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emit dangerous radioactivity or produce electric or magnetic fields that adversely affect public health, safety, and welfare including interference with normal radio, telephone, or television reception off-site.
Dust, heat, cold, glare and electrical disturbance. No use, except a temporary construction operation, shall be permitted which creates dust, changes in temperature or direct or skyreflecting glare detectable by the human senses without the aid of instruments beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the site.
Vibration. No use, except a temporary construction operation, shall be permitted which creates vibration sufficient to cause a displacement of 0.003 inch beyond the boundaries of the site.
Wastewater discharge. No liquids of any kind shall be discharged into a public or private sewage or drainage system, water course, body of water, or into ground except in compliance with federal, state, regional, and local laws, rules and regulations.
Sustainable design. All new development proposals shall demonstrate best management practices in project design and implementation to maximum the efficient use of resources and reduce deleterious environmental impacts on the community. (Ord. No. 1553, § 2, 1-28-97; Ord. No. 1875, § 1(Exh. 1A), 1-14-14)
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(Ord. No. 404; Code 1984, § 14002)
Sec. 82-39. - Engineering for extensions.
All engineering for sewer extensions shall be provided by the city, at the cost of the developer. (Ord. No. 404; Code 1984, § 14008)
Sec. 82-173. - Adoption of regulations for sewer construction and use.
The city council may, by resolution, adopt reasonable rules and regulations relating to sewer construction, use and maintenance, and discharge, deposit or disposal of all wastewater, both directly and indirectly, within the city. Such resolution may adopt rules and regulations by reference. (Ord. No. 884; Code 1984, § 14112)
Sec. 90-1048. - Performance standards.
All uses established or placed into operation shall comply at all times with the performance standards set out in this section. The director may require submission of evidence of ability to comply with the required conditions.
Noise. No use, except a temporary construction operation, shall be permitted which creates noise of a maximum sound pressure level greater than the value established in the public safety element of the general plan, and adopted building codes, or as may be further determined by project specific mitigation measures. The general plan specifies land use compatibility standards to ensure that stationary noise sources (e.g., industrial uses) do not adversely affect noise-sensitive land uses and that community noise environments do not negatively affect land uses.
Fire, toxic materials, and explosion hazards. The storage and handling of hazardous materials including flammable liquids, liquid petroleum gases and explosives shall comply with the state rules and regulations and with the ordinances of the city.
Air contaminants. No use shall emit any air contaminant except in compliance with the rules and regulations of the south coast air management district and local regulations.
Odor. No use shall be permitted which creates annoying odor in such quantities as to be readily detectable beyond the boundaries of the site.
Radioactivity and electrical disturbances. The use of radioactive materials shall be limited to measuring, gauging and calibration devices such as tracer elements, use in X-ray and like apparatus, and use in connection with the processing and preservation of food. No use shall
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Sec. 82-174. - Compliance with sewer regulations.
The building official for the city is hereby authorized to enforce the rules and regulations referred to in section 82-173 when adopted.
(Ord. No. 884; Code 1984, § 14113)
Sec. 82-175. - Violation of article; penalty.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this article. Any person violating any provision of this article or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with section 1-8.
(Ord. No. 579; Code 1984, § 14114)
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CITY OF HEMET 2024 SEWER SYSTEM MANAGEMENT PLAN UPDATE
APPENDIX H
Inter-agency Sewage
Agreement
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CITY OF HEMET 2024 SEWER SYSTEM MANAGEMENT PLAN UPDATE
APPENDIX I
EMWD Ordinance
NO. 59.7
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Regulations
for
Waste Discharge
and
Sewer Use
Ordinance 59.7
ADOPTED BY THE BOARD OF DIRECTORS
OF EASTERN MUNICIPAL WATER DISTRICT
June 15, 2022
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TABLE OF CONTENTS
ARTICLE NO. PAGE
ARTICLE 1 – GENERAL PROVISIONS
1.1 Intent…………………………………………………………………….….………... 01
1.2 Purpose………………………………………………………………….….……….. 01
1.3 Policy…………………………………………………………………….…..……….. 01
1.4 Scope……………………………………………………………………...…………. 02
1.5 Applicability………………………………………………………………..………… 02
1.6 Powers……………………………………………………………………..………… 02
1.7 Access……………………………………………………………………..………… 04
1.8 Information Required……………………………………………………..………… 04
1.9 Authority……………………………………………………………………………… 05
ARTICLE 2 – DEFINITIONS
2.1 Definitions………………………………………………………………..…………... 06
2.2 Other Meanings……………………………………………………………………... 16
ARTICLE 3 – GENERAL SEWER USE REQUIREMENTS
3.1 Prohibited Discharge Standards………………………………………………….. 17
3.2 Categorical Pretreatment Standards……………………………………………... 18
3.3 Local Limits……………………………………………………………………….…. 19
3.4 Best Management Practices…………………………………………………….… 19
3.5 Policies and Standards………………………………………………….…………. 19
3.6 Limitations of Total Dissolved Solids (TDS)…………………………….……….. 19
3.7 Right of Revision…………………………………………………………….……… 20
3.8 Dilution……………………………………………………………………….………. 20
3.9 Cesspool, Septic Tank, and Holding Tank Hauled Wastes………………….… 20
3.10 Access to District Facilities………………………………………………….…….. 20 ARTICLE 4 – WASTE DISCHARGE PERMIT & REPORTING REQUIREMENTS
4.1 General Requirements…………………………………………………………….. 21
4.2 Waste Discharge Permit Issuance Process………………………………….….. 24
4.3 Reporting Requirements…………………………………………………….…….. 28
ARTICLE 5 – WASTE DISCHARGE AUTHORIZATIONS & SPECIAL AGREEMENTS
5.1 General Requirements………………………………………………….………….. 36
5.2 Authorization / Special Agreement Issuance Process………………………….. 38
5.3 Reporting Requirements…………………………………………………………… 41
ARTICLE 6 – ENFORCEMENT
6.1 Enforcement Actions………………………………………………………….……. 42
6.2 Published Notices for Significant Non-Compliance…………………………….. 45
6.3 Remedies Non-Exclusive………………………………………………………….. 45
6.4 Appeals………………………………………………………………………………. 46
ARTICLE 7 – SEVERABILITY
7.1 Severability…………………………………………………………………….……. 47
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ARTICLE NO. PAGE
ARTICLE 8 – REPEAL
8.1 Repeal……………………………………………………………………………….. 48
ARTICLE 9 – EFFECTIVE DATE
9.1 Effective Date……………………………………………………………………….. 49
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1 ARTICLE 1
GENERAL PROVISIONS
1.1 INTENT
It is the intent of this Ordinance to protect from any actual or threatened discharge which reasonably appears to present an imminent or substantial danger to the health or welfare of any Person or to the environment, or which reasonably appears to present imminent or substantial interference with the Public Owned Treatment Works (POTW), or which reasonably may cause Eastern Municipal Water District (District) to violate any condition of its regulatory permits.
1.2 PURPOSE
A. The purpose of this Ordinance is to set forth:
1. Conditions and limitations on the use of the POTW;
2. Specific enforcement provisions to resolve noncompliance with the District's Ordinance, thereby allowing the District to:
a. Comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies; and
b. Ensure that the POTW is protected from pass-through and/or interference and is able to operate with the highest degree of efficiency; and
c. Protect the beneficial use of recycled water and municipal sludge; and
d. Protect the public health and environment.
1.3 POLICY
A. This Ordinance shall be interpreted in accordance with the definitions set forth in Article 2. The provisions of this Ordinance shall apply to the direct and indirect discharge of all wastes to the POTW.
B. The District shall seek the cooperation of the Users of the POTW to ensure compliance with this Ordinance. Reasonable approaches shall be utilized when applying applicable regulations without compromising the intent, purpose, and policies of this Ordinance.
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2 C. The District shall adopt more stringent quality requirements on wastewater discharges regulated by 40 Code of Federal Regulations (CFR), Chapter I, Subchapter N, Parts 405-471, in the event that more stringent quality requirements are necessary to protect beneficial use of recycled water and municipal sludge or meet additional requirements set in permits issued to the District.
D. The District shall encourage conservation and pollution prevention through source control strategies, which reduce the amount of pollutants entering the environment, prior to recycling, Pretreatment, or disposal.
E. The District shall use the revenues derived from the application of this Ordinance to defray the cost of regulating sewer usage to include, but not be limited to, administration, monitoring, permitting, reporting, and enforcement.
F. All costs and expenses incurred by the plan check procedures of the District's Source Control Division shall be paid by the applicant. Plan check fees shall be in an amount adopted in Resolution No. 2963, and any amendments thereto.
G. The District shall ensure that all parties are afforded due process of law. An applicant or User shall be given written notice of rejection of an application, or Violation of this Ordinance, or any enforcement action. Such notice shall include a statement of reasons in support thereof and proposed actions to be taken, if any. Affected applicants or Users shall have the right to a hearing.
Decisions/determinations may be appealed as set forth in Article 6.
H. The District, at its discretion, may utilize any one, combination, or all enforcement remedies provided in Section 1.6 in response to any Violation.
1.4 SCOPE
The provisions of these Regulations shall apply, but are not limited to sewer construction, use, maintenance, discharge, deposit, or disposal of Wastewater, both directly and indirectly, into the POTW.
1.5 APPLICABILITY
This "Regulations for Waste Discharge and Sewer Use" Ordinance applies to all Users who discharge or have the potential to discharge Non-Domestic Wastewater to the POTW and are subject to regulation and enforcement.
1.6 POWERS
A. The General Manager is authorized to:
1. Issue, modify, and reissue Waste Discharge Permits, Authorizations, and Special Agreements;
2. Suspend, terminate and revoke Waste Discharge Permits, Authorizations, and Special Agreements;
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3 3. Require the installation and maintenance of Pretreatment Facilities and/or monitoring facilities and equipment;
4. Require installation of equipment necessary to protect the POTW from possible discharges (i.e., spill, rain);
5. Conduct inspections of facilities, including, but not limited to, inspecting and copying records;
6. Require monitoring and reporting of discharges to the POTW;
7. Monitor the quality of Wastewater entering the sewer system;
8. Require the development of Spill Containment Plans and reporting of accidental discharges;
9. Require the development of a Slug Control Plan (per 40 CFR 403.8);
10. Deny, approve, or approve with conditions, new or increased discharges or change in the quantity or characteristics of discharges, when such discharges do not meet applicable pretreatment requirements as specified in 40 CFR 403.8.
11. Take enforcement actions against those who violate or cause violation of this Ordinance or discharge permit conditions. These actions may include, but are not limited to the following:
a. Issuing letters;
b. Issuing Notices of Violation;
c. Issuing Administrative Orders;
d. Issuing Emergency Suspensions;
e. Initiating and conducting non-compliance meetings;
f. Initiating and conducting administrative hearings;
g. Petitioning the courts for injunctions or civil penalties; h. Signing criminal complaints;
i. Terminating services;
j. Requiring payment of violation charges;
k. Revoking and/or suspending the Waste Discharge Permit, Authorization, or Special Agreement.
l. To hear and rule on appeals.
12. Establish Policies and Standards applicable for discharges or potential discharges of Non-Domestic Wastewater.
13. Establish Best Management Practices applicable as Local Limits.
B. The General Manager is authorized to delegate authority to a designated representative any power granted to or the carrying out of any duty imposed upon the General Manager pursuant to this Ordinance.
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4 1.7 ACCESS
The District shall be permitted to enter all properties from which wastes or wastewaters are being or are capable of being discharged into a POTW for purposes of inspecting, observing, measuring, sampling, and testing pertinent to the discharge of wastes or wastewaters to ascertain whether the intent of this Ordinance is being met and the User is complying with all requirements. The District shall have access at reasonable times to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling. The District shall have the right to set up on the User’s property such devices as are necessary to conduct sampling or metering operations.
Where a User has security measures in force, the User shall make necessary arrangements so that personnel from the District will be permitted to enter without delay for the purpose of performing their specific responsibilities.
1.8 INFORMATION REQUIRED
A. To provide for fair and equitable use of POTW, the District shall have the unqualified right to require a User to provide information necessary to insure compliance with all rules, regulations, and provisions of this Ordinance.
B. All District information and data on a User shall be available to the public in accordance with Resolution No. 2846 of the Board unless the User specifically requests and is able to demonstrate to the satisfaction of the District that the release of such information would divulge information, processes, or methods which would be detrimental to the User’s competitive position. The demonstration of the need for confidentiality made by the User must meet the burden necessary for holding such information from the general public under applicable State and Federal law.
C. In any event, the District shall not limit Environmental Protection Agency (EPA) or the Regional Water Quality Control Board’s (RWQCB) access to any information provided by the User.
D. In any event, information concerning Wastewater quality and quantity will not be deemed confidential. Such information may include, but is not limited to:
1. Wastewater discharge peak flow rates and volume over a specified time period;
2. Physical, chemical, bacteriological, or radiological analysis of Wastewater;
3. Site and process flow diagrams and information on raw materials, processes, and products;
4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials;
5. Details of Wastewater Pretreatment Facilities and their operation and maintenance;
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5 6. Details of systems to prevent and control the losses of materials through spills to the POTW;
7. Detailed plumbing plans indicating all sources discharging to on and offsite Sewer Laterals;
8. A Slug control program, per 40 CFR 403.8;
9. Notification of discharges of a listed hazardous waste (Section 3001 of Resource Conservation Recovery Act (RCRA)) to the sewer system per 40 CFR 403.12;
10. Baseline monitoring reports per 40 CFR 403.12;
11. Compliance progress reports in accordance with all provisions listed in 40 CFR 403.12:
12. Notification of potential problems, including Slugs in accordance with all provisions listed in 40 CFR 403.12;
13. Prompt notification of substantial changes in volume or character of Pollutants discharged in accordance with all provisions listed in 40 CFR 403.12;
14. Monitoring and analysis reports demonstrating continued compliance in accordance with all provisions listed in 40 CFR 403.12.
1.9 AUTHORITY
The District is regulated by several agencies of the United States Government and the State of California, pursuant to the provisions of applicable Federal and State Law.
Federal and State Laws (including, but not limited to: 1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. § 1251 et seq.); 2) California Porter Cologne Water Quality Act (California Water Code § 13000 et seq.); 3) California Health & Safety Code sections 25100-25250; 4) Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.); and 5) California Government Code sections 54739-54740) grant to the District the authority to regulate and/or prohibit, by the adoption of an ordinance, and by issuance of permits, authorizations, and special agreements, the discharge of any waste, directly or indirectly, to the POTW. Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the POTW; to require the development of compliance schedules for the installation of equipment systems and materials by all Users; and to take all actions necessary to enforce District’s authority, whether within or outside the District boundaries, including those Users that are tributary to the District or within areas for which the District has contracted to provide sewerage services.
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6 ARTICLE 2
DEFINITIONS
2.1 DEFINITIONS
A. Where definitions contained within this document, conflict with definitions found in other documents or regulations, the definitions found herein shall take precedence and apply to discharges to EMWD POTWs.
B. The following abbreviations, when used in this Ordinance, shall have the designated meanings:
1. BMP - Best Management Practice
2. BMR - Baseline Monitoring Report
3. BOD - Biological Oxygen Demand
4. CFR - Code of Federal Regulations
5. EMWD - Eastern Municipal Water District
6. EPA - Environmental Protection Agency
7. GPD – Gallons Per Day
8. LWH - Liquid Waste Hauler
9. mg/L - Milligram Per Liter
10. NAICS - North American Industry Classification System
11. NPDES - National Pollutant Discharge Elimination System
12. NSCIU – Non-significant Categorical Industrial User
13. POTW - Public Owned Treatment Works
14. RCRA – Resource Conservation Recovery Act
15. RV - Recreational Vehicle
16. RWRF - Regional Water Reclamation Facility
17. SIC - Standard Industrial Classification
18. SIU – Significant Industrial User
19. SNC – Significant Non-Compliance
20. TDS – Total Dissolved Solids
21. TSS – Total Suspended Solids
C. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Ordinance, shall have the meanings designated.
1. Act - The term Act means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33U.S.C 1251, et seq.
2. Applicant - Any Person(s) who has applied for permission to discharge to the POTW.
3. Authorization - See Waste Discharge Authorization.
4. Authorized Representative:
a. Responsible officer, if the User is a corporation or limited liability company, where that officer is the manager of one or more
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7 manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including have the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for Control Mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
b. By a general partner or proprietor if the User is a partnership or sole proprietorship respectively.
c. If the User is a Federal, State, or local governmental entity or their agents, the principal executive officer or director having responsibility for the overall operation of the discharging facility. d. By a duly authorized representative of the individual designated in paragraph (a), (b), or (c) of this definition if:
1.) The authorization is made in writing by the individual described in paragraph (a), (b), or (c);
2.) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility or having overall responsibility for environmental matters for the company.
5. Batch Discharge - EMWD approved intermittent discharge of Pollutants from sources such as, but not limited to, process tanks, holding tanks, rinse tanks, or treatment systems.
6. Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions in Article 3. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
7. Biochemical Oxygen Demand (BOD) - Quantity of oxygen, expressed in mg/L, required to biologically oxidize material in a waste or wastewater sample measured under approved laboratory methods for 5 days at 20°C.
8. Board - The Board of Directors of Eastern Municipal Water District.
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8 9. Categorical Pretreatment Standards - The final regulations promulgated and adopted by EPA (as outlined in 40 CFR 403, and 40 CFR, Chapter I, Subchapter N, 405-471) for each standard industrial classification (SIC) or subcategory containing pollutant discharge limits.
10. Categorical User - Any User whose process(es) are subject to Categorical Pretreatment Standards.
11. Categorical Wastewater – Wastewater subject to Categorical Pretreatment Standards.
12. Cesspool - A lined excavation in the ground which receives the discharge of a sewage drainage system, or part thereof, so designed as to retain the solids and organic matter but permitting liquids to seep out.
13. Code of Federal Regulations (CFR) - The codification of the general and permanent rules published in the United States Federal Register by the Executive departments and agencies of the Federal Government to include but not limited to the Environmental Protection Agency.
14. Collection System - The combined pipes, conduits, manholes, pumping stations and other structures, above and below ground, whose purpose is to convey wastewater to a District RWRF.
15. Combined Wastestream Formula - Formula as outlined in the General Pretreatment Regulations of the Clean Water Act, Title 40 Code of Federal Regulations for determining wastewater discharge limitations for Categorical Users and Significant Industrial Users whose effluent is a mixture of regulated, unregulated and dilution wastewater as defined in the formula.
16. Compatible or Conventional Pollutant - A combination of BOD, Total Suspended Solids, pH, fecal coliform bacteria, plus other Pollutants that the District's RWRFs are designed to accept, treat, and/or remove. Some compatible pollutants may be considered incompatible when discharged in quantities that have an adverse effect on the collection, treatment, disposal systems and/or discharge permit regulating the RWRFs causing Interference or Pass Through.
17. Compliance Schedule – An enforceable time schedule containing increments of progress called milestones or deadlines. These milestones shall be for the commencement and/or completion of major actions leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures, or operational management techniques required for the User to comply with all applicable Federal, State or local environmental regulations which may directly or indirectly affect the quality of the User’s Wastewater effluent.
18. Composite Sample - A sample that is collected over time, either by continuous sampling or by mixing a minimum of four (4) discreet sample aliquots representative of the discharge during a twenty-four (24) hour
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9 period. The composite sample may be either as a time composite sample, composed of discreet sample aliquots collected in one (1) containment at constant time intervals, providing representative samples irrespective or stream flow; or as a flow proportional composite sample collected as a constant sample volume at timed intervals proportional to stream flow.
19. Control Mechanism - Waste Discharge Permit, Water Discharge Authorization or Special Agreement.
20. Department Director - Person duly designated by the General Manager to direct the Source Control Division and perform the duties as specified in this Ordinance.
21. Dilution - Increase in use of process water, potable water or any other means to dilute a discharge as a partial or complete substitute for adequate treatment to achieve discharge requirements.
22. Direct User - Any User who discharges, causes a discharge, or has a potential to discharge a Non-Domestic Wastewater to the Collection System.
23. Discharge - The term Discharge or Indirect Discharge means the introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c) or (d) of the Act.
24. Discharge Requirements - The requirements of Federal (as listed in 40 CFR 403), State, or local public agencies having jurisdiction over the effluent discharges from District RWRFs.
25. District - Eastern Municipal Water District (EMWD).
26. Domestic Wastewater - The liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private disposal system.
27. Effluent - Treated wastewater flowing from a POTW or a User’s Pretreatment Facilities.
28. General Manager - The General Manager of the Eastern Municipal Water District.
29. Grab Sample - A sample taken from a waste stream without regard to the flow of the waste stream and over a period of time not to exceed fifteen (15) minutes.
30. Hearing Officer – The Person designated by the General Manager to conduct an administrative hearing.
31. Hydrolysate - The resultant liquid from the hydrolysis of animal or human remains.
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10 32. Hydrolysis - The process by which the body of a deceased animal or person is chemically reduced to its essential organic components and bone fragments either before or after processing of the remains after removal from the hydrolysis chamber.
33. Incompatible or Non-Conventional Pollutant - Any Pollutant which is not a Compatible Pollutant as defined herein.
34. Indirect User - Any User who discharges or has a potential to discharge Wastewater to a Septic Tank, Cesspool, chemical toilet, or private sewer system which, from time to time, is serviced by a Liquid Waste Hauler permitted by the District to discharge to a designated POTW.
35. Infectious Agent – A type of microorganism, bacteria, mold, parasite, or virus, including, but not limited to, organisms managed as Biosafety Level II, III, or IV by the Federal Centers for Disease Control and Prevention, that normally cause, or significantly contributes to the cause of, increased morbidity or mortality of human being. (California Health and Safety Code, Section 117675)
36. Inspector – Any representative of the District authorized by the General Manager to inspect any establishment directly or indirectly discharging or anticipating discharge to the POTW.
37. Interceptor - EMWD approved equipment to remove floatable and settleable material from Wastewater prior to discharge.
38. Interference - A discharge by a User which, alone or in conjunction with discharges by other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and which is a cause of a violation of any requirement of the RWRF's discharge order and/or NPDES Permit (including an increase in the magnitude or duration of a violation), or of the prevention of sewage sludge use or disposal in compliance with applicable Federal, State, and local regulations (per 40 CFR 403.3 (I)).
39. Liquid Waste Hauler (LWH) - Any pumper that is permitted by the County of Riverside as a Non-Hazardous Liquid Waste Hauler, discharging domestic and sanitary wastewater only. This may also mean septic tank pumper.
40. Local Limits - A set of technically based, enforceable, discharge limits implemented by the District for Pollutants that may cause Interference, Pass Through, sludge contamination, or worker health and public safety problems if discharged in excess to a POTW.
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11 41. Mass Emission Rate - The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of particular constituent or combination of constituents.
42. Milestone – Deadline established in a Compliance Schedule for specified increments. No increment shall exceed nine (9) months.
43. Monitoring Facilities - Structure(s) and equipment approved by EMWD and provided at the User’s expense for EMWD or the User to measure and record Wastewater Pollutant levels, flow and collect representative Wastewater samples.
44. NAICS - North American Industry Classification System published by the Executive Office of the President of the United States, Office of Management and Budget.
45. New Source - 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 Categorical Pretreatment Standards under section 307c of the Act. (40 CFR 403.3 m(1) Definitions)
46. Non-Domestic Wastewater - All Wastewater other than Domestic Wastewater.
47. Non-Significant Categorical Industrial User (NSCIU) – Categorical Users who discharge less than 100 gallons day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Categorical Pretreatment Standard), including zero discharging Categorical Users.
48. Oil and Grease - Any petroleum derived products (e.g., oils, fuels, lubricants, solvents, cutting oils, mineral oils), any vegetable derived products (e.g., oils, shortenings, water soluble cutting oils, etc.) or any animal derived products (e.g., fats, greases, oils, etc.) in part or in combination.
49. Pass Through - The discharge of pollutants through the RWRF in quantities or concentrations which are a cause in whole or in part of a violation of any requirement of the RWRF's discharge order including an increase in the magnitude or duration of a violation (40 CFR 403.3).
50. Permitted User - User regulated by a permit.
51. Permittee - A User who has applied for and received a permit to discharge into a POTW and is subject to the requirements and conditions established by the District.
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12 52. Person - Any individual, partnership, firm, association, corporation, tribe, or public agency, including the State of California and the United States of America.
53. Pollutant - Any constituent or characteristic of Wastewater on which a discharge limitation or prohibition may be imposed either by the District or the regulatory agencies empowered to regulate the District.
54. Publicly Owned Treatment Works (POTW) - Means the treatment works owned by EMWD and all pumping stations, sewers, pipes, and other conveyances owned by public entities, including but not limited to cities, other agencies, and tribes connected to the treatment works.
55. Pretreatment - The reduction of the amount of Pollutants, the elimination of Pollutants, or the alteration of the nature of Pollutant properties in Wastewater prior to, or in lieu of, introducing such Pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the Pollutants unless allowed by an applicable Categorical Pretreatment Standard.
56. Pretreatment Facilities – Any works or devices for the treatment or flow control of Wastewater prior to discharge.
57. Pretreatment Requirements - Any requirement related to Pretreatment imposed on a User, other than a Pretreatment Standard.
58. Pretreatment Standard or Standards - Prohibited discharge standards, Categorical Pretreatment Standards, and local limits.
59. Priority Pollutants - The listing of toxic pollutants as identified in 40 CFR 401.15.
60. Public Agency – Any Federal, State or local authority.
61. Public Nuisance - Anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) affects at the same time an entire community or neighborhood, or any number of Persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) occurs during or as a result of the treatment or disposal of waste to the POTW.
62. Qualified Professional - Any Person who by virtue of education, training, or experience is qualified to evaluate and assess Pollutant discharges and violations of this Ordinance.
63. RCRA - Resource Conservation and Recovery Act of 1976, and its regulations as found in 40 CFR Parts 260-266 and Part 270 as amended.
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13 64. Recreational Vehicle (RV) – Recreational Vehicle as defined in Health and Safety Code section 18010.
65. Regional Water Quality Control Boards (RWQCBs) – State Agency that Develops and enforces water quality objectives and implementation plans that will best protect the beneficial uses of the State’s waters. The RWQCB issued EMWD a Reclamation Master Permit which includes pretreatment program requirements. The Santa Ana RWQCB and San Diego RWQCB regulate the pretreatment program administered by EMWD.
66. Regional Water Reclamation Facility (RWRF) - The District sewage treatment plant designed to serve a specific area of the District.
67. Regeneration Cycle - Liquid used to exchange the chemistry in an ion exchange unit.
68. Regulatory Agencies - Those agencies having oversight of the operation of the District, including but not limited to the following:
a. United States Environmental Protection Agency (EPA); b. California Environmental Protection Agency (Cal-EPA); c. California State Water Resources Control Board (SWRCB); d. California Regional Water Quality Control Board, Santa Ana Region (CRWQCB,SAR);
e. California Regional Water Quality Control Board, San Diego Region (CRWQCB,SDR);
f. California Department of Public Health (CDPH)
g. Division of Drinking Water (DDW)
h. Riverside County Department of Environmental Health
69. RV Holding Tank - A RV tank designed to hold Domestic Wastewater.
70. Sample Aliquot – A portion of a total amount of a solution or media used for analytical testing.
71. Sanitary Wastewater - Domestic Wastewater from other than a dwelling unit.
72. Self Monitoring - Wastewater sampling performed by a User or User’s contracted laboratory, consultant, engineer, or similar entity.
73. Septic Tank - A watertight receptacle which receives the discharge from a sewer system and is designed and constructed to retain solids, digest organic matter through a period of detention, and allows the liquids to discharge for disposal.
74. Sewer Lateral - POTW owned piping and appurtenances extending from the sewer pipeline to the private sewer system at the boundary line of the User’s property or POTW's easement.
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14 75. Significant Industrial User (SIU):
a. A User subject to Categorical Pretreatment Standards; or; b. A User that:
1.) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW
(excluding sanitary, non-contact cooling, and boiler
blowdown wastewater);
2.) Contributes a process wastewater which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the RWRF; or
3.) Is designated as such by the District on the basis that it has a reasonable potential for adversely affecting the
RWRF’s operation or for violating any Pretreatment
Standard or Pretreatment Requirement (in accordance with 40 CFR 403.8(f)(6)).
c. Upon a finding that a User meeting the criteria in subsection b.3. has no reasonable potential for adversely affecting the RWRFs operation or for violating any Pretreatment Standard or Pretreatment Requirement, the District may at any time, on its own initiative or in response to a petition received from a User, and in accordance with procedures in 40 CFR 403.8, determine that such User should not be considered a Significant Industrial User.
76. Significant Non-Compliance (SNC) - Any pattern of compliance violations by SIU which meet one or more of the following criteria:
a. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a six-month (6) period exceed (by any magnitude) a numeric Pretreatment Standard or Pretreatment Requirement, including instantaneous limits, as defined by 40 CFR 403.3;
b. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the
measurements taken for the same pollutant parameter during a six-month (6) period equal or exceed the product of the numeric Pretreatment Standard or Pretreatment Requirement, including instantaneous limits, as defined by 40 CFR 403.3, multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
c. Any other violation of a Pretreatment Standard or Pretreatment Requirement as defined by 40 CFR 403.3 (daily maximum, longPage 218 of 261
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15 term average, instantaneous limit, or narrative Standard) that the General Manager, or his designee, determines has caused, alone or in combination with other discharges, Interference or Pass Through (including endangering the health of District personnel or the general public);
d. Any discharge of a Pollutant that has caused imminent endangerment to human health or welfare or to 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, by ninety (90) days or more after the schedule date, a Milestone contained in a local Control Mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance;
f. Failure to provide, within forty-five (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;
g. Failure to accurately report non-compliance;
h. Any other Violation or group of Violations, which may include violation of BMPs, which the General Manager determines will adversely affect the operation or implementation of the local Pretreatment program.
77. Single Pass Cooling Water - Water that is used solely for the purpose of cooling and is used only once before being discharged.
78. Slug - Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way contribute to the POTW violating any requirements.
79. Source Control Manager – The Person duly designated by the General Manager to develop and implement the District's Source Control Program and performs the duties as specified in this Ordinance and the Enforcement Response Plan for this Ordinance.
80. Special Agreement(s) - A short term revocable permission to discharge Wastewater to the POTW, subject to Ordinance 59 and policies and standards established by the Source Control Division.
81. Spill Containment - A protection system installed by the User to prohibit the accidental discharge of Pollutants to the sewer.
82. Standard Industrial Classification (SIC) - The system of classifying industries issued by the U.S. Office of Management and Budget.
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16 83. Total Dissolved Solids (TDS) - The unfilterable residue of the combined content of all inorganic and organic substances contained in a liquid.
84. Total Inorganic Nitrogen (TIN) – The summation of inorganic nitrogen including ammonia nitrogen, nitrate nitrogen, and nitrite nitrogen.
85. Total Suspended Solids (TSS) - The total amount of residue retained by laboratory filtration and dried at 103-105º C.
86. Toxic Pollutants - Those Pollutants, or combinations of Pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the General Manager, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformations, in such organisms or their offspring.
87. User - Any Person who discharges or has a potential to discharge NonDomestic Wastewater directly or indirectly to a POTW.
88. Violation - Failure by a User to comply with this Ordinance or any Waste Discharge Permit, Waste Discharge Authorization, Special Agreement, and/or policies and standards established by the Source Control Division.
89. Waste(s) - Any discarded solid, semi-solid, liquid or gaseous material.
90. Waste Discharge Authorization (WDA) - The revocable permission to discharge Wastewater to the POTW, subject to this Ordinance and policies and standards established by the Source Control Division.
91. Waste Discharge Permit (WDP) - The periodically renewable, revocable permission to discharge Wastewater to the POTW, subject to technically based limits on wastewater constituents and characteristics.
92. Wastewater - Liquid and water-carried wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
2.2 OTHER MEANINGS
Words used in this Ordinance in the singular shall include the plural and the plural the singular. Use of masculine shall also mean feminine and use of feminine shall also mean masculine. Shall is mandatory; may is permissive or discretionary.
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17 ARTICLE 3
GENERAL SEWER USE REQUIREMENTS
3.1 PROHIBITED DISCHARGE STANDARDS
A. General Prohibitions
No User shall introduce or cause to be introduced into the POTW any Pollutant or Wastewater, which, alone or in conjunction with other substances, causes Interference or Pass Through. These general prohibitions apply to all Users whether or not they are subject to Categorical Pretreatment Standards or any other Federal, State or local Pretreatment Standards or Pretreatment Requirements.
B. Specific Prohibitions
No User shall introduce or cause to be introduced into the POTW the following Pollutants, substances or Wastewater:
1. Pollutants which create a fire or explosive hazard in the POTW including, but not limited to Wastewater with a closed-cup flashpoint of less than 140° F (60° C) using the test methods specified in 40 CFR 261.21;
2. Wastewater having a pH less than 5.0 or more than 11.0 or otherwise causing corrosive structural damage to the POTW;
3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in blockage or Interference, but in no case solids greater than 3/8 inches in any dimension; (e.g. construction debris, corn meal, dirt, sand, gravel, oil, grease, etc.)
4. Pollutants, including oxygen-demanding Pollutants (BOD, etc.), released in a discharge at a flow rate and/or Pollutant concentration which, either singly or by interaction with other Pollutants, will cause Interference with the POTW;
5. Wastewater having a temperature greater than 140° F (60° C), or which will inhibit biological activity in the RWRF resulting in Interference, but in no case Wastewater which causes the temperature at the introduction into the RWRF to exceed 104° F (40° C);
6. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
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18 8. Noxious or malodorous liquids, gases, solids, or other Wastewater which, either singly or by interaction with other wastes, are sufficient to create a Public Nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair;
9. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the RWRF’s effluent;
10. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;
11. Sludge’s, screening, or other residues from the Pretreatment of industrial wastes;
12. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;
13. Wastewater required to be manifested under RCRA.
14. Infectious agents as defined in the California Health and Safety Code.
C. Other Prohibitions
1. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, deionized water, Single Pass Cooling Water and Wastewater free of Pollutants, unless specifically authorized by the General Manager.
2. Pollutants, substances, or Wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
3. Trucked or hauled Pollutants except at discharge points designated by the General Manager; provided, however, RV wastes may be discharged to User-owned sewer facilities.
4. Any procedure, chemical addition, or physical modification that will result in bypass or pass-through of required pretreatment equipment.
5. No person shall discharge Hydrolysate, Wastes, or Wastewater resulting from Hydrolysis either directly or indirectly to the Sewerage System.
3.2 CATEGORICAL PRETREATMENT STANDARDS
A. The Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated.
B. Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a Pollutant in Wastewater, the General
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19 Manager, or his designee, may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6.
C. When Wastewater subject to a Categorical Pretreatment Standard is mixed with Wastewater not regulated by the same standard, the General Manager, or his designee, shall impose an alternate limit using the combined waste stream formula, and requirements in 40 CFR 403.6.
D. A User may obtain a variance from a Categorical Pretreatment Standard if the User can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the Categorical Pretreatment Standard.
E. A User may obtain a net gross adjustment to a Categorical Pretreatment Standard in accordance with 40 CFR 403.15.
3.3 LOCAL LIMITS
A. No Permitted User shall discharge or cause to be introduced directly or indirectly into the District’s or contributing agency’s collection system, a quantity or quality of Wastewater which exceeds the Local Limits on discharges to the POTW established by the District. The Local Limits are set forth in Resolution No. 3003 as amended.
B. Local Limits apply at the point where the Wastewater is discharged to the POTW, except for BMPs, which are applied at the end of the process and any subsequent treatment. The General Manager, or his designee, may impose limitations based on concentrations of Pollutants in milligrams per liter (concentration) or as an amount of Pollutants in pounds per day (mass).
3.4 BEST MANAGEMENT PRACTICES
No User shall discharge wastewater to the POTW contrary to the BMPs established by the District.
3.5 POLICIES AND STANDARDS
No User shall discharge Wastewater to the POTW contrary to the policies and standards established by the District.
3.6 LIMITATIONS OF TOTAL DISSOLVED SOLIDS (TDS)
A. The General Manager, or his designee, may limit the total loading of TDS to preserve the beneficial use of recycled water or to comply with environmental or regulatory requirements issued to the District by:
1. Prohibiting Users from discharging the regeneration cycle from any waterconditioning appliance, including but not limited to water softeners or conditioners, to the POTW;
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20 2. Regulating the residential use of water softeners or water conditioners in accordance with California law, including California Health and Safety Code sections 116775-116795; and
3. Issuing permits, applying BMPs, or implementing policies and standards for any Wastewater discharges regulated by this Ordinance.
3.7 RIGHT OF REVISION
The District reserves the right to establish, by ordinance or in Waste Discharge Permits, Waste Discharge Authorizations, and Special Agreements, more stringent requirements on discharges to the POTW.
3.8 DILUTION
No User shall ever increase the use of process water or, in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or Pretreatment Requirement. The General Manager, or his designee, may impose mass limitations on the amount, in pounds per day, of pollutants discharged by Users who are using dilution to meet applicable Pretreatment Standards or Pretreatment Requirements, or in other cases when the imposition of mass limitations is appropriate.
3.9 CESSPOOL, SEPTIC TANK, HOLDING TANK AND, HAULED WASTES A. Hauled waste from Cesspools, Septic Tanks, portable toilets, and holding tanks (excluding RV's containing only domestic and/or sanitary wastes) will be accepted only at District-designated locations.
B. The General Manager, or his designee, may accept other hauled waste at District-designated locations.
C. No Liquid Waste Hauler discharging septic waste or sanitary waste shall discharge constituents in excess of the limits specified in the respective Waste Discharge Permit based on the limits for Liquid Waste Haulers discharging domestic waste as set forth in Resolution No. 3003 as amended.
3.10 ACCESS TO DISTRICT FACILITIES
No Person shall access, enter, break, damage, destroy, uncover, deface, tamper with, or discharge to any temporary or permanent structure, equipment, or appurtenance, which is part of the POTW without prior approval by the General Manager, or his designee.
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21 ARTICLE 4
WASTE DISCHARGE PERMIT AND PERMIT REPORTING REQUIREMENTS
4.1 GENERAL REQUIREMENTS
A. Wastewater Analysis
When requested by the General Manager, or his designee,, a User shall submit information on the nature and characteristics of its Wastewater and other associated and pertinent information within sixty (60) days of the request. The General Manager, or his designee, is authorized to require Users to update this information periodically.
B. Waste Discharge Permit Requirements
1. No Significant Industrial User shall discharge Wastewater into the POTW without first obtaining a Waste Discharge Permit.
2. A Significant Industrial User that has filed a timely application pursuant to Section 4.1.D of this Ordinance may continue to discharge for the time period specified therein.
3. The General Manager, or his designee, may require other Users to obtain a Waste Discharge Permit as necessary to carry out the purposes of this Ordinance.
4. Any violation of the terms and conditions of a Waste Discharge Permit shall be deemed a violation of this Ordinance and subject the User to the sanctions set out in Article 6 of this Ordinance. Obtaining a Waste Discharge Permit does not relieve the User of its obligation to comply with all Federal and State Pretreatment Standards or Pretreatment Requirements or with any other requirements of Federal, State and local law.
5. The District may determine that a User subject to Categorical Pretreatment Standards is a Non-Significant Categorical Industrial User (NSCIU) rather than a Significant Industrial User on a finding that the User never discharges more than 100 gpd of total Categorical Wastewater (excluding sanitary, non-contact cooling and boiler blow down, unless specifically included in the Pretreatment Standards) and the following conditions are met:
a. The User, prior to POTW finding, has consistently complied with all applicable Categorical Pretreatment Standards and
Pretreatment Requirements; and
b. The User annually submits the certification statement required in Section 4.3.J together with any additional information necessary to support the certification statement; and
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22 c. The User never discharges any untreated categorical concentrated Wastewater.
6. Upon a finding that a User meeting the criteria above has no reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standard or Pretreatment Requirement, the District may at any time, on its own initiative or in response to a petition received from a User, and in accordance with procedures in 40 CFR 403.8, determine that such User should not be considered a Significant Industrial User.
C. Issuing Waste Discharge Permits: New Connections
Users who propose to begin or restart a discharge to the POTW must apply for a Waste Discharge Permit at least sixty (60) days prior to any discharge.
D. Issuing Waste Discharge Permits: Existing Connections Any User required to obtain a Waste Discharge Permit due to requirements in this Ordinance who was discharging Wastewater into the POTW prior to the effective date of the requirements and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply for a Waste Discharge Permit in accordance with Section 4.1.E of this Ordinance, and shall not cause or allow discharges to the POTW to continue after one hundred twenty (120) days of the effective date of the Ordinance except in accordance with a Waste Discharge Permit issued by the General Manager, or his designee.
E. Waste Discharge Application Contents
1. All Users required to obtain a Waste Discharge Permit must submit a Waste Discharge Application. The General Manager, or his designee, may require any User to submit as a part of an application the following information:
a. All information required in Section 4.3.A.2 of this Ordinance; b. Physical, chemical, bacteriological, radiological analysis of Wastewater;
c. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW;
d. Number and type of employees, hours of operation, and proposed or actual hours of operation;
e. Each product produced by type, amount, process or processes, and rate of production;
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23 f. (1) Type and amount of raw materials processed (average and maximum per day); (2) quantity, disposition, and method of disposal of specific liquid, sludge, oil, solvent, or other material; g. (1) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (2) details of Wastewater; (3) details of Pretreatment Facilities and their operation and maintenance; (4) details of systems to prevent and control the losses of materials through spills to the POTW; h. (1) Time and duration of discharges; (2) detailed plumbing plans indicating all sources discharging to the on or off-site Sewer Lateral;
i. Any other information as may be deemed necessary by the General Manager, or his designee, to evaluate the Waste Discharge Application.
2. Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.
F. Signatories and Certification
All Waste Discharge Applications, BMRs, NSCIU Reports, and Categorical Standard Compliance Deadline Reports must be signed by an Authorized Representative of the User and contain the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
G. Waste Discharge Permit Decisions
The General Manager, or his designee, will evaluate the data furnished by the User and may require additional information. Within thirty (30) days of receipt of a complete Waste Discharge Application, the General Manager, or his designee, will determine whether or not to issue a Waste Discharge Permit. The General Manager, or his designee, may deny any application for a Waste Discharge Permit.
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24 4.2 WASTE DISCHARGE PERMIT ISSUANCE PROCESS
A. Waste Discharge Permit Duration
A Waste Discharge Permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the Waste Discharge Permit. A Waste Discharge Permit may be issued for a period less than five (5) years, at the discretion of the General Manager, or his designee. Each Waste Discharge Permit will indicate a specific date upon which it will expire.
B. Waste Discharge Permit Contents
1. Waste Discharge Permits shall contain:
a. A statement that indicates Waste Discharge Permit duration, which in no event shall exceed five (5) years;
b. A statement that the Waste Discharge Permit is non-transferable without prior notification to the District in accordance with Section
4.2.E of this Ordinance, and provisions for furnishing the new owner or operator with a copy of the existing Waste Discharge Permit;
c. Effluent limits, including BMPs, based on applicable general Pretreatment Standards in 40 CFR 403, Categorical Pretreatment Standards, Local Limits, and State and local law;
d. Self-monitoring, sampling, reporting, notification, record keeping requirements, an identification of the Pollutants to be monitored (including the process for seeking a waiver for a Pollutant neither present nor expected to be present in the discharge in accordance with 40 CFR 403.12, or a specified waived Pollutant in the case of an individual Waste Discharge Permit), sampling location, sampling frequency, and sample type, based on the applicable general Pretreatment Standards in 40 CFR 403, Categorical Pretreatment Standards, Local Limits, and State and local law; e. A statement of applicable civil and criminal penalties for Violations of Pretreatment Standards and Pretreatment Requirements, and any applicable Compliance Schedule. Such Compliance
Schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law;
f. Requirements to control slug discharges, if determined by the POTW to be necessary.
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25 2. Waste Discharge Permits may contain, but need not be limited to, the following conditions:
a. Limits on the average and/or maximum rate of discharge, time of discharge, and /or requirements for flow regulation and equalization;
b. Requirements for the installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of Pollutants into the POTW;
c. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental,
unanticipated, or routine discharges;
d. Development and implementation of waste minimization plans to reduce the amount of Pollutants discharged to the POTW; e. Requirements for installation and maintenance of inspection and monitoring facilities and equipment;
f. A statement that compliance with the Waste Discharge Permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the Waste Discharge Permit; and
g. Other conditions as deemed appropriate by the General Manager, or his designee, to ensure compliance with this Ordinance and Federal, State, and local laws, rules and regulations.
C. Waste Discharge Permit Appeals
1. Any Person, including the User, may petition the General Manager to reconsider the provisions of a Waste Discharge Permit within thirty (30) days of notice of its issuance.
a. In its petition, the appealing party shall indicate the Waste Discharge Permit provisions objected to, the reasons for objection, and the alternative provisions, if any, it seeks to place in the Waste Discharge Permit.
b. The requirement of compliance with the Waste Discharge Permit shall not be stayed pending the appeal.
2. Failure to submit timely a petition for reconsideration shall be deemed to be a waiver of the administrative appeal.
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26 3. If the General Manager fails to act within thirty (30) days of the filing of a petition for reconsideration, the petition for reconsideration shall be deemed denied.
4. Any person, including the User, may petition the Board of Directors to reconsider the decision of the General Manager, including denial by nonaction in Section 3 above.
5. If the Board of Directors fails to act within thirty (30) days of the filing of a petition for reconsideration, the petition for reconsideration shall be deemed denied. Decisions not to issue a Waste Discharge Permit, not to reconsider the provisions of a Waste Discharge Permit, or not to modify the provisions of a Waste Discharge Permit shall be considered final administrative actions for the purposes of judicial review.
6. Any party aggrieved by a final Waste Discharge Permit action may obtain review of the action by filing in court a petition for writ of mandate within ninety (90) days following the effective date of the action. If no aggrieved party petitions for writ of mandate within the time provided by this section, a final Waste Discharge Permit administrative action shall not be subject to review by any court or agency. The evidence before the court shall consist of the record before the General Manager, and any other relevant evidence, which in the judgment of the court, should be considered to effectuate and implement the policies of this Ordinance. Except as otherwise provided in this section, subdivisions (e) and (f) of Code of Civil Procedure section 1094.5 shall govern proceedings pursuant to this section.
D. Waste Discharge Permit Modification
1. The General Manager, or his designee, may modify a Waste Discharge Permit for good cause including, but not limited to, the following reasons:
a. To incorporate any new or revised Federal, State or local Pretreatment Standards or Pretreatment Requirements;
b. To address significant alterations or additions to the User's operation processes, or Wastewater volume or character since the time of Waste Discharge Permit issuance;
c. A change in the POTW that requires either a temporary or permanent reduction or elimination of the permitted discharge; d. Information indicating that the permitted discharge poses a threat to the POTW, POTW personnel, the receiving water, or the public; e. Violation of any terms or conditions of the Waste Discharge Permit;
f. Misrepresentation or failure to fully disclose all relevant facts in the Waste Discharge Application or in any required reporting;
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27 g. Revision of or a grant of variance from such Categorical Pretreatment Standards pursuant to 40 CFR 403.13;
h. Correction of typographical or other errors in the Waste Discharge Permit; or
i. To reflect a transfer of the facility ownership or operation to a new owner or operator.
E. Waste Discharge Permit Transfer
1. Waste Discharge Permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the General Manager and the General Manager, or his designee, approves the Waste Discharge Permit transfer. The notice to the General Manager must include a written certification by the new owner or operator which:
a. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; b. Identifies the specific date on which the transfer is to occur; c. Acknowledges full responsibility for complying with the existing Waste Discharge Permit; and
d. States that the new owner and/or operator has obtained a copy of the existing Waste Discharge Permit.
2. Failure to provide advance notice of a transfer renders the Waste Discharge Permit void as of the date of facility transfer.
F. Waste Discharge Permit Revocation
1. A Waste Discharge Permit may be revoked for good cause including, but not limited to the following reasons:
a. Failure to notify the General Manager of significant changes to the Wastewater prior to the changed discharge;
b. Failure to provide prior notification to the General Manager of changed conditions pursuant to Section 4.3.E of this Ordinance; c. Misrepresentation or failure to fully disclose all relevant facts in the Waste Discharge Application;
d. Falsifying self-monitoring reports;
e. Tampering with monitoring equipment;
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28 f. Refusing to allow the General Manager, or his designee, timely access to the facility premises and records;
g. Failure to meet effluent limitations;
h. Failure to pay penalties;
i. Failure to pay sewer charges;
j. Failure to meet Compliance Schedules;
k. Failure to complete a Wastewater survey or the Waste Discharge Application;
l. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
m. Violation of any Pretreatment Standard or Pretreatment Requirement, or any terms of the Waste Discharge Permit or this Ordinance.
2. Waste Discharge Permits shall be voidable upon cessation of operations.
3. A Waste Discharge Permit issued to a particular User is void when the new Waste Discharge Permit to that User becomes effective.
4. Waste Discharge Permit revocation is subject to appeal as set forth in Section 6.4.
G. Waste Discharge Permit Reissuance
A User with an expiring Waste Discharge Permit shall apply for Waste Discharge Permit re-issuance by submitting a complete Waste Discharge Application (or a statement signed by the Authorized Representative that there are no changes to the application previously submitted), in accordance with Section 4.1.E of this Ordinance, at least sixty (60) days prior to the expiration of the User’s existing Waste Discharge Permit.
4.3 REPORTING REQUIREMENTS
A. Baseline Monitoring Reports
1. Baseline Monitoring Requirements
Within the later of (1) one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard, or (2) the final administrative decision on a category determination under 40 CFR 403.6, existing Categorical Users currently discharging to or scheduled to discharge to the POTW shall submit to the District a report which contains the information listed in Section 4.3.A.2. At least ninety (90) days prior to commencement of their discharge, New
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29 Sources, and sources that become Categorical Users subsequent to the promulgation of an applicable Categorical Pretreatment Standard, shall submit to the District a report, which contains the information listed in Section 4.3.A.2. A New Source shall report the method of Pretreatment it intends to use to meet applicable Categorical Pretreatment Standards. A New Source shall also give estimates of its anticipated flow and quantity of Pollutants to be discharged.
2. Users described above shall submit the information set forth below. a. Identifying information - The name and address of the facility, including the name of the operator and owner.
b. Environmental Permits - A list of any environmental control permits held by or for the facility.
c. Description of Operations - A brief description of the nature, average rate of production, and SIC numbers or NAICS numbers of the operation(s) carried out by such User. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. d. Flow Measurement - Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6
e. Measurement of Pollutants
1. The user shall identify the Pretreatment Standards
applicable to each regulated process.
2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the
Categorical Pretreatment Standard or by the General
Manager, of the regulated Pollutants in the discharge from each regulated process. Instantaneous, daily maximum,
and long-term average concentrations, or mass, where
required, shall be reported. The sample shall be
representative of daily operations and shall be analyzed in accordance with procedures set out in Section 4.3.D of this Ordinance. In cases where the Standard requires
compliance with a Best Management Practice or pollution prevention alternative, the User shall submit
documentation as required by the Control Authority or the applicable Standards to determine compliance with the
Standard.
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30 3. The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
4. Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately
downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula of § 403.6(e) in order to
evaluate compliance with the Pretreatment Standards.
Where an alternate concentration or mass limit has been calculated in accordance with § 403.6(e) this adjusted limit along with supporting data shall be submitted to the
Control Authority.
5. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and
amendments thereto. Where 40 CFR part 136 does not
contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW
or other parties, approved by the Administrator.
6. The Control Authority may allow the submission of a
baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
7. The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal
work cycles and expected pollutant Discharges to the
POTW.
f. Certification - A statement, reviewed by the User’s Authorized Representative and certified by a qualified professional, indicating whether Categorical Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional Pretreatment is required to meet the Pretreatment Standards and Pretreatment
Requirements.
g. Compliance Schedule - If additional Pretreatment and/or O&M will be required to meet the Pretreatment Standards, the Compliance Schedule is the shortest schedule by which the User will provide
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31 such additional Pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A Compliance Schedule pursuant to this section must meet the requirements set out in Section 4.3.B of this Ordinance. h. Signature and Certification - All Baseline Monitoring Reports must be signed and certified in accordance with Section 4.1.F of this Ordinance.
B. Compliance Schedule Progress Reports
The following conditions shall apply to the Compliance Schedule required by Section 4.3.A.2.g of this Ordinance:
1. The Compliance Schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional Pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
2. No increment referred to above shall exceed nine (9) months;
3. The User shall submit a progress report to the General Manager no later than fourteen (14) days following each date in the Compliance Schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established Compliance Schedule; and in no event shall more than nine (9) months elapse between such progress reports to the General Manager.
C. Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable Categorical Pretreatment Standards, or in case of a New Source following commencement of the introduction of Wastewater into the POTW, any User subject to such Pretreatment Standards and Pretreatment Requirements shall submit to the General Manager a report containing the information described in Section 4.3.A.2 of this Ordinance. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6, this report shall contain a reasonable measure of the User’s long-term production rate. For all other Users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 4.1.F of this Ordinance.
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32 D. Periodic Compliance Reports
1. If a Permitted User monitors any Pollutant using the procedures prescribed in Sections B and C of this Section, the results of this monitoring shall, at a frequency determined by the General Manager, or his designee, but in no case less than every six-months (6), be reported.
The report shall indicate the nature and concentration of Pollutants in the discharge, which are limited, by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. All such reports must be signed and certified in accordance with Section 4.1.F of this Ordinance.
2. All Pollutant analyses, including sampling techniques, to be submitted as part of a Waste Discharge Application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable Categorical Pretreatment Standard.
If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, an analysis must be performed in accordance with procedures approved by the US EPA.
3. Users must show compliance with Federal, State, and local regulations using appropriate sampling methods, in which data coming from the collection methods are representative of conditions occurring during the reporting period. The User is required to monitor at a frequency allowing for assessment and assurance of full compliance with applicable Pretreatment Standards and Pretreatment Requirements. Twenty-four (24) hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the General Manager, or his designee. Where time-proportional composite sampling or grab sampling is authorized by the General Manger, or his designee, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease the samples may be composites in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the General Manager, or his designee.
E. Reports of Changed Conditions
1. SIUs are required to notify the POTW immediately for any unplanned changes at its facility affecting the potential for a Slug Discharge, or 30 days in advance of any planned changes at its facility affecting the potential for a Slug Discharge.
2. The General Manager, or his designee, may require the User to submit such information as may be deemed necessary to evaluate the changed
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33 condition, including the submission of a Waste Discharge Application under Section 4.1.E of this Ordinance.
3. The General Manager, or his designee, may issue a Waste Discharge Permit under Section 4.2.B of this Ordinance or modify an existing Waste Discharge Permit under Section 4.2.D of this Ordinance in response to changed conditions or anticipated changed conditions.
4. For purposes of this section, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported Pollutants.
F. Reports of Potential Problems
1. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a noncustomary batch discharge, or a Slug, that may cause potential problems for the POTW, the User shall immediately notify the District of the incident. This notification shall include the location of the discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the User.
2. Within five (5) days following such discharge, the User shall, unless waived by the General Manger, or his designee, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability, which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any penalties, or other liabilities, which may be imposed pursuant to this Ordinance.
G. Reports from Unpermitted Users
All Users not required to obtain a Waste Discharge Permit shall upon request from the District provide reports containing any information deemed appropriate by the District to insure the compliance of this Ordinance.
H. Maintenance Plan
Any User with an Interceptor discharging to the sewer shall complete an approved maintenance plan, which includes but is not limited to:
1. Procedures to adequately maintain the Interceptor using a licensed and permitted waste hauler.
2. Determination of User staff responsible for maintenance of the Interceptor.
3. Procedures for spill response.
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34 I. Reports of Sampling Violations/Repeat Sampling
If sampling performed by a User indicates a Violation, the User shall notify the General Manager within twenty-four (24) hours of becoming aware of the Violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the General Manager within thirty (30) days after becoming aware of the Violation. The User is not required to resample if the District monitors at the User’s facility at least once a month, or if the District samples between the User’s initial sampling and when the User receives the results of this sampling.
J. Certification for Non-Significant Categorical Industrial Users A facility determined to be a Non-Significant Categorical Industrial User by POTW must submit the following certification statement signed and certified in accordance with the signatory requirements in Section 4.1.F as required by 40 CFR 403;
“Based on my inquiry of the person or persons directly responsible for managing compliance with the Categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from __________, ________ to ________, ________ [months, days, year]:
1. The facility described as ___________________________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section
2.1.C.46
2. The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
3. The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this
reporting period.
This compliance certification is based on the following information:
“__________________________________________________________ __________________________________________________________"
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35 K. Timing
Written reports will be deemed to have been submitted on the date postmarked.
For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
L. Record Keeping
Users subject to the reporting requirements of this Ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. 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 litigation concerning the User or the District, or where the User has been specifically notified of a longer retention period by the General Manager.
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36 ARTICLE 5
WASTE DISCHARGE AUTHORIZATIONS and SPECIAL AGREEMENTS
5.1 GENERAL REQUIREMENTS
A. Wastewater Information
When requested by the General Manager, or his designee, a User shall submit information on the nature and characteristics of its Wastewater and other associated and pertinent information within sixty (60) days of the request. The General Manager, or his designee, is authorized to require Users to update this information periodically.
B. Authorization/Special Agreement Requirement
1. No User shall discharge Wastewater into the POTW without first obtaining a determination of need for an Authorization and/or Special Agreement except that a User that has filed a timely application pursuant to Section
5.1.C of this Ordinance may continue to discharge for the time period specified therein.
2. Any violation of the terms and conditions of an Authorization/Special Agreement shall be deemed a Violation of this Ordinance and subject the User to the sanctions set out in Article 6 of this Ordinance. Obtaining an Authorization and/or Special Agreement does not relieve the User of its obligation to comply with all Federal and State Pretreatment Standards or Pretreatment Requirements or with any other requirements of Federal, State, and local law.
C. Issuing Authorizations/Special Agreement: New Connections Users who propose to begin or restart a discharge to the POTW must apply for an Authorization and/or Special Agreement at least sixty (60) days prior to any discharge.
D. Issuing Authorizations/Special Agreements: Existing Connections that must meet New Requirements
Any User required to obtain an Authorization and/or Special Agreement due to requirements in this Ordinance who was discharging Wastewater into the POTW prior to the effective date of the requirements and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply for an Authorization and/or Special Agreement in accordance with Section 5.1.E of this Ordinance, and shall not cause or allow discharges to the POTW to continue after one hundred twenty (120) days of the effective date of this Ordinance except in accordance with an Authorization and/or Special Agreement issued by the General Manager, or his designee.
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37 E. Waste Discharge Application Contents
1. All Users required to obtain an Authorization and/or Special Agreement shall submit a Waste Discharge Application. The General Manager, or his designee, may require all Users to submit as part of an application the following information:
a. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW;
b. Number and type of employees, hours of operation, and proposed or actual hours of operation;
c. Each product produced by type, amount, process or processes, and rate of production;
d. Type and amount of raw materials processed (average and maximum per day); quantity, disposition, and method of disposal of specific liquid, sludge, oil, solvent, or other material; e. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; details of Pretreatment Facilities and their operation and maintenance; details of systems to prevent and control the losses of materials through spills to the POTW;
f. Time and duration of discharges; detailed plumbing plans indicating all sources discharging to the on-site or off-site Sewer Lateral;
g. Any other information as may be deemed necessary by the General Manager, or his designee, to evaluate the Waste Discharge Application.
2. Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.
F. Signatories and Certification
All Waste Discharge Applications and Reports must be signed by an Authorized Representative of the User and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information
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38 submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
G. Authorization/Special Agreement Decisions
The General Manager, or his designee, will evaluate the data furnished by the User and may require additional information. Within thirty (30) days of receipt of a complete Waste Discharge Application, the General Manager will determine whether or not to issue an Authorization and/or Special Agreement. The General Manager may deny any application for an Authorization and/or Special Agreement.
5.2 AUTHORIZATION/SPECIAL AGREEMENT ISSUANCE PROCESS
A. Authorization/Special Agreement Duration
1. A Waste Discharge Authorization shall be issued for an indefinite time period, subject to review and reconsideration at the discretion of the General Manager.
2. A Special Agreement shall be issued for a specified time period, set forth in the terms of the Special Agreement.
B. Authorization/Special Agreement Contents
1. Waste Discharge Authorizations/Special Agreements shall include such conditions as are deemed reasonably necessary by the General Manager, or his designee, to prevent Pass Through or Interference or damage to the POTW, protect the quality of the water body receiving the POTW’s effluent, protect public and worker health and safety, facilitate sludge management and disposal as required in 40 CFR 403.8, and protect against damage to the POTW.
Waste Discharge Authorizations/Special Agreements may contain:
a. Notification and record-keeping requirements;
b. Requirements for the development and implementation of plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;
c. Requirements for the development and implementation of waste minimization plans to reduce the amount of Pollutants discharged to the POTW;
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39 d. A statement that compliance with the Waste Discharge Authorization/Special Agreement does not relieve the User of responsibility for compliance with all applicable Federal and State Pretreatment Standards.
e. Other conditions as deemed appropriate by the General Manager, or his designee, to ensure compliance with this Ordinance, and State and Federal laws, rules, and regulations;
C. Waste Discharge Authorization/Special Agreement Appeals
1. Any Person, including the User, may petition the General Manager to reconsider the provisions of a Waste Discharge Authorization/Special Agreement within thirty (30) days of notice of its issuance. a. In its petition, the appealing party shall indicate the Waste Discharge Authorization/Special Agreement provisions objected to, the reasons for objection, and the alternative provisions, if any, it seeks to place in the Waste Discharge Authorization/Special Agreement.
b. The requirement of compliance with the Waste Discharge Authorization/Special Agreement shall not be stayed pending the appeal.
2. Failure to submit timely a petition for reconsideration shall be deemed to be a waiver of the administrative appeal.
3. If the General Manager fails to act within thirty (30) days of the filing of a petition for reconsideration, the petition for reconsideration shall be deemed denied.
4. Any person, including the User, may petition the Board of Directors to reconsider the decision of the General Manager, including denial under Section 3 above.
5. If the Board of Directors fails to act within thirty (30) days of the filing of a petition for reconsideration, the petition for reconsideration shall be deemed denied. Decisions not to issue a Waste Discharge Authorization/Special Agreements, not to reconsider the provisions of a Waste Discharge Authorization/Special Agreements, or not to modify the provisions of a Waste Discharge Authorization/Special Agreements shall be considered final administrative actions for the purposes of judicial review.
6. Any party aggrieved by a final Waste Discharge Authorization/Special Agreement administrative action may obtain review of the action in the superior court by filing in the court a petition for writ of mandate within ninety (90) days following the effective date of the action. If no aggrieved party petitions for writ of mandate within the time provided by this section,
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40 a final Waste Discharge Authorization/Special Agreement administrative action shall not be subject to review by any court or agency. The evidence before the court shall consist of the record before the General Manager, and any other relevant evidence which, in the judgment of the court, should be considered to effectuate and implement the policies of this Ordinance. Except as otherwise provided in this section, subdivisions (e) and (f) of Code of Civil Procedure section 1094.5 shall govern proceedings pursuant to this section.
D. Waste Discharge Authorization/Special Agreement Revocation
1. A Waste Discharge Authorization/Special Agreement may be revoked for good cause including, but not limited to the following reasons:
a. Failure to notify the General Manager of significant changes to the Wastewater prior to the changed discharge;
b. Misrepresentation or failure to fully disclose all relevant facts in the Waste Discharge Application;
c. Refusing to allow the General Manager, or his designee, timely access to the facility premises and records;
d. Failure to pay penalties;
e. Failure to pay sewer charges;
f. Failure to comply with EMWD's policies and standards. g. Violation of any terms of the Waste Discharge
Authorization/Special Agreement or this Ordinance.
2. Waste Discharge Authorizations and Special Agreements shall be voidable upon cessation of operations.
3. A determination may be made to issue a Waste Discharge Permit in the event the Waste Discharge Authorization or Special Agreement is revoked for good cause, including but not limited to all of the above.
4. A Waste Discharge Authorization or Special Agreement is void when a new Waste Discharge Permit, Waste Discharge Authorization, or Special Agreement to that User becomes effective.
5. Waste Discharge Authorization or Special Agreement revocation is subject to appeal as set forth in Section 6.4.
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41 5.3 REPORTING REQUIREMENTS
A. Plan Requirements
1. Any User with an Interceptor discharging to the sewer shall have on file an approved maintenance plan which includes but is not limited to:
a. Procedures to adequately maintain the Gravity Interceptor using a licensed and permitted waste hauler;
b. Determination of User staff responsible for maintenance of the Gravity Interceptor;
c. Procedures for spill response.
2. Users with potential impact to the POTW shall have on file an approved management plan.
B. Timing
Written reports will be deemed to have been submitted on the date postmarked.
For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
C. Record Keeping
Users subject to the reporting requirements of this Ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. 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 litigation concerning the User or the District, or where the User has been specifically notified of a longer retention period by the General Manager or his designee.
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42 ARTICLE 6
ENFORCEMENT
6.1 ENFORCEMENT ACTIONS
Notice of Violations shall be issued by the Source Control Manager or his designee. All other enforcement actions shall be issued by the Source Control Manager or management at a higher level (e.g., Environmental and Regulatory Compliance Department Director). The District, at its discretion, may utilize any one, combination of, or all enforcement remedies provided in Article 6 in response to any Violation.
A. Notice of Violation
When a User has violated, or continues to violate, any provision of this Ordinance, any Waste Discharge Permit, any Waste Discharge Authorization, or Special Agreement, any order issued under this Ordinance, or any other Pretreatment Standard or Pretreatment Requirement, the Source Control Manager or his designee may issue a written Notice of Violation.
B. Administrative Orders
1. CONSENT ORDERS
The Source Control Manager may enter into Consent Orders, assurances of compliance, or other documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action(s) to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as Compliance Orders and shall be judicially enforceable.
2. COMPLIANCE ORDERS
When the Source Control Manager finds that a User has violated, or continues to violate, any provision of this Ordinance, any Waste Discharge Permit, any Waste Discharge Authorization or Special Agreement, any order issued under this Ordinance, or any other Pretreatment Standard or Pretreatment Requirement, the Source Control Manager may issue a Compliance Order to the User responsible for the discharge directing that the User come into compliance within a specified time. A Compliance Order shall include specific action(s) to be taken by the User to correct the noncompliance within a time period specified by the Compliance Order. A Compliance Order shall be judicially enforceable. If the User does not come into compliance within the time provided, sewer service may be discontinued unless required Pretreatment Facilities, devices, or other related appurtenances are installed and properly operated. A Compliance Order also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the
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43 amount of Pollutants discharged to the sewer. A Compliance Order may not extend the deadline for compliance established for a Pretreatment Standard or Pretreatment Requirement, nor does a Compliance Order relieve the User of liability for any Violation, including any continuing Violation.
3. SHOW CAUSE ORDERS
The Source Control Manager may issue a Show Cause Order directing a User which has violated, or continues to violate, any provision of this Ordinance, any Waste Discharge Permit, any Waste Discharge Authorization or Special Agreement, any order issued under this Ordinance, or any other Pretreatment Standard or Pretreatment Requirement to appear before the General Manager or his designee and show cause why the proposed enforcement action(s) should not be taken.
Notice shall be served on the User specifying the time and place for the hearing, the proposed enforcement action(s), the reasons for the action(s) and an order that the User show cause why the proposed enforcement should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. Such notice may be served on any Authorized Representative of the User.
C. Emergency Suspensions
The Source Control Manager may suspend immediately a User’s discharge, without prior notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present an imminent or substantial danger to the health or welfare of Persons or to the environment, or which reasonably appears to present an imminent or substantial interference with the POTW, or which reasonably may cause the District to violate any condition of its NPDES permit.
Any User notified of an emergency suspension of its discharge shall immediately stop or eliminate its discharge. In the event of a User’s failure to immediately comply voluntarily with the emergency suspension order, the Source Control Manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its collection system, or endangerment to any Persons or to the environment.
The Source Control Manager may allow the User to recommence its discharge when the User has demonstrated that the period of endangerment has passed, unless the termination proceedings in Sections 6.1.E or Section 6.1.F of this Ordinance are initiated against the User.
Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section.
D. Permit/Authorization/Special Agreement Termination
When the Source Control Manager finds that a User has violated, or continues to violate, any provision of this Ordinance, any Waste Discharge Permit, any Waste
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44 Discharge Authorization or Special Agreement, any order issued under this Ordinance, or any other Pretreatment Standard or Pretreatment Requirement, the Source Control Manager may terminate the Waste Discharge Permit, Waste Discharge Authorization, or Special Agreement of said User.
E. Termination of Wastewater Service
In addition to the provisions for Emergency Suspensions, the Source Control Manager may order any User who has violated, or continues to violate, any provision of this Ordinance, any Waste Discharge Permit, any Waste Discharge Authorization or Special Agreement, any order issued under this Ordinance, or any other Pretreatment Standard or Pretreatment Requirement to cease immediately discharge of wastewater to the POTW, and may suspend Wastewater disposal and treatment service for such User in order to stop an actual or threatened discharge which presents or may present an imminent or substantial danger to the health or welfare of Persons or to the environment, or which presents or may present an imminent or substantial interference with the POTW, or which causes or may cause the District to violate any condition of its NPDES permit, or if the User has failed to obtain a valid Waste Discharge Permit.
If the User fails to comply voluntarily with the termination order, the District will take such steps as deemed necessary, including immediate severance of the Sewer Lateral connection, to give effect to the termination order. All costs for terminating service shall be paid by the User. All costs for reestablishing service shall be paid by the User.
Such User shall be notified of the proposed termination of its discharge service and offered an opportunity to show cause under Section 6.1.B.3 of this Ordinance why the proposed action(s) should not be taken.
F. Termination of Water Service
When a User has violated, or continues to violate, any provision of this Ordinance, any Waste Discharge Permit, any Waste Discharge Authorization or Special Agreement, any order issued under this Ordinance, or any other Pretreatment Standard or Pretreatment Requirement, water service to the User may be terminated. Water service shall only recommence after the User has demonstrated satisfactorily its ability to comply. All costs for terminating water service shall be paid by the User. All costs for reestablishing water service shall be paid by the User.
Such User shall be notified of the proposed termination of its water service and offered an opportunity to show cause under Section 6.1.B.3 of this Ordinance why the proposed action(s) should not be taken.
G. Administrative Penalties
When the Source Control Manager finds that a User has violated, or continues to violate, any provision of this Ordinance, any Waste Discharge Permit, any Waste Discharge Authorization or Special Agreement, any order issued under this Ordinance, or any other Pretreatment Standard or Pretreatment Requirement, the Source Control Manager may impose an administrative penalty on such
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Eastern Municipal Water District June 15, 2022
Ordinance 59.7
45 User, as provided in Section 54740.5 of the Government Code, in an amount determined in accordance with Resolution 2963 as amended. Administrative penalties shall be assessed on a per-Violation, per-day basis. In the case of monthly or other long-term average discharge limits, administrative penalties shall be assessed for each day during the period of Violation. Unpaid charges and administrative penalties shall, after 30 calendar days, be assessed an additional penalty in accordance with Resolution 2963 as amended, and interest shall accrue thereafter in accordance with Resolution 1643 as amended. A lien against the User’s property may be sought by the District for unpaid charges and administrative penalties.
H. Injunctive Relief
When the Source Control Manager finds that a User has violated, or continues to violate, any provision of this Ordinance, any Waste Discharge Permit, any Waste Discharge Authorization or Special Agreement, any order issued under this Ordinance, or any other Pretreatment Standard or Requirement, the District may petition the Superior Court of the County of Riverside for the issuance of a temporary restraining order, preliminary injunction, and/or permanent injunction, as appropriate, to enjoin or compel the specific performance of the activities of the User causing such violation. The District may also seek such other action as appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation.
I. Civil Liability
The Source Control Manager may utilize the procedures and seek civil penalties, payment of excess costs, and imposition of a lien upon User’s real property, as provided in Sections 54739, 54740, 54740.5, and 54740.6 of the Government Code, as may be amended from time to time, for violations of any provision of this Ordinance, any Waste Discharge Permit, any Waste Discharge Authorization or Special Agreement, any order issued under this Ordinance, or any other Pretreatment Standard or Pretreatment Requirement.
J. Criminal Penalties and Prosecution
District Legal Counsel may submit a request to the Local, State, or Federal Attorney for filing a criminal case against the user.
6.2 PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE
In accordance with 40 CFR 403.8, the District shall at least annually cause to be published the names of all Users which, at any time during the previous twelve (12) months, were in Significant Non-Compliance. Publication shall be made in a newspaper of general circulation that provides meaningful public notice in the District's service area.
6.3 REMEDIES NON-EXCLUSIVE
The enforcement remedies for this Ordinance are nonexclusive. The Source Control Manager may take any, all, or any combination of these remedies against a noncompliant User. The Source Control Manager may take more than one (1)
18.A
Eastern Municipal Water District June 15, 2022
Ordinance 59.7
46 enforcement action against any noncompliant User, and no enforcement action shall be deemed a prohibition or a prerequisite for taking any other enforcement action(s) against the User. Enforcement of violations will generally be in accordance with the District's Enforcement Response Plan, however, the Source Control Manager may take alternative actions against a User when the circumstances warrant.
6.4 APPEALS
A. Either the District or any User affected by and dissatisfied with any decision, order, or enforcement action made by the Source Control Manager or a Hearing Officer interpreting or implementing the provisions of this Ordinance or any Waste Discharge Permit, Waste Discharge Authorization, or Special Agreement may file with the Source Control Manager or Hearing Officer a written appeal requesting reconsideration of such decision, order, or enforcement action within thirty (30) calendar days from the receipt of the notice of such decision, order, or enforcement action. The party requesting reconsideration shall state in detail the facts supporting the request for reconsideration. The Source Control Manager or Hearing Officer shall render a ruling on the request for reconsideration, in writing, within ten (10) calendar days from receipt of the request. Submission of such a request for reconsideration in no way relieves the User of liability for any Violations occurring before or after receipt of the decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance.
B. If the ruling on the request for reconsideration made by the Source Control Manager or Hearing Officer is unsatisfactory to the District or to the User, either party may, within thirty (30) calendar days after receipt of notice of the Source Control Manager's or Hearing Officer's ruling, file a written appeal with the General Manager. The written appeal shall be heard by the General Manager within thirty (30) calendar days from the date of filing. The General Manager shall make a ruling on the appeal within thirty (30) calendar days from the date of the hearing.
C. If the ruling on the appeal made by the General Manager is unsatisfactory to the District or to the User, either party may, within thirty (30) calendar days after receipt of notice of the General Manager's ruling, file a written appeal with the District's Board, lodging such appeal with the Secretary of the Board. The written appeal shall be heard by the Board within thirty (30) calendar days from the date of filing. The Board shall make a ruling on the appeal within thirty (30) calendar days from the date of the hearing, and shall give notice to the User that the time within which judicial review must be sought is governed by Code of Civil Procedure section 1094.6.
D. The Board's final ruling shall be deemed a final decision, order, or enforcement action by the District which any Person adversely affected by such decision, order, or enforcement action may appeal to the appropriate court in the County of Riverside. No Person may obtain judicial review of any decision, order, or enforcement action by the District under this Ordinance without first having exhausted all administrative remedies set forth in this Section.
18.A
Eastern Municipal Water District June 15, 2022
Ordinance 59.7
47 ARTICLE 7
SEVERABILITY
7.1 SEVERABILITY
If any provision of this Ordinance or the application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of such provision to other persons or other circumstances shall not be affected.
18.A
Eastern Municipal Water District June 15, 2022
Ordinance 59.7
48 ARTICLE 8
REPEAL
8.1 REPEAL
The Ordinance No. 59.6 is hereby repealed on the effective date hereof and all Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with the provisions of this Ordinance.
18.A
Eastern Municipal Water District June 15, 2022
Ordinance 59.7
49 ARTICLE 9
EFFECTIVE DATE
9.1 EFFECTIVE DATE
The effective date of this Ordinance shall be June 15, 2022.
18.A
18.A
18.A
18.A
CITY OF HEMET 2024 SEWER SYSTEM MANAGEMENT PLAN UPDATE
APPENDIX J
EMWD's Grease
Interceptor Sizing,
Maintenance Plans &
Hauler Information
18.A
18.A
SOURCE CONTROL DIVISION
PRETREATMENT EQUIPMENT MAINTENANCE & HAZARDOUS WASTE PLAN
GREASE INTERCEPTOR - SAND/OIL CLARIFIER
Section A: Required for Grease Interceptor or Sand/Oil Clarifier Business Name:
Site Address:
Person Completing Outline:
Location of interceptor or clarifier:
Sketch of building and interceptor or clarifier location:
Company providing pumping service or servicing hazardous waste:
Frequency of pumping or hazardous waste pick up - circle one:
Monthly Bi-Monthly Quarterly Semi-Annually Annually
*All pumping and/or hauling records must be kept on site to be viewed at the discretion of EMWD inspectors.
Section B: Required for Grease Interceptor ONLY
List Company that supplies any grease rendering receptacle (bin or drum):
Section B: Required for Sand/Oil Clarifier ONLY
List all employee training programs concerning hazardous chemicals/wastes:
18.A
Describe storage procedures for all hazardous materials/wastes (separation of non-compatible chemicals, etc.):
Describe secondary containment and spill prevention practices (include how materials/wastes generated in an accidental spill will be disposed of):
1. Grease interceptors must be serviced immediately when any of the following conditions occur:
a. Floating grease and oil in final chamber reaches 12” depth b. Sediment in the final chamber reaches 10” in depth
c. Any condition exists in the interceptor that causes interference to the collection system or Regional Wastewater Reclamation Facility
*The use of additives to emulsify grease is not allowed, as it may cause the interceptor to violate EMWD’s grease discharge limits.
2. If Sanitary Sewer Overflow occurs, in accordance with California Health and Safety Code, Section 5411.5 and California Water Code, Section 13271, you must report the SSO to:
a. State Office of Emergency Services 800-852-7550 or 916-845-8911 b. Santa Ana Regional Water Quality Control Board 951-782-4130 c. San Diego Regional Water Quality Control Board 619-516-1990 (Temecula area only)
d. Riverside Department of Environmental Health 888-722-4234 or 951-782-2968
3. In the case of an emergency caused by a slug discharge, or a blockage or overflow, certain actions must take place immediately:
a. Immediately stop all flow to the sewer
b. Remedy condition by notifying plumber, pumper, and/or equipment Maintenance Company to clear blockage and clean up the spill
c. Notify EMWD at (951) 928-3777 ext. 6265, and notify EMWD staff of date, time, duration, and quantity of spill
d. Within five (5) working days, provide written notification to EMWD listing events causing the slug discharge, and what clean up procedures were utilized For EMWD use only:
Inspector
Date Interceptor or clarifier size, if known
18.A
Grease Interceptor Pumping & Restaurant Fry Oil Recycling Companies This list is furnished as a service to our customers. Eastern Municipal Water District does not endorse any of the listed companies, nor does this list contain all companies that perform these services. Please look online for more pumping service companies.
Baker Commodities
4020 Bandini Blvd
Vernon, California – 90058
Toll Free: (800) 427.0696
Phone: (323) 268-2801
Fax (323) 268-0598
Dar Pro
2626 E. 25th St
Los Angeles, CA, 90058
Toll Free: (800) 4GR-EASE
Phone: (323) 583-6311
Fax: (323) 583-8613
Imperial Western
Biotane Pumping Division
86-600 Ave. 54
Coachella, CA 92236
Phone: (760) 398-0815
Fax (760) 398-3476
24 hr (877) 424-6826
J.C.’S Grease Buyers
P.O. Box 3399
Riverside, CA 92519
Phone: (951) 736-1198
(951) 781-4557
JN Grease Service
25685 Sherman Rd.
Menifee, CA 92585
Phone: (951) 343-1221
Fax: (951) 352-1503
24 Hr. (909) 772-5243
SMC Grease
P.O. Box 1343
Corona, CA 92878
Phone: (951) 788-6042
Fax (951) 788-6044
Rotoco Inc.
7960 North State Street
Hemet, Ca. 92543
Phone (951) 658-8541
Wright Septic
511 N. Dillon
San Jacinto, CA 92583
Phone: (951) 654-4840
Fax: (951) 654-3575
18.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 24 2024
Department: Administration
Submitted by: Noah Rau, Acting City Manager
John Maier, City Clerk;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference and Expo on October 16-18, 2024
RECOMMENDED ACTION:
It respectfully recommended that the City Council:
Consider designations for Voting Delegate and Alternate(s) for the League of California Cities Annual Conference and Expo on October 16-18, 2024.
BACKGROUND:
In order to conduct business at the Annual League Conference, the Hemet City Council must designate one voting representative and up to two alternates. The voting delegate and alternates must be registered to attend the conference; however, they do not need to register for the entire conference; they may register for the Friday only. Conference registration is due by September 25, 2024.
The conference will be held October 16-18, 2024 at the Long Beach Convention Center in Long Beach, California.
PREVIOUS COUNCIL ACTION:
The City Council has previously selected voting delegates: Council Member Krupa and Council Member Lilienthal.
STRATEGIC PLAN INTEGRATION:
N/A
FISCAL IMPACT:
18.B
The FY2024-25 Adopted Budget includes $5,500 for 2-3 people to attend this conference.
Estimated costs per person for full attendance:
Registration $700
Hotel ( 3 nights @ $300/night) $900
Meals $200
Travel (mileage reimbursement) $100
Incidentals $100
Total $2,000
Registration for one day only is $350.
ATTACHMENT(S):
Attachment 1: 2024-Voting-Delegate-Information-Packet
18.B
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
18.B
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly
18.B
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
18.B
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
18.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 24 2024
Department: Administration
Submitted by: Noah Rau, Acting City Manager
Kristian Ticas, Community Solutions Coordinator;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
Adopt a Resolution of the City Council of the City of Hemet, California, Waiving the City of Hemet Permitting Fees and Sponsoring a Portion of the Event Costs for the Planned October 10, 2024, World Homeless Day Outreach Expo Being Held at Weston Park RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Waiving the City of Hemet temporary use permit fees of $1,288.90 and Public Works fees of $2,075.00 and sponsor event costs of $6,000.00 for Hemet's inaugural World Homeless Outreach Expo Day on National World Homeless Day, October 10, 2024, presented by Sheltered Pathways, a California non-profit organization, in partnership with the City of Hemet.
BACKGROUND:
The City of Hemet has partnered with Sheltered Pathways to host a free community event where Hemet Valley residents can come to receive resources, specific to individuals or families experiencing homelessness. They will be able to access essential resources and services such as: healthcare, shelter information, housing programs, legal aid, job training programs, mental/behavior health support, pet health services, military vet services, clothing, hygiene care, immunizations, county services, and education.
This Outreach Expo event has 50 organizations signed up to provide resources and assistance to those that attend this expo. In addition to providing assistance to the Hemet residents, the other mission is to take a census of the registered participants that attend the expo and gather necessary information such as economic and sociological demographics, for state and national reporting agencies. The purpose would be to request additional state and county resources according to the needs that are rendered the day of the expo; it will also help our city officials understand and measure the urgent needs of our community.
18.C
The event will be taking place at Weston Park, 130 N. Thompson St, on Thursday, October 10, 2024, from 9am to 3pm. North Thompson Street would be closed off from E. Florida Ave to E. Latham Ave, for the hours of 7am to 3pm.
Sheltered Pathways have requested assistance with needed items to ensure the success of the event. Without the city's partnership, this event would lack the integral resource a city like ours would provide in order for it to take place.
ANALYSIS:
World Homeless Day Outreach Expo fees are as follows:
PERMIT FEES:
PLANNING FEES - BUILDING PERMIT PLAN REVIEW BY PLANNING MICROFILM REPRODUCTION FEE $104.00
MICROFILM 11 X 17 OR LESS $3.00
FIRE DEPARTMENT PLAN REVIEW GENERATOR $96.00
FIRE DEPARTMENT PERMITS GENERATOR FIRE PERMIT $96.00
SPECIAL EVENT FIRE PERMIT $62.00
ELECTRICAL PLAN REVIEW - GENERATOR 10KW OR LESS PLAN REVIEW $96.00 ELECTRICAL PERMIT FEES - GENERATOR UNDER 10 KW PERMIT $144.00 BUILDING PROCESSING FEE - PERMIT PROCESSING FEE BUILDING/FIRE/PLANNING $96.00
BUILDING PLAN REVIEW - FOOD TRUCK OR CARNIVAL EVENT PLAN REVIEW $193.00 BUILDING PERMITS - FOOD TRUCK OR CARNIVAL EVENT $385.00 BUILDING STANDARDS FEE $1.00
SEISMIC FEE COMMERCIAL $1.40
TECHNOLOGY FEE - BUILDING $10.00
TRAINING FEE - $1.50
Total Permit Fees - $1,288.90
PUBLIC WORKS FEES:
ENG INSPECTION - MINOR ENCROACHMENT INSPECTION $417.00 PUBLIC WORKS STAFF TIME FOR STREET CLOSURE $1,300.00
BANNER PLACEMENT AND INSTALLATION $358.00
Total Public Works Fees - $2,075.00
Estimated costs for city sponsorship:
BANNER COST $800.00
RESTROOMS (ADA ACCESSIBLE) AND SINK STATIONS $1,210.00 RIVCO ANIMAL SERVICE - SPAY/NEUTER TRUCK $3,500.00
TWELVE (12) FIRE-EXTINGUISHERS $250.00
WATER SOURCE COST (FIRE HYDRANT) WITH METER $240.00
Total Estimated Costs - $6,000.00
GRAND TOTAL COST FOR EVENT: $9,363.90
18.C
PREVIOUS COUNCIL ACTION:
This is the inaugural event of its kind for the City of Hemet.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's involvement in community service.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses FISCAL IMPACT:
If the waiver is approved, the City will not collect fees of $3,363.90 to cover the cost of services.
There is sufficient budget in the General Fund Community Outreach Program and the River Bottom Encampment Grant to cover the sponsorship costs of $6,000.00.
ATTACHMENT(S):
Attachment 1 - World Homeless Outreach Expo Flyer
Attachment 2 - WHD Outreach Expo Event Map
Attachment 3 - Sheltered Pathway City Request Letter
Attachment 4 - City of Hemet Permit Fees
Attachment 5 - City of Hemet Public Works Invoice
Attachment 6 - Resolution Waiving Fees for Homeless Day Expo
18.C
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18.C
BRONZE SPONSORSHIP SMALLBUSINESSES/NPO ($250);
- Recognition: Your logo will be featured on the website's event materials. . Visibility: Benefit from a social media shoutout.
. Presence: Your logo will be displayed at the event venue. . Engagement: Secure a small booth space at the expo.
SILVER SPONSORSHIP ($ 500):
. Enhanced Presence: Receive all Bronze benefits.
. Engagement: Secure a booth with a prime location at the expo. - Acknowledgment: Receive verbal recognition during the event.
GOLD SPONSORSHIP ($1000);
- Increased Exposure: Enjoy all Silver benefits.
. Expanded Presence: Gain a larger booth space at the expo. . Promotion: Your logo will be included in promotional materials. . Exclusive Recognition: Receive exclusive mention in press releases.
PLATINUM SPONSORSHIP ($5000-$15000)_:
. Premium Presence: Enjoy all Gold benefits.
. Prime Placement: Secure prime booth placement at the expo. . Feature: Your organization will be featured on event banners. . Special Opportunity: Get the opportunity to address attendees directly A
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Weston Park
Hemet, CA 92543
EXPO
18.C
Valley
Restart
Mobile
shower
Stage
Breakfast
/Lunch
Mobile
VA
CHECK IN /OUT
MAIN
CHECK IN/OIT SERVICE PROVIDERS SERVICE PROVIDERS SERVICE PROVIDERS Meet the candidates
DPSS
van
Pastors corner
Mobile
Crisis
Unit
8 -CITY OF SAN
jACINTO
rivco
Immuni
- zation
PE
TS
12- Healthcare
Insurance Solutions
6- Red Cross
1- HNC
10- cITY OF
hEMET
9- us vets
Workfoce
11- CA EDD
VA
12- HSJV
Chamber
7- Reconnected
Resources
(phone/tablet)
8- Charging
Station
HOUSING /NPO HOUSING /NPO HOUSING /NPO
2- APH
3- MRs. b’s
table
5- US Vets
Housing
14- Alternative to
Domestic Violence
1- Neighborhood
Link
4- wE KNOW
STUFF
18- Valley Restart
shelter
6- Salvation Army
7- The Rose of
Sharon 7
8- fsa FAMILY
sERVICE
9- HWS- HA
11- cITY nET
10- Home
Connect
12- Living hope
development
foundation
13- Riverside
County VA
15-Hud- VASH
16 - Lamas
Housing Project
17- Joshua Home
Animal
control
13-Rivco
Veteran Services
Mobile dog
groomer
1-kahoots
3- Pawtriotic
2-
Digital Map
JOBS & EDUCATION JOBS & EDUCATION JOBS & EDUCATION
FOOD
&
NECESSITIES FOOD
&
NECESSITIES FOOD
&
NECESSITIES
DJ
1- Birth choice
centers
11- Iehp
10- Iehp
9- Connect IE
2- Inner Care Hemet
Medical & Dental
3- Target
5- Self sufficiency
6- Hemet Valley
center
eye exam ca
1 - Mother's
Nutrition Center
9- Project
linus
10-bvov
(clothing)
5- Hemet FD/pd
4- Grocery
Outlet
2- Starbucks
3- Carol Kitchen
6- Riverside workforce
Development
3-cHASE
7- MSJC
Key
Street Closure
10x10 booth
Garbage
Recycling
Table & Chairs
Jobs & Education
Food & Necessities
Service Providers
Chair
Dumpster
Pet area
Security
Day of event poc
10 OCT 24. 9 AM-3PM
Carrol 619-312-9976
Trish 951-590-1694
restrooms
hand washing station
Fire hydrant
7-
RUHS-BH HHOPE
4- DMV 8-
Lutheran Social
Services of So Cal
4- gREAT
cLIPS
5- Altura
2- NY Life
14- Reach
11 SERVICE PROVIDERS SERVICE PROVIDERS SERVICE PROVIDERS Fire Extinguisher
Generator
Restricted
access
13- Foothill
AIDS Project
15- DAP
16- RUHS -
Public Health
17 - Valle
Vista
18 Loma
Linda VA
14-SBX
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COMMUNITY OUTREACH TEAM
Sheltered Pathways
9 0 9 . 9 0 3 . 5 9 3 6 T a x E x e m p t # 8 8 - 2 2 4 5 7 9 3 i n f o @ s h e l t e r e d p a t h w a y . o r g
s h e l t e r e d p a t h w a y s . o r g
Dear City of Hemet Team,
I hope this letter finds you well. My name is Trish, and I am writing to you on behalf of Sheltered Pathways, an organization dedicated to supporting and uplifting the homeless community within our city. As we approach International World Homeless Day on October 10th, we are planning an outreach expo aimed at raising awareness, providing resources, and fostering connections between the homeless population and local services.
The purpose of this expo is to create a platform where individuals experiencing homelessness can access essential services such as healthcare, shelter information, job training, and mental health support. We believe that by bringing together local organizations, community members, and city officials, we can create a lasting impact in the lives of those who need it most.
We are reaching out to request the city of Hemet's assistance in organizing this important event. Specifically, we would appreciate support in the following areas:
1. Permits: Assistance in securing permits for the expo and all fees associated.
2. Promotion: Help in promoting the event through city channels to ensure maximum reach and participation.
Along with the the City photographer and use of City drone to capture the view of the event for marketing purposes.
3. Collaboration: Connecting with local service providers who might be interested in participating or offering their services at the expo.
4. Banner: To hang in downtown Hemet weeks before the event.
5. Porta Potties: The bathrooms in the Wenston Park are not available so we will need handicap assessable porta potties.
6. Stage: For the speakers
7. Barricades: To block off the streets around the park for the use of the mobile stations.
8. Generator: For Mobile Shower hooks-up, Stage Area, Charging station.
9. Water source: find or fund water for mobile shower
We truly believe that with the city's support, we can create a meaningful event that not only raises awareness but also provides tangible resources to our homeless community. We would love to discuss this initiative further and explore how we can work together to make this outreach expo a success.
Thank you for considering our request. We look forward to your positive response and hope to collaborate with you to make a difference in our community.
Sincerely,
18.C
INVOICE FEES
EFFECTIVE
City ofHemet 7I1I2023
445 E. Florida Ave
Hemet, CA 92543
APPLICANT: CITY OF HEMET. Permit No: 32409-124
Site Address: 130 THOMPSON STREET. N.
Parce' N°: 443'243'001
Permit Description: WHD OUTREACH EXPO SPECIAL EVENT
Fee Description Fee Amount
PLANNINGFEES 2695-120-0224
BUILDINGPERMIT PLAN REVIEW BY PLANNING 2695-120-0224
MICROFILM REPRODUCTION FEE 2636-120-0636
MICROFILM11 x 17 OR LESS 2636—120—0636 $3.00
FIRE DEPARTMENTPLAN REVIEW 2631-110-0631
GENERATOR 2631-110-0631 $96.00
FIRE DEPARTMENTPERMITS 5630-110—0632
GENERATOR FIRE PERMIT 5630—110—0632 $96.00
SPECIAL EVENT FIRE PERMIT 5630—110-0632 $62.00
ELECTRICAL PLAN REVIEW 2630-120-0630
GENERATOR 10KW OR LESS PLAN REVIEW 2630-120-0630 $96.00 ELECTRICALPERMIT FEES 2630-120-0630
GENERATOR UNDER 10 KW PERMIT 2630-120-0630 $144.00
BUILDINGPROCESSING FEE 2221-120-0221
PERMIT PROCESSING FEE BUILDING/FlRE/PLANNING 2221—120—0221 $96.00 BUILDINGPLAN REVIEW 2630—120-0630
FOOD TRUCK OR CARNIVALEVENT PLAN REVIEW 2630—120—0630 $193.00 BUILDINGPERMITS 2221—120—0221
FOOD TRUCK OR CARNIVALEVENT 2221—120—0221 $385.00
2395—120—2019
BUILDINGSTANDARDS FEE 2895-120-2019 $1 00
SEISMIC FEE COMMERCIAL 2651-110—2039 $1.40
TECHNOLOGY FEE — BUILDING 2291—120—0291 $10.00
TRAININGFEE 2694-120-0223 $1.50
Total Fees Due: $1,288.90
Date Printed: 09/17/2024
Assessed by: KIMBERLYMAGGS
Fees stated are applicable for the date printed Fees are subject to Change. If a new fee schedule is adopted by the Hemet City Council prior to payment of above listed fees, the new fees will apply $104.00
18.C
City of Hemet
445 E. Florida Ave.
Hemet, CA 92543
INVOICE FEES
EFFECTIVE
7/1/2023
Fee Description Fee Amount
APPLICANT: Sheltered Pathways Patricia McLure Permit No: E2409-030 Parcel No:
Permit Description: Sheltered Pathways Fair
Site Address:
ENG INSPECTION 3136-120-0236
MINOR ENCROACHMENT INSPECTION 3136-120-0236 $417.00
1 PUBLIC WORKS STAFF INSTALLATION - BANNER 1 $1300.00
PUBLIC WORKS STAFFF TIME - STREET CLOSURE 1 $358.00
Total Fees Due:
Assessed by: TY PARDUE
Date Printed: 09/17/2024
$2,075.00
Fees stated are applicable for the date printed. Fees are subject to change. If a new fee schedule is adopted by the Hemet City Council prior to payment of above listed fees, the new fees will apply.
CUSTOMER
18.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, WAIVING THE CITY OF
HEMET TEMPORARY USE PERMIT FEES OF $1,288.90
AND PUBLIC WORKS FEES OF $2,075.00 AND
SPONSOR EVENT COSTS OF $6,000.00 FOR HEMET'S
INAUGURAL WORLD HOMELESS OUTREACH EXPO
DAY ON NATIONAL WORLD HOMELESS DAY,
OCTOBER 10, 2024, PRESENTED BY SHELTERED
PATHWAYS, A CALIFORNIA NON-PROFIT
ORGANIZATION, IN PARTNERSHIP WITH THE CITY OF
HEMET
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet has partnered with Sheltered Pathways to host a free community event where Hemet Valley residents can come to receive resources, specific to individuals or families experiencing homelessness; and WHEREAS, the Outreach Expo event has 50 organizations signed up to provide resources and assistance to those that attend this expo; and WHEREAS, the event will provide assistance to the Hemet residents, the other mission is to take a census of the registered participants that attend the expo and gather necessary information such as economic and sociological demographics, for state and national reporting agencies; and
WHEREAS, the event will take place at Weston Park, 130 N. Thompson St, on Thursday, October 10, 2024, from 9:00 a.m. to 3:00 p.m. and North Thompson Street
18.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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would be closed off from E. Florida Ave to E. Latham Ave, for the hours of 7:00 a.m. to 3:00 p.m.; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS – The City of Hemet and Sheltered Pathways have partnered to ensure the success of the World Homeless Outreach Expo Day.
SECTION 2. WAIVE - the City of Hemet temporary use permit fees of $1,288.90 and Public Works fees of $2,075.00 and sponsor event costs of $6,000.00 for Hemet's inaugural World Homeless Outreach Expo Day on National World Homeless Day, October 10, 2024, presented by Sheltered Pathways, a California non-profit organization, in partnership with the City of Hemet.
SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on September 24, 2024.
18.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 24th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
18.C
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 24th day of September, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
18.C