastewater Facility (Plant) is proceeding with a major rehabilitation project that includes capital funding in the next 5-year capital improvement budget. The District allocation of the Plant’s Rehabilitation project is $4,062,165 in FY 2015, $18,068,897 in FY 2016, $8,386,586 in FY 2017, $8,816,253 in FY 2018 and $9,219,886 in FY 2019. The Plant anticipates funding a portion of the rehabilitation project through issuing revenue bonds including the District’s participation amount of $33,524,660. The District is planning to meet its funding obligation through cash and participation in the bonds. Associated debt service for the bonds is being passed through to the District beginning in FY 2016. Bond proceeds will be used to meet $15,475,207 of funding obligations in FY 2016, $4,894,740 of funding obligations in FY 2017, $4,676,710 of funding obligations in FY 2018 and $8,478,003 of funding obligations in FY 2019.

Page 2

AGENDA ITEM NO. 10

WEST VALLEY SANITATION DISTRICT

DATE: October 3, 2014

TO: Board of Directors

FROM: on Newby, District Manager and Engineer

SUBJEC : REVISIONS TO DISTRICT ORDINANCE CODE

10/08/14

MEMORANDUM

Recommendation:

A. Introduce ORDINANCE No. 145, AN ORDINANCE OF THE WEST VALLEY SANITATION DISTRICT BOARD OF DIRECTORS, AMENDING CHAPTERS 1, 6, AND 7 OF THE DISTRICT'S ORDINANCE CODE to bring the Code into compliance with the requirements of the San Jose/Santa Clara Water Pollution Control Plant and to clarify and update design, construction, and maintenance requirements for sewer systems within the District.

B. Schedule second reading and adoption of Ordinance No. 145 for November 12, 2014.

Background:

There are two separate parts of the proposed ordinance revisions being recommended to the District Ordinance Code. The first part involves necessary amendments to reflect revisions made to the City of San Jose Sewer Use Ordinance. The second part involves necessary revisions to clarify and update the design, construction, and maintenance requirements for both public and private sewer systems within the District.

Compliance with the City of San Jose Sewer Use Ordinance - The Federal Clean Water Act establishes water quality standards for water bodies such as streams, rivers, bays, and oceans. Both direct dischargers like the San Jose/Santa Clara Water Pollution Control Plant, also known as the San Jose/Santa Clara Regional Wastewater Facility (Plant), and indirect dischargers such as industrial facilities are subject to the National Pollution Discharge Elimination System (NPDES) Permit program to control the discharge of pollutants to the sanitary sewer system.

A significant component of monitoring and oversight under the NPDES permit program is the inspection of industrial facilities to ensure adequate wastewater treatment processes and procedures are in place and properly implemented. As the local control authority, the City of San Jose is also subject to audits and inspections by the Federal Environmental Protection Agency (EPA) to evaluate the effectiveness and compliance of its Pretreatment Program. These evaluations include a review of the adequacy of the Sewer Use Ordinance and its confolinance to federal regulations. Recently, the Pretreatment Program underwent evaluations by the EPA and the State Water Resource Control Board. In January 2012, the EPA audited the Pretreatment Program and directed the City of San Jose to add definitions, provision and make revisions to the Sewer Use Ordinance. In August of 2013, San Jose adopted amendments to its Sewer Use Ordinance.

Revisions to District Ordinance Code October 3, 2014 Page 2 Subsequent, to the amendments approved in August of 2013, EPA performed additional audits in late 2013 and 2014. The findings from these audits resulted in additional revisions that have been incorporated into the proposed revisions. As a tributary agency of the Plant and conforming to the requirements under the Master Agreement for Wastewater Treatment Services, West Valley Sanitation District is required to revise our ordinance to reflect the revisions made to San Jose’s Sewer Use Ordinance. Clarify Design, Construction, and Maintenance Requirements for Sewer Systems – The current ordinance pertaining to the design, construction, and maintenance of sewer systems requires updating to adequately address the property owner’s responsibilities and requirements for private sewer systems and to clarify and make distinct, the District’s responsibilities for public sewer systems. In particular, the ordinance does not fully address the property owner’s responsibilities for their private sewer, and does not adequately address which portion of the sewer system is considered to be private. This has at times created some uncertainty and or misinterpretation of the ordinance. Absence of key terminology or complete definitions, have also created some degree of confusion. Discussion: The proposed ordinance would revise Chapters 1, 6, and 7 of the Ordinance Code, titled “General Provisions”, “Design and Construction of Public Sewers”, and “Use of Public Sewers” respectively. Compliance with the City of San Jose Sewer Use Ordinance – The proposed ordinance revisions would add provisions to implement optional elements of the EPA Streamlining Rule, update language to better conform to Title 40 of the Code of Federal Regulations, and clarify language in specified sections. Implementation of the Pretreatment Streamlining Rules will add efficiencies to the Pretreatment Program, and benefit industrial users. The current ordinance requires all industrial users, subject to categorical standards, to monitor for all listed pollutants with a federal limit under that category, as well as the corresponding local limits. The Streamlining Rule, however, would allow the industrial user the option of applying for a waiver of sampling requirements for pollutants not present in their wastewater discharge. If the industrial user qualifies, it would reduce the amount of sampling and analysis conducted by the discharger and the San Jose pretreatment program staff. The proposed ordinance would allow for an additional classification of Non-Significant Categorical Industrial Users that would apply to dischargers with categorical processes that discharge less than 100 gallons per day. The proposed ordinance will allow staff to set the frequency of Slug Evaluation and use the permit to implement these measures. Pursuant to the 2012 EPA audit, new sections to provide industrial users a rebuttal to an "upset" or exceptional incident in which is unintentional and a temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the industrial user has been added.

Revisions to District Ordinance Code October 3, 2014 Page 3 Following an EPA evaluation in 2013 and 2014, EPA requires adding a definition for Clean Water Act to the Ordinance. Adding this definition will further clarify the District’s authority to implement a pretreatment program. Last, the language prohibiting transfer of a discharge permit presents a challenge in regulatory oversight during changes in ownership at regulated industries. Under the current Ordinance, discharge permits are not transferable and are immediately cancelled in the event of a change of ownership. Under Federal law, discharge permits may be transferred in the event of a change of ownership with prior notification to and approval from the control authority. Updating the Ordinance to allow discharge permit transfers will allow the District to maintain regulatory authority over industrial users and allow industrial users to continue to legally discharge during a change in ownership until a new discharge permit is issued. Clarify Design, Construction, and Maintenance Requirements for Sewer Systems – The proposed ordinance revisions encompass adding or further defining a number of terms in Chapter 1, Section 1.050 “Definitions”, and expansion and or clarification of each of the sections contained in Chapter 6, “Design and Construction of Sewers”. In addition to providing the necessary clarity to avoid misinterpretation or confusion regarding this ordinance, these revisions will also create uniformity with current District practice. The most significant revisions proposed address the distinction between public and private sewer systems. It establishes the ownership and maintenance responsibilities of the property owner and the District and the mechanisms the District has at its disposal to ensure compliance with the District Ordinance. It also clarifies the District’s authority for the review and approval of public and private sewer system design, permitting requirements, construction and use requirements. Some of the specific terms that required further definition include Building Sewer Lateral, Upper and Lower Sewer Laterals, Easement Lateral, Property Line Cleanout, and Backflow Protective Devices. Enclosed with this report is a copy of the mark-up of the chapters.

1

ORDINANCE NO. 145

AN ORDINANCE OF THE WEST VALLEY SANITATION DISTRICT BOARD OF DIRECTORS AMENDING CHAPTERS

1, 6, AND 7 OF THE DISTRICT’S ORDINANCE CODE

IT IS HEREBY ORDAINED by the District Board of Directors of the West Valley

Sanitation District of Santa Clara County as follows:

1. Amendment: Chapter 1, Section 1.050 of the District’s Ordinance Code is hereby amended to

read as follows:

(A) Definitions beginning with “A”:

“Accidental Discharge” means any discharge at a flow or concentration which could cause a

violation of the discharge standards in this Ordinance Code or any discharge of a non-routine,

episodic nature, including, but not limited to, an accidental spill or slug.

“Acreage” means the gross area of a parcel of land after the area existing Streets have been

deducted.

“Amalgam Separator” means a device that employs filtration, settlement, centrifugation, or ion

exchange to remove Dental Amalgam and its metal constituents from a dental office vacuum

system before it discharges to the sanitary sewer; has been certified under the International

Organization for Standardization’s standard for Amalgam Separators as capable of removing a

minimum of ninety-five (95) percent of Dental Amalgam at flow rates comparable to the flow

rate of the actual vacuum suction system in operation; and does not have any automatic flow

bypass.

“Amalgam Waste” means and includes non-contact Dental Amalgam (Dental Amalgam scrap

that has not been in contact with the patient); contact Dental Amalgam (including but not limited

to, extracted teeth containing amalgam); Dental Amalgam sludge captured by chair-side traps,

vacuum pump filters, screens, and other Dental Amalgam trapping devices; and used, leaking or

unusable capsules containing Dental Amalgam.

“Ammonia” means that form of nitrogen which is chemically definable as compound NH3.

“Audit Protocols” means the procedures to be followed in performing flow and pollutant

studies.

2

“Average Concentration” means the concentration of a pollutant in an Industrial User’s

discharge that is calculated by adding the concentrations of the particular pollutant in all

composite samples taken during a given time period, including by not limited to self-monitoring

samples, and dividing the total by the number of samples taken.

(B) Definitions beginning with “B”:

“Backflow Protective Device” means a mechanical check valve device, that is installed on the

sewer lateral, to prevent the backflow of sewage from downstream sources into a building space.

“Batch Discharge” means the discharge of Wastewater resulting from an intermittent treatment

process in which an identified amount of process Wastewater is collected, treated to meet

discharge standards, and released to the Sanitary Sewer System.

“Best Management Practices” means schedules of activities, prohibitions of practices,

implementation of devices and other technology, maintenance procedures and other management

practices to prevent or reduce the introduction of pollutants to the Sanitary Sewer System which

have been approved for use by the District Manager for particular industry groups, business

types, or specific industrial processes.

“Biochemical Oxygen Demand” means the quantity of oxygen, expressed in parts per million

(ppm) by weight, utilized in the biochemical oxidation of organic matter under standard

laboratory conditions for five (5) days at a temperature of twenty degrees centigrade (20 C).

“Board” means the Board of Directors of the District.

(C) Definitions beginning with “C”:

“Categorical Industrial User” or CIU means a Source performing any categorical process

subject to Federal pretreatment standards, as described in 40 CFR 405-471 that has any

connection to the Sanitary Sewer System.

“Categorical Pretreatment Standard” or “Categorical Standard” means any regulation

containing pollutant discharge limits promulgated by the Environmental Protection Agency that

apply to specific categories of Users and which appear in 40 CFR 405-471.

“Clean Water Act” means the 1972 amendment to the Federal Water Pollution Control Act, 33

U.S.C. section 1251 et seq. The Clean Water Act is the primary legislation concerning water

pollution and its regulation. The Clean Water Act establishes a permit system that must be used

by point sources of pollution such as industrial facilities, government facilities, and agricultural

3

operations. These point sources are not allowed to discharge or dispose of the pollutants they

produce in surface water without a permit from the National Pollutant Discharge Elimination

System (NPDES).

“Code of Federal Regulations” or “CFR” refers to the Code of Federal Regulations as

published by the Office of the Federal Register National Archives and Records Administration.

Whenever a reference is made to any portion of said Code, or to any other federal regulation

such reference shall apply to all amendments and additions to such portion of said Code now or

hereinafter enacted.

“Commercial, Industrial, and Miscellaneous Condominium Premises” means a unit of a

Condominium other than a residential Condominium premises, designed, improved or used for

any purpose other than as a residence for one or more families living separately in Separate

Dwelling Units or which is designed, improved or used as a residence for one or more families

living separately in Separate Dwelling Units and for one or more other purposes.

“Commercial, Industrial and Miscellaneous Premises” means a Premises, other than a Single-

Family Premises, Two-Family Premises and a Multiple-Family Premises, designed, improved or

used for any purpose or purposes other than as a residence for one or more families living

separately in Separate Dwelling Dnits, or which is designed, improved or used as a residence for

one or more families living separately in Separate Dwelling Units and for one or more other

purposes.

“Composite Sample” means a sample, which accurately represents the average pollutant

concentration discharged during a continuous time period.

(A) A flow-proportional sample may be obtained manually or automatically, and

discretely or continuously. For manual compositing, at least six (6) individual samples from each

sample point shall be combined and mixed to obtain one Composite Sample; flow-proportion

may be obtained either by varying the time interval between each discrete sample or the volume

of each discrete sample.

(B) If multiple batches are discharged over a 24-hour period, then one sample must be

collected from each Batch Discharged in that 24-hour period and composited into a single

sample. A single sample from a batch representing one or more production days will be

considered a single Composite Sample.

“Condominium” means an estate in real property, separately assessed, consisting of an

undivided interest in common in a portion of a parcel of real property together with a separate

4

interest in space in a residential, industrial, or commercial building or such real property, such as

an apartment, office, or store. A Condominium may include, in addition, a separate interest in

other portions of real property.

“Connection” means the physical attachment of a Premises to a Public Sewer by a Private

Sewer.

“Connector” means any person who receives permission from the District to connect his

Premises to the District’s Sanitary Sewer System.

“Continuous Discharge” means a discharge which occurs without interruption throughout the

operating hours of the facility, except for infrequent shutdowns for maintenance, process

changes, or other similar activities.

“Contractor” means any person or company who is currently licensed by the State of California

Contractors State License Board and performs the work allowed by their license. Only license

designations of a Class A, General Engineering, Class C-34, Pipeline, and Class C-42, Sanitary

Sewer System are allowed to install or connect to Public Sewers with the District.

“County” means the County of Santa Clara.

“Critical User” means a Discharger whose Wastewater contains Priority Pollutants, or who

discharges any waste which has the potential to cause Interference, in concentrations above those

allowed in this Section, or who discharges in excess of 100,000 gallons per day (gpd).

(D) Definitions beginning with “D”:

“Design Standards” or “District Design Standards” means the District’s Sanitary Sewerage

System Design Standards, current version.

“Dental Amalgam” means an alloy of mercury with another metal, used by dentists to fill

cavities in teeth.

“Diluting Waters” means non-contact cooling water, boiler blowdown, domestic sewage,

ground water, storm water, surface drainage, reverse osmosis reject, water softener regeneration,

potable waters, or any waters which are not part of an industrial process and which do not

contain Priority Pollutants but are combined with industrial wastewater prior to the monitoring

point for industrial wastewater discharge. “Diluting Waters” also includes excess water used in

production processes, such as rinse tanks or rinse water running when in production in excess of

operational or quality requirements.

5

“Discharger” means any person or entity discharging Wastewater into the Sanitary Sewer

System.

“District” means West Valley Sanitation District of Santa Clara County, California.

“District Manager” for purposes of this Code, shall mean the District Manager and Engineer of

the District and his/her designee.

“Domestic Wastewater” means Wastewater from private residences and Wastewater from other

Premises resulting from the use of water for personal washing, sanitary purposes or the

elimination of human wastes and related matter.

(E) Definitions beginning with “E”:

“Existing Source” means any source of discharge that is not a New Source.

(F) Definitions beginning with “F”:

“Fixer Solution” means a solution containing silver used in the photographic processing of

dental x-rays, x-rays and photographs.

“Food Service Establishment” means a User that prepares and/or sells food for consumption

either on or off the Premises, or washes utensils or dishes on Premises that may contribute

Grease to the sewer system, including, but not limited to, restaurants, sandwich shops,

delicatessens, bakeries, cafeterias, markets, bed and breakfast inns, motels, hotels, meeting halls,

caterers, retirement and nursing homes, churches, schools, sporting clubs, gas stations, coffee

and juice bars, or pizzerias. The term, as used in this Code, does not refer to food stores or

establishments that do not prepare food on premises and do not process food in a manner which

may contribute Grease to the sewer system. A Food Service Establishment shall be deemed to

be contributing Grease if it is not properly maintaining and operating an approved Grease Trap

or Interceptor and or is not performing accepted Best Management Practices for controlling

Grease. Furthermore, a Food Service Establishment shall be deemed to be contributing Grease

to the Sanitary Sewer System where a Sanitary Sewer Overflow has occurred due to Grease, or

there has been a loss of twenty-five (25) percent or more of sewer line capacity due to Grease,

downstream of the Food Service Establishment.

“Frontage” is typically the length of property or parcel of land running alongside, or fronting an

existing or future Street.

6

(G) Definitions beginning with “G”:

“Garbage” means solid wastes from the preparation, cooking and dispensing of foods, and from

the storage and sale of produce.

“Grab Sample” means a single discrete sample collected at a particular time and place which

represents the composition of the wastestream only at that time and place.

“Grease” means liquid or other waste containing floatable and/or dispersed Grease, vegetable

oil, petroleum oil, non-biodegradable cutting oil, or fat, oil or grease products of animal,

vegetable or mineral origin which is detectable and measurable using analytical test procedures

established in the United States Code of Federal Regulations, 40 CFR 136. Fats, Oils, and Grease

(FOG) is a term that is commonly used to encompass Grease.

“Grease Control Device” means a Grease Interceptor, Grease Trap, Mechanical Grease

Removal Device or other device approved for use by the District Manager.

“Grease Interceptor” means a large tank installed underground and designed to collect and

control solid food wastes and floating Grease from Wastewater prior to discharge into the

sanitary sewer collection system. Grease Interceptors are normally installed outside the building

and use gravity to separate Grease from the Wastewater as it moves from one compartment of

the Interceptor to the next.

“Grease Trap” means a device placed under or in close proximity to sinks or other fixtures

likely to discharge Grease in an attempt to separate, trap and hold oil and Grease substances.

(H) Definitions beginning with “H”:

“Half-Year Period” means and includes the first or second half of each calendar year.

(I) Definitions beginning with “I”:

“Industrial User” means any non-residential user that discharges Industrial Wastes to the

Sanitary Sewer System.

“Industrial Wastes” means the non-domestic wastes from producing, manufacturing, and

processing operations of every kind and nature.

“Interference” means:

(A) A discharge which alone, or in conjunction with a discharge or discharges from other

Sources, inhibits or disrupts the processes or operation of the Sanitary Sewer System, including

the Plant, or causes or significantly contributes to a violation of any requirement of the National

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Pollutant Discharge Elimination System (NPDES) Permit, which is a permit issued to the Plant

pursuant to Section 402 of the Clean Water Act.

(B) “Interference” also includes prevention of bio-solids use or disposal by the Plant in

accordance with published regulations providing guidelines under Section 405 of the Clean

Water Act or in regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the

Clean Water Act, the Toxic Substances Control Act, or more stringent state regulations

(including those contained in any state bio-solids management plan prepared pursuant to Title IV

of SWDA) applicable to the method of disposal or use employed by the Plant.

“Installer” means a Person, including the District, who contracts for the installation of a Sewer.

(J) Definitions beginning with “J”:

Reserved.

(K) Definitions beginning with “K”:

Reserved.

(L) Definitions beginning with “L”:

“Low Flow Discharge” means an Industrial Discharger whose average Process Flow, as shown

on the Discharger’s Application to Discharge, and as measured as a rolling six-month average, is

less than one thousand (1000) gallons per day.

(M) Definitions beginning with “M”:

“Maximum Allowable Concentration” means the highest permissible concentration or other

measure of pollutant magnitude taken at a specific point in time or period in time.

“Mechanical Grease Removal Device” means a power operated device or combination of

devices using electrical equipment to heat, filter, siphon, skim or otherwise separate and retain

floating Grease and solid food waste prior to wastewater exiting the trap and entering the

sanitary sewer collection system.

“Mobilehome” means a vehicle designed and equipped for human habitation and residence,

including but not limited to, travel trailer, camp cars, recreational vehicles, tent trailers, motor

homes, etc.

8

“Mobilehome Park Premises” means any area or tract of land where one (1) or more

Mobilehome lots (any area or portion of a Mobilehome park designated, designed or used for the

occupancy of one Mobilehome on a temporary, semi-permanent or permanent basis) are rented

or leased or held out for rent or lease to accommodate Mobilehomes used for human residence or

habitation.

“Multiple Family Premises” means a premises which is designed, improved or used as a

residence for three or more families, living separately in Separate Dwelling Units, and which is

not designed, improved or used for any other purpose.

(N) Definitions beginning with “N”:

“New Source” means:

(A) Any building, structure, facility or installation from which there is (or may be) a

discharge of pollutants, the construction of which commenced after the publication of proposed

Pretreatment Standards under section 307(c) of the Clean Water Act that will be applicable to

such source if such Standards are thereafter promulgated in accordance with that section,

provided that:

(1) The building, structure, facility or installation is constructed at a site at which

no other Source is located; or

(2) The building, structure, or facility totally replaces the process or production

equipment that causes the discharge of pollutants at an Existing Source; or

(3) The production of Wastewater generating processes of the facility are

substantially independent of an Existing Source at the same site. In determining whether these

are substantially independent, factors such as the extent to which the new facility is integrated

with the existing plant, and the extent to which the new facility is engaged in the same general

type of activity as the Existing Source, should be considered.

(B) Construction of a New Source as defined under this paragraph has commenced if the

Owner or Operator has:

(1) Begun, or caused to begin, as part of a continuous onsite construction

program:

(a) Any placement, assembly or installation of facilities or equipment; or

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(b) Significant site preparation work, including clearing, excavating, or

removal of existing buildings, structures or facilities which is necessary for the placement,

assembly, or installation of New Source facilities or equipment; or

(2) Entered into contractual obligations for the purchase of facilities or equipment

which are intended to be used in its operation within a reasonable time. Options to purchase or

contracts which can be terminated or modified without substantial loss, and contracts for

feasibility, engineering, and design studies do not constitute a contractual obligation under this

paragraph.

“Non-Significant Categorical Industrial User” means Categorical Industrial User that the

District Manager determines to meet the following conditions:

(A) Does not discharge more than one hundred (100) gpd of total categorical process

Wastewater;

(B) Has consistently complied with all applicable Categorical Pretreatment Standards;

(C) Never discharges any untreated concentrated Wastewater; and

(D) Submits annually a certification statement pursuant to 40 CFR 403.12(q).

(O) Definitions beginning with “O”:

“Operating Day” means the period or periods of time during each twenty-four hour day during

which Industrial Wastes are being discharged from a Premises into the Sanitary Sewer System.

“Operator” means any person who owns, leases, operates, controls, or supervises a Source as

defined in this section.

“Ordinance” or “District Ordinance Code” or “Code” means this District Ordinance Code,

as amended, duly adopted by the West Valley Sanitation District of Santa Clara County Board of

Directors.

“Owner” means any person who owns private premises that contain a Source as defined in this

section.

(P) Definitions beginning with “P”:

“Pass-Through” means a discharge which exits the Plant into waters of the U.S. in quantities or

concentrations which alone, or in conjunction with a discharge or discharges from other Sources,

10

is a cause of a violation of any requirement of the Plant’s NPDES permit, including an increase

in the magnitude or duration of a violation.

“Person” means natural person, joint venture, joint stock company, partnership, association,

club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant,

officer or employee of any of them.

“pH” means the logarithm of the reciprocal of the concentration of hydrogen ions in moles per

liter of solution.

“Plant” means the San Jose/Santa Clara Water Pollution Control Plant.

“Plumbing System” means plumbing fixtures and traps, waste and vent pipes, and all sewer

pipes within a building and extending to the Building Sewer connection two feet outside the

building foundation or wall.

“Pollutant Not Present” means a pollutant regulated by a Categorical Pretreatment Standard

that is not used or stored in a Categorical Industrial User’s facility, is not added to or created by

any industrial or pretreatment process at the facility, and is not present above the background

levels of the water supply.

“Premises” means any lot, parcel of land, building or establishment.

“Pretreatment Requirements” means any substantive or procedural requirement related to

pretreatment imposed on an Industrial User other than a Pretreatment Standard.

“Pretreatment Standard” means prohibited discharge standards, Categorical Pretreatment

Standards, and local limits.

“Priority Pollutants” means all pollutants as defined by the “General Pretreatment

Regulations” of the Environmental Protection Agency, found at 40 CFR 401 and 403.

“Process Flow” means the daily, twenty-four (24) hour flow of Wastewater from any kind or

nature of production, manufacturing or processing operation, including industrial and

commercial operations where water is used for the removal of any type of waste other than

Sanitary Sewage. Process flow does not include Diluting Waters.

“Property Line Cleanout” means an access point to the Building Sewer constructed to District

standards and is typically located one (1) foot behind the property line. The Property Line

Cleanout allows District staff to gain access to the Lower Sewer lateral for maintenance

purposes.

(Q) Definitions beginning with “Q”:

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Reserved.

(R) Definitions beginning with “R”:

“Reasonable Control Measures” means control technologies, Best Management Practices,

source control practices and waste minimization procedures which prevent or reduce the

introduction of pollutants to the Sanitary Sewer System and are determined by the Manager to be

cost-effective for particular industry groups, business types, or specific industrial processes.

(S) Definitions beginning with “S”:

“Sanitary Sewage” means water-carried wastes from residences, business buildings,

institutions, and industrial establishments, excluding ground, surface and Storm Waters,

subsurface drainage and Industrial Wastes.

“Sanitary Sewer Overflow” or “SSO” means any overflow spill, release, discharge or

diversion of untreated or partially treated Wastewater from a Sanitary Sewer System, SSOs

include:

(A) Overflows or releases of untreated or partially treated Wastewater that reach waters

of the United States;

(B) Overflows or releases of untreated or partially treated Wastewater that do not reach

the waters of the United States; and

(C) Watsewater backups into buildings and on private property that are caused by

blockages or flow conditions within the publicly owned portion of a Sanitary Sewer System.

“Sanitary Sewer System” means any system of pipes, pump stations, sewer lines, or other

conveyances, upstream of a wastewater treatment plant headworks used to collect and covey

wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities

(such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.)

are considered to be part of the Sanitary Sewer System, and discharges into these temporary

storage facilities are not considered to be SSOs.

“Separate Dwelling Unit” means a Premises or portion thereof designed for occupancy for

residential purposes by one family, with sleeping, kitchen and bathroom facilities provided

therein for the exclusive use of said family.

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“Sewer” means a pipe or conduit for holding and carrying Sanitary Sewage and Industrial

Wastes, and includes manholes, vertical risers, cleanouts and all other appurtenant facilities

which are necessary or convenient to the holding or carrying of sewage, classified as follows:

(A) “Branch Sewer” means a Sewer that receives Wastewater from a relatively small

area and discharges into a Main Sewer serving more than one Branch Sewer area.

(B) “Building Sewer” or “Sewer Lateral” means the extension from a building’s

Plumbing System to the point of connection to the Branch or Main Sewer.

(C) “Easement Sewer” means a Sewer that is located within a sanitary sewer easement or

public utility easement.

(D) “Intercepting Sewer” means a Sewer that receives Wastewater flow from a number

of transverse sewer outlets and conducts such waters to a point for treatment.

(E) “Lower Sewer Lateral” or means the lower portion of a Building Sewer between the

property line and the connection point to a Public Sewer located within a public right-of-way.

The Lower Sewer Lateral is owned by the District.

(F) “Main Sewer” means a Sewer to which one or more Branch Sewers are tributary.

(G) “Outfall Sewer” means a Sewer that conveys treated Wastewater from a treatment

plant and carries it to a point of final discharge in an ocean, river, or estuary.

(H) “Private Sewer” means a Sewer privately owned, maintained, and used by one or

more properties.

(I) “Public Sewer” means a Sewer owned and maintained by a governmental agency.

(J) “Trunk Sewer” means a Sewer that receives the discharge from several Main Sewers

and serves a large territory.

(K) “Upper Sewer Lateral” means the upper portion of Building Sewer from the

plumbing system to the property line when the Building Sewer is connected to a Public Sewer

located within a public right-of-way. The Upper Sewer Lateral and Property Line Cleanout, if

installed, is privately owned.

“Sewage” means Sanitary Sewage and or Industrial Wastes.

“Sewage Treatment Plant” means any arrangement of devices and structures used for treating

Sanitary Sewage and Industrial Wastes, such as the San Jose/Santa Clara Water Pollution

Control Plant.

“Significant Change” means any change in an Industrial User’s operation that results in any of

the following:

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(A) An increase or decrease in annual average Process Flow by twenty-five (25) percent

of the Industrial User’s average process flow based upon immediate preceding twelve (12)

months.

(B) An increase or decrease in annual average Process Flow that results in a change from

Low Flow Discharger to Standard Discharger or from Standard Discharger to Low Flow

Discharger

(C) An increase or decrease in annual average Process Flow that results in a change from

Non-Significant Categorical Industrial User to Significant Industrial User or from Significant

Industrial User to Non-Significant Categorical Industrial User.

(D) An increase or decrease in annual production rate of twenty-five (25) percent for any

industrial user subject to production-based limits over the Industrial User’s production rate for

the immediate preceding twelve (12) months.

(E) Adding or deleting process discharge or sample points.

(F) Waiver of monitoring requirements for any pollutant not present.

“Significant Industrial User” means:

(A) A Categorical Industrial User other than a Non-Significant Categorical Industrial

User; or

(B) An Industrial User that:

(1) Discharges an average of twenty-five thousand (25,000) gpd or more of

process Wastewater to the Sanitary Sewer System (excluding Sanitary Sewage, noncontact

cooling and boiler blowdown Wastewater); or

(2) Contributes a process waste stream which makes up five (5) percent or more

of the average dry weather hydraulic or organic capacity of the Plant; or

(3) Is designated as such by the District Manager on the basis that it has a

reasonable potential for adversely affecting the Plant’s operation or for violating any

Pretreatment Standard or Requirement.

“Significant Noncompliance” is a violation, or violations, by an Industrial User meeting one or

more of the following criteria:

(A) Chronic violations of Wastewater discharge limits defined here as those in which

sixty-six (66) percent or more of all measurements taken during a six-month period exceed by

any order of magnitude a numeric Pretreatment Standard or Requirement, including

instantaneous limits, as defined by 40 CFR 403.3(l);

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(B) Technical Review Criteria (TRC) violations, defined here as those in which thirty-

three (33) percent or more of all measurements for each pollutant parameter taken during a six

month period equal or exceed the product of the numeric Pretreatment Standard or Requirement,

including instantaneous limits, as defined by 40 CFR 403.3 (l) multiplied by the applicable TRC

(TRC = 1.4 for BOD, TSS, fats, oils, Grease, and 1.2 for all other pollutants);

(C) Any other violation of a Pretreatment Standard or Requirement as defined by 40

CFR 403.3 (l) such as daily maximum, ph, long-term average, instantaneous limit, or narrative

standard, that the Manager determines has caused, alone or in combination with other discharges

either Interference or Pass-Through, including endangering the health of District or Plant

personnel and/or the general public;

(D) Any discharge of a pollutant that has caused imminent endangerment to human

health, welfare or the environment or has resulted in the District’s exercise of its emergency

authority to halt or prevent such a discharge;

(E) Failure to meet within 90 days after the scheduled due date, a compliance schedule

milestone, contained in a discharge permit or enforcement order for starting construction,

completing construction, or attaining full compliance;

(G) Failure to provide, within 45 days after the due date, required reports such as

baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and

reports on compliance with compliance schedules;

(H) Failure to accurately report non-compliance; and

(I) Any other violation or group of violations, which may include a violation of

Reasonable Control Measures, the Manager determines will adversely affect the operation or

implementation of the pretreatment program.

“Single-family Premises” means a Premises which is designed, improved or used as a residence

for one family only, and which is not designed, improved or used for any other purpose.

“Slug Control Plan” means the document prepared pursuant to 40 CFR 403.8(f)(1)(iii)(B)(6) by

a Significant Industrial User that describes that procedural and operational controls in place to

prevent a Slug Load or Slug Discharge.

“Slug Load” or “Slug Discharge” means any discharge of a non-routine, episodic nature

including, but not limited to, an accidental spill or non-customary Batch Discharge which has a

reasonable potential to cause Interference, Pass-Through, or in any other way cause a violation of

the provisions of Chapter 1 or Chapter 7 or applicable permit conditions.

15

“Source” means any building, structure, facility or installation from which there is or may be

potential as determined by the District Manager to discharge pollutants above the local limits

included in this Code or state or federal limits or Wastewater of such volume or strength that it

may cause Interference, Pass Through, or operational problems in the Sanitary Sewer System or

at the San Jose/Santa Clara Water Pollution Control Plant.

“Standard Discharger” means any industrial user who is not a Low Flow Discharger.

“Standard Methods” means:

(A) The procedures set forth in the 40 CFR 136 unless another method for the analysis of

industrial Wastewater has been approved in writing in advance of use of the procedure by the

District Manager.

(B) All analyses shall be performed by a laboratory certified by the State for the specific

pollutants and matrix to be analyzed, unless otherwise approved in writing by the District

Manager prior to performance of a sample analysis.

“Storm Waters” means the flow across any surface or in storm sewers resulting from rainfall.

“Street” means any public highway, road, street, avenue, alley, way, easement or right-of-way.

“Suspended Solids” means solids that either float on the surface of, or are in suspension in,

water, sewage, or other liquids and which are removable by laboratory filtering.

(T) Definitions beginning with “T”:

“Total Toxic Organics” or “TTOs” are the sum of the concentrations for each of the regulated

toxic organic compounds listed at 40 CFR 401.15 and which are found in the discharge at a

concentration greater than ten (10) micrograms per liter. Some Categorical Standards (40 CFR

405-471) list the specific toxic organic compounds that are to be included in the summation.

“Trucked or Hauled Waste” means any waste discharged into the Sanitary Sewer System after

being placed in a motorized vehicle for removal from the location where the waste was generated

or produced.

“Two-family Premises” means a Premises which is designed, improved or used as a residence

for two families, and no more, living separately in Separate Dwelling Units, and which is not

designed, improved or used for any other purpose.

(U) Definitions beginning with “U”:

“Unit” or “Dwelling Unit” means:

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(A) Each individual occupancy of a commercial or industrial establishment.

(B) A separate living quarters for one or more persons having separate kitchen or toilet

facilities and being a single family dwelling or quarters situated in a duplex, apartment, multiple

dwelling, court, trailer court, motel, hotel, townhouses, condominiums, etc.

(C) Dwelling units for boarding houses, rest homes, dormitories, or similar places of

residences shall be deemed to equal accommodations for each three and one-half persons.

“Upset” means an unintentional and temporary noncompliance with Categorical Pretreatment

Standards because of factors beyond the reasonable control of the Industrial User. An “Upset”

does not include noncompliance to the extend caused by operational error, improperly designed

treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless

or improper operation.

“User” means a Person whose Premises is connected to a Public Sewer.

(V) Definitions beginning with “V”:

Reserved.

(W) Definitions beginning with “W”:

“Wastewater” means the combination of the liquid and water-carried wastes from residences,

commercial buildings, industrial plants, and institutions, together with any groundwater, surface

water, and storm water that may unintentionally be present.

(X) Definitions beginning with “X”:

Reserved

(Y) Definitions beginning with “Y”:

“Yellow Grease” means Grease which is associated with food preparation or processing, which

has not been contaminated with wash water or chemicals, or by being spilled or otherwise

fouled.

(Z) Definitions beginning with “Z”:

“Zero Discharge Categorical User” or “ZDC” means an industrial facility that performs any

categorical process subject to Federal Pretreatment Standards, as described in 40 CFR parts 405-

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471, that has any Connection to the Sanitary Sewer System, but does not discharge Wastewater

from the categorical process to the sanitary sewer.

“Zero Discharger” means an industrial facility that does not discharge any Wastewater except

Domestic Wastewater to the Sanitary Sewer System.

2. Amendments: Chapter 6 of the District’s ordinance code is hereby amended to read as

follows:

6.010 Private Sewage Disposal System. The design, construction and maintenance of private

sewage disposal systems, septic tank systems or any other method of sewage disposal that is

separate from, and does not contribute flow to, the District’s sewer collection system are

governed by the ordinances, rules and regulations of the cities within the District, County and

State. Source: Section 4762, Health and Safety Code.

6.020 Design of Sewers. All plans and specifications for Public and Private sewers, within

the District shall be prepared by a civil engineer licensed in the state in conformity with such

terms and conditions as the Board may prescribe based on the development of a sewerage

system for the general area tributary to the installer’s proposed sewerage system. Said

requirements shall be established in accordance with the current version of the District’s

Design Standards and good engineering and planning practices. Compliance with these

requirements shall be indicated by the approval of the plans and specifications by the District

Manager. At the discretion of the District Manager, certain Building Sewers may be exempted

from these design requirements. Source: Section 4762.1, Health and Safety Code.

6.030 Permit for Construction Required. All Public and Private Sewers within the District, that

discharge to the District’s public sewer system shall not be constructed until a District permit is

issued pursuant to Chapter 9, or other written authorization is obtained from the District.

Source: Section 4762.1, Health and Safety Code.

6.040 Construction of Sewers. All Sewers shall be constructed by Contractors registered

pursuant to Section 9.060 and in accordance with the requirements of this Chapter, including

plans and specifications identified in Section 6.020. In addition, construction and use of

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Building Sewers, except for Upper Sewer Laterals, shall be in accordance with the following

conditions:

(A) The Building Sewer must serve each individual building site within a proposed

development;

(B) The location and method of connection to a branch, lateral or main sewer shall be

approved by the District Manager;

(C) Materials and method of construction shall be in conformance with the current

version of District Design Standards;

(D) Each building shall have its own separate and independent Building Sewer. In the

event there are multiple buildings on a single parcel, and at the discretion of the District

Manager, the use of a common Building Sewer for multiple buildings may be allowed; and,

(E) All required District permit(s) must be obtained prior to connection of any

building’s Plumbing System to a new or existing Building Sewer.

The Upper Sewer Lateral shall be constructed in accordance with the ordinances, rules and

regulations of the cities within the District or the County.

6.050 Backflow Protective Device: Purpose. Due to natural topographical conditions and

common sewer system characteristics, there is a risk of harm to human health, property, and the

environment as a result of the possibility that a Sanitary Sewer Overflow may occur on public

and private property. It is the purpose of the following Sections 6.060, 6.070, and 6.080 to

minimize the risk by requiring, where warranted, the property owner to install and maintain an

approved Sewage Backflow Protective Device.


6.060 Backflow Protective Device: Requirement. The owner of any improved real property is

required to install and maintain at all times in operable condition, and at that owner’s sole cost,

a Sewage Backflow Protective Device to protect all structures located on the property

whenever:

(A) The lowest floor elevation of any structure containing a plumbing fixture is less

than one (1) foot above the surface elevation of the nearest upstream manhole, vertical riser, or

similar structure on the District’s sewer system; or

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(B) The District Manager determines, in his or her sole discretion, based upon site-

specific sewer system conditions, that installation and maintenance of a Sewage Backflow

Protective Device on the property is necessary, as described in Section 6.050 of the District’s

Code. The District Manager will provide written notice to the property owner of the requirement

to install a Sewage Backflow Protective Device together with an estimated cost for installation.

The property owner has the option of engaging the services of a District registered Contractor to

accomplish said installation in accordance with Section 6.070 below.

6.070 Backflow Protective Device: Installation. All Sewage Backflow Protective Devices shall

be located and installed in the manner, and meet the standards prescribed by the building

departments of the cities within the District or the County.

6.080 Backflow Protective Device: Connection Without is Unlawful. It shall be unlawful for

the owner of any structure to have a Building Sewer connected to the sewerage system of the

District without an approved Sewage Backflow Protective Device, if required by provisions of

Section 6.040 through 6.060.

6.090 Responsibility for Defects. All Persons performing work on or adjacent to public sewers

within the District shall be held strictly responsible for any and all acts of its agents, employees

and subcontractors in connection with said work. Said Person, upon being notified in writing by

the District Manager of any defects to these Public Sewers arising from said work or of a

violation of the District code, shall take immediate steps to correct such defect or violation. If

said Person does not correct such defect or violation after reasonable notice to do so, the District

may correct such defect or violation at the said Person’s expense.

6.100 Building Sewer Maintenance. The District will maintain all publicly owned

portions of Building Sewers within the District to the extent conditions allow District

staff to safely access and maintain the Building Sewer, subject to the conditions below:

(A) Extent of District Maintenance: The District will maintain that part of each

Building Sewer lying within a public right-of-way (Lower Sewer Lateral). The District shall not

be responsible for the maintenance, or any expense incurred by a property owner for the

maintenance of a Building Sewer that is considered to be privately owned; e.g. Upper Sewer

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Laterals, Easement Sewer Laterals, and Building Sewers that are connected to a Private Sewer

System.

(B) Type of Maintenance Performed by District: If a properly installed, maintained,

and accessible Property Line Cleanout exists, the District will perform the following types of

maintenance on the Lower Sewer Lateral, except when the need for maintenance is caused by

any person violating any provision of this Code:

(1) Removal of blockages.

(2) Removal of and or treatment of root growths that are or may cause

blockages.

(3) Repair or replacement of all or a part of the Lower Sewer Lateral when its

condition is deemed by the District Manager to be an unreasonable inconvenience to the Users

of the Building Sewer or when replacement becomes more economical than the maintenance

being performed by the District.

(C) Obligations of a Property Owner: The property owners shall have the following

obligations:

(1) The property owner retains ownership and maintenance responsibilities for

all private sewer system components, including Main Sewers, Building Sewers, sewer

structures and appurtenances.

(2) Maintenance of a private Building Sewer, or private portion thereof, by the

property owner requires that all debris generated during this operation be thoroughly removed

and or flushed from the entire Building Sewer into the Main Sewers. If a blockage in the

Lower Sewer Lateral or receiving Main Sewers is found to be caused by the Owner’s

maintenance activities, all District repair and or maintenance costs associated with removal of

the blockage will be the responsibility of the property owner.

(3) Installation of an approved Property Line Cleanout on each Building Sewer,

as determined to be required by the District Manager.

(4) The requirement to install a Property Line Cleanout shall be imposed by the

District for any work requiring a District Sewer Permit, or when Building Sewers which, in the

District Manager’s opinion, have or will experience an unreasonable frequency of blockage.

(5) If a Property Line Cleanout is determined to be required, the property owner

shall engage the services of a licensed Contractor to accomplish said installation in accordance

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with District Design Standards. In the event that the property owner does not accomplish said

installation within thirty (30) days of notification, the District will cause the installation to be

performed and will charge the property owner with the actual costs incurred including the costs

of all permits. Prior to initiating any work, the District will provide the property owner notice of

impending work and an estimate of cost to install the Property Line Cleanout. In the event that

the property owner fails to pay said amount, within thirty (30) days from billing, said amount

shall constitute a delinquent sewer service charge and shall be collected in the same manner as

other delinquent sewer service charges pursuant to Chapter 10 of the District’s Code.

(6) If an approved Property Line Cleanout has not been installed on the Lower

Sewer Lateral or has not been maintained to provide clear and unfettered access for District

maintenance staff, the maintenance obligation for the entire Building Sewer shall the

responsibility of the Owner. Clear and unfettered access, as determined by the District Manager,

requires that no obstructions exist on or near the Property Line Cleanout that prevents direct

access from the Street and proper use of maintenance equipment.

(D) Request for Maintenance by Property Owner: A property owner requesting

maintenance of a Building Sewer by the District shall, before requesting such service, attempt to

determine the location of the problem and whether a Property Line Cleanout exists. If the

problem is located in the part of the Building Sewer that the property owner is required to

maintain, the property owner shall proceed to maintain said Building Sewer at their own

expense. Otherwise, the property owner should contact the District for service.

3. Amendments: Chapter 7 of the District’s ordinance code is hereby amended to read as

follows:

7.010 Purpose. The purpose of this Chapter is to:

(A) Provide for and regulate the disposal of Sanitary Sewage into the Sanitary Sewer

System of the District in such manner and to such extent as is reasonably necessary to maintain

and increase the ability of such system to handle and dispose of Sanitary Sewage.

(B) Provide for and regulate the disposal of Industrial Wastes into the Sanitary Sewer

System of the District in such manner and to such extent as may be reasonably necessary to

maintain and increase the ability of such system to handle and dispose of Industrial Wastes

without decreasing the ability of said system to handle and dispose of all Sanitary Sewage.

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(C) Prevent the introduction of pollutants into the Sanitary Sewer System which will

pass through the treatment works of the San Jose/Santa Clara Water Pollution Control Plant or

otherwise be incompatible with such works or interfere with the ability of the Plant to treat,

discharge, and recycle wastewater, or to use or dispose of plant biosolids.

(D) Improve opportunities to recycle and reclaim treated effluent and wastewater sludge.

(E) Protect the physical structure of the Sanitary Sewer System and the efficient

functions of its component parts.

(F) Protect the District and its personnel and preserve and protect the health, safety and

comfort of the public.

(G) Enable the District to comply with all applicable and compatible laws, rules,

regulations, and orders of the State of California and of the United States.

(H) Protect the environmental health of the San Francisco Bay.

7.020 Annexation Required For Connection of Property Outside District. Property outside the

District may not be connected to a District Sewer, directly or indirectly, unless the property

served is annexed to the District.

7.030 Limitations on Point of Discharge. No Person shall discharge any substances directly into

a manhole or other opening in a District Sewer other than through District Manager approved

Sewer Connection.

7.040 Discharge Into Storm Drain Prohibited. It shall be unlawful to discharge any sewage,

Industrial Waste, or other polluted waters into any storm drain or natural outlet or channel

without a valid National Pollutant Discharge Elimination System (NPDES) permit.

7.050 Discharge Into Sanitary Sewer System Prohibited. It shall be unlawful to discharge any

sewage, Industrial Waste, or other polluted waters into any Sanitary Sewer System without a

valid Sewer Connection Permit issued by the District pursuant to this Ordinance Code.

7.060 Regulation of Trucked or Hauled Waste. No person shall discharge, cause, allow or

permit any trucked or hauled waste to be discharged into the Sanitary Sewer System, except at a

site specifically designated in a Wastewater Discharge Permit issued pursuant to this Chapter.

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7.070 Protection from Accidental Discharge.

(A) Each Industrial User shall provide protection from Accidental Discharge of

prohibited materials or other wastes regulated by this Chapter into either the storm sewer or

Sanitary Sewer Systems.

(B) Facilities to prevent Accidental Discharge of prohibited materials shall be provided

and maintained at the Industrial User's expense.

(C) All Industrial Users shall notify the District and the Environmental Services

Department of the City of San Jose by telephone or in person within one (1) hour of becoming

aware of accidentally discharging wastes of reportable quantities as determined in 40 CFR 117 or

discharge of any substance which, if otherwise disposed of, would be a hazardous waste under

40 CFR Part 261, to enable countermeasures to be taken by the District and the Plant to minimize

damage to the Sanitary Sewer System, Plant, treatment processes, and the receiving waters. If

hazardous waste is discharged the Industrial User shall be subject to all requirements in 40 CFR

403.12 (p).

(D) Telephone notification shall be followed, within five (5) days of the date of

occurrence, by a detailed written statement describing the causes of the Accidental Discharge

and the measures being taken to prevent future occurrences.

(E) Notification to the District and the Plant will not relieve Industrial Users of

notification requirements under any other federal, state, or local law, nor of liability for any

expense, loss, or damage to the Sanitary Sewer System, Plant or treatment process or receiving

waters or for any fines or penalties imposed on the District or the Plant on account thereof under

applicable provisions of state or federal law.

(F) All permitted facilities must maintain a spill control plan for protection against

Accidental Discharges, including but not limited to, berming of chemicals and waste materials.

The review of such plans and procedures shall not relieve the Industrial User from the

responsibility of modifying the facility as necessary to meet the requirements of the District

Ordinance Code or other state or federal regulations.

(G) This plan must be reviewed and revised as needed within thirty (30) days after an

Accidental Discharge has occurred or as required by the District Manager.

7.080 Pretreatment by Owner. Each Owner of private Premises shall, at the Owner's own

expense, provide such treatment or take such other measures, as the District Manager may

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require to prevent Accidental Discharge, reduce objectionable characteristics, contents, or rate of

discharge of waters or wastes being deposited in the Sanitary Sewer System, to prevent damage

to or Interference with the Sanitary Sewer System.

7.090 Monitoring Facilities.

(A) The District Manager may require any Discharger to the Sanitary Sewer System to

construct, at the Discharger’s own expense and at an approved location, monitoring facilities to

allow inspection, sampling, and flow measurement of the Building Sewer or internal drainage

systems.

(B) The monitoring facilities, sampling, and measurement equipment and access thereto

shall be maintained at all times in a safe and proper operating condition at the expense of

Discharger.

(C) Any required monitoring facilities shall be specified in the Wastewater Discharge

Permit issued pursuant to this Chapter.

(D) Dischargers shall retain sufficient Wastewater in their sample box at all times to

allow sample collection representative of the last Wastewater discharge.

7.100 Storm and Other Waters.

(A) No Person shall discharge, cause, allow or permit any storm water, surface water,

groundwater, subsurface drainage or roof water to be discharged into the Sanitary Sewer System

or any part thereof without a Wastewater Discharge Permit.

(B) A Wastewater Discharge Permit for the discharge of groundwater, subsurface

drainage, surface water, roof water, or Storm Water shall only be issued if there is no reasonable

alternative method for disposal of such water.

(C) If permitted, discharge of groundwater, subsurface drainage, surface water, roof

water, or Storm Water shall be subject to all applicable requirements of this Chapter, including

but not limited to the payment of applicable permit fees and such terms and conditions as the

District may impose in the Wastewater Discharge Permit.

7.110 Obstructing or Injurious Substances. No Person shall discharge, cause, allow, or permit to

be discharged, thrown, or deposited into the Sanitary Sewer System or any part thereof, or into

any plumbing fixture or Private Sewer or drain connected either directly or indirectly to the

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Sanitary Sewer System, any substance of any kind whatsoever tending to obstruct or injure the

Sanitary Sewer System or to cause a nuisance or hazard, or which will in any manner interfere

with the proper operation or maintenance of the Sanitary Sewer System.

7.120 Flammable or Explosive Substances. No Person shall discharge, cause, allow, or permit

to be discharged into the Sanitary Sewer System any Wastewater containing any flammable,

liquid, solid, vapor, or gas or other substance, including, but not limited to any substance having

a closed cap flash point of less than one hundred forty degrees Fahrenheit (140° F) or sixty

degrees Centigrade (60° C) using test methods specified in 40 CFR 261.21.

7.130 Hot Substances. No Person shall discharge, cause, allow, or permit to be discharged into

the Sanitary Sewer System or any part thereof, any liquid, solid, vapor, gas, or thing having or

developing a temperature of one hundred fifty degrees Fahrenheit (150° F) or more, or which

may cause the temperature at the San Jose/Santa Clara Water Pollution Control Plant to exceed

one hundred and four degrees Fahrenheit (104° F).

7.140 Grease, Oil and Fats.

(A) No Person shall discharge, cause, allow or permit to be discharged, into the Sanitary

Sewer System any liquid or other waste containing Grease in excess of one hundred fifty parts

per million (150 ppm) by weight.

(B) No Person shall discharge, cause, allow, or permit any grease discharge from a Food

Service Establishment into the Sanitary Sewer System, unless such discharge has first been

processed through an approved Grease Control Device.

(C) No Person shall discharge, cause, allow, or permit to be discharged any Yellow

Grease, or any waste or material mixed with Yellow Grease, into the Sanitary Sewer System

from a Food Service Establishment. No Yellow Grease from a Food Service Establishment shall

be mixed with Grease Trap or Grease Interceptor waste.

7.150 Solid or Viscous Matter. No person shall discharge, deposit, throw, or cause to be

discharged, deposited, or thrown into the Sanitary Sewer System, or any part thereof, any ashes,

cinders, pulp, paper, sand, cement, mud, straw, shavings, metal, glass, rags, feathers, tar, asphalt,

resins, plastic, wood, animal hair, paunch manure, or any heavy solid or viscous substance

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capable of causing obstruction to the flow in the Sanitary Sewer System, or any part thereof, or

which would interfere with the proper operation of the San Jose/Santa Clara Water Pollution

Control Plant, or the treatment of Sanitary Sewage or Industrial Wastes.

7.160 Corrosive Matter. No Person shall discharge, cause, allow or permit to be discharged,

into the Sanitary Sewer System, or any part thereof, any liquid, solid, vapor, gas or thing having

a "pH" lower than six (6.0) or equal to or greater than twelve and one-half (12.5) or having any

other corrosive property capable of causing damage or hazard to the Sanitary Sewer System or

any part thereof, or to any personnel operating, maintaining, repairing or constructing said

Sanitary Sewer System or any part thereof, or working in or about said system.

7.170 Toxic Gases, Vapors, or Fumes. No Person shall discharge, or cause, allow or permit to

be discharged into the Sanitary Sewer System any substance of any kind whatsoever which

results in the presence of toxic gases, vapors or fumes within the Sanitary Sewer System in a

quantity that may cause acute health and/or safety problems for workers in the Sanitary Sewer

System.

7.180 Interfering Substances.

(A) No person shall discharge, or cause, allow or permit to be discharged into the

Sanitary Sewer System or any part thereof, any Industrial Waste containing any of the following

toxic substances exceeding the concentrations set forth below.

Standard Discharger Low Flow Discharger

Maximum Allowable Maximum Allowable

Toxic Substances Concentrations Concentrations

Antimony 5.0 mg/1 5.0 mg/l

Arsenic 1.0 mg/1 1.0 mg/l

Beryllium .75 mg/1 0.75 mg/l

Cadmium 0.7 mg/1 0.7 mg/l

Chromium, Total 1.0 mg/1 1.0 mg/l

Copper 2.3 mg/1 2.7 mg/l

Cyanides 0.5 mg/1 0.5 mg/l

Lead 0.4 mg/1 0.4 mg/l

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Mercury 0.010 mg/1 0.010 mg/l

Nickel 0.5 mg/1 2.6 mg/l

Phenol and derivates 30.0 mg/1 30.0 mg/l

Selenium 1.0 mg/1 1.0 mg/l

Silver 0.7 mg/1 0.7 mg/l

Zinc 2.6mg/1 2.6 mg/l

(B) No Person shall discharge, or cause, allow, or permit to be discharged into the

Sanitary Sewer System or any part thereof, any toxic or poisonous substances or any other

pollutants, including Biochemical Oxygen Demand, in sufficient quantity to injure or cause an

Interference with the sewage treatment process or Pass-Through the San Jose/Santa Clara Water

Pollution Control Plant, or in sufficient quantity to constitute a hazard to humans or animals, or

in sufficient quantity to create a hazard for humans, or aquatic life in any waters receiving

effluent from the Sanitary Sewer System, or which may create a hazard in the use or disposal of

sewage sludge.

(C) All samples, both grab and composite, shall demonstrate compliance with the above

limits.

(D) Any industrial user that violates any of the interfering substances limits must

resample and submit sample reports for all pollutants in violation of any applicable permit limits

or other pollutants as required by the District Manager within thirty (30) days of becoming aware

of the violation.

7.190 Prohibition on Use of Diluting Waters. No Industrial User shall ever increase the use of

process water, or in any way use Diluting Waters as a partial or complete substitute for adequate

treatment, or to meet local limits or achieve compliance with a discharge limitation, unless

expressly authorized by an applicable Pretreatment Standard or Requirement.

7.200 Copper-Based Chemical Compounds. No Person shall discharge, or cause, allow or suffer

to be discharged, any chemical compound containing greater than five (5) percent copper by

weight, to control roots or for any other purpose, into any Sanitary Sewer System or any part

thereof.

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7.210 Suspended Solids; Dissolved Matter. No Person shall discharge, cause, allow, or permit

to be discharged into the Sanitary Sewer System or any part thereof, any liquid containing

Suspended Solids or dissolved matter of such character and quantity that unusual attention or

expense is required to handle, process or treat such matter at the San Jose/Santa Clara Water

Pollution Control Plant.

7.220 Noxious or Malodorous Matter. No person shall discharge, or cause, allow or permit to

be discharged into the Sanitary Sewer System or any part thereof, any solid, liquid, vapor, gas, or

thing which is so malodorous or noxious that their discharge into the Sanitary Sewer System

would cause a public nuisance.

7.230 Radioactive Matter. No Person shall discharge, cause, allow, or permit to be discharged,

any radioactive waste into the Sewerage system, except that:

(A) Persons authorized to use radioactive materials by the State Department of Health or

other governmental agency empowered to regulate the use of radioactive materials may

discharge, cause to be discharged, or permit to be discharged such wastes, provided that such

wastes are discharged in strict conformance with the California radiation control regulations

(California Code of Regulations, Title 17, Chapter 5, Subchapter 4) and federal regulations and

recommendations for safe disposal of such wastes; and

(B) The Person so acting does so in compliance with all applicable rules and regulations

of all other regulatory agencies having jurisdiction over such discharges.

7.240 Colored Matter. No Person shall discharge, or cause, allow or permit to be discharged

into the Sanitary Sewer System or any part thereof, any wastewater with objectionable color not

removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning

solutions.

7.250 Garbage.

(A) No person shall discharge, deposit, or throw, or cause, allow or permit to discharged,

deposited, or thrown into the Sanitary Sewer System, or any part thereof, any Garbage, or any

fruit, vegetable, animal or other solid material from any food-processing plant or other industrial

29

facility or retail grocery store, irrespective of whether or not it shall have been first passed

through a mechanical grinder.

(B) No Person shall install, operate, use or maintain upon the Premises of any processing

plant, or any other industrial facility or retail grocery store, any mechanical grinder or waste

grinder that is connected directly or indirectly to the Sanitary Sewer System, or any part thereof.

(C) No Person shall discharge, deposit, throw, or cause, allow or permit to be discharged,

deposited, or thrown into the Sanitary Sewer System or any part thereof, any Garbage or fruit,

vegetable, animal or other solid kitchen waste material resulting from the preparation of any food

or drinks, in any dwelling, restaurant, or eating establishment, unless the same shall have first

been passed through a mechanical garbage or waste grinder in conformance with the provisions

of the California Plumbing and Electrical Code of the general jurisdiction within the District.

7.260 Screened Industrial Wastes.

(A) No Person shall discharge, or cause, allow or permit to be discharged into the

Sanitary Sewer System or any part thereof, any garbage, or any fruit, vegetable, animal, or other

solid Industrial Wastes resulting from the processing, packaging, or canning of fruits, vegetables,

or other foods or products, unless such wastes have been first passed through screens having

openings not exceeding 1/32 of an inch in dimension.

(B) The District Manager may authorize, in writing, the discharge into the Sanitary

Sewer System of such wastes if they are first passed through screens having larger openings, if

the District Manager is satisfied that such larger openings will provide screening efficiency and

effectiveness equal to or better than that provided by the above-specified openings of 1/32 of an

inch in dimension.

(C) Each person who discharges, causes, allows, or permits to be discharged into the

Sanitary Sewer System or any part thereof, any such wastes shall install and maintain in good

operating order, screens as hereinabove specified and appurtenances thereto, including but not

limited to all necessary conveyors and elevators, all in sufficient quantity and of sufficient size

and quality to continuously and effectively screen not less than one hundred (100) percent of the

peak hydraulic and solids loading imposed on such screens and appurtenances during any

processing period.

(D) No Person shall discharge any such screened wastes into the Sanitary Sewer System,

or any part of the system, unless and until he or she has obtained a Wastewater Discharge Permit

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pursuant to this chapter granting approval to do so. The District Manager may require such

person to provide to the District Manager a report prepared by a registered professional engineer

which shows, to the satisfaction of the District Manager, that the provisions of this section have

been complied with, before the Wastewater Discharge Permit is granted.

7.270 Installation of Grease Control Devices.

(A) Any food service establishment, or other type of business or establishment where

Grease or other viscous, obstructing, or objectionable materials may be discharged into a public

or private sewage main or disposal system, shall have a Grease control Device and related

plumbing of a size and design approved by the District Manager.

(1) Grease Interceptors shall meet the following minimum requirements:

(a) Designed retention time of no less than thirty (30) minutes.

(b) The effluent from the device must flow through an approved sample box.

(c) Installed per manufacturer’s specifications.

(d) At least two (2) manholes, situated so all standpipes can be fully observed,

and all internal surfaces can be reached, without confined space entry.

(e) Double-sweep clean-outs on the interceptor inlet an sample box outlet.

(f) Shall meet the specifications and be constructed in accordance with the

applicable provisions of the California Plumbing and Electrical Code of the general jurisdiction

within the District.

(2) Grease Traps shall meet the following minimum requirements:

(a) No injection ports for chemicals or bacteria.

(b) Installed per manufacturer’s specifications.

(c) Appropriate flow restrictors, whether integral or external to the device, must

be installed.

(d) Shall meet the specifications and be constructed in accordance with the



(3) Mechanical Grease Removal Devices shall be installed in accordance with

manufacturer’s specification.

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(B) Each Grease Control Device shall be so installed and connected that it shall be at all

times easily accessible for visual inspection, sampling, cleaning and removal of Grease, and

other matter from all surfaces.

(C) A Grease Control Device shall be situated on the Discharger’s Premises, except

when such a location would be impractical or cause undue hardship on the Discharger, the City

may issue an encroachment permit to allow the Grease Control Device to be installed in the

public street or sidewalk area and located so that it will not be obstructed by landscaping or

parked vehicles.

(D) Waste discharged from fixtures and equipment in establishments which may contain

Grease or other objectionable materials including, but not limited to, scullery sinks, pot and pan

sinks, dishwashers, food waste disposals, soup kettles, and floor drains located in areas where

such objectionable materials may exist, may be drained into the sanitary sewer through the

Grease Control Device if approved by the District Manager provided, however, that toilets,

urinals, wash basins, and other fixtures containing fecal material shall not flow through the

Grease Control Device.

7.280 Maintenance and Operation of Grease Control Devices.

(A) Grease Control Devices shall be maintained in efficient operating condition by

periodic removal of the accumulated Grease. The use of chemicals, bacteria, enzymes, or other

additives that have the effect of emulsifying or dissolving Grease is prohibited unless specifically

authorized by the District Manager in writing. No accumulated Grease shall be introduced into

any drainage piping or Public or Private Sewer.

(B) Grease Control Devices shall be cleaned on a sufficient frequency to prevent

objectionable odors, surcharge of the Grease Control Device, or Interference with the operation

of the Sanitary Sewer System.

(1) Grease Traps shall be cleaned at least once every thirty (30) days.

(2) Grease Interceptors shall be cleaned at least once every ninety (90) days.

(3) Mechanical Grease Removal Devices must be maintained in a manner and

frequency consistent with manufacturer specifications and guidance.

(4) Grease Control Devices shall be cleaned when their last chamber is filled to

twenty-five (25) percent or more of capacity with Grease or settled solids. Grease Interceptors

with a sample box shall be cleaned immediately when Grease is evident in the sample box.

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(5) Grease Control Devices shall be cleaned by being pumped dry and all

accumulated sludge on all surfaces shall be removed by washing down the sides, baffles and

tees. No water removed from the device during cleaning shall be returned to the Grease Control

Device.

(C) the District Manager may grant an exception to the requirement of Subsections B(1)

and B(2) where the District Manager finds, based on evidence presented by the Discharger, that a

less frequent cleaning schedule will be sufficient to assure that not more than twenty-five (25)

percent of the capacity of the Grease Control Device will be filled with Grease or settled solids,

and that no objectional odors are created.

(D) All Dischargers shall implement Best Management Practices in their operations to

minimize the discharge of Grease to the Sanitary Sewer System.

(E) Dischargers shall maintain records on site for a period of at least three (3) years as

follows:

(1) Discharger with an installed Grease Control Device shall maintain records

showing that the Grease Control Device has been properly maintained and cleaned as required by

this Section; and

(2) Food service Establishment shall maintain records showing that following related

to all Grease hauled off site: date and time material removed off site; volume removed; hauler

name; truck license number, type of Grease removed, and final destination of material collected.

(F) Abandoned Grease Control Devices or Grease Interceptors shall be emptied and

filled as required for abandoned septic tanks by the County of Santa Clara Department of

Environmental Health.

7.290 Prohibition. No Person shall discharge, cause, allow, or permit Fixer Solution to be

discharged into the Sanitary Sewer System without prior pretreatment to meet all applicable

limits.

7.300 Installation and Maintenance of Amalgam Separators.

(A) Except as provided in subsections (B) and (C) below, no Person shall discharge,

cause, allow, or permit any discharge to the Sanitary Sewer System from a dental vacuum

system, unless such discharge has first been processed through an Amalgam Separator .

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(B) For each dental vacuum system installed prior to January 1, 2009, an Amalgam

Separator shall be installed on or before December 31, 2010. No dental vacuum system shall be

installed on or after July 1, 2009 without an Amalgam Separator. Proof of certification and

installation records shall be submitted to the District Manager within thirty (30) days of

installation.

(C) A dental vacuum system may be operated without an Amalgam Separator provided

that the system is not used in connection with the removal or placement of fillings that contain

Dental Amalgam more than three (3) days per calendar year and the system is used exclusively

by the following types of dental practices:

(1) Orthodontics;

(2) Periodontics;

(3) Oral and maxillofacial surgery;

(4) Radiology;

(5) Oral pathology or oral medicine;

(6) Endodontistry and prosthodontristry.

(D) Amalgam Separators shall be maintained in accordance with manufacturer

recommendations. Installation, certification, and maintenance records shall be maintained for

minimum of five (5) years and available for immediate inspection upon request therefore by the

District Manager or designee during normal business hours.

7.310 Suspension of Service. When deemed necessary by the District Manager for the

preservation of public health or safety, or for the protection of public or private property, sewer

service may be suspended to any person or persons using the Sanitary Sewer System in a manner

or way as to endanger the public health or safety, or public or private property, and in this regard

sever from the Public Sewer all pertinent Connections thereto. If such endangerment shall be

imminent, then the District Manager may act immediately to suspend sewer service without giving

advance notice or warning whatsoever to said Person or Persons.

7.320 Federal Pretreatment Regulations. No Industrial User shall discharge, cause, allow or

permit a discharge into the Sanitary Sewer System in violation of any federal or state regulation

regulating discharges by such Users, including but not limited to the federal pretreatment

regulations found in Title 40 of the Code of Federal Regulations.

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(Adopted by Ord. 123, April 26, 1995; Amended by Ord. 135, May 28, 2008; Amended by Ord.

145, November 12, 2014)

7.330 Falsification of Information.

(A) It shall be unlawful to make any false statement, representation, record, report, plan or

other document or to tamper with or render inaccurate or divert flow from any monitoring device

or equipment installed or operated pursuant to this Chapter or of any permit issued under this

Chapter.

(B) In addition to any other punishment or remedy provided by law, any such falsification

or tampering shall be grounds for revocation of any permit issued under this Chapter.

7.340 Record Keeping. All Industrial Users subject to the reporting requirements of this

Chapter shall retain and make available for inspection and copying, all records of information

obtained pursuant to monitoring activities required by this Chapter, and any additional records of

information obtained pursuant to monitoring activities undertaken by the Industrial User

independent of such requirements. These records shall remain available for a period of at least

three (3) years. This period shall be automatically extended for the duration of any enforcement

action concerning the Industrial User, or where the Industrial User has been specifically notified

of a longer retention period by the District Manager.

7.350 Power to Inspect.

(A) The District Manager and other duly authorized employees and agents of the District

bearing credentials and identification shall have the right to access upon all properties for the

purpose of inspecting any Sewer or storm drain connection, suspected source of discharge to the

Sewer or storm drain, including all discharge connections of roof and surface drains and plumbing

fixtures; inspecting, observing, measuring, photographing, sampling, and testing the quality,

consistency, and characteristics of Sewage and industrial wastewaters being discharged into any

Public Sewer or natural outlet; and inspecting and copying any records relating to quantity and

quality of Wastewater discharges, including but not limited to water usage and effluent

discharged, chemical usage, and hazardous waste records.

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(B) The District Manager may terminate service or revoke the permit of any person who

has discharged Wastewater to the Sanitary Sewer System and has unreasonably refused access to

the District or its agents.

7.360 Public Nuisance. The discharge of unscreened Garbage, fruit, vegetable, animal or other

solid or liquid Industrial Wastes into any part of the Sanitary Sewer System in violation of any

provision of this Chapter, is hereby declared to be a public nuisance.

7.370 Discharge Reports.

(A) Discharges are subject to the reporting requirements as contained in Title 40 of the

Code of Federal Regulations. The District Manager may require that any person connected to or

discharging Wastewater into the Sanitary Sewer System file additional periodic discharge reports

or a zero discharge report.

(B) The periodic discharge report may be required to include, but need not be limited to,

nature of process, volume, rates of flow, mass emission rate, hours of operation, number of

employees, hauling records, potential for Slug Discharge or other information which relates to

the generation of waste, including Wastewater constituents and characteristics in the Wastewater

discharge and the ability of the Discharger to meet applicable discharge limits.

(C) The zero discharge report shall certify that the zero discharge user does not discharge

any process water to the sanitary sewer, or that a Zero Discharge Categorical User does not

discharge any categorical process water or ancillary process water to the designated zero

discharge categorical sample point into the Sanitary Sewer System. This report may be required

to include, but need not be limited to, nature of process, hours of operation, number of

employees, hauling records, or other information that relates to generation of wastes.

(D) The District Manager may also require such periodic discharge reports and zero

discharge reports to include information concerning the chemical constituents and quantity of

chemicals stored on-site, including waste hauling records or other information which relates to

the generation of wastes, even though they may not normally be discharged.

(E) In addition to discharge reports, the District Manager may require Dischargers to

submit such additional reports as may be necessary to allow the District to evaluate the

Discharger’s ability to comply with this Chapter, including but not limited to Best Management

Practices or self-monitoring reports.

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(F) It shall be unlawful for any person who has discharged Wastewater to the Sanitary

Sewer System to refuse to file any report requested by the District Manager or to file any report

or application after the due date as specified by the District Manager.

(G) Sampling and analysis shall be performed in accordance with 40 CFR part 136 and

amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical methods

for the pollutant in question, or where the District Manager determines that 40 CFR part 136 is

inappropriate for the pollutant in question, sampling and analysis shall be performed by using

analytical methods validated by the District Manager.

7.380 Upset - Rebuttal. The following circumstances may be raised as an affirmative defense to

an action brought for noncompliance with Categorical Pretreatment Standards:

(A) The Industrial User can demonstrate through properly signed, contemporaneous

operating logs, or other relevant evidence that:

(1) The Industrial User can identify the cause(s) of the Upset;

(2) When the Upset occurred, the facility was being operated in a prudent and

workman-like manner, and in compliance with applicable operation and maintenance procedures;

(3) The Industrial User has submitted the following information to the San Jose/Santa

Clara Water Pollution Control Plant:

(a) A description of the discharge to the San Jose/Santa Clara Water Pollution

control Plant and the cause of noncompliance;

(b) The period of noncompliance, including exact dates and times or, if not

corrected, the anticipated time the noncompliance is expected to continue; and

(c) Steps being taken and/or planeed to be taken to reduce, eliminate and prevent

recurrence of the noncompliance.

(4) The Industrial User shall report the information specified in Subsection (A)(3) to

the District Manager or designee within twenty-four (24) hours of becoming aware of the Upset,

and provide written notice within five (5) days of becoming aware of the Upset.

(B) The Industrial User seeking to establish the occurrence of an Upset as an affirmative

defense shall have the burden of proof.

(C) The Industrial User shall control production of all discharges to the extent necessary

to maintain compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of

its treatment facility until the facility is restored or an alternative method of treatment is provided.

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The requirement under this section applies even in a situation where the primary source of power

of the treatment facility is reduced, lost, or fails.

7.390 Enforcement. The primary responsibility for enforcement of the provisions of this Chapter

shall be vested in the District Manager, or agents of the District as he/she shall designate, provided

that field inspectors or other employees of the District or the City of San Jose Environmental

Services Watershed Protection Division staff as representatives of the San Jose/Santa Clara Water

Pollution Control Plant are hereby authorized to act as agents of the District for and on behalf of

the District Manager, with the power to inspect and issue notices for violations of this Chapter.

Nothing in this Chapter limits the authority of the District Manager to request that a civil or

criminal action be brought by the District’s counsel, a city attorney, a district attorney or the

Attorney General pursuant to this Chapter or under any law or regulation.

7.400 Termination of Service and Permit Revocation.

(A) The District Manager may revoke any Wastewater Discharge Permit, and/or

terminate, or cause to be terminated wastewater service to any premises:

(1) If a discharge of Wastewater from the Premises cause or threatens to cause a

violation of any provision of this Chapter or applicable local, state, or federal regulations; or

(2) If a discharge of Wastewater from the Premises causes or threatens to cause a

condition of contamination, pollution, or public nuisance.

(B) Written notice of the permit revocation or service termination, and a statement of the

grounds therefore, shall be delivered to the Discharger. The notice shall be effective ten (10)

calendar days after it is served on the Discharger, unless the District Manager determines that

immediate permit revocation or suspension of service is necessary for the preservation of public

health or safety or for the protection of public or private property. If the District Manager

determines that immediate permit revocation or suspension of service is necessary, the District

Manager may act to revoke the permit or suspend service immediately after written notice is

delivered to the Discharger.

(C) It shall be unlawful for any person to discharge any material into the Sanitary Sewer

System from any premises for which the permit has been revoked or wastewater service has been

suspended or terminated.

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7.410 Correction of Violations; Collection of Costs; Injunction.

(A) The District may abate any violation of this Chapter.

(B) The cost of such abatement may be added to the sewer service charge of the Owner or

tenant of the property upon which the violation occurred, and the District shall have all available

remedies for the collection of such costs as it has for the collection of sewer service charges.

7.420 Civil Penalties. Any person who intentionally or negligently violates any provisions of this

Chapter, any provision of any permit issued pursuant to this Chapter, or who intentionally or

negligently discharges waste or Wastewater which causes pollution, or violates any effluent

limitation, national standard of performance, or national pretreatment or toxicity standard, shall be

civilly liable to the District in a sum up to ten thousand dollars ($10,000) for the first day in which

such violation occurs, up to twenty-five thousand dollars ($25,000) for the second day in which

such violation occurs, and up to fifty thousand dollars ($50,000) for each additional day.

7.430 Mandatory Wastewater Discharge Permits. No Critical User or Significant Industrial User

shall connect, discharge, cause, allow, or permit any discharge, into the Sanitary Sewer System

except in accordance with a Wastewater Discharge Permit issued by the District Manager.

7.440 Permit Duration and Amendment.

(A) Wastewater discharge permits shall be issued for a specific duration, not to exceed

five (5) years.

(B) Permits shall be subject to amendment by the District as limitations or requirements

for discharge are modified and changed.

(C) The holder of a Wastewater discharge permit shall be informed of any proposed

amendment to its permit at least thirty (30) days prior to the effective date of the amendment.

(D) The District Manager may include a compliance schedule in an amended permit.

7.450 Permit Application.

(A) All persons requiring a Wastewater Discharge Permit shall file a complete

application, in the form prescribed by the District Manager and accompanied by payment of all

fees established by this Ordinance Code and further accompanied by payment of all fees

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established by the City of San Jose, in connection with its industrial waste discharge permit

program.

(B) For new construction, permit applications shall be filed with the District Manager at

the time that an application for a building permit for a new building or structure is made.

(C) All persons discharging Wastewaters into the Sanitary Sewer System for which a

discharge permit has been issued must apply for a new permit prior to making a Significant

Change in the operations affecting their discharge.

7.460 Delinquent Fees

(A) Wastewater Discharge Permit are due ninety (90) days prior to: (a) Commencing

discharge to the Sanitary Sewer System; (b) Commencing operation of a zero discharging

categorical process; or (c) Expiration of existing Wastewater Discharge Permit. Any person who

fails to file Wastewater Discharge Permit application by the application due date prior to

discharge shall be assessed a penalty for delinquent filing as follows:

(1) Up to and including thirty (30) days after the application due date, the penalty

shall be fifty (50) percent of the permit fee.

(2) Thirty-one (31) to ninety (90) days after the application due date, the penalty

shall be one hundred (100) percent of the permit fee.

(3) Ninety-one (91) days to one (1) year after the application due date, the penalty

shall be one thousand (1000) percent of the permit fee.

(B) Such penalties shall be in addition to any other penalties or fines that may be levied,

and in addition to any other remedies that the District may have with respect to the discharge.

(C) The District Manager may waive the assessment of penalty if the Industrial User

meets all of the following requirements:

(1) The Industrial User has submitted a completed Wastewater Discharge Permit

application to the San Jose/Santa Clara Water Pollution Control Plan no later than thirty (30)

days from the date the application was due;

(2) The Industrial User has applied to the San Jose/Santa Clara Water Pollution

Control Plan for a waiver no later than thirty (30) days from the date the application was due;

(3) The Industrial User submitted timely applications for:

(a) The five (5) years immediately prior to the present late Wastewater

Discharge Permit application, or

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(b) The two (2) years immediately prior to the present late Wastewater

Discharge Permit application if the Industrial User has discharged for less than five (5) years;

and

(4) The Industrial User can provide documentation that

(a) The application was postmarked or received by the San Jose/Santa Clara

Water Pollution Control Plan no later than three (3) days after the application due date, or

(b) Failure to submit a timely application was due to circumstances beyond the

control of the Industrial User, and occurred despite the exercise of ordinary care and the absence

of willful neglect.

7.470 Signature Requirements.

(A) Permit applications, discharge reports and any other reports required by the District

Manager to be signed, shall be signed by an executive officer of the business filing the application.

(B) Such executive officer shall be at least of the level of vice-president, general partner,

president, or an individual responsible for the overall operation of the facility applying for said

permit, or meet federal requirements for NPDES applications as contained in Title 40 of the Code

of Federal Regulations.

(C) Reports subject to requirements in Title 40 of the Code of Federal Regulations shall

include the relevant certification statement as set forth in Title 40 of the Code of Federal

Regulations, CFR Section 403.12, subsections (l) or (q).

7.480 Additional Information.

(A) If the District Manager is not satisfied that the Wastewater Discharge Permit

application has sufficient information to determine whether the permit should be issued, the

District Manager may refuse to issue the permit or request that the applicant submit further

information.

(B) The applicant shall have thirty (30) working days, or such longer period of time as

allowed by the District Manager, after reviewing a request for information, to complete the

application.

(C) If the returned application is not resubmitted within the specified time period, then a

new application for a Wastewater Discharge Permit must be submitted along with the application

fees and any delinquent fees for a new permit.

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7.490 No Transfer of Permit. Wastewater discharge permits are issued to a specific User for a

specific operation. A Wastewater discharge permit shall not be reassigned or transferred or sold to

a new Owner, new User, different Premises, or a new or changed operation without prior approval

of the District Manager. However, nothing in this Ordinance shall be construed to prevent the

application of terms and conditions of this Ordinance, including enforcement penalties, from

applying to a succeeding Owner, successor in interest, or other assigns of an existing contract of

permit holder.

7.500 Denial of Permit.

The District Manager may deny a discharge permit if any one or more of the following

conditions exist:

(A) The application is not accompanied by the required fee(s).

(B) The application contains false or misleading information.

(C) The issuance of the Wastewater Discharge Permit would result in the discharge of

Industrial Wastes of such quantity or strength that the public health or safety, or public or private

property are endangered.

(D) The issuance of the Wastewater Discharge Permit would cause the San Jose/Santa

Clara Water Pollution Control Plant to violate any permit conditions, laws, or regulations of the

state and/or federal government.

(E) The applicant has not provided adequate information to establish that its discharge

will comply with all requirements of this chapter and with such other terms and conditions as the

District Manager may deem necessary to include in the applicant's Wastewater Discharge Permit.

(F) The applicant has not provided plans for sufficient protection from Accidental

Discharges to the Sanitary Sewer System.

(G) If the District Manager refuses to issue a Wastewater Discharge Permit, the

application fees shall not be returned to the applicant unless the District Manager has ascertained

that a permit is not required to discharge the Wastewater for which the Wastewater Discharge

Permit application is made.

7.510 Permit Conditions.

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(A) Wastewater discharge permits shall be expressly subject to all provisions of this

Chapter and all other regulations, user charges, discharge limitations, and fees established by the

District and all applicable local, state and federal law and regulations.

(B) The permit may include such terms and conditions as the District Manager may

deem necessary to implement this Chapter, or any other applicable local, state, or federal law and

regulations, including but not limited to:

(1) Limits on the average and maximum Wastewater volume, constituents and

characteristics.

(2) Requirements for installation and maintenance of flow monitoring, inspection,

and sampling facilities;

(3) Specifications and Pretreatment Requirements for monitoring programs which

may include sampling locations, frequency of sampling, number, types, and standards for tests

and reporting schedule;

(4) Compliance schedules;

(5) Requirements for submission of technical reports or discharge reports.

(6) Requirements for maintaining and retaining facility records relating to

Wastewater discharge as specified by the District and affording the District or its agent access

thereto;

(7) Requirements for notification to the District or its agents of any new introduction

of wastewater constituents or any Significant Change in the volume or character of the

wastewater constituents being introduced into the wastewater stream;

(8) Requirements and plans for protection against Accidental Discharges, including

but not limited to berming of chemicals and waste materials. The review and approval of such

plans and operating procedures shall not relieve the User from the responsibility of modifying

the facility as necessary to provide the protection necessary to meet the requirements of this code

or other state or federal regulations.

(9) Requirements for notification of Accidental Discharges; and

(10) Requirements for the submission of a Slug Control Plan or specific element

thereof.

7.520 Waiver of Pollutants Not Present.

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(A) A Categorical Industrial User seeking to request a waiver of monitoring requirements

for pollutants not present must submit the following with its permit application:

(1) Date from at least one (1) sampling of the facility’s process Wastewater prior to

any treatment that is representative of all Wastewater from all processes;

(2) Signature in compliance with Section 7.470;

(3) Certification statement as specified under 40 CFR 403.6(a)(2)(ii); and

(4) Other technical factors as may be required by the District Manager to demonstrate

that the pollutant is not present in the Industrial User’s discharge.

(B) If approved, the waiver shall be included as part of the Categorical Industrial User’s

discharge permit. The Categorical Industrial User must certify in each self-monitoring report with

the statement set forth in 40 CFR 403.12(e)(2)(v) that there has been no increase in the waste

stream due to the activities of the User of the pollutant that was waived.

(C) The waiver shall only be valid for the term of the permit, and a new request for waiver

must be submitted for each new permit.

7.530 Permit Appeals.

(A) Any permittee or permit applicant may appeal a notice of revocation of a

Wastewater Discharge Permit, notice of denial of a Wastewater Discharge Permit, any term or

condition of a Wastewater Discharge Permit, amendment of a Wastewater Discharge Permit, or

notice of termination of service to the District Manager.

(B) A request for hearing on a decision to revoke a permit or terminate service shall be

filed in writing with the District Manager within ten (10) days after the date the notice of

revocation or termination of service is served on the permittee. A request for hearing on a

decision to revoke a Wastewater Discharge Permit or terminate service shall, except in the case

of immediate Wastewater Discharge Permit revocation or suspension of service for the

preservation of public health or safety or for the protection of public or private property, stay the

effect of the notice of revocation or termination of service, during the pendency of the appeal.

(C) A request for hearing on a decision to deny a Wastewater Discharge Permit, on the

terms or conditions in a Wastewater Discharge Permit, on an amendment to a Wastewater

Discharge Permit, shall be filed, in writing, with the District Manager within thirty (30) days

after the date the notice of decision is served on the applicant.

44

(D) Failure of a permittee or applicant to timely request a hearing shall be deemed

acceptance of the District Manager's decision, and the District Manager's decision shall be

deemed final and effective.

(E) At the hearing before the District Manager, the applicant shall be given an

opportunity to present witnesses and documentary and other evidence.

(F) The hearing will be conducted informally and technical rules of evidence shall not

apply. Any and all evidence which the District Manager deems reliable, relevant and not unduly

repetitious may be considered.

(G) The applicant may be represented at the hearing by another person.

(H) The District Manager shall provide written notice of decision on the appeal to the

permittee or applicant. The decision of the District Manager on the appeal shall be deemed final

and effective three (3) days after the notice of the decision on appeal is served on the permittee

or applicant.

(I) Filing of a request for hearing shall not entitle any person to discharge in violation of

any of the provisions of this code.

7.540 Additional Relief. The remedies provided by this Chapter are cumulative, and shall not be

construed as restricting any remedy provided by law for the benefit of the District.

7.550 Applicability of Regulations Issued by the Director of Environmental Services of the City

of San Jose. In addition to the provisions contained in the District’s Ordinance Code, Industrial

User discharging industrial waste into the District’s Sewer system, shall be subject to all

Wastewater Discharge Permit regulations promulgated by the Director of Environmental

Services of the City of San Jose authorized by this Chapter and Chapter 15.14.790 of the San

Jose Municipal Code which are not inconsistent with the District’s Ordinance Code.

7.560 Publication of Users in Significant Noncompliance. The District Manager is authorized to

publish annually, a list of Significant Industrial Users, at any time during the previous twelve

(12) months, which were in Significant Noncompliance with applicable Pretreatment Standards

and Requirements. The term significant compliance is defined in 40 CFR 403.8.

3. Publication

45

This ordinance shall take effect and be in force thirty days after its enactment, and before

expiration of fifteen days after its enactment it shall be published once with the names of the

members of the Board of Directors voting for and against the same in at least one newspaper of

general circulation published and circulated in the District.

INTRODUCED at a regular meeting of the Board of Directors of West Valley Sanitation

District on the 8th day of October, 2014.

ENACTED at a regular meeting of the Board of Directors on the ___ day of

___________, 2014, by the following vote:

AYES: Directors

NOES: Directors

ABSENT: Directors

______________________________ Chairperson of the Board Attest:

_______________________ Secretary

1

Chapter 1, Section 1.050 Amendments (Mark-Up)

1.050 Definitions. The following words and phrases whenever used in the oOrdinances of West

Valley Sanitation District of Santa Clara County, California, shall be construed as defined in the

section unless from the context a different meaning is intended or unless a different meaning is

specifically defined or more particularly directed to the use of such words or phrases:

(A) Definitions beginning with “A”:

(1) “Accidental Discharge” means any discharge at a flow or concentration which could

cause a violation of the discharge standards in this oOrdinance cCode or any discharge of a non-

routine, episodic nature, including, but not limited to, an accidental spill or slug.

(2) “Acreage” means the gross area of a parcel of land after the area existing sStreets have been

deducted.

(3) “Amalgam Separator” means a device that employs filtration, settlement, centrifugation, or ion

exchange to remove Dental Amalgam and its metal constituents from a dental office vacuum system

before it discharges to the sanitary sewer; has been certified under the International Organization for

Standardization’s standard for Aamalgam Sseparators as capable of removing a minimum of ninety-

five (95) percent (95%) of Dental Amalgam at flow rates comparable to the flow rate of the actual

vacuum suction system in operation; and does not have any automatic flow bypass.

(4) “Amalgam Waste” means and includes non-contact Dental Amalgam (Dental

Amalgam scrap that has not been in contact with the patient); contact Dental Amalgam (including

but not limited to, extracted teeth containing amalgam); Dental Amalgam sludge captured by chair-

side traps, vacuum pump filters, screens, and other Dental Amalgam trapping devices; and used,

leaking or unusable capsules containing Dental Amalgam.

(5) "“Ammonia" ” means that form of nitrogen which is chemically definable as

compound NH3.

(6) "“Audit Protocols"” means the procedures to be followed in performing flow and

pollutant studies.

(7) “Average Concentration” means the concentration of a pollutant in an iIndustrial

uUser’s discharge that is calculated by adding the concentrations of the particular pollutant in all

composite samples taken during a given time period, including by not limited to self -monitoring

samples, and dividing the total by the number of samples taken.

2

(B) Definitions beginning with “B”:

“Backflow Protective Device” means a mechanical check valve device, that is installed on the

sewer lateral, to prevent the backflow of sewage from downstream sources into a building space.

(8) “Batch Discharge” means the discharge of Wwastewater resulting from an intermittent

treatment process in which an identified amount of process Wwastewater is collected, treated to

meet discharge standards, and released to the sSanitary sSewer sSystem.

(9) “Best Management Practices” means schedules of activities, prohibitions of practices,

implementation of devices and other technology, maintenance procedures and other management

practices to prevent or reduce the introduction of pollutants to the Ssanitary sSewer sSystem which

have been determined approved for use by the District Manager and Engineer to be cost effective

for particular industry groups, business types, or specific industrial processes.

(10) "“Biochemical Oxygen Demand" ” means the quantity of oxygen, expressed in parts

per million (ppm) by weight, utilized in the biochemical oxidation of organic matter under standard

laboratory conditions for five (5) days at a temperature of twenty degrees centigrade (20 C).

(11) “Board” means the Bboard of Ddirectors of the dDistrict.

(C) Definitions beginning with “C”:

(12) “Categorical Industrial User” or CIU means a Ssource performing any categorical

process subject to Federal pretreatment standards, as described in 40 CFR 405-471 that has any

connection to the sSanitary sSewer sSystem.

(13) “Categorical Pretreatment Standard” or “Categorical Standard” means any

regulation containing pollutant discharge limits promulgated by the Environmental Protection

Agency that apply to specific categories of uUsers and which appear in 40 CFR 405-471.

“Clean Water Act” means the 1972 amendment to the Federal Water Pollution Control

Act, 33 U.S.C. section 1251 et seq. The Clean Water Act is the primary legislation concerning water

pollution and its regulation. The Clean Water Act establishes a permit system that must be used by

point sources of pollution such as industrial facilities, government facilities, and agricultural

operations. These point sources are not allowed to discharge or dispose of the pollutants they

produce in surface water without a permit from the National Pollutant Discharge Elimination

System (NPDES).

(14) “Code of Federal Regulations” or “CFR” refers to the Code of Federal Regulations as

published by the Office of the Federal Register National Archives and Records Administration.

3

Whenever a reference is made to any portion of said Code, or to any other federal regulation such

reference shall apply to all amendments and additions to such portion of said Code now or

hereinafter enacted.

(15) “Commercial, Industrial, and Miscellaneous Condominium Premises” means a

unit of a cCondominium other than a residential cCondominium premises, designed, improved or

used for any purpose other than as a residence for one or more families living separately in

Sseparate dDwelling uUnits or which is designed, improved or used as a residence for one or more

families living separately in sSeparate dDwelling uUnits and for one or more other purposes.

(16) “Commercial, Industrial and Miscellaneous Premises” means a pPremises, other

than a sSingle-Ffamily Ppremises, tTwo-Ffamily Ppremises and a mMultiple-fFamily Ppremises,

designed, improved or used for any purpose or purposes other than as a residence for one or more

families living separately in sSeparate dDwelling uDnits, or which is designed, improved or used as

a residence for one or more families living separately in Sseparate dDwelling uUnits and for one or

more other purposes.

(17) "“Composite Sample"” means a sample, which accurately represents the average

pollutant concentration discharged during a continuous time period.

(A)A. A flow-proportional sample may be obtained manually or automatically, and

discretely or continuously. For manual compositing, at least six (6) individual samples from each

sample point shall be combined and mixed to obtain one Composite sSample; flow-proportion may

be obtained either by varying the time interval between each discrete sample or the volume of each

discrete sample.

(B)B. If multiple batches are discharged over a 24-hour period, then one sample must be

collected from each bBatch dDischarged in that 24-hour period and composited into a single

sample. A single sample from a batch representing one or more production days will be considered

a single cComposite sSample.

(18) “Condominium” means an estate in real property, separately assessed, consisting of

an undivided interest in common in a portion of a parcel of real property together with a separate

interest in space in a residential, industrial, or commercial building or such real property, such as an

apartment, office, or store. A cCondominium may include, in addition, a separate interest in other

portions of real property.

(19) “Connection” means the physical attachment of a pPremises to a pPublic sSewer by a

pPrivate sSewer.

4

(20) “Connector” means any person who receives permission from the dDistrict to connect

his pPremises to the dDistrict’s sSanitary sSewer sSystem.

(21) “Contractor” means any person who is licensed by the State and performs the

work of installing or connecting to public sewers within the district.

(22) “Cost Effective” means that total project costs, if financed over a five (5) year

period at the prime interest rate published in the Wall Street Journal plus two percent (2%)

at the time the project costs are being determined, do not exceed the total savings that would e

generated by the project during the same five (5) year period. Project costs shall also be

considered cost effective if financing assistance is available to the discharger, from any source,

at a lower rate and the project costs, if financed over a five (5) year period at that rate do not

exceed the total savings that would be generated by the project during the same five (5) year

period.

(23) “County” means the County of Santa Clara.

(24) “Continuous Discharge” means a discharge which occurs without interruption

throughout the operating hours of the facility, except for infrequent shutdowns for maintenance,

process changes, or other similar activities.

“Contractor” means any person or company who is currently licensed by the State of California

Contractors State License Board and performs the work allowed by their license. Only license

designations of a Class A, General Engineering, Class C-34, Pipeline, and Class C-42, Sanitary

Sewer System are allowed to install or connect to Public Sewers with the District.

“County” means the County of Santa Clara.

(25) "“Critical User"” means a Ddischarger whose wWastewater contains Ppriority

Ppollutants, or who discharges any waste which has the potential to cause iInterference, in

concentrations above those allowed in this Section, or who discharges in excess of 100,000 gallons

per day (gpd).

(D) Definitions beginning with “D”:

“Design Standards” or “District Design Standards” means the District’s Sanitary Sewerage

System Design Standards, current version.

(26) “Dental Amalgam” means an alloy of mercury with another metal, used by dentists to fill

cavities in teeth.

5

(27) "“Diluting Waters"” means non-contact cooling water, boiler blowdown, domestic

sewage, ground water, storm water, surface drainage, reverse osmosis reject, or water softener

regeneration, potable waters, or any waters which are not part of an industrial process and which do

not contain pPriority pPollutants but are combined with industrial wastewater prior to the

monitoring point for industrial wastewater discharge. “Diluting Wwaters” also includes excess

water used in production processes, such as rinse tanks or rinse water running when not in

production in excess of operational or quality requirements.

(28) “Discharger” means any person or entity discharging Wwastewater into the sSanitary sSewer

sSystem.

(29) "“District"” means West Valley Sanitation District of Santa Clara County, California.

“District Design Standards” means the West Valley Sanitation District of Santa Clara County

Sanitary Sewerage System Design Standards, current revision.

(30) “Domestic Wastewater” means wWastewater from private residences and

wWastewater from other pPremises resulting from the use of water for personal washing, sanitary

purposes or the elimination of human wastes and related matter.

(E) Definitions beginning with “E”:

(31) “Existing sSource” means any source of discharge that is not a Nnew sSource.

(F) Definitions beginning with “F”:

(32) “Fixer Solution” means a solution containing silver used in the photographic processing of

dental x-rays, x-rays and photographs.

(33) “Food Service Establishment” means a uUser that prepares and/or sells food for

consumption either on or off the pPremises, or washes utensils or dishes on pPremises that may

contribute Grease to the sewer system, including, but not limited to, restaurants, sandwich shops,

delicatessens, bakeries, cafeterias, markets, bed and breakfast inns, motels, hotels, meeting halls,

caterers, retirement and nursing homes, churches, schools, sporting clubs, gas stations, coffee and

juice bars, or pizzerias. The term, as used in this Ccode, does not refer to the food stores or

establishments that do not prepare food on premises and do not process food in a manner which

may contribute Grease to the sanitary sewer system. A Food Service Establishment shall be

deemed to be contributing Grease if it is not properly maintaining and operating an approved Grease

Trap or Interceptor and or is not performing accepted Best Management Practices for controlling

6

Grease. Furthermore, a Food Service Establishment shall be deemed to be contributing Grease to

the sSanitary sSewer sSystem where a Sanitary Sewer Overflow has occurred due to Grease, or

there has been a loss of twenty-five (25) percent (25%) or more of a sewer line capacity due to

Grease, downstream of the Food Service Establishment.

(34) “Frontage” is typicallymeans normally the length of propertydistance that a or parcel of land

runnings alongside, or fronting an existing or future sStreet.

(G) Definitions beginning with “G”:

(35) “Garbage” means solid wastes from the preparation, cooking and dispensing of foods,

and from the storage and sale of produce.

(36) “Grab Sample” means a single discrete sample collected at a particular time and place

which represents the composition of the wastestream only at that time and place.

(37) “Grease” means liquid or other waste containing floatable and/or dispersed gGrease,

vegetable oil, petroleum oil, non-biodegradable cutting oil, or fat, oil or grease products of animal,

vegetable or mineral origin which is detectable and measurable using analytical test procedures

established in the United States Code of Federal Regulations, 40 CFR 136. Fats, Oils, and Grease

(FOG) is a term that is commonly used to encompass Grease.

(38) “Grease Control Device” means a Grease Interceptor, Grease Trap, Mechanical

Grease Removal Device or other Ddevice approved for use by the District Manager.

(39) “Grease Interceptor” means a large tank installed underground and designed to

collect and control solid- food wastes and floating- gGrease from wWastewater prior to discharge

into the sanitary sewer collection system. Grease Interceptors are normally installed outside the

building and use gravity to separate Grease from the wWastewater as it moves from one

compartment of the Interceptor to the next.

(40) “Grease Trap” means a device placed under or in close proximity to sinks or other

fixtures likely to discharge gGrease in an attempt to separate, trap and hold oil and gGrease

substances.

(H) Definitions beginning with “H”:

(41) “Half-Year Period” means and includes the first or second half of each calendar year.

7

(I) Definitions beginning with “I”:

(42) “Industrial User” means any non-residential user that discharges iIndustrial wWastes

to the sSanitary sSewer sSystem.

(43) “Industrial Wastes” means the non-domestic wastes from producing, manufacturing,

and processing operations of every kind and nature.

(44) “Industrial Wastes of Excessive Strength” means industrial wastes discharged

from any premises into the sanitary sewer system in any one operating day content in excess

of 300 parts

per million, (a) which have an average daily suspended solids content in excess of 300 parts

per million, or (b) which have an average biochemical oxygen demand in excess of 300 parts

per million, or (c) which contain in excess of 2500 pounds of suspended solids, or (d) which

contain in excess 2500 pounds of biochemical oxygen demand.

(45) “Interference” means:

(A) A. “Interference” means aA discharge which alone, or in conjunction with a

discharge or discharges from other Ssources, inhibits or disrupts the processes or operation of the

sSanitary sSewer sSystem, including the Plant, or causes or significantly contributes to a violation

of any requirement of the National Pollutant Discharge Elimination System (NPDES) Permit, which

is a permit issued to the Plant pursuant to Section 402 of the Clean Water Act.

(B) B. “Interference” also includes prevention of bio-solids use or disposal by the Plant

in accordance with published regulations providing guidelines under Section 405 of the Clean

Water Act or in regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the

Clean Water Act, the Toxic Substances Control Act, or more stringent state regulations (including

those contained in any state bio-solids management plan prepared pursuant to Title IV of SWDA)

applicable to the method of disposal or use employed by the Plant.

(46) “Installer” means a Pperson, including the dDistrict, who contracts for the installation

of a sSewer.

(J) Definitions beginning with “J”:

Reserved.

(K) Definitions beginning with “K”:

Reserved.

8

(L) Definitions beginning with “L”:

(47) “Low Flow Discharge” means an iIndustrial dDischarger whose average Pprocess fFlow, as

shown on the Discharger’s Application to Discharge, and as measured as a rolling six-month

average, is less than one thousand (1000) gallons per day.

(M) Definitions beginning with “M”:

(48) “Manager” means District Manager and Engineer of West Valley Sanitation

District.

(49) “Mass Audit Study” means an investigation of pollution prevention and source

reduction measures performed by or for an industrial user, pursuant to audit protocols

adopted by the San Jose/Santa Clara Pollution Control Plant to analyze the volume and

concentration of nickel, copper, and/or any other priority pollutant identified in regulations

adopted by the plant in an industrial users process streams and discharge and to identify the

maximum feasible reduction measures available to the industrial user.

(50) “Maximum Allowable Concentration” means the highest permissible concentration

or other measure of pollutant magnitude taken at a specific point in time or period in time.

(51) “Maximum Feasible Reduction Measures”

A. “Maximum Feasible Reduction Measures” means all individual measures,

and all functionally interdependent measures, of reducing the mass of specified pollutant(s) in

an industrial user’s discharge, which the District Manager and Engineer finds would be cost

effective if installed by the industrial user.

B. For the purpose of this Section, individual measures which are not cost

effective shall nonetheless be considered part of a functionally interdependent group of cost

effective measures if they substantially reduce the mass of pollutant(s) discharged, and the

other measures with which they are grouped are their functional prerequisite.

(52) “Mechanical Grease Removal Device” means a power operated device or

combination of devices using electrical equipment to heat, filter, siphon, skim or otherwise separate

and retain floating gGrease and solid food waste prior to wastewater exiting the trap and entering

the sanitary sewer collection system.

(53) “Mobilehome” means a vehicle designed and equipped for human habitation and

residence, including but not limited to, travel trailer, camp cars, recreational vehicles, tent trailers,

motor homes, etc.

9

(54) “Mobilehome Park Premises” means any area or tract of land where one (1) or more

mMobilehome lots (any area or portion of a mMobilehome park designated, designed or used for

the occupancy of one mMobilehome on a temporary, semi-permanent or permanent basis) are

rented or

leased or held out for rent or lease to accommodate mMobilehomes used for human residence or

habitation.

(55) “Multiple Family Premises” means a premises which is designed, improved or used

as a residence for three or more families, living separately in sSeparate dDwelling uUnits, and

which is not designed, improved or used for any other purpose.

(N) Definitions beginning with “N”:

(56) “New sSource” means:

A. (A) Any building, structure, facility or installation from which there is (or may be) a

discharge of pollutants, the construction of which commenced after the publication of proposed

Pretreatment Standards under section 307(c) of the Clean Water Act that will be applicable to such

source if such Standards are thereafter promulgated in accordance with that section, provided that:

1. (1) The building, structure, facility or installation is constructed at a site at

which no other Ssource is located; or

(2) 2. The building, structure, or facility or installation totally replaces the process

or production equipment that causes the discharge of pollutants at an Existing sSource; or

(3) 3. The production orf wWastewater generating processes of the building,

structure, facility or installation are substantially independent of an Existing sSource at the same

site. In determining whether these are substantially independent, factors such as the extent to which

the new facility is integrated with the existing plant, and the extent to which the new facility is

engaged in the same general type of activity as the Existing sSource, should be considered.

(B) B. Construction on a site at which an existing source is located results in a modification

rather thanof a nNew Ssource if the construction does not create a new building, structure, facility,

or installation meeting the criteria of Section A.(2) or (3) above but otherwise alters, replaces, or

adds to existing process or production equipment.

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C. Construction of a New source as defined under this paragraph has commenced if the

Owner or Operator has:

(1) 1. Begun, or caused to begin, as part of a continuous onsite construction

program:

(a) a. Any placement, assembly or installation of facilities or equipment; or

(a)(b) b. Significant site preparation work, including clearing,

excavating, or removal of existing buildings, structures or facilities which is

necessary for the placement, assembly, or installation of New sSource

facilities or equipment; or

(2) 2. Entered into a building contractual obligations for the purchase of facilities

or equipment which are intended to be used in its operation within a reasonable time. Options to

purchase or contracts which can be terminated or modified without substantial loss, and contracts

for feasibility, engineering, and design studies do not constitute a contractual obligation under this

paragraph.

“Non-Significant Categorical Industrial User” means Categorical Industrial User that the District

Manager determines to meet the following conditions:

(A) Does not discharge more than one hundred (100) gpd of total categorical process

Wastewater;

(B) Has consistently complied with all applicable Categorical Pretreatment Standards;

(C) Never discharges any untreated concentrated Wastewater; and

(D) Submits annually a certification statement pursuant to 40 CFR 403.12(q).

(O) Definitions beginning with “O”:

(57) “Operating Day” means the period or periods of time during each twenty-four hour day

during which iIndustrial wWastes are being discharged from a Ppremises into the sSanitary sSewer

sSystem.

“Operator” means any person who owns, leases, operates, controls, or supervises a Source as

defined in this section.

(58) “Ordinance” or “District Ordinance Code” or “Code” means a law of the this

dDistrict Ordinance Code, as amended, duly adopted by the West Valley Sanitation District of

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Santa Clara County Board of Directors, provided that a temporary or special law, administrative

action, order or directive, may be in the form of a resolution.

(59) “Owner” means any person who owns private premises that contain a Source as defined in

this section.

(60) “Operator” means any person who owns, leases, operates, controls, or supervises a

Source as defined in this section.

(61) “pH” means the logarithm of the reciprocal of the concentration of hydrogen ions in

moles per liter of solution.(P) Definitions beginning with “P”:

(62) “Pass-Through” means a discharge which exits the Plant into waters of the U.S. in quantities

or concentrations which alone, or in conjunction with a discharge or discharges from other

Ssources, is a cause of a violation of any requirement of the Plant’s NPDES permit, including an

increase in the magnitude or duration of a violation.

(63) “Person” means natural person, joint venture, joint stock company, partnership,

association, club, company, corporation, business, trust, organization, or the manager, lessee, agent,

servant, officer or employee of any of them.

“pH” means the logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter

of solution.

(64) “Plant” means the San Jose/Santa Clara Water Pollution Control Plant.

“Plumbing System” means plumbing fixtures and traps, waste and vent pipes, and all sewer pipes

within a building and extending to the Building Sewer connection two feet outside the building

foundation or wall.

(65) “Pollutant Not Present” means a pollutant regulated by a Categorical Pretreatment

Standard that is not used or stored in a Categorical Industrial User’s facility, is not added to or

created by any industrial or pretreatment process at the facility, and is not present above the

background levels of the water supply.

“Plumbing System” means plumbing fixtures and traps, waste and vent pipes, and all sewer

pipes within a building and extending to the building sewer connection two feet outside the

building foundation or wall.

(66) “Premises” means any lot, parcel of land, building or establishment.

(67) “Pretreatment Standard” means prohibited discharge standards, Categorical Pretreatment


12

(68) “Pretreatment Requirements” means any substantive or procedural requirement

related to pretreatment imposed on an Industrial User other than a Pretreatment Standard.

“Pretreatment Standard” means prohibited discharge standards, Categorical Pretreatment


(69) “Priority Pollutants” means all pollutants as defined by the “General Pretreatment

Regulations” of the Environmental Protection Agency, found at 40 CFR 401 and 403.

(70) “Process Flow” means the daily, twenty-four (24) hour flow of wWastewater from

any kind or nature of production, manufacturing or processing operation, including industrial and

commercial operations where water is used for the removal of any type of waste other than

sSanitary sSewage. Process flow does not include dDiluting wWaters.

“Property Line Cleanout” means an access point to the Building Sewer constructed to District

standards and is typically located one (1) foot behind the property line. The Property Line Cleanout

allows District staff to gain access to the Lower Sewer lateral for maintenance purposes.

(Q) Definitions beginning with “Q”:

Reserved.

(R) Definitions beginning with “R”:

(71) "“Reasonable Control Measures"” means control technologies, Best Management

Practices, source control practices and waste minimization procedures which prevent or reduce the

introduction of pollutants to the sSanitary sSewer sSystem and are determined by the Manager to be

cost-effective for particular industry groups, business types, or specific industrial processes..

(S) Definitions beginning with “S”:

(72) “Regulated Industrial User” means any industrial user whose discharge into the

sanitary sewer system over a twenty-four hour period exceeds 25,000 gallons, or whose

discharge constitutes industrial waste of excessive strength.

(73) “Sanitary Sewage” means water-carried wastes from residences, business buildings,

institutions, and industrial establishments, excluding ground, surface and Sstorm Wwaters,

subsurface drainage and also excluding iIndustrial wWastes.

13

(74) “Sanitary Sewer OutflowOverflow” or “SSO” means any overflow spill, release,

discharge or diversion of untreated or partially treated wWastewater from a sSanitary sSewer

sSystem, SSOs include:

(A) including oOverflows or releases of untreated or partially treated Wastewater that reach

waters of the United States;

(B) that reach waters of the United States, Ooverflows or releases of untreated or partially

treated Wastewater that do not reach the waters of the United States,; and

(C) Watsewater backups into buildings and/or on private property that are caused by

blockages or flow conditions within the publicly owned portion of the a Sanitary sSewer sSystem.

(75) "“Sanitary Sewer System"” means any system of pipes, pump stations, sewer lines,

or other conveyances, upstream of a wastewater treatment plant headworks used to collect and

covey wastewater to the publicly owned treatment facility. Temporary storage and conveyance

facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks,

etc.) are considered to be part of the Sanitary Sewer System, and discharges into these temporary

storage facilities are not considered to be SSOs. all sewers, treatment plants and other facilities

owned, operated or used by the District for carrying, collecting, pumping, treating and disposing of

sanitary sewage and industrial wastes.

(76) “Separate Dwelling Unit” means a pPremises or portion thereof designed for

occupancy for residential purposes by one family, with sleeping, kitchen and bathroom facilities

provided therein for the exclusive use of said family.

(77) “Sewage” means and includes sanitary sewage or industrial wastes or both.

(78) “Sewage Treatment Plant” means any arrangement of devices and structures

used for treating sanitary sewage and industrial wastes.

(79) “Sewer” means a pipe or conduit for holding and carrying sSanitary sSewage and

iIndustrial wWastes, and includes manholes, vertical risers, cleanouts and all other appurtenant

facilities which are necessary or convenient to the holding or carrying of sewage, classified as

follows:

(aA) “Branch Sewer” means a Sewer that receives Wastewater from a

relatively small area and discharges into a Main Sewer serving more than one Branch Sewer area.

“Building Sewer” means the extension from the plumbing system to a public sewer.

(Bb) “Branch Sewer” means a sewer that receives wastewater from a relatively

small area and discharges into a main sewer serving more than one branch sewer area. “Building

14

Sewer” or “Sewer Lateral” means the extension from a building’s Plumbing System to the point of

connection to the Branch or Main Sewer.

(C) “Easement Sewer” means a Sewer that is located within a sanitary sewer easement or

public utility easement.

(cD) “Intercepting Sewer” means a Ssewer that receives wWastewater flow from a

number of transverse sewer outlets and conducts such waters to a point for treatment.

(Ed) “Lower Sewer Lateral Sewer” or means the lower portion of a Building Sewer

between the property line and the connection point to a Public Sewer located within a public right-

of-way. The Lower Sewer Lateral is owned by the District.means a sewer that discharges into a

branch or other sewer and has no other common sewer tributary to it.

(Fe) “Main Sewer” means a Ssewer to which one or more Bbranch Ssewers are

tributary.

(Gf) “Outfall Sewer” means a Ssewer that receives conveys treated wWastewater

from a treatment plant and carries it to a point of final discharge in an ocean, river, or estuary.

(Hg) “Private Sewer” means a sSewer privately owned, maintained, and used by one

or more properties.

(Ih) “Public Sewer” means a Ssewer owned and maintained controlled by a

governmental agency.

(Ji) “Trunk Sewer” means a sSewer that receives the discharge from several Mmain

sSewers and serves a large territory.

(K) “Upper Sewer Lateral” means the upper portion of Building Sewer from the plumbing

system to the property line when the Building Sewer is connected to a Public Sewer located within a

public right-of-way. The Upper Sewer Lateral and Property Line Cleanout, if installed, is privately

owned.

“Sewage” means Sanitary Sewage and or Industrial Wastes.

“Sewage Treatment Plant” means any arrangement of devices and structures used for treating

Sanitary Sewage and Industrial Wastes, such as the San Jose/Santa Clara Water Pollution Control

Plant.

(80) “Significant Cchange” means any change in an Industrial User’s operation that results

in any of the following:

A. A flow that exceed the expected peak flow as shown in the sewage treatment

plant allocation for the property on which the Industrial User is located.

15

(A)B. An increase or decrease in annual in average Pprocess fFlow ofby twenty-five (25) percent

(25%) overof the Industrial User’s average process flow for thebased upon discharger’s most

immediate preceding compliance periodtwelve (12) months.

(B)C. An increase or decrease in annual average Process Flow that results in a change from

Low Flow Discharger to Standard Discharger or from Standard Discharger to Low Flow Discharger

(C) An increase or decrease in annual average Process Flow that results in a change from

Non-Significant Categorical Industrial User to Significant Industrial User or from Significant

Industrial User to Non-Significant Categorical Industrial User.

(D) An increase or decrease in annual production rate of twenty-five (25) percent for any

industrial user subject to production-based limits over the Industrial User’s production rate for the

immediate preceding twelve (12) months.

(E) Adding or deleting process discharge or sample points.

(F) Waiver of monitoring requirements for any pollutant not present.

(81) “Significant Industrial User” means:

(A)A. A nCategorical Industrial User that has processes subject to categorical Pretreatment

Standards other than a Non-Significant Categorical Industrial User; or

(B)B. An Industrial User that:

( 1. 1) Discharges an average of twenty-five thousand (25,000) gpd or more

of process Wwastewater to the sSanitary sSewer sSystem (excluding Ssanitary sSewage, noncontact

cooling and boiler blowdown Wwastewater); or

2. (2) Contributes a process waste stream which makes up five (5) percent (5%) or

more of the average dry weather hydraulic or organic capacity of the Plant; or

3. (3) Is designated as such by the District Manager on the basis that it has a reasonable

potential for adversely affecting the Plant’s operation or for violating any Pretreatment Standard or

Requirement.

“Significant Noncompliance” is a violation, or violations, by an Industrial User meeting one or

more of the following criteria”:

(A)A. Chronic violations of wWastewater discharge limits defined here as those in which

sixty-six (66) percent (66%) or more of all measurements taken during a six-month period exceed

by any order of magnitude a numeric Pretreatment Standard or Requirement, including

instantaneous limits, as defined by 40 CFR 403.3 (l);

16

(B)B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-

three (33) percent (33%) or more of all measurements for each pollutant parameter taken during a

six month period equal or exceed the product of the numeric Pretreatment Standard or Requirement,

including instantaneous limits, as defined by 40 CFR 403.3 (l) multiplied by the applicable TRC

(TRC = 1.4 for BOD, TSS, fats, oils, gGrease, and 1.2 for all other pollutants);

C. (C) Any other violation of a Pretreatment Standard or Requirement as defined by 40

CFR 403.3 (l) such as daily maximum, ph, long-term average, instantaneous limit, or narrative

standard, that the Manager determines has caused, alone or in combination with other discharges

either Interference or Pass-Through, including endangering the health of District or Plant personnel

and/or the general public;

(D)D. Any discharge of a pollutant that has caused imminent endangerment to human

health, welfare or the environment or has resulted in the District’s exercise of its emergency

authority to halt or prevent such a discharge;

(E)E. Failure to meet within 90 days after the scheduled due date, a compliance schedule

milestone, contained in a discharge permit or enforcement order for starting construction,

completing construction, or attaining full compliance;

(G)F. Failure to provide, within 45 days after the due date, required reports such as

baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and

reports on compliance with compliance schedules;

(H)G. Failure to accurately report non-compliance; and

(I)H. Any other violation or group of violations, which may include a violation of

Reasonable Control Measures, the Manager determines will adversely affect the operation or

implementation of the pretreatment program.

(82) “Single-family Premises” means a Ppremises which is designed, improved or used as a

residence for one family only, and which is not designed, improved or used for any other purpose.

“Slug Control Plan” means the document prepared pursuant to 40 CFR 403.8(f)(1)(iii)(B)(6) by a

Significant Industrial User that describes that procedural and operational controls in place to prevent

a Slug Load or Slug Discharge.

(83) “Slug Load” or “Slug Discharge” means any discharge of a non-routine, episodic nature

including, but not limited to, an accidental spill or non-customary Batch Discharge which has a

reasonable potential to cause Interference, Pass-Through, or operational problems in the sanitary

17

sewer system or at the Plantin any other way cause a violation of the provisions of Chapter 1 or

Chapter 7 or applicable permit conditions.

(84) “Source” means any building, structure, facility or installation from which there is

or may be potential as determined by the District Manager to discharge pollutants above the local

limits included in this Code Code or state or federal limits or wWastewater of such volume or

strength that it may cause Interference, Pass Through, or operational problems in the sSanitary

sSewer sSystem or at the San Jose/Santa Clara Water Pollution Control Plant.

(85) “Standard Discharger” means any Industrial industrial Discharger user who is not a Low

Flow Discharger.

(86) “Standard Methods” means:

(A) tThe procedures set forth in the Code of Federal Regulations40 CFR 136 unless

another method for the analysis of industrial wWastewater has been approved in writing in advance

of use of the procedure by the District Manager and Engineer.

(B) All analyses shall

be performed by a laboratory certified by the State for the specific pollutants and matrix to

be analyzed, unless otherwise approved in writing by the District Manager and Engineer prior to

performance of a sample analysis.

(87) "“Storm Waters"” means the flow across any surface or in storm sewers resulting

from rainfall.

(88) “Street” means any public highway, road, street, avenue, alley, way, easement or right-of-

way.

(89) “Suspended Solids” means solids that either float on the surface of, or are in

suspension in, water, sewage, or other liquids and which are removable by laboratory filtering.

(T) Definitions beginning with “T”:

(90) "“Total Toxic Organics"” or “ (TTOs”) are the sum of the concentrations for each

of the regulated toxic organic compounds listed at 40 CFR 401.15 and which are found in the

discharge at a concentration greater than ten (10) micrograms per liter. Some cCategorical

sStandards (40 CFR 405-471) list the specific toxic organic compounds that are to be included in

the summation.

18

(91) “Trucked or Hauled Waste” means any waste discharged into the sSanitary sSewer sSystem

after being placed in a motorized vehicle for removal from the location where the waste was

generated or produced.

(92) “Two-family Premises” means a Ppremises which is designed, improved or used as a

residence for two families, and no more, living separately in sSeparate dDwelling Uunits, and which

is not designed, improved or used for any other purpose.

(U) Definitions beginning with “U”:

(93) “Unit” or “Dwelling Unit” means:

(aA) Each individual occupancy of a commercial or industrial establishment.

(bB) A separate living quarters for one or more persons having separate kitchen or

toilet facilities and being a single family dwelling or quarters situated in a duplex, apartment,

multiple dwelling, court, trailer court, motel, hotel, townhouses, condominiums, etc.

(Cc) Dwelling uunits for boarding houses, rest homes, dormitories, or similar places

of residences shall be deemed to equal accommodations for each three and one-half persons.

“Upset” means an unintentional and temporary noncompliance with Categorical Pretreatment

Standards because of factors beyond the reasonable control of the Industrial User. An “Upset” does

not include noncompliance to the extend caused by operational error, improperly designed treatment

facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper

operation.

(94) “User” means a pPerson whose pPremises is connected to a pPublic sSewer.

(V) Definitions beginning with “V”:

Reserved.

(W) Definitions beginning with “W”:

(95) “Wastewater” means the combination of the liquid and water-carried wastes from

residences, commercial buildings, industrial plants, and institutions, together with any groundwater,

surface water, and storm water that may unintentionally be present.

(X) Definitions beginning with “X”:

Reserved

19

(Y) Definitions beginning with “Y”:

(96) “Yellow Grease” means Grease which is associated with food preparation or

processing, which has not been contaminated with wash water or chemicals, or by being spilled or

otherwise fouled.

(Z) Definitions beginning with “Z”:

(97) “Zero Discharge Categorical User” or “ZDC” means an industrial facility that performs any

categorical process subject to Federal Pretreatment Standards, as described in 40 CFR parts 405-

471, that has any Connection to the Sanitary Sewer System, but does not discharge Wastewater

from the categorical process to the sanitary sewer.“Zero Discharger” means an industrial facility

that does not discharge any wastewater except domestic sanitary sewage to the sanitary sewer

system.

(98) “Zero Discharger” means an industrial facility that does not discharge any Wastewater

except Domestic Wastewater to the Sanitary Sewer System. “Zero Discharge Categorical User” or

“ZDC” means an industrial facility that performs any categorical process subject to Federal

pretreatment standards, as described in 40 CFR parts 405-471, that has any connection to the

sanitary sewer system, but does not discharge wastewater from the categorical process to the

sanitary sewer.

1

CHAPTER 6 Amendments (Mark-Up) CHAPTER 6. DESIGN AND CONSTRUCTION OF PUBLIC SEWERS Sections:

6.0105 Design, Construction and Maintenance of Private Sewage Disposal System.

6.0210 Design of Public Sewers.

6.0320 Permit for Construction Required of Public Sewers.

6.0430 Construction of Building Sewers.

6.0540 Backflow Protective Device: Purpose.

6.0650 Backflow Protective Device: InstallationRequirement.

6.0760 Backflow Protective Device: Location, InstallationStandard and Inspection.

6.0870 Backflow Protective Device: Connection Without is Unlawful.

6.0980 Responsibility for Defects.

6.1090 Building Sewer Maintenance.

2

6.0105 Design, Construction and Maintenance of Private Sewage Disposal Systems. The

design, construction and maintenance of private sewage disposal systems, septic tank systems or

any other method of sewage disposal that is separate from, and does not contribute flow to, the

District’s sewer collection system other than through the system of the district are governed by

the ordinances, rules and regulations of the cities within the dDistrict, cCounty and the sState.

Source: Section 4762, Health and Safety Code.

6.0120 Design of Public Sewers. All plans and specifications for pPublic and Private

sewers, except building sewers, within the District shall be prepared by a civil engineer

licensed in the state in conformity with such terms and conditions as the Board may

prescribed based on the development of a sewerage system for the general area tributary to

the installer’s proposed sewerage system. Said requirements shall be established in

accordance with the current version of the District’s Design Standards and good engineering

and planning practices. Compliance with these requirements shall be indicated by the

approval of the plans and specifications by the District Manager and Engineer. At the

discretion of the District Manager, certain Building Sewers may be exempted from these

design requirements.


6.0230 Permit for Construction Requiredof Public Sewers. All pPublic and Private sSewers

within the dDistrict, except building sewers, that discharge to the District’s public sewer system

shall not be constructed until a after issuance of a constructionDistrict permit is issued pursuant

to Chapter 9, in accordance with plans and specifications approved in accordance with Section

6.010or other written authorization is obtained from the District, and by a contractor permitted

to work in the district pursuant to Chapter 9.


6.0340 Construction of Building Sewers. All Sewers shall be constructed by Contractors

registered pursuant to Section 9.060 and in accordance with the requirements of this Chapter,

including plans and specifications identified in Section 6.020. In addition, construction and use

of Building Sewers, except for Upper Sewer Lateral, Construction of that part of building

sewers within private property shall be in accordance with the ordinances, rules and regulations

3

of the cities within the district and the county.

Construction of building sewers within streets and the district shall be in accordance with the

following conditions:

(1A) The Building Sewer must be constructed to serve each individual building

site within a proposed development;

(2B) tThe location and method of connection to a branch, lateral or main sewer shall

be

approved by the District Manager and Engineer or his representative;

(3C) mMaterials and method of construction shall be in conformance ity with

the current version of District Design Standards the terms and conditions the board may

prescribe;

(4D) Each building shall have its own separate and independent Building Sewer. In

the event there are multiple buildings on a single parcel, and at the discretion of the District

Manager, the use of a common Building Sewer for multiple buildings may be allowedthe

building sewer of each building shall be independent of that of any other building, except where

one building stands in the rear of another building with the ownership of both buildings vested

in the same person and one building sewer is available or can be constructed for the use of both

buildings; and,

(5E) aAll required District permit(s) must be obtained prior to connection of any

building’s Plumbing System to a new or existing has been issued for construction of a

bBuilding sSewer pursuant to Chapter 9.

The Upper Sewer Lateral shall be constructed in accordance with the ordinances, rules and

regulations of the cities within the District or the County.

6.0450 Backflow Protective Device: Purpose. Due to the natural topographical conditions

and common sewer system characteristics of certain areas of the district, there exists the

danger is a risk of harm of damage to human health, and property, and the environment

resulting from the possibility of as a result of the possibility that a Sanitary Sewer Overflow

may occur sewage backflowing and flooding on public and private property. It is the purpose

of the following Sections 6.050, 6.060, 6.070, and 6.080 to protect the health and safety of the

4

residents of the district and to minimize the riskpossibility of damage to property by requiring,

where topographical conditions warranted it, the property owner to installation and

maintenance maintain of an approved sSewage Bbackflow pProtective dDevice.


6.0560 Backflow Protective Device: InstallationRequirement. The owner of any improved

real property is required to install and maintain at all times in operable condition, and at that

owner’s sole cost, a sSewage bBackflow Pprotectionve dDevice to protect allwith respect to

any structures located on the property whenever:

(aA) The lowest floor elevation of any structure containing a plumbing fixtures that

are or will be connected to the sewage system of the district is less than one (1) foot above the

surface

elevation of the nearest upstream manhole, vertical riser, or similar structure on

located in the dDistrict’s sewer system capable of providing for overflow of sewage and relief

of pressure developed by the sewage; or

(bB) The District Manager and Engineer determines, in his or her solethe Manager’s

discretion, and based upon specific site-specific sewer system conditions, that the purpose of

installation and maintenance of a Sewage bBackflow Protectivesewage d Device on the

property is necessary, as described in Section 6.0450 of the dDistrict’s ordinance cCode will

best be served by the installation of such a device. The District Manager will provide written

notice to the property owner of the requirement to install a Sewage Backflow Protective Device

together with an estimated cost for installation. The property owner has the option of engaging

the services of a District registered Contractor to accomplish said installation in accordance with

Section 6.070 below.

6.0760 Backflow Protective Device: Location, InstallationStandard and Inspection. All

sSewage bBackflow pProtective dDevices shall be located and installed in the manner, and meet

the standards prescribed by the the Board. Method and location of installation of a backflow

protective device shall be subject to the inspection of the building departments of the cities

within the dDistrict andor the cCounty.

6.0780 Backflow Protective Device: Connection Without is Unlawful. It shall be unlawful

5

for the owner of any structure to have a bBuilding sSewer connected to the sewerage system of

the dDistrict without an approved sSewage Bbackflow pProtective dDevice, asif required by

provisions of Section 6.040 through 6.060.

6.0890 Responsibility for Defects. All pPersons performing work on or adjacent to public

sewers within the dDistrict shall be held strictly responsible for any and all acts of its agents,

employees and subcontractors in connection with said work. Said pPerson, upon being notified

in writing by the District Manager and Engineer of any defects to these Public Sewers arising

from said work or of a violation of the dDistrict ordinancescode, shall take immediate steps to

correct such defect or violation. If said Pperson does not correct such defect or violation after

reasonable notice to do so, the dDistrict may correct such defect or violation at the said

pPerson’s expense.

6.1090 Building Sewer Maintenance. The District will maintain all publicly owned

portions of Building Sewersdistrict will maintain all building sewers within the dDistrict,

to the extent conditions allow District staff to safely access and maintain the Building

Sewer, subject to the following conditions below:

(A) (1) Extent of District Maintenance: The dDistrict will maintain that part of

each Bbuilding Ssewer lying within a public right-of-way (Lower Sewer Lateral). The District

shall not be responsible for the maintenance, or any expense incurred by a property owner for

the maintenance of a Building Sewer that is considered to be privately owned; e.g. Upper

Sewer Laterals, Easement Sewer Laterals, and Building Sewers that are connected to a Private

Sewer System.

(2)(B) Type of Maintenance Performed by District: If a properly installed,

maintained, and accessible Property Line Cleanout exists, Tthe dDistrict will perform the

following types of maintenance on the Lower Sewer Lateralpart of each building sewer lying

within a street, except when the need for maintenance is caused by any person violating any

provision of this ordinance cCode:

(1) (a) Removal of blockages.

(b) (2) Removal of and/ or treatment of root growths that are or may cause

blockages. (c) (3) Repair or Rreplacement of all or a part of the Lower Sewer

6

Laterala building sewer when its condition results inis deemed by the District Manager to be

an unreasonable inconvenience to the uUsers of the bBuilding sSewer or when

replacement becomes more economical than the maintenance being performed by the dDistrict.

(3C) Obligations of a Property Owner: For purposes of minimizing the cost of

building sewer maintenance,The property owners shall have the following obligations:

(1) The property owner retains ownership and maintenance responsibilities for all

private sewer system components, including Main Sewers, Building Sewers, sewer structures

and appurtenances.

(2) Maintenance of a private Building Sewer, or private portion thereof, by the

property owner requires that all debris generated during this operation be thoroughly removed

and or flushed from the entire Building Sewer into the Main Sewers. If a blockage in the

Lower Sewer Lateral or receiving Main Sewers is found to be caused by the Owner’s

maintenance activities, all District repair and or maintenance costs associated with removal of

the blockage will be the responsibility of the property owner.

(3) (a) Installation of surface an approved Property Line Ccleanouts ion each

bBuilding sSewer, as determined to be required by the District Managerat, or near, the point

where a building sewer leaves a street and enters into private property with construction being

in accordance with district specifications and procedures.

(b4) The requirement to install a Property described in Section 6.090(3) (a)

above Line Cleanout shall be imposed by the dDistrict with respect to new construction,

construction or replacement lines for any work requiring a District Sewer Permit, or with

respect towhen bBuilding sSewers which, in the District Manager- Engineer’s opinion, have or

will experienced, or will experience, an unreasonable frequency of blockage.

(c5) In the event that the District Manager-EngineerIf determines that a

surfaceProperty Line cCleanout is determined to be required, he shall notify the property owner

shall, in writing, of the district’s decision to require a cleanout and shall further notify the

property owner that he or she has the option of engageing the services of a licensed private

Ccontractor to accomplish said installation in accordance with under dDistrict Design

specificationsStandards or,. iIn the event that the property owner does not accomplish said

installation within

thirty (30) days of said noticenotification, that the dDistrict will cause the installation to be

7

performed and will charge the property owner with the actual costs incurred including the costs

of all permits. Prior to initiating any work, the District will provide the property owner notice

of impending work and an estimate of cost to install the Property Line Cleanout. In the event

that the property owner fails to pay said amount, within thirty (30) days from billing, said

amount shall constitute a delinquent sewer service charge and shall be collected in the same

manner as other delinquent sewer service charges pursuant to Chapter 10 of the District’s Code.

In addition to said notice, the district will provide the property owner with an estimate of the

cost of installation.

(d6) If an approved Property Line Cleanout has not been installed on the

Lower Sewer Lateral or has not been maintained to provide clear and unfettered access for

District maintenance staff, the maintenance obligation for the entire Building Sewer shall the

responsibility of the Owner. Clear and unfettered access, as determined by the District

Manager, requires that no obstructions exist on or near the Property Line Cleanout that prevents

direct access from the Street and proper use of maintenance equipment. In the event that the

district installs a surface cleanout on behalf of a property owner, it shall bill the property owner

for its actual costs. In the event that

the property owner fails to pay said sum, within 30 days from billing, said amount shall

constitute a delinquent sewer service charge and shall be collected in the same manner as other

delinquent sewer service charges pursuant to Chapter 10 of the District’s Ordinance Code.

(4D) Request for Maintenance by Property Owner: A property owner requesting

maintenance of a bBuilding sSewer by the dDistrict shall, before requesting such service,

attempt to determine the location of the problem and whether a Property Line Cleanout exists.

need for maintenance, and iIf it isthe problem is located in that the part of the bBuilding sSewer

that the property owner is required to maintain, the property owner shall lying within private

property proceed to maintain said bBuilding Ssewer at his/hertheir own expense. Otherwise, the

property owner should contact the District for service.

1

CHAPTER 7 Amendments (Mark-Up)

CHAPTER 7. USE OF PUBLIC SEWERS

Sections:

7.010 Purpose.

7.020 Annexation Required for Connection of Property Outside District.

7.02130 Limitations on Point of Discharge.

7.040 Discharge Into Storm Drain Prohibited.

7.050 Discharge Into Sanitary Sewer System Prohibited.

7.060 Regulation of Trucked and Hauled Waste.

7.02270 Protection from Accidental Discharge.

7.02380 Pretreatment by Owner.

7.090 Monitoring Facilities

7.024 Discharge Into Sanitary Sewer System Prohibited.

7.025 Regulation of Trucked or Hauled Waste.



7.040 Cooling Water. Etc.

7.050110 Obstructing or Injurious Substances.

7.060120 Flammable or Explosive Substances.

7.070130 Hot Substances.


7.090150 Solid or Viscous Matter.

7.10060 Corrosive Matter.

7.1705 Toxic Gases, Vapors, or Fumes.


7.11190 Prohibition on Use of Diluting Waters.

7.11200 Copper-Based Chemical Compounds.

7.1210 Suspended Solids; Dissolved Matter.

7.13220 Noxious or Malodorous Matter.

7.14230 Radioactive Matter.

7.15240 Colored Matter.

2

7.152 Oil and Grease Removal Devices.

7.16250 Garbage.




7.165 290 Fixer Solution Prohibition.

7.300 Installation and Maintenance of Amalgam Separators.

7.166 Prohibition of Discharge from Dental Vacuum System; Installation and

Maintenance of Amalgam Separators.


7.171 Repealed.

7.172 Repealed.

7.173 Repealed.

7.174 Repealed.

7.175 Repealed.

7.176 Repealed.

7.177 Repealed.

7.18310 Suspension of Service.

7.195 Repealed.

7.3200 Federal Pretreatment Regulations.


7.21340 Record Keeping.


7.24360 Public Nuisance.


7.380 Upset – Rebuttal.

7.39260 Enforcement.


7.28410 Correction of Violations; Collection of Costs; Injunction.

7.30420 Civil Penalties.

7.31430 Mandatory Wastewater Discharge Permits.



3

7.34460 Delinquent Fees.



7.37490 No Transfer of Permit.



7.520 Waiver for Pollutants Not Present.


7.41540 Additional Relief.

7.41550 Applicability of Regulations Issued by the Director of

Environmental

Services of the City of San Jose.

7.42560 Publication of Users in Significant Noncompliance.

4

7.010 Purpose. The purpose of this cChapter is to:

(1A) Provide for and regulate the disposal of Ssanitary sSewage into the sSanitary

sSewer sSystem of the dDistrict in such manner and to such extent as is reasonably necessary to

maintain and increase the ability of such system to handle and dispose of sSanitary sSewage.

(2B) Provide for and regulate the disposal of iIndustrial wWastes into the sSanitary

sSewer sSystem of the dDistrict in such manner and to such extent as may be reasonably

necessary to maintain and increase the ability of such system to handle and dispose of iIndustrial

wWastes without decreasing the ability of said system to handle and dispose of all sSanitary

sSewage.

(C3) Prevent the introduction of pollutants into the sSanitary sSewer sSystem which

will pass through the treatment works of the San Jose/Santa Clara Water Pollution Control Plant or

otherwise be incompatible with such works or interfere with the ability of the pPlant to treat,

discharge, and recycle wastewater, or to use or dispose of plant biosolids.

(4D) Improve opportunities to recycle and reclaim treated effluent and wastewater

sludge.

(5E) Protect the physical structure of the sSanitary sSewer sSystem and the efficient

functions of its component parts.

(6F) Protect the dDistrict and its personnel and preserve and protect the health, safety

and comfort of the public.

(7G) Enable the dDistrict to comply with all applicable and compatible laws, rules,

regulations, and orders of the State of California and of the United States.

(8H) Protect the environmental health of the San Francisco Bay.

7.020 Annexation Required For Connection of Property Outside District. Property outside the

dDistrict may not be connected to a dDistrict sSewer, directly or indirectly, unless the property

served is annexed to the Ddistrict.

7.021 030 Limitations on Point of Discharge. No pPerson shall discharge any substances directly

into a manhole or other opening in a dDistrict sSewer other than through anDistrict Manager

approved building sSewer Connection.

7.040 Discharge Into Storm Drain Prohibited. It shall be unlawful to discharge any sewage,

Industrial Waste, or other polluted waters into any storm drain or natural outlet or channel without

a valid National Pollutant Discharge Elimination System (NPDES) permit.

5


sewage, Industrial Waste, or other polluted waters into any Sanitary Sewer System without a valid

Sewer Connection Permit issued by the District pursuant to this Ordinance Code.

7.060 Regulation of Trucked or Hauled Waste. No person shall discharge, cause, allow or permit

any trucked or hauled waste to be discharged into the Sanitary Sewer System, except at a site

specifically designated in a Wastewater Discharge Permit issued pursuant to this Chapter.

7.022 070 Protection from Accidental Discharge.

(A). Each Industrial User shall provide protection from aAccidental dDischarge of

prohibited materials or other wastes regulated by this Chapter into either the storm sewer or

sSanitary sSewer sSystems.

(B). Facilities to prevent aAccidental dDischarge of prohibited materials shall be

provided and maintained at the Industrial User's expense.

(C). All Industrial Users shall notify the District and the Environmental Services

Department of the City of San Jose by telephone or in person within one (1) hour of becoming

aware of accidentally discharging wastes of reportable quantities as determined in 40 CFR 117 or

discharge of any substance which, if otherwise disposed of, would be a hazardous waste under 40

CFR Part 261, to enable countermeasures to be taken by the District and the Plant to minimize

damage to the sSanitary sSewer sSystem, Plant, treatment processes, and the receiving waters. If

hazardous waste is discharged the Industrial User shall be subject to all requirements in 40 CFR

403.12 (p).

(D). Telephone notification shall be followed, within five (5) days of the date of

occurrence, by a detailed written statement describing the causes of the aAccidental dDischarge

and the measures being taken to prevent future occurrences.

E(E). Notification to the District and the Plant will not relieve Industrial Users of

notification requirements under any other federal, state, or local law, nor of liability for any

expense, loss, or damage to the sSanitary sSewer sSystem, Plant or treatment process or receiving

waters or for any fines or penalties imposed on the District or the Plant on account thereof under

applicable provisions of state or federal law.

(F). All permitted facilities must maintain a spill control plan for protection against

aAccidental dDischarges, including but not limited to, berming of chemicals and waste materials.

The review of such plans and procedures shall not relieve the Industrial User from the

6

responsibility of modifying the facility as necessary to meet the requirements of this the District

Ordinance Code or other state or federal regulations.

(G). This plan must be reviewed and revised as needed within thirty (30) days after an

aAccidental dDischarge has occurred or as required by the District Manager and Engineer.

7.08023 Pretreatment by Owner. Each Owner of private pPremises shall, at the Owner's own

expense, provide such treatment or take such other measures, as the District Manager and

Engineer may require to prevent aAccidental dDischarge, reduce objectionable characteristics,

contents, or rate of discharge of waters or wastes being deposited in the sSanitary sSewer sSystem,

to prevent damage to or Iinterference with the Ssanitary sSewer sSystem.


sewage, industrial waste, or other polluted waters into any sanitary sewer system without a valid

permit issued by the District pursuant to this Ordinance Code.

7.025 Regulation of Trucked or Hauled Waste. No person shall discharge or cause, allow or

permit to be discharged into the sanitary sewer system any trucked or hauled waste, except at a site

specifically designated in a wastewater discharge permit issued pursuant to this Chapter or a

receiving station permit issued pursuant to Chapter 9 of this Code.


(A) The District Manager may require any Discharger to the Sanitary Sewer System to

construct, at the Discharger’s own expense and at an approved location, monitoring facilities to

allow inspection, sampling, and flow measurement of the Building Sewer or internal drainage

systems.

(B) The monitoring facilities, sampling, and measurement equipment and access thereto

shall be maintained at all times in a safe and proper operating condition at the expense of

Discharger.

(C) Any required monitoring facilities shall be specified in the Wastewater Discharge

Permit issued pursuant to this Chapter.

(D) Dischargers shall retain sufficient Wastewater in their sample box at all times to allow

sample collection representative of the last Wastewater discharge.

7


(A). No pPerson shall discharge, cause, allow or permit any storm water, surface

water, groundwater, subsurface drainage or roof water to be discharged into the sSanitary sSewer

sSystem or any part thereof without a wWastewater Ddischarge pPermit.

(B). A Wwastewater Ddischarge pPermit for the discharge of groundwater, subsurface

drainage, surface water, roof water, or sStorm Wwater shall only be issued if there is no

reasonable alternative method for disposal of such water.

C(C) . If permitted, discharge of groundwater, subsurface drainage, surface water, roof

water, or Sstorm Wwater shall be subject to all applicable requirements of this Chapter, including

but not limited to the payment of applicable permit fees and such terms and conditions as the

District may impose in the wWastewater dDischarge pPermit.

7.040 Cooling Water, Etc. No person shall discharge, or cause, allow or permit to be discharged,

into the sanitary sewer system, or any part thereof, any unpolluted cooling water or unpolluted

industrial process water.

7.11050 Obstructing or Injurious Substances. No pPerson shall discharge, cause, allow, or permit

to be discharged, thrown, or deposited into the sSanitary sSewer sSystem or any part thereof, or

into any plumbing fixture or pPrivate sSewer or drain connected either directly or indirectly to the

sSanitary sSewer sSystem, any substance of any kind whatsoever tending to obstruct or injure the

sSanitary sSewer sSystem or to cause a nuisance or hazard, or which will in any manner interfere

with the proper operation or maintenance of the sSanitary sSewer sSystem.

7.12060 Flammable or Explosive Substances. No Pperson shall discharge, cause, allow, or permit

to be discharged into the sSanitary sSewer sSystem any wWastewater containing any flammable,

liquid, solid, vapor, or gas or other substance, including, but not limited to any substance having a

closed cap flash point of less than one hundred forty degrees Fahrenheit (140° F) or sixty degrees

Centigrade (60° C) using test methods specified in 40 CFR 261.21.

7.13070 Hot Substances. No pPerson shall discharge, cause, allow, or permit to be discharged

into the sSanitary sSewer sSystem or any part thereof, any liquid, solid, vapor, gas, or thing having

or developing a temperature of one hundred fifty degrees Fahrenheit (150° F) or more, or which

8

may cause the temperature at the San Jose/Santa Clara Water Pollution Control Plant to exceed

one hundred and four degrees Fahrenheit (104° F).


(A) No Pperson shall discharge, or cause, allow or permit to be discharged, into the

sSanitary sSewer sSystem, any liquid or other waste containing floatable and/or dispersed

gGrease, vegetable oil, petroleum oil, non-biodegradable cutting oil, or fat, oil, or grease or

products of animal, vegetable or mineral origin, in excess of one hundred fifty (150) parts per

million (150 ppm) by weight.

(B) No Person shall discharge, cause, allow, or permit any grease discharge from a Food

Service Establishment into the Sanitary Sewer System, unless such discharge has first been

processed through an approved Grease Control Device.

(C) No Person shall discharge, cause, allow, or permit to be discharged any Yellow

Grease, or any waste or material mixed with Yellow Grease, into the Sanitary Sewer System from

a Food Service Establishment. No Yellow Grease from a Food Service Establishment shall be

mixed with Grease Trap or Grease Interceptor waste.

7.15090 Solid or Viscous Matter. No person shall discharge, deposit, throw, or cause to be

discharged, deposited, or thrown into the sSanitary sSewer sSystem, or any part thereof, any ashes,

cinders, pulp, paper, sand, cement, mud, straw, shavings, metal, glass, rags, feathers, tar, asphalt,

resins, plastic, wood, animal hair, paunch manure, or any heavy solid or viscous substance capable

of causing obstruction to the flow in the sSanitary sSewer sSystem, or any part thereof, or which

would interfere with the proper operation of the sewage treatment San Jose/Santa Clara Water

Pollution Control pPlant, or the treatment of sSanitary sSewage or iIndustrial wWastes.

7.1600 Corrosive Matter. No Pperson shall discharge, cause, allow or permit to be discharged,

into the sSanitary sSewer sSystem, or any part thereof, any liquid, solid, vapor, gas or thing having

a "pH" lower than six (6.0) or equal to or greater than twelve and one-half (12.5) or having any

other corrosive property capable of causing damage or hazard to the sSanitary sSewer sSystem or

any part thereof, or to any personnel operating, maintaining, repairing or constructing said

sSanitary sSewer sSystem or any part thereof, or working in or about said system.

9

7.1705 Toxic Gases, Vapors, or Fumes. No pPerson shall discharge, or cause, allow or permit to

be discharged into the sSanitary sSewer sSystem any substance of any kind whatsoever which

results in the presence of toxic gases, vapors or fumes within the sSanitary sSewer sSystem in a

quantity that may cause acute health and/or safety problems for workers in the sSanitary sSewer

sSystem.


(A). No person shall discharge, or cause, allow or permit to be discharged into the

sSanitary sSewer sSystem or any part thereof, any Iindustrial wWaste containing any of the

following toxic substances exceeding the concentrations set forth below.

Standard Discharger Low Flow Discharger

Maximum Allowable Maximum Allowable

Toxic Substances Concentrations Concentrations

Antimony 5.0 mg/1 5.0 mg/l

Arsenic 1.0 mg/1 1.0 mg/l

Beryllium .75 mg/1 0.75 mg/l

Cadmium 0.7 mg/1 0.7 mg/l

Chromium, Total 1.0 mg/1 1.0 mg/l

Copper 2.3 mg/1 2.7 mg/l

Cyanides 0.5 mg/1 0.5 mg/l

Lead 0.4 mg/1 0.4 mg/l

Mercury 0.010 mg/1 0.010 mg/l

Nickel 0.5 mg/1 2.6 mg/l

Phenol and derivates 30.0 mg/1 30.0 mg/l

Selenium 1.0 mg/1 1.0 mg/l

Silver 0.7 mg/1 0.7 mg/l

Zinc 2.6mg/1 2.6 mg/l

(B). No pPerson shall discharge, or cause, allow, or permit to be discharged into the

sSanitary sSewer sSystem or any part thereof, any toxic or poisonous substances or any other

pollutants, including Biochemical Oxygen Demand, in sufficient quantity to injure or cause an

Interference with the sewage treatment process or Pass-Through the San Jose/Santa Clara Water

Pollution Control Plant, or in sufficient quantity to constitute a hazard to humans or animals, or in

sufficient quantity to create a hazard for humans, or aquatic life in any waters receiving effluent

10

from the sSanitary sSewer sSystem, or which may create a hazard in the use or disposal of sewage

sludge.

(C). All samples, both grab and composite, shall demonstrate compliance with the

above limits.

(D). Any Iindustrial Uuser that violates any of the Iinterfering Ssubstances limits must

resample and submit sample reports for all pollutants in violation of any applicable permit limits

or other pollutants as required by the District Manager and Engineer within thirty (30) days of

becoming aware of the violation.

7.19011 Prohibition on Use of Diluting Waters. No Industrial User shall ever increase the use of

process water, or in any way use dDiluting Wwaters as a partial or complete substitute for

adequate treatment, or to meet local limits or achieve compliance with a discharge limitation,

unless expressly authorized by an applicable Pretreatment Standard or Requirement.

7.200112 Copper-Based Chemical Compounds. No Pperson shall discharge, or cause, allow or

suffer to be discharged, any chemical compound containing greater than five (5) percent (5%)

copper by weight, to control roots or for any other purpose, into any sSanitary sSewer sSystem or

any part thereof.

7.1210 Suspended Solids; Dissolved Matter. No Pperson shall discharge, cause, allow, or permit

to be discharged into the sSanitary sSewer sSystem or any part thereof, any liquid containing

sSuspended sSolids or dissolved matter of such character and quantity that unusual attention or

expense is required to handle, process or treat such matter at the San Jose/Santa Clara Water

Pollution Control pPlant.

7.13220 Noxious or Malodorous Matter. No person shall discharge, or cause, allow or permit to

be discharged into the sSanitary sSewer sSystem or any part thereof, any solid, liquid, vapor, gas,

or thing which is so malodorous or noxious that their discharge into the Ssanitary sSewer sSystem

would cause a public nuisance.

7.14230 Radioactive Matter. No Pperson shall discharge, cause, allow, or permit to be

discharged, any radioactive waste into the sSewerage system, except that:

11

(A). Persons authorized to use radioactive materials by the State Department of Health

or other governmental agency empowered to regulate the use of radioactive materials may

discharge, cause to be discharged, or permit to be discharged such wastes, provided that such

wastes are discharged in strict conformance with the California radiation control regulations

(California Code of Regulations, Title 17, Chapter 5, Subchapter 4) and federal regulations and

recommendations for safe disposal of such wastes; and

(B). The Pperson so acting does so in compliance with all applicable rules and

regulations of all other regulatory agencies having jurisdiction over such discharges.

7.24150 Colored Matter. No Pperson shall discharge, or cause, allow or permit to be discharged

into the sSanitary sSewer sSystem or any part thereof, any wastewater with objectionable color not

removed in the treatment process such as, but not limited to, dye wastes and vegetable tanning

solutions.

Section 7.152 Grease and Grease Control Devices.

A. Prohibition of Grease Discharges

1. No person shall discharge, cause, allow or permit to be discharged

into the sanitary sewer system any liquid or other waste containing

Grease in excess of one hundred fifty (150) parts per million by

weight.

2. No person shall discharge, cause, allow, or permit any Grease

discharge from a Food Service Establishment into the sanitary sewer

system, unless such discharge has first been processed through an

approved Grease Control Device.

3. No person shall discharge, cause, allow, or permit to be discharged

any Yellow Grease, or any waste or material mixed with Yellow

Grease, into the sanitary sewer system from a Food Service

Establishment. No Yellow Grease from a Food Service Establishment

shall be mixed with Grease Trap or Grease Interceptor waste.

B. Grease Control Devices

1. Installation of Grease Control Devices

a. Any Food Service Establishment or other type of business or

establishment where Grease or other viscous, obstructing materials

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may be discharged into a sanitary sewer shall have a Grease Control

Device and related plumbing of a size and design approved by the

District Manager.

b. Grease Interceptors shall meet the following minimum

requirements:

i) Designed retention time of no less than thirty

minutes.

ii) The effluent from the device must flow through an

approved sample box.

iii) Installed per manufacturer’s specifications.

iv) At least two (2) manholes, situated so all standpipes

can be fully observed, and all internal surfaces can be

reached, without confined space entry.

v) Double-sweep clean-outs, on the interceptor inlet,

and sample box outlet.

vi) Shall meet the specification and be constructed in

accordance with the applicable provisions of Chapter

24.06 of the San Jose Municipal Code.

c. Grease Traps shall meet the following minimum requirements:

i) No injection ports for chemicals or bacteria.

ii) Installed per manufacturer’s specifications.

iii) Appropriate flow restrictors, whether integral or

external to the device, must be installed.

iv) Shall meet the specifications and be constructed in

accordance with the applicable provisions of Chapter

24.04.

d. Mechanical Grease Removal Devices shall be installed in

accordance with manufacturer’s specifications.

e. Each Grease Control Device shall be so installed and connected

so that it shall be at all times easily accessible for visual inspection,

sampling, cleaning and removal of Grease, and other matter from all

surfaces.

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f. A Grease Control Device shall be situated on the discharger’s

premises, except when such a location would be impractical or cause

undue hardship on the discharger. A public agency of competent

jurisdiction may issue an encroachment permit to allow the Grease

Control Device to be installed in a public street or sidewalk area and

located so that it will not be obstructed by landscaping or parked

vehicles.

g. Waste discharged from fixtures and equipment in establishments

which may contain Grease, including but not limited to, scullery

sinks, dishwashers, food waste disposables, soup kettles, and floor

drains located in areas where such Grease may exist, may be drained

into the sanitary sewer system through the Grease Control Device if

approved by the District Manager, provided, however, that toilets,

urinals, wash basins, and other fixtures containing fecal material

shall not flow through the Grease Control Device.

2. Maintenance and Operation of Grease Control Devices

a. Grease Control Devices shall be maintained in efficient operating

condition by periodic removal of accumulated Grease. The use of

chemicals, bacteria, enzymes, or other additives that have the effect

of emulsifying or dissolving Grease is prohibited unless specifically

authorized by the District Manager in writing. No accumulated

Grease shall be introduced into any drainage piping or public or

private sewer.

b. Grease Control Devices shall be cleaned on a sufficient frequency

to prevent objectionable odors, surcharge of the Grease Control

Device, or interference with the operation of the sanitary sewer

system.

i) Grease Traps shall be cleaned at least once every

thirty (30) days.

ii) Grease Interceptors shall be cleaned once every

ninety (90) days.

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iii) Mechanical Grease Removal Devices must be

maintained in a manner and frequency consistent

with manufacturer specifications and guidance.

iv) Grease Control Devices shall be cleaned when their

last chamber is filled to twenty-five (25%) percent or

more of capacity with Grease or settled solids.

Grease Interceptors with a sample box shall be

cleaned immediately when Grease is evident in the

sample box.

v) Grease Control Devices shall be cleaned by being

pumped dry and all accumulated sludge on all

surfaces shall be removed by washing down the

sides, baffles and tees. No water removed from the

device during cleaning shall be returned to the Grease

Control Device.

C. The District Manager may grant an exception to the requirements of subsections 2

B (i) and (ii) above where he/she finds, based on evidence presented by the discharger, that a less

frequent cleaning schedule will be sufficient to assure that not more than twenty-five (25%)

percent of the capacity of the Grease Control Device will be filled with Grease or settled solids.

D. All dischargers shall implement Best Management Practices in their operations to


E. Dischargers shall maintain records on site for a period of at least three (3) years.

These records shall include documentation showing that the Grease Control Device operated by

the discharger has been properly maintained and cleaned as required by this section. Food Service

Establishments shall maintain records showing the following documentation regarding all Grease

hauled off site: date and time material removed off site; volume removed; hauler name; truck

license number; type of Grease removed; and final destination of material collected.

F. Abandoned Grease Control Devices shall be emptied and filled as required for

abandoned septic tanks.

7.25160 Garbage.

(A). No person shall discharge, deposit, or throw, or cause, allow or permit to

discharged, deposited, or thrown into the sSanitary sSewer sSystem, or any part thereof, any

15

gGarbage, or any fruit, vegetable, animal or other solid material from any food-processing plant or

other industrial facilityplant or retail grocery store, irrespective of whether or not it shall have been

first passed through a mechanical grinder.

(B). No pPerson shall install, operate, use or maintain upon the pPremises of any

processing plant, or any other industrial facilityplant or retail grocery store, any mechanical

grinder or waste grinder that is connected directly or indirectly to the sSanitary sSewer sSystem,

or any part thereof.

(C). No pPerson shall discharge, deposit, throw, or cause, allow or permit to be

discharged, deposited, or thrown into the sSanitary sSewer sSystem or any part thereof, any

gGarbage or fruit, vegetable, animal or other solid kitchen waste material resulting from the

preparation of any food or drinks, in any dwelling, restaurant, or eating establishment, unless the

same shall have first been passed through a mechanical garbage or waste grinder in conformance

with the provisions of the California Plumbing and Electrical Code of the general jurisdiction

within the dDistrict.


(A) No Person shall discharge, or cause, allow or permit to be discharged into the Sanitary

Sewer System or any part thereof, any garbage, or any fruit, vegetable, animal, or other solid

Industrial Wastes resulting from the processing, packaging, or canning of fruits, vegetables, or

other foods or products, unless such wastes have been first passed through screens having

openings not exceeding 1/32 of an inch in dimension.

(B) The District Manager may authorize, in writing, the discharge into the Sanitary Sewer

System of such wastes if they are first passed through screens having larger openings, if the

District Manager is satisfied that such larger openings will provide screening efficiency and

effectiveness equal to or better than that provided by the above-specified openings of 1/32 of an

inch in dimension.

(C) Each person who discharges, causes, allows, or permits to be discharged into the

Sanitary Sewer System or any part thereof, any such wastes shall install and maintain in good

operating order, screens as hereinabove specified and appurtenances thereto, including but not

limited to all necessary conveyors and elevators, all in sufficient quantity and of sufficient size and

quality to continuously and effectively screen not less than one hundred (100) percent of the peak

hydraulic and solids loading imposed on such screens and appurtenances during any processing

period.

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(D) No Person shall discharge any such screened wastes into the Sanitary Sewer System,

or any part of the system, unless and until he or she has obtained a Wastewater Discharge Permit

pursuant to this chapter granting approval to do so. The District Manager may require such person

to provide to the District Manager a report prepared by a registered professional engineer which

shows, to the satisfaction of the District Manager, that the provisions of this section have been

complied with, before the Wastewater Discharge Permit is granted.


(A) Any food service establishment, or other type of business or establishment where

Grease or other viscous, obstructing, or objectionable materials may be discharged into a public or

private sewage main or disposal system, shall have a Grease control Device and related plumbing

of a size and design approved by the District Manager.

(1) Grease Interceptors shall meet the following minimum requirements:

(a) Designed retention time of no less than thirty (30) minutes.

(b) The effluent from the device must flow through an approved sample box.

(c) Installed per manufacturer’s specifications.

(d) At least two (2) manholes, situated so all standpipes can be fully observed, and

all internal surfaces can be reached, without confined space entry.

(e) Double-sweep clean-outs on the interceptor inlet an sample box outlet.

(f) Shall meet the specifications and be constructed in accordance with the



(2) Grease Traps shall meet the following minimum requirements:

(a) No injection ports for chemicals or bacteria.

(b) Installed per manufacturer’s specifications.

(c) Appropriate flow restrictors, whether integral or external to the device, must be

installed.

(d) Shall meet the specifications and be constructed in accordance with the



(3) Mechanical Grease Removal Devices shall be installed in accordance with

manufacturer’s specification.

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(B) Each Grease Control Device shall be so installed and connected that it shall be at all

times easily accessible for visual inspection, sampling, cleaning and removal of Grease, and other

matter from all surfaces.

(C) A Grease Control Device shall be situated on the Discharger’s Premises, except when

such a location would be impractical or cause undue hardship on the Discharger, the City may

issue an encroachment permit to allow the Grease Control Device to be installed in the public

street or sidewalk area and located so that it will not be obstructed by landscaping or parked

vehicles.

(D) Waste discharged from fixtures and equipment in establishments which may contain

Grease or other objectionable materials including, but not limited to, scullery sinks, pot and pan

sinks, dishwashers, food waste disposals, soup kettles, and floor drains located in areas where such

objectionable materials may exist, may be drained into the sanitary sewer through the Grease

Control Device if approved by the District Manager provided, however, that toilets, urinals, wash

basins, and other fixtures containing fecal material shall not flow through the Grease Control

Device.


(A) Grease Control Devices shall be maintained in efficient operating condition by

periodic removal of the accumulated Grease. The use of chemicals, bacteria, enzymes, or other

additives that have the effect of emulsifying or dissolving Grease is prohibited unless specifically

authorized by the District Manager in writing. No accumulated Grease shall be introduced into any

drainage piping or Public or Private Sewer.

(B) Grease Control Devices shall be cleaned on a sufficient frequency to prevent

objectionable odors, surcharge of the Grease Control Device, or Interference with the operation of

the Sanitary Sewer System.

(1) Grease Traps shall be cleaned at least once every thirty (30) days.

(2) Grease Interceptors shall be cleaned at least once every ninety (90) days.

(3) Mechanical Grease Removal Devices must be maintained in a manner and

frequency consistent with manufacturer specifications and guidance.

(4) Grease Control Devices shall be cleaned when their last chamber is filled to

twenty-five (25) percent or more of capacity with Grease or settled solids. Grease Interceptors

with a sample box shall be cleaned immediately when Grease is evident in the sample box.

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(5) Grease Control Devices shall be cleaned by being pumped dry and all accumulated

sludge on all surfaces shall be removed by washing down the sides, baffles and tees. No water

removed from the device during cleaning shall be returned to the Grease Control Device.

(C) the District Manager may grant an exception to the requirement of Subsections B(1)

and B(2) where the District Manager finds, based on evidence presented by the Discharger, that a

less frequent cleaning schedule will be sufficient to assure that not more than twenty-five (25)

percent of the capacity of the Grease Control Device will be filled with Grease or settled solids,

and that no objectional odors are created.

(D) All Dischargers shall implement Best Management Practices in their operations to


(E) Dischargers shall maintain records on site for a period of at least three (3) years as

follows:

(1) Discharger with an installed Grease Control Device shall maintain records showing

that the Grease Control Device has been properly maintained and cleaned as required by this

Section; and

(2) Food service Establishment shall maintain records showing that following related

to all Grease hauled off site: date and time material removed off site; volume removed; hauler

name; truck license number, type of Grease removed, and final destination of material collected.

(F) Abandoned Grease Control Devices or Grease Interceptors shall be emptied and filled

as required for abandoned septic tanks by the County of Santa Clara Department of Environmental

Health.

Section 7.126905 Fixer Solution Prohibition. No pPerson shall discharge, cause, allow, or permit

Fixer Solution [as defined in Section 1.050 (29) of the District’s Ordinance Code] to be discharged

into the sSanitary sSewer sSystem without prior pretreatment to meet all applicable limits.

7.300 Section 7.166 Prohibition of Discharge from Dental Vacuum System; Installation and

Maintenance of Amalgam Separators.

(A) Except as provided in subsections (B) and (C) below, no Pperson shall discharge,

cause, allow, or permit any discharge to the sSanitary sSewer sSystem from a dental vacuum

system, unless such discharge has first been processed through an Amalgam Separator [as defined

by Section 1.050 (3) of the District’s Ordinance Code.]

19

(B) For each dental vacuum system installed prior to January 1, 2009, an Amalgam

Separator shall be installed on or before December 31, 2010. No dental vacuum system shall be

installed on or after July 1, 2009 without an Amalgam Separator. Proof of certification and

installation records shall be submitted to the District Manager or his/her authorized representative

within thirty (30) days of installation.

(C) A dental vacuum system may be operated without an Amalgam Separator provided

that the system is not used in connection with the removal or placement of fillings that contain

Dental Amalgam more than three (3) days per calendar year and the system is used exclusively by

the following types of dental practices:

(1) Orthodontics;

(2) Periodontics;

(3) Oral and maxillofacial surgery;

(4) Radiology;

(5) Oral pathology or oral medicine;

(6) Endodontistry and prosthodontristry.

(D) Amalgam Separators shall be maintained in accordance with manufacturer

recommendations. Installation, certification, and maintenance records shall be maintained for

minimum of five (5) years and available for immediate inspection upon request therefore by the

District Manager or designee during normal business hours.

7.171 Repealed by Ord. 135, May 28, 2008.





7.176 Repealed by Ord. 135, May 28, 2008


20

7.3180 Suspension of Service. When deemed necessary by the District Manager and Engineer for

the preservation of public health or safety, or for the protection of public or private property, he

may suspend sewer service may be suspended to any person or persons using the sSanitary sSewer

sSystem in a manner or way as to endanger the public health or safety, or public or private property,

and in this regard sever from the pPublic sSewer all pertinent cConnections thereto. If such

endangerment shall be imminent, then the District Manager and Engineer may act immediately to

suspend sewer service without giving advance notice or warning whatsoever to said pPerson or

Ppersons.


7.3200 Federal Pretreatment Regulations. No Industrial User shall discharge, cause, allow or

permit a discharge into the sSanitary sSewer sSystem in violation of any federal or state regulation

regulating discharges by such uUsers, including but not limited to the federal pretreatment

regulations found in Title 40 of the Code of Federal Regulations.


( A. ) It shall be unlawful to make any false statement, representation, record,

report, plan or other document or to tamper with or render inaccurate or divert flow from any

monitoring device or equipment installed or operated pursuant to this Cchapter or of any permit

issued under this Cchapter.

(B) B. In addition to any other punishment or remedy provided by law, any such

falsification or tampering shall be grounds for revocation of any permit issued under this cChapter.

7.21340 Record Keeping. All Industrial Users subject to the reporting requirements of this

Chapter shall retain and make available for inspection and copying, all records of information

obtained pursuant to monitoring activities required by this Chapter, and any additional records of

information obtained pursuant to monitoring activities undertaken by the Industrial User

independent of such requirements. These records shall remain available for a period of at least

three (3) years. This period shall be automatically extended for the duration of any enforcement

action concerning the Industrial User, or where the Industrial User has been specifically notified of

a longer retention period by the District Manager and Engineer.

21


(A) A. The District Manager and Engineer and other duly authorized employees and

agents of the District bearing credentials and identification shall have the right to access upon all

properties for the purpose of inspecting any Ssewer or storm drain connection, suspected source of

discharge to the Sewer or storm drain, including all discharge connections of roof and surface

drains and plumbing fixtures; inspecting, observing, measuring, photographing, sampling, and

testing the quality, consistency, and characteristics of sSewage and industrial wwastewaters being

discharged into any Ppublic Ssewer or natural outlet; and inspecting and copying any records

relating to quantity and quality of wWastewater discharges, including but not limited to water usage

and effluent discharged, chemical usage, and hazardous waste records.

(B) B. The District Mmanager may terminate service or revoke the permit of any

person who has discharged wWastewater to the sSanitary sSewer sSystem and has unreasonably

refused access to the District or its agents.

7.24360 Public Nuisance. The discharge of unscreened gGarbage, fruit, vegetable, animal or other

solid or liquid iIndustrial wWastes into any part of the sSanitary sSewer sSystem in violation of any

provision of this cChapter, is hereby declared to be a public nuisance.


A. (A) Discharges are subject to the reporting requirements as contained in

Title 40 Section 403.12 of the Code of Federal Regulations. The District Manager and Engineer

may require that any person connected to or discharging wWastewater into the sSanitary sSewer

sSystem file additional periodic discharge reports or a zero discharge report.

(B). The periodic discharge report may be required to include, but need not be limited

to, nature of process, volume, rates of flow, mass emission rate, hours of operation, number of

employees, hauling records, potential for Slug Discharge or other information which relates to the

generation of waste, including wWastewater constituents and characteristics in the wWastewater

discharge and the ability of the dDischarger to meet applicable discharge limits.

C(C) . The zero discharge report shall certify that the Zzero Ddischarge Categorical Uuser

does not discharge any process water to the sanitary sewer, or that a Zero Discharge Categorical

uUser does not discharge any categorical process water or ancillary process water to the

designated zero discharge categorical sample point into the sSanitary sSewer sSystem. This report

22

may be required to include, but need not be limited to, nature of process, hours of operation,

number of employees, hauling records, or other information that relates to generation of wastes.

(D). The District Manager and Engineer may also require such periodic discharge

reports and zero discharge reports to include information concerning the chemical constituents and

quantity of chemicals stored on-site, including waste hauling records or other information which

relates to the generation of wastes, even though they may not normally be discharged.

(E). In addition to discharge reports, the District Manager and Engineer may require

Dischargers to submit such additional reports as may be necessary to allow the District to evaluate

the Discharger’s ability to comply with this Chapter, including but not limited to Best

Management Practices or self-monitoring reports.

(F). It shall be unlawful for any person who has discharged wWastewater to the

sSanitary sSewer Ssystem to refuse to file any report requested by the District Mmanager or to file

any report or application after the due date as specified by the District Manager.

(G). Sampling and analysis shall be performed in accordance with 40 CFR part 136

and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical methods

for the pollutant in question, or where the District Manager determines that 40 CFR part 136 is

inappropriate for the pollutant in question, sampling and analysis shall be performed by using

analytical methods validated by the District Manager and Engineer.

7.380 Upset - Rebuttal. The following circumstances may be raised as an affirmative defense to an

action brought for noncompliance with Categorical Pretreatment Standards:

(A) The Industrial User can demonstrate through properly signed, contemporaneous

operating logs, or other relevant evidence that:

(1) The Industrial User can identify the cause(s) of the Upset;

(2) When the Upset occurred, the facility was being operated in a prudent and

workman-like manner, and in compliance with applicable operation and maintenance procedures;

(3) The Industrial User has submitted the following information to the San Jose/Santa

Clara Water Pollution Control Plant:

(a) A description of the discharge to the San Jose/Santa Clara Water Pollution

control Plant and the cause of noncompliance;

(b) The period of noncompliance, including exact dates and times or, if not

corrected, the anticipated time the noncompliance is expected to continue; and

23

(c) Steps being taken and/or planeed to be taken to reduce, eliminate and prevent

recurrence of the noncompliance.

(4) The Industrial User shall report the information specified in Subsection (A)(3) to

the District Manager or designee within twenty-four (24) hours of becoming aware of the Upset,

and provide written notice within five (5) days of becoming aware of the Upset.

(B) The Industrial User seeking to establish the occurrence of an Upset as an affirmative

defense shall have the burden of proof.

(C) The Industrial User shall control production of all discharges to the extent necessary to

maintain compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of its

treatment facility until the facility is restored or an alternative method of treatment is provided. The

requirement under this section applies even in a situation where the primary source of power of the

treatment facility is reduced, lost, or fails.

7.39260 Enforcement. The primary responsibility for enforcement of the provisions of this

cChapter shall be vested in the District Manager and Engineer, or agents of the dDistrict as he/she

shall designate, provided that field inspectors or other employees of the dDistrict or the Source

Control Section City of San Jose Environmental Services Watershed Protection Division staff as

representatives of the San Jose/Santa Clara Water Pollution Control Plant are hereby authorized to

act as agents of the District for and on behalf of the District Manager and Engineer, with the power

to inspect and issue notices for violations of this Chapter.

Nothing in this cChapter limits the authority of the District Manager and Engineer to request

that a civil or criminal action be brought by the District’s counsel, a city attorney, a district attorney

or the Attorney General pursuant to this cChapter or under any law or regulation.


( A). The District Manager and Engineer may revoke any Wwastewater

dDischarge pPermit, and/or terminate, or cause to be terminated wastewater service to any

premises:

(1) 1. If a discharge of wWastewater from the pPremises cause or threatens

to cause a violation of any provision of this cChapter or applicable local, state, or federal

regulations; or

(2) 2. If a discharge of wWastewater from the pPremises causes or threatens

to cause a condition of contamination, pollution, or public nuisance.

24

(B) B. Written notice of the permit revocation or service termination, and a

statement of the grounds therefore, shall be delivered to the dDischarger. The notice shall be

effective ten (10) calendar days after it is served on the dDischarger, unless the District Manager

and Engineer determines that immediate permit revocation or suspension of service is necessary for

the preservation of public health or safety or for the protection of public or private property. If the

District Manager and Engineer determines that immediate permit revocation or suspension of

service is necessary, the District Manager may act to revoke the permit or suspend service

immediately after written notice is delivered to the dDischarger.

(C) C. It shall be unlawful for any person to discharge any material into the

sSanitary sSewer sSystem from any premises for which the permit has been revoked or wastewater

service has been suspended or terminated.

7.280 410 Correction of Violations; Collection of Costs; Injunction.

(A) A. The District may abate any violation of this Cchapter.

(B) B. The cost of such abatement may be added to the sewer service charge of the

oOwner or tenant of the property upon which the violation occurred, and the District shall have all

available remedies for the collection of such costs as it has for the collection of sewer service

charges.

7.30420 Civil Penalties. Any person who intentionally or negligently violates any provisions of

this cChapter, any provision of any permit issued pursuant to this cChapter, or who intentionally or

negligently discharges waste or wWastewater which causes pollution, or violates any effluent

limitation, national standard of performance, or national pretreatment or toxicity standard, shall be

civilly liable to the District in a sum up to ten thousand dollars ($10,000) for the first day in which

such violation occurs, up to twenty-five thousand dollars ($25,000) for the second day in which

such violation occurs, and up to fifty thousand dollars ($50,000) for each additional day.

7.31430 Mandatory Wastewater Discharge Permits. No Critical User or Significant Industrial User

shall connect, discharge, cause, allow, or permit any discharge, into the sSanitary sSewer sSystem

except in accordance with a wWastewater dDischarge pPermit issued by the District Manager and

Engineer.


25

(A) Wastewater A. Ddischarge Ppermits shall be issued for a specific duration,

not to exceed five (5) years.

(B) B. Permits shall be subject to amendment by the District as limitations or

requirements for discharge are modified and changed.

C(C) . The holder of a Wastewater discharge permit shall be informed of any proposed

amendment to its permit at least thirty (30) days prior to the effective date of the amendment.

(D). The District Manager and Engineer may include a compliance schedule in an

amended permit.


(A). All persons requiring a Wastewater dDischarge pPermit shall file a complete

application, in the form prescribed by the District Manager and Engineer and accompanied by

payment of all fees established by this oOrdinance Ccode and further accompanied by payment of

all fees established by the City of San Jose, in connection with its industrial waste discharge

permit program.

(B). For new construction, permit applications shall be filed with the District Manager

at the time that an application for a building permit for a new building or structure is made.

C(C). All persons discharging wWastewaters into the sSanitary sSewer sSystem for

which a discharge permit has been issued must apply for a new permit prior to making a

sSignificant cChange in the operations affecting their discharge.

7.3460 Delinquent Fees

(A). Wastewater Discharge Permit are due ninety (90) days prior to: (a) Commencing

discharge to the Sanitary Sewer System; (b) Commencing operation of a zero discharging

categorical process; or (c) Expiration of existing Wastewater Discharge Permit.Permit

applications are due ninety (90) days prior to commencing discharge to the sanitary sewer system

or expiration of existing discharge permits. Any person who fails to file an application for a

Wastewater dDischarge pPermit application by the application due date prior to discharge shall be

assessed a penalty for delinquent filing as follows:

(1) 1. Up to and including thirty (30) days after the application due

datedelinquency, the penalty shall be fifty (50) percent (50%) of the permit fee.

26

(2) 2. More than tThirty-one (301) to ninety (90) days after the

application due date but less than one year delinquency, the penalty shall be one hundred (100)

percent (100%) of the permit fee.

3. (3) Ninety-one (91) days to one (1) year after the application due

dateMore than one (1) year delinquency, the penalty shall be one thousand (1000) percent

(1,000%) of the permit fee.

(B). Such penalties shall be in addition to any other penalties or fines that may be

levied, and in addition to any other remedies that the District may have with respect to the

discharge.

(C) The District Manager may waive the assessment of penalty if the Industrial User

meets all of the following requirements:

(1) The Industrial User has submitted a completed Wastewater Discharge Permit

application to the San Jose/Santa Clara Water Pollution Control Plan no later than thirty (30) days

from the date the application was due;

(2) The Industrial User has applied to the San Jose/Santa Clara Water Pollution

Control Plan for a waiver no later than thirty (30) days from the date the application was due;

(3) The Industrial User submitted timely applications for :

(a) The five (5) years immediately prior to the present late Wastewater Discharge

Permit application, or

(b) The two (2) years immediately prior to the present late Wastewater Discharge

Permit application if the Industrial User has discharged for less than five (5) years; and

(4) The Industrial User can provide documentation that

(a) The application was postmarked or received by the San Jose/Santa Clara Water

Pollution Control Plan no later than three (3) days after the application due date, or

(b) Failure to submit a timely application was due to circumstances beyond the

control of the Industrial User, and occurred despite the exercise of ordinary care and the absence

of willful neglect.


(A). Permit applications, discharge reports and any other reports that the District

Manager requireds by the District Mmanager to be signed, shall be signed by an executive officer of

the business filing the application.

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(B). Such executive officer shall be at least of the level of vice-president, general partner,

president, or an individual responsible for the overall operation of the facility applying for said

permit, or meet federal requirements for NPDES applications as contained in Title 40 of the Code of

Federal Regulations.

(C). Reports subject to pretreatment requirements in part 403 of Title 40 of the Code of

Federal Regulations shall include the relevant certification statement as set forth in Title 40 of the

Code of Federal Regulations, CFR Section 403.12, subsections (l) or (q).


(A). If the District Manager and Engineer is not satisfied that the Wastewater

Discharge pPermit application has sufficient information to determine whether the permit should

be issued, the District Manager may refuse to issue the permit or request that the applicant submit

further information.

(B). The applicant shall have thirty (30) working days, or such longer period of time as

allowed by the District Manager and Engineer, after reviewing a request for information, to

complete the application.

(C). If the returned application is not resubmitted within the specified time period, then

a new application for a Wastewater dDischarge pPermit must be submitted along with the

application fees and any delinquent fees for a new permit.

7.37490 No Transfer of Permit. Wastewater Ddischarge permits are issued to a specific User for a

specific operation. A Wastewater d No User shall assign, transfer or sell a discharge permit, or use

the permit for on premises or for facilities or operations not covered by the permit. ischarge permit

shall not be reassigned or transferred or sold to a new Owner, new User, different Premises, or a new

or changed operation without prior approval of the District Manager. However, nothing in this

Ordinance shall be construed to prevent the application of terms and conditions of this Ordinance,

including enforcement penalties, from applying to a succeeding Owner, successor in interest, or

other assigns of an existing contract of permit holder.


The District Manager and Engineer may deny a discharge permit if any one or more of the

following conditions exist:

(A). The application is not accompanied by the required fee(s).

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(B). The application contains false or misleading information.

C(C). T The issuance of the Wastewater Discharge pPermit would result in the discharge

of iIndustrial wWastes of such quantity or strength that the public health or safety, or public or

private property are endangered.

(D). The issuance of the Wastewater Discharge pPermit would cause the San

Jose/Santa Clara Water Pollution Control Plant to violate any permit conditions, laws, or

regulations of the state and/or federal government.

E(E). The applicant has not provided adequate information to establish that its discharge

will comply with all requirements of this chapter and with such other terms and conditions as the

District Manager may deem necessary to include in the applicant's Wastewater Discharge pPermit.

(F). The applicant has not provided plans for sufficient protection from aAccidental

dDischarges to the sSanitary Ssewer sSystem.

(G). If the District Manager refuses to issue a Wastewater Discharge Permit, the

application fees shall not be returned to the applicant unless the District Manager has ascertained

that a permit is not required to discharge the Wwastewater for which the Wastewater Discharge

pPermit application is made.


(A). Wastewater Ddischarge permits shall be expressly subject to all provisions of this

cChapter and all other regulations, user charges, discharge limitations, and fees established by the

District and all applicable local, state and federal law and regulations.

(B). The permit may include such terms and conditions as the District Manager may

deem necessary to implement this cChapter, or any other applicable local, state, or federal law and

regulations, including but not limited to:

(1) 1. Limits on the average and maximum wWastewater volume,

constituents and characteristics.

(2) 2. Requirements for installation and maintenance of flow monitoring,

inspection, and sampling facilities;

(3) 3. Specifications and pPretreatment rRequirements for monitoring

programs which may include sampling locations, frequency of sampling, number, types, and

standards for tests and reporting schedule;

( 4). Compliance schedules;

(5) 5. Requirements for submission of technical reports or discharge reports.

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( 6) . Requirements for maintaining and retaining facility plant records relating to

Wwastewater discharge as specified by the District and affording the District or its agent access

thereto;

( 7). Requirements for notification to the District or its agents of any new

introduction of wastewater constituents or any Ssignificant cChange in the volume or character of

the wastewater constituents being introduced into the wastewater stream;

( 8.) Requirements and plans for protection against aAccidental

dDischarges, including but not limited to berming of chemicals and waste materials. The review

and approval of such plans and operating procedures shall not relieve the Uuser from the

responsibility of modifying the facility as necessary to provide the protection necessary to meet

the requirements of this code or other state or federal regulations.

( 9). Requirements for notification of Aaccidental dDischarges; and

(10) Requirements for the submission of a .Slug Control Plan or specific element

thereof.

7.520 Waiver of Pollutants Not Present.

(A) A Categorical Industrial User seeking to request a waiver of monitoring requirements for

pollutants not present must submit the following with its permit application:

(1) Date from at least one (1) sampling of the facility’s process Wastewater prior to any

treatment that is representative of all Wastewater from all processes;

(2) Signature in compliance with Section 7.470;

(3) Certification statement as specified under 40 CFR 403.6(a)(2)(ii); and

(4) Other technical factors as may be required by the District Manager to demonstrate

that the pollutant is not present in the Industrial User’s discharge.

(B) If approved, the waiver shall be included as part of the Categorical Industrial User’s

discharge permit. The Categorical Industrial User must certify in each self-monitoring report with

the statement set forth in 40 CFR 403.12(e)(2)(v) that there has been no increase in the waste stream

due to the activities of the User of the pollutant that was waived.

(C) The waiver shall only be valid for the term of the permit, and a new request for waiver

must be submitted for each new permit.


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(A). Any permittee or permit applicant may appeal a notice of revocation of a

Wastewater dDischarge pPermit, notice of denial of a Wastewater Discharge pPermit, any term or

condition of a Wastewater Discharge pPermit, amendment of a Wastewater Discharge Ppermit, or

notice of termination of service to the District Manager.

(B). A request for hearing on a decision to revoke a permit or terminate service shall

be filed in writing with the District Manager and Engineer within ten (10) days after the date the

notice of revocation or termination of service is served on the permittee. A request for hearing on

a decision to revoke a Wastewater Discharge pPermit or terminate service shall, except in the case

of immediate Wastewater Discharge pPermit revocation or suspension of service for the

preservation of public health or safety or for the protection of public or private property, stay the

effect of the notice of revocation or termination of service, during the pendency of the appeal.

C(C) . A request for hearing on a decision to deny a Wastewater Discharge pPermit, on

the terms or conditions in a Wastewater Discharge pPermit, on an amendment to a Wastewater

Discharge pPermit, shall be filed, in writing, with the District Manager and Engineer within thirty

(30) days after the date the notice of decision is served on the applicant.

(D). Failure of a permittee or applicant to timely request a hearing shall be deemed

acceptance of the District Manager's decision, and the District Manager's decision shall be deemed

final and effective.

(E). At the hearing before the District Manager, the applicant shall be given an

opportunity to present witnesses and documentary and other evidence.

(F). The hearing will be conducted informally and technical rules of evidence shall not

apply. Any and all evidence which the District Manager deems reliable, relevant and not unduly

repetitious may be considered.

(G). The applicant may be represented at the hearing by another person.

(H). The District Manager shall provide written notice of decision on the appeal to the

permittee or applicant. The decision of the District Manager on the appeal shall be deemed final

and effective three (3) days after the notice of the decision on appeal is served on the permittee or

applicant.

(I). Filing of a request for hearing shall not entitle any person to discharge in violation

of any of the provisions of this code.

7.5410 Additional Relief. The remedies provided by this cChapter are cumulative, and shall

not be construed as restricting any remedy provided by law for the benefit of the District.

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7.550 Applicability of Regulations Issued by the Director of Environmental Services of

the City of San Jose. In addition to the provisions contained in the District’s oOrdinance cCode,

iIndustrial dischargers User discharging industrial waste into the District’s sSewer system, shall be

subject to all wWastewater dDischarge pPermit regulations promulgated by the Director of

Environmental Services of the City of San Jose authorized by this Chapter and Chapter 15.14.790

of the San Jose Municipal Code which are not inconsistent with the District’s Oordinance cCode.

7.42560 Publication of Users in Significant Noncompliance. The District Manager is

authorized to publish annually, a list of Significant Industrial Users which, at any time during the

previous twelve (12) months, which were in Significant Noncompliance with applicable

Pretreatment Standards and Requirements. The term significant compliance is defined in 40 CFR

403.8.

west valley sanitation district · 10/8/2014 · west valley sanitation district . of santa clara...

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