A. Owners of all dwellings, buildings, or properties that are used for human occupancy, employment, recreation, or other purposes, and that abut on any street, alley, or right-of-way in which there is now located or may in the future be located a public wastewater system, are required at their expense to establish a direct connection with a proper wastewater system in accordance with the provisions or this article, within one hundred eighty days after date of official notice.

B. The director shall grant an extension of the foregoing connection requirement to owners of single-family dwellings existing at the time of installation of the public wastewater system, and when the estimated connection charge for the owner is found by the director to exceed the prevailing estimates for connection of single-family dwellings to the same public wastewater system line by fifty percent or more. To obtain an extension, owners must file objections to the connection requirement set forth in subsection A of this section before the expiration of the aforesaid one hundred eighty days. Extensions granted pursuant to this subsection shall be for a period not to exceed five years.

C. If a building cannot be practically served due to rock, wastewater collection system depth, or other construction problems, the owner shall install, operate and maintain a residential pumping station.

D. Where public or private wastewater systems are not available or accessible, a cesspool, septic tank or other acceptable wastewater treatment system may be constructed as authorized by the state department of health; provided, the use of a cesspool or septic tank meets all applicable governmental requirements.

E. For single-family dwellings where the wastewater lateral elevation of the unit is below the wastewater line, the owner shall be required to connect to the public wastewater system and install a pump in the following circumstances:

1. When the property is sold or further developed;

2. When the living area in a single-family dwelling is increased; or

3. When the cesspool or septic tank fails to function properly according to standards contained within this article. (Ord. 2760 § 4 (part), 1999)

A. General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes pass through or interference. These general prohibitions apply to all users of the POW whether or not they are subject to categorical pretreatment standards or any other governmental pretreatment standards or requirements.

B. Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1. Pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees fahrenheit (sixty degrees celsius) using the test methods specified in 40 CFR 261.21;

2. Wastewater or any liquids having a pH less than 6.0 or more than 9.0, or otherwise causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts that will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one half inch in any dimension that will not be carried freely under the flow conditions in the sewer;

4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW;

5. Wastewater having a temperature that will inhibit biological activity in the wastewater system resulting in interference, and wastewater that, causes the temperature at the introduction into the wastewater reclamation facility to exceed one hundred four degrees fahrenheit (forty degrees celsius);

6. Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass through;

7. Pollutants that 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;

8. Trucked or hauled pollutants, except at discharge points designated by the director;

9. Noxious or malodorous liquids, gases, solids, or other wastewater that, 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 wastewater collection system for maintenance or repair;

10. Wastewater that imparts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, that impart color to the wastewater reclamation facility's effluent, thereby violating the County's UIC permit;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

12. Stormwater, surface water, groundwater, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, filter backwash from an uncontaminated cooling system, swimming pool, decorative fountain or pond, vehicle washing drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater;

13. Sludges, screenings, or other residues from the pretreatment of industrial or commercial wastes or from industrial or commercial processes;

14. Medical waste, except as specifically authorized by the director in a wastewater discharge permit;

15. Wastewater causing, alone or in conjunction with other sources, the wastewater reclamation facility's effluent to fail a toxicity test;

16. Detergents, surface-active agents, or other substances that may cause excessive foaming, interference or pass through at the POTW;

17. Fats, oils, or grease of animal or vegetable origin in concentrations in excess of 100 mg/L, or less if it is found that it is causing interference or pass through or will cause blockages in the wastewater collection system;

18. Wastewater causing hazardous conditions in the meter at the point of collection system as defined by the formula:

C_LVL = (C_VAP/H)

Where C_LVL = Discharge screening level, mg/L

C_VAP = ACGIH TLV-TWA, mg/m³

H= Henry's law constant (mg/m³) / (mg/L)

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;

19. Materials that exert or cause:

a. Unusual concentrations of inert suspended solids, including, but not limited to, fullers earth, lime slurries and lime residues; or of dissolved solids, including, but not limited to, sodium chloride and sodium sulfate,

b. Excessive discoloration, including but not limited to, dye wastes and vegetable tanning solutions,

c. BOD₅, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the wastewater system, or

d. Unusual volume of flow or concentration of waste constituting slugs as defined in this article;

20. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable state or federal regulations;

21. Any water added for the purpose of diluting wastes that would otherwise exceed the concentration limitations established by the director in compliance with applicable state or federal regulations unless dilution is the method described in the material safety data sheet protocols, such as acid;

22. Waters or wastes containing substances that are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater reclamation facility effluent can not meet the requirements of governmental agencies, having jurisdiction over effluent discharge;

23. Any nutrients, specifically but not limited to, nitrogen and phosphorous forms, at concentrations that are amenable to treatment only to such a degree that the wastewater reclamation facility effluent cannot meet the requirements of other agencies having jurisdiction over discharge, including but not limited to, UIC programs, or NPDES permits;

24. Any waters or wastes containing phenols or other taste-producing or odor-producing substances, in such concentrations exceeding limits that may be established by the director, after treatment of the composite wastewater, to meet the requirements of governmental agencies having jurisdiction over such discharge;

25. Waters or wastes containing substances that may cause obstruction of the flow to the POTW or cause interference with the wastewater treatment processes employed or other interference with the proper operation of the wastewater system including, but not limited to, animal viscera or tissues, paunch manure, bones, hair, lint, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, paper dishes, cups, milk containers, unground garbage, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes; and

26. Any substance that may cause the POTW's effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse, or to interfere with the reclamation process.

C. Wastewater debris from any entity that performs cleaning, rodding, jetting, or any other form or maintenance of a public or private wastewater line (excluding individual laterals serving single-family dwellings) that discharges into the public wastewater system will be required to remove all debris from the last manhole on the property. If no manhole is located on the property, then coordination should be made with the wastewater reclamation division to obtain access to a manhole in the wastewater system. Such captured debris from line cleaning shall be disposed at the sanitary landfill. (Ord. 2760 § 4 (part), 1999)

The categorical pretreatment standards as provided in 40 CFR chapter I, subchapter N, parts 405--471, and any amendments thereto are incorporated.

A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

C. 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.

D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. (Ord. 2760 § 4 (part), 1999)

All applicable State pretreatment standards are incorporated. State requirements and limitations on discharges to the POTW shall be met by all users who are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this article or other applicable government regulations. (Ord. 2760 § 4 (part), 1999)

The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits:

A. 0.078 mg/l arsenic

B. 1.23 mg/l cadmium

C. 2.8 mg/l chromium

D. 3.4 mg/l copper

E. 1.2 mg/l cyanide

F. 0.68 mg/l lead

0. 0.095 mg/l mercury

H. 0.95 mg/l molybdenum

I. 3.84 mg/l nickel

J. 3.03 mg/l selenium

K. 1.0 mg/l silver

L. 2.6 mg/l zinc

The limits herein apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for “total” metal unless indicated otherwise. The director may impose mass limitations in addition to, or in place of, the concentration-based limitations herein. (Ord. 2760 § 4 (part), 1999)

The County reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord. 2760 § 4 (part), 1999)

No statement contained in this article shall be construed as prohibiting any special agreement or arrangement between the department and any entity whereby an industrial waste of unusual strength or character may be admitted to the wastewater system either before or after pretreatment; provided, that there is no impairment of the functioning of the wastewater system by reason of the admission of such wastewater, and no extra costs are incurred by the department without recompense by the entity. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. (Ord. 2760 § 4 (part), 1999)

No user shall increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 2760 § 4 (part), 1999)

A. No person shall erect any improvements, structures, or embankments, over public wastewater systems without the written permission of the director.

B. No person shall discharge material from cesspools, septic tanks, chemical toilets and privies into the public wastewater system without obtaining a wastewater discharge permit.

C. No person shall open any manhole without permission by the director.

D. No person shall discharge or propose to discharge to the public wastewater system any waters or wastes that contain the substances or possess the characteristics enumerated in section 14.21A.015 without the written approval of the director. For any discharge that, in the judgment of the director, may have a deleterious effect upon the public wastewater system, processes, equipment or receiving waters, or that otherwise create a hazard to life or constitute a public nuisance, the director may require payment to cover the added cost of handling and treating such waters or wastes. Such added cost may have values greater than those defined for normal wastewater and may not be included in the wastewater system charges provided by chapter 14.31 of this title. (Ord. 2760 § 4 (part), 1999)

A. No unauthorized person shall enter any public wastewater system manhole, collection system, pumping station, reclamation facility, or appurtenant facility. No person shall maliciously, wilfully or negligently break, damage, destroy, deface, or tamper with any structure, appurtenance, or equipment that is part of the public wastewater system. No person, other than an authorized employee or agent of the County, shall operate or change the operation of any public wastewater system, pumping station, reclamation facility, disposal system, or appurtenant facility. Any person violating this section shall be subject to criminal prosecution.

B. Any tree or shrub planted on private property shall be maintained so that the roots of the tree or shrub shall not interfere with the public wastewater system. Should the owner fail to so maintain a tree or shrub planted on private property, the director shall notify the owner of record in writing of this provision and give the owner a reasonable time within which corrective action shall be taken. For purposes of this subsection, reasonable time shall be no longer than thirty calendar days from the date of service, and the mailing shall be by certified mail. If corrective action is not taken by the owner, the department may abate the condition to the extent necessary to assure compliance with the requirements of this subsection and assess all costs to the responsible owner.

C. Should the department take action to abate interference with the public wastewater system, the cost of such abatement shall be recorded as a lien against the property that shall run with the land. Notification of the imposition of the lien shall be sent to the owner. Failure to discharge such lien shall be enforceable in the same manner as a default in the payment of real property taxes. (Ord. 2760 § 4 (part), 1999)

Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set forth in this chapter within the time limitations specified by EPA, the State, or the director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operation procedures shall be submitted to the director for review and approval before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the director under the provisions of this article. Any subsequent significant changes in the pretreatment facility or method of operation shall be reported to and approved by the director prior to the initiation of the changes. Any transfer or change in ownership shall require a reevaluation or may require the resizing of the existing pretreatment facilities. Any user unable to adequately fulfill the requirements set forth herein shall reevaluate the effectiveness and/or resize all existing pretreatment facilities. The owners or operators of new sources, and new users determined to be significant industrial users, must have pretreatment facilities installed and operating prior to discharge. The director shall require a wastewater discharge permit for all pretreatment facilities required under the provisions of this article. (Ord. 2760 § 4 (part), 1999)

A. The director may require any entity discharging into the POTW to install and maintain, on its property and at its expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

B. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Ord. 2760 § 4 (part), 1999)

At least every two years, the director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

A. Description of discharge practices, including non-routine batch discharges;

B. Description of stored chemicals;

C. Procedures for immediately notifying the director of any accidental or slug discharges, as required by section 14.21A.160; and

D. Procedures to prevent adverse impact from any accidental or slug discharges. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plane site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Ord. 2760 § 4 (part), 1999)

A. Septic tank or cesspool waste may be introduced into the POTW only at locations designated by the director, and at such times established by the director. Such waste shall not violate section 14.21A.010 or 14.21A.015, or any other requirements established by the County. The director shall require septic tank and cesspool waste haulers to obtain wastewater discharge permits.

B. Generators of industrial waste to be disposed in the public wastewater system are required to obtain wastewater discharge permits. The discharge of hauled industrial wastewater is subject to the requirements of this article, and the director may prohibit the disposal of hauled industrial wastewater.

C. Wastewater and industrial wastewater haulers may discharge loads only at locations and at such times as designated by the director. The location is to be determined at the time of permit approval. No load may be discharged without prior consent of the director. The director may collect samples of each hauled load to ensure compliance with applicable standards. The director may require the industrial wastewater hauler to provide a waste analysis of any load prior to discharge.

D. Wastewater and industrial wastewater haulers must maintain waste manifest forms for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, driver identification, names and addresses of sources of waste and volume, characteristics of waste, and destination of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. These records shall be provided to the director on a monthly basis for billing purposes. The fees set for wastewater, industrial wastewater, septic sewage and cesspool pumpage disposal into the POTW shall be in accordance with the amounts set forth in the annual budget of the County. This will be based on the wastewater classification as described in section 14.31.020 of this title. If records are not sent or properly maintained, the waste hauler shall be subject to enforcement action by the department. (Ord. 2760 § 4 (part), 1999)

A. Facilities requirements.

1. General.

a. All users shall be required to install and maintain an interceptor for the separation and retention of liquid waste containing fats, oils or grease, flammable wastes, sand, or other harmful constituents that may be properly eliminated from the collection system by use of an interceptor.

b. The director may require any user to install, or to increase the size of, an interceptor according to the requirements set forth in this article or other program, prior to connection to the public wastewater system or at any time after connection to the public wastewater system if the director discovers or determines, subsequent to the connection, that the user produces a waste with characteristics that would require installation of an interceptor pursuant to this article.

c. An interceptor is not required for a building used solely for residential purposes except where commercial food preparation occurs.

d. It is unlawful for any food service establishment or user to dispose of any waste containing fats, oil, grease, solids, or liquids into any drainage piping, public or private wastewater system, storm drainage system, or to discharge any said waste to any land, street, public way, river, stream, or other waterway without the proper governmental permits.

e. It is further unlawful for any entity to allow waste to accumulate on its property or in its possession that is injurious to public health or constitutes a nuisance.

2. New facilities. All new food service establishments, automotive related facilities or other identified user newly proposed, constructed, expanded, renovated, reconstructed or that changes ownership, shall be required to install an interceptor. Such installation shall meet the requirements outlined herein and be operational before commencing business.

3. Existing facilities. Existing food, automotive related facilities or other identified user shall be required to install an interceptor on the following schedule. Such installation shall meet the requirements outlined herein.

a. Facilities requiring an interceptor shall complete installation of said interceptor within three months of notification by the director.

b. Accelerated compliance shall be required for facilities found to be contributing fats, oil, grease or sand in quantities sufficient to cause main line blockages or necessitate increased maintenance on the public wastewater system. Said compliance date will be determined by the director and the facilities will be notified both verbally and in writing.

c. Any requests for extensions to required installation dates must be made in writing to the director, at least thirty days in advance of the deadline. A ninety day extension may be granted only upon a showing that a facility cannot reasonably install an interceptor by the specified deadline and will take all necessary measures to minimize the amounts of fats, oil, grease and sand it discharges into the collection system until such interceptor is installed.

B. Interceptor requirements.

1. General.

a. The installation of a proper interceptor shall be the responsibility of the user who applies for the connection or waste discharge permit, and the user whose operations cause or contribute to the necessity for an interceptor.

b. Interceptors shall be installed, utilized, and properly maintained in a continuous and efficient operation at all times and at the expense of the user.

c. All interceptors shall be of a type, capacity and construction approved in writing by the director prior to installation.

d. An interceptor shall serve only one business establishment, unless a common interceptor is specifically authorized by the director.

e. Interceptors no longer in use shall be abandoned in accordance with appendix H of the Uniform Plumbing Code.

2. Design.

a. Interceptors for food service establishments shall be sized based upon appendix H of the Uniform Plumbing Code.

b. Other factors that may influence the design include, but shall not be limited to, the following:

i. The type of facility (a restaurant, bakery, cheese factory, car wash, gas station, lube facility, etc.);

ii. The volume of the user's business or operation (such as number of meals served, number of seats, hours of operation);

iii. The peak flow of process wastewater discharged to the collection system;

iv. Size and nature of facilities (including kitchen facilities) based on size, type, number of fixtures, and type of processing or cooking equipment used;

v. The type of service provided or operation undertaken (such as dine-in meal service versus carry-out meal service);

vi. The type of foods or other materials used in cooking, processing or manufacturing operations conducted within the facility;

vii. The overall potential for grease-laden, flammable or sand-laden discharges;

viii. The existence of devices, procedures or processes designed to minimize the amount of fats, oil, grease, sand or other flammable liquids from entering the collection system;

ix. The location of the facility, if it is located in a known problem area;

x. Any prior problems with the facility, such as blockages, violations, etc.

c. All interceptors shall be certified by IAPMO and be plumbed according to the Uniform Plumbing Code.

d. Grease interceptors shall not exceed a capacity of fifteen hundred gallons, unless specifically authorized by the director.

e. A grease interceptor shall not be installed in any part of a food service establishment where food is handled.

f. Grease interceptors within any food service establishment shall not exceed thirty five gpm/seventy pounds grease (minimum liquid capacity of thirty gallons), unless specifically authorized by the director.

g. Except where an acceptable existing sampling point is available, all food service establishments and other identified users shall install an effluent sampling box of a size and type to be approved by the director.

h. The vent line from the sample port riser on the interceptor outlet-line shall be connected to the building waste vent piping.

i. Inspection by the director of installed interceptors and piping prior to backfilling is required. Piping shall meet the requirements of the Uniform Plumbing Code.

3. Interceptor maintenance.

a. Any user who is required by the director or this article to install or operate an interceptor shall be required to adequately maintain the interceptor at the user's expense, so that the interceptor is in proper working order at all times. Maintenance shall include the complete removal of all contents, including floating materials, wastewater, sludge and solids. Decanting or discharging of removed waste back into the interceptor from which the waste was removed or into any other interceptor, for the purpose of reducing the volume to be hauled, is prohibited.

b. Grease and oil interceptors shall be cleaned out completely by a permitted waste hauler at least once each month, unless otherwise required by the director, to assure that the interceptor will operate as designed at all times.

c. The use of additives to emulsify grease and/or oil is specifically prohibited.

d. The use of biological additives as a supplement to interceptor maintenance, including the addition of micro-organisms, may be authorized by the director and approval shall be obtained in writing prior to the use of such additives.

e. Any user who is required to install or have in operation an interceptor pursuant to this article, shall be required to have a written plan of operation or program for its facility that ensures that the interceptor operates as designed. These procedures may include: adoption of kitchen practices to minimize the grease-laden garbage- that ultimately enters the facility's drains and floor traps, maintaining records of inspections by the user of the interceptor, maintaining on-site manifests from the permitted waste hauler servicing the interceptor, or other such procedures as may be required for the proper operation of the interceptors.

f. A maintenance log indicating each pumping of an interceptor for the previous twelve months and any other pertinent information shall be maintained by each establishment. This log shall include, but not limited to, date, time, amount pumped, hauler and disposal site and shall be kept in a conspicuous location for inspection by the state department of health or the director.

g. The information provided by the maintenance log must be submitted to the director in an annual report. The report shall be submitted within thirty days after the end of each calendar year.

h. All users must sign a waste manifest form before having a waste load transported by a permitted hauler. The user shall also keep copies of the manifest form for a period of at least three years, and make all manifest records available for inspection by the director during normal business hours.

i. All waste removed from an interceptor must be disposed at a facility permitted by the County or applicable regulatory agencies to receive such waste. The pumpage shall not be returned to any POTW, any private wastewater system or storm drains.

j. All interceptors shall be located as to be readily and easily accessible for cleaning, inspection and removal of intercepted waste.

k. Any fixture connected to a grease interceptor shall have a nonremovable, secured food strainer of such integrity to withstand daily operational usage.

4. Variance.

a. Establishments that do not generate fats, oil grease or sand and show that the discharge does not contribute fats, oil, grease or sand to the public wastewater system as defined by this article, may apply to the director for a variance from the requirement to install an interceptor.

b. The director may grant a variance upon demonstration that an establishment will not introduce fats, oil, grease or sand into the public wastewater system. Such demonstration may include, but need not be limited to, type of facilities, type of food prepared or processed with an explanation why the establishment does not generate or introduce fats, oil, grease or sand in its wastewater, and showing through laboratory analysis that no fats, oil, grease or sand is generated or introduced into the public wastewater system. A minimum of four samples that are a true representative of the establishment's discharge shall be collected. The laboratory analysis shall meet the requirements outlined herein.

c. If a variance is granted, periodic demonstration or inspections of the establishment shall be required to determine that there has not been any change of operations that could generate or introduce fats, oil, grease or sand into the public wastewater system.

C. Required connections to interceptors. Three-compartment sinks, scullery (preparation) sinks, floor drains and floor sinks along a cook line, prewash sinks at dishwash stations, and all other fixtures that contribute fats, oil, grease and sand into the wastewater system shall be connected to an interceptor.

D. Prohibited connections to interceptors.

1. Food waste disposal, garbage grinder or garbage disposal units and similar sources or putrescent waste are prohibited in plumbing systems where any type of interceptor is required to be installed. Existing food service establishments utilizing food waste disposals, garbage grinders or garbage disposal units shall remove such units within thirty days from date of notification by the director.

2. Refrigerator drain lines, beverage dispenser drain lines, hand sinks, and similar drains that do not ordinarily receive significant quantities of fats, oils, grease or sand but produce significant flow shall not be connected to any type of interceptor.

3. Dishwashers, showers, toilets, washing machines, baths, refrigerator condensate, beverage dispenser, or sinks shall not be connected to nor discharge through any type of interceptor.

4. The use of any additive, such as enzymes, surfactants or chemicals shall not be connected to any type of interceptor. Chemical additives, such as chlorinated solvents, are strictly prohibited from use in any type of interceptor.

E. Plan review.

1. Applicants or users shall be required to submit copies of detailed facility plans for the director's review and approval. The plans shall depict existing or proposed interceptors; pretreatment facilities, spill containment facilities, monitoring facilities, metering facilities, and operating procedures. Facility plans shall also include site plans, floor plans, mechanical and plumbing plans, and details to show all wastewater plumbing, spill containment, and appurtenances by size, location, and elevation. The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or procedures in the future, as may be necessary to produce an acceptable discharge, and to meet the requirements of this article or any requirements of other regulatory agencies.

2. All submitted drawings shall be prepared by a licensed and registered professional engineer. Any false information or misleading calculations submitted shall be the responsibility of the user.

3. The design, location and procedures for operation and maintenance of a required interceptor shall be approved by the director. Such approval shall be obtained prior to the user's connection of the facility to the public wastewater system, in the event of new construction or remodeling.

4. In circumstances where a user has already connected to the public wastewater system and the director determines that an interceptor must be installed, the user shall promptly provide for the installation of the interceptor within a reasonable time frame as established by the director. The user shall provide design plans and operational plans for the director's approval prior to interceptor installation.

5. No food service establishment, automotive related facility or other identified user shall be constructed, remodeled, or converted except according to plans and specifications approved by the director.

6. Approved plans and specifications shall not be changed or altered without written approval by the director.

F. Fats, oil, grease and sand waste discharge permits. It shall be prohibited for any food service establishment, automotive related facility or other identified user to discharge process wastewater into the public wastewater system without a wastewater discharge permit and pay the appropriate fees, as set forth in the annual budget of the County. (Ord. 2760 § 4 (part), 1999)

A. General.

1. No waste hauler shall discharge directly or indirectly to a wastewater reclamation facility any material defined as hazardous waste by the RCRA or 40 CFR 261.

2. Industrial wastewater haulers.

a. All industrial wastewater haulers shall obtain permits in accordance with this article and pay the appropriate fees, as set forth in the annual budget of the County.

b. All industrial wastewater haulers shall sign a waste manifest form before unloading transported waste at a County approved disposal site. The hauler shall also keep the hauler's copies of the manifest form for a period of at least three years, and make all manifest records available for inspection by the director during normal business hours. The records shall be compiled monthly and provided to the director for billing purposes according to section 14.21A.080.

3. Grease waste haulers.

a. Grease waste haulers shall obtain permits in accordance with this article and pay the appropriate fees, as set forth in the annual budget of the County.

b. Grease waste haulers shall determine the nature of the waste before transport, and notify the disposal site personnel of this nature upon delivery.

c. Hazardous materials shall not be transported by the grease waste hauler under the permit system established in this article.

d. Grease waste haulers shall sign a waste manifest form before unloading transported waste at a disposal site. The hauler shall also keep the hauler's copies of the manifest form for a period of at least three years, and make all manifest records available for inspection by the director during normal business hours. The records shall be compiled monthly and provided to the director for billing purposes according to section 14.21A.080.

e. Grease waste haulers shall only use a disposal site permitted by the County or other regulatory agency.

f. Grease waste haulers shall effectively clean grease interceptors to completely remove all contents, including floating materials, wastewater, sludge and solids. Decanting or discharging of removed waste back into the interceptor from which the waste was removed or into any other interceptor, for the purpose of reducing the volume to be hauled, is prohibited.

g. Maintenance requirements: All vehicles, hoses, pumps, tanks, tools, and equipment associated with grease waste handling shall be maintained in good repair, free of leaks, and in clean and sanitary condition. All hoses and valves on grease waste handling vehicles or tanks shall be tightly capped or plugged after each use to prevent leakage, dripping, spilling or other discharge of grease wastes onto any public or private property.

B. Industrial wastewater haulers and grease waste haulers permit.

1. All permit holders subject to this section shall agree to hold harmless the County and its employees from any liabilities arising from the permit holder's operations under this permit.

2. No person shall engage in industrial wastewater or grease waste hauling in the jurisdiction of the County unless such person has a valid and existing industrial or grease waste hauler permit issued by the director. Upon issuance of a new permit or the renewal of an existing permit, the permit holder shall notify food service establishments or other applicable businesses that the permit holder services of the existence of this article.

3. No person shall operate an industrial wastewater or grease waste hauling vehicle in connection with industrial wastewater or grease waste handling unless the director has issued a permit for such company or business, the permit is valid and existing, and the permit is inside or posted on the vehicle.

4. Industrial wastewater hauler and grease waste hauler permits shall be granted or denied within sixty days of the date the application is received. When granted, the permit shall be issued for a period of one year, may not be transferred, and may be renewed by the director.

5. Hauler permits shall be denied if:

a. The applicant has had two or more permit suspensions, or the applicant has had its permit revoked, within the past calendar year;

b. An outstanding arrest warrant for the applicant has been issued;

c. The applicant does not pay the required fee; or

d. The applicant does not show proof of insurability for general comprehensive, automotive, and employee liability.

6. Any vehicle used to transport liquid waste shall have permanently affixed to one or more of its sides, clearly and easily visible and without interfering with the operation of the vehicle, the following:

a. The name of the person or company owning the vehicle;

b. The permit number established in this section; and

c. Any and all waste decals denominated by a classification equal to or higher than the classification of waste being transported.

C. Waste manifest form. All pumpage or industrial waste collected by haulers from interceptors or from other users must be tracked by a waste manifest that confirms pumping, hauling, and disposal of waste. Interceptor wastes removed for rendering or disposal in small quantities (less than five gallons) to a refuse Dumpster are excluded from waste manifest requirements. The total volume of grease disposed of in this manner over a thirty-day period, however, may not exceed ten gallons per hauler. Each person who engages in industrial or grease waste handling shall complete a waste manifest each time such person services an interceptor or other user. The persons completing the waste manifest shall maintain the original waste manifest as part of such person's official records for a period of not less than three years from the date of service of the interceptor or other user. Such person shall provide a copy of the waste manifest to the generator of the waste, the disposal site operator, and the director. This waste manifest form shall contain the following information:

1. Generator information:

a. Name,

b. Address,

c. Name of the president or owner of the generator,

d. Generator permit number,

e. Date,

f. Volume pumped,

g. Date and time of pumping,

h. Signature of generator verifying generator information;

2. Transporter (hauler) information:

a. Name,

b. Address,

c. Name of the president or owner of the transporter or hauler,

d. Vehicle description and capacity,

e. Wastewater handling permit number,

f. Dates of all actions,

g. Classification and volume transportation;

3. Receiving facility information:

a. Facility name,

b. Address,

c. Name of the president or owner of the receiving facility,

d. Facility permit number,

e. Date,

f. Classification and volume of waste,

g. Signature of receiving facility representative verifying receipt of waste. (Ord. 2760 § 4 (part), 1999)

When requested by the director, a user must submit information on the nature and characteristics of its wastewater within thirty days. The director is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. 2760 § 4 (part), 1999)

A. No significant industrial user or user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director, except that a significant industrial user that has filed a timely application pursuant to section 14.21A.110 may continue to discharge for the time period specified therein.

B. The director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set forth in sections 14.21A.255 through 14.21A.320. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and State pretreatment standards or requirements or with any other governmental regulations. (Ord. 2760 § 4 (part), 1999)

All users required to obtain a wastewater discharge permit must submit a permit application to the director. The application shall contain the following information:

A. All information required by section 14.21A.160.B;

B. 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 that are, or could accidentally or intentionally be discharged to the POTW;

C. Number and type of employees, hours of operation, and proposed or actual hours of operation;

D. Each product produced by type, amount, process or processes, and rate of production;

E. Type and amount of raw materials processed (average and maximum per day);

F. 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;

G. Time and duration of discharges;

H. Any other information as may be deemed necessary by the director to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the applicant for revision. (Ord. 2760 § 4 (part), 1999)

There shall be six wastewater discharge permit categories dependent upon the type of discharger, volume, and characteristics of discharge. The six discharge permit categories are:

A. “Class I wastewater discharge permit” means any user who discharges wastewater that:

1. Is subject to federal Categorical Pretreatment Standards; or

2. Averages twenty-five thousand gallons per day or more of regulated processed wastewater; or

3. Is determined by the director to have a reasonable potential for adversely affecting the public wastewater system or for violating any pretreatment standard, local limit, or discharge requirement; or

4. May cause, as determined by the director, pass through or interference with the public wastewater system.

B. “Class II wastewater discharge permit” means any user who discharges nondomestic wastewater with an average daily discharge flow rate that is less than twenty-five thousand gpd, but greater than five thousand gpd, and may have a reasonable potential for causing interference or pass through as defined in this article.

C. “Class III wastewater discharge permit” means any user who discharges nondomestic wastewater with an average daily discharge flow rate that is less than five thousand gallons per day and may have a reasonable potential for causing interference or pass through as defined in this article.

D. “Class IV wastewater discharge permit” means food service establishments that are required to install or have an existing interceptor or grease trap.

E. “Class V wastewater discharge permit” means any individual or company who is a liquid waste hauler.

F. “Special purpose discharge permit” means any user who is granted a special purpose discharge permit by the director to discharge unpolluted water, storm runoff, groundwater or other miscellaneous discharges to the wastewater collection system. (Ord. 2760 § 4 (part), 1999)

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW and who wishes to continue such discharges in the future shall, apply to the director for a wastewater discharge permit in accordance with section 14.21A.100, and shall not cause or allow discharges to the POTW to continue except in accordance with a wastewater discharge permit issued by the director. (Ord. 2760 § 4 (part), 1999)

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with section 14.21A.100, must be filed and approved of by the director prior to issuance of a building permit. (Ord. 2760 § 4 (part), 1999)

All wastewater discharge permit applications and user 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 gathered and evaluated the information submitted. Based on my inquiry or the person or persons who manage the system, or those persons directly responsible for gathering the information, the information 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 administrative and civil penalties and criminal prosecution for knowing violations.” (Ord. 2760 § 4 (part), 1999)

The director shall evaluate the data furnished by the user and may require additional information. Within sixty days of receipt of a complete wastewater discharge permit application, the director shall determine whether to issue a wastewater discharge permit or deny the application. (Ord. 2760 § 4 (part), 1999)

A wastewater discharge permit shall be valid for a two-year period, shall indicate an expiration date, and shall not be transferred. Wastewater discharge permits shall expire at eleven fifty-nine p.m. on the specified date. The wastewater discharge permit fee shall be established in the annual budget of the County. (Ord. 2760 § 4 (part), 1999)

A wastewater discharge permit shall include such conditions as deemed necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the wastewater reclamation facility’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. Wastewater discharge permits shall contain:

1. A statement that indicates wastewater discharge permit duration, that shall not exceed two years;

2. A statement that the wastewater discharge permit is nontransferable without prior approval of the director in accordance with section 14.21A.145, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

3. Effluent limits based on applicable pretreatment standards;

4. Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of sampling frequency, and sample type based on federal state and local laws; and

5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local laws.

B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:

1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

2. Requirements for the installation or pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

5. The unit charge or schedule of user charges and fees for the management of the wastewater discharge to the POTW;

6. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

7. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those that become effective during the term of the wastewater discharge permit; and

8. Other conditions as deemed appropriate by the director to ensure compliance with this article and other applicable governmental requirements. (Ord. 2760 § 4 (part), 1999)

The director shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the director to reconsider the terms of a wastewater discharge permit within fifteen days of notice of its issuance.

A. Failure to submit a timely petition for review shall be deemed to be a waiver of administrative appeal.

B. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

D. The director shall determine whether to approve or deny a request for reconsideration within sixty days of receipt of the request. Decisions to not reconsider, issue or modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

E. Aggrieved parties seeking judicial review of a final administrative decision on a wastewater discharge permit must file a complaint with the circuit court of the second circuit, State of Hawaii. (Ord. 2760 § 4 (part), 1999)

The director may modify a wastewater 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 requirements;

B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. Information indicating that the permitted discharge poses a threat to the POTW, County personnel, or the receiving waters;

E. Violation of any terms or conditions of the wastewater discharge permit;

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

G. Revision or grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

H. To correct typographical or other errors in the wastewater discharge permit;

I. To reflect a transfer of the facility ownership or operation to a new owner or operator. (Ord. 2760 § 4 (part), 1999)

The director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. Failure to notify the director of significant changes to the wastewater prior to the change;

B. Failure to provide prior notification to the director of changed conditions pursuant to section 14.21A.185;

C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

D. Falsifying self-monitoring reports;

E. Tampering with monitoring equipment;

F. Refusing to allow the department timely access to the facility premises and records;

G. Failure to meet effluent limitations;

H. Failure to pay fines;

I. Failure to pay wastewater charges;

J. Failure to meet compliance schedules;

K. Failure to complete a wastewater survey or the wastewater discharge permit application;

L. Failure to provide advance notice of the transfer of business ownership of a permitted facility;

M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.

Wastewater discharge permits shall be void upon cessation of operations or transfer of business ownership. Any wastewater discharge permit issued to a particular user for a particular facility becomes void upon the issuance of a new wastewater discharge permit to that user for that facility. (Ord. 2760 § 4 (part), 1999)

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 14.21A.100, at least ninety days prior to the expiration of the existing wastewater discharge permit. (Ord. 2760 § 4 (part), 1999)

A. Within one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report that contains the information listed in subsection B of this section. At least ninety days prior to commencement of the user's discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report that contains the information listed in subsection B of this section. The owner or operator of a new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. The owner or operator of a new source shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the information as follows:

1. Identifying information. The name and address of the facility, including the name of the operator and owner;

2. Environmental permits. A list of all state and federal environmental control permits held by or for the facility;

3. Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes;

4. 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);

5. Measurement of pollutants.

a. The categorical pretreatment standards applicable to each regulated process,

b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or the director, of 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 forth in section 14.21A.210,

c. Sampling must be performed in accordance with procedures set forth in section 14.21A.215;

6. Certification. A statement, reviewed by the user or its authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements;

7. Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. 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 forth in section 14.21A.170;

8. Signature and certification. All baseline monitoring reports must be signed and certified in accordance with section 14.21A.120. (Ord. 2760 § 4 (part), 1999)

A. All devices, access facilities and related equipment required by the director shall be installed by the person discharging the wastewater so as to be in safe condition, in proper operating condition at all times, and readily accessible to the department during the operating day. The flow measurement device may be a parshall flume, weir, venturi, nozzle, magnetic flowmeter, or any other type of device providing accurate and continuous flow indication. Pump timers or other indirect measurement devices will not be acceptable. All samples must comply as set forth in standard methods.

B. The flow measurement and sampling station shall be safely located and constructed in a manner acceptable to the director. Complete plans on all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the director for approval before construction.

C. The person discharging the wastewater shall keep flow records as required by the director, submitted monthly to the department, and shall provide qualified personnel to properly maintain and operate the facilities. (Ord. 2760 § 4 (part), 1999)

The following conditions shall apply to the compliance schedule required by section 14.21A.160.B.7:

A. The schedule shall contain progress increments in the form of dates for the commencement and completion or major events leading to the construction and operation of additional pretreatment facilities 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).

B. No increment referred to in subsection A of this section shall exceed nine months.

C. The user shall submit a progress report to the director fourteen days following each date in the schedule, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.

D. In no event shall progress reports to the director lapse more than nine months. (Ord. 2760 § 4 (part), 1999)

Within ninety days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in sections 14.21A.160.B.4, 5 and 6. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), 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 14.21A.120. (Ord. 2760 § 4 (part), 1999)

A. All significant industrial users shall, at a frequency determined by the director, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge that are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with section 14.21A.120.

B. All wastewater samples shall be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

C. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in section 14.21A.215, the results of this monitoring shall be included in the report. (Ord. 2760 § 4 (part), 1999)

At least fifteen days prior to a change in conditions, any user must notify the director of any planned significant changes to the user's operations or system that might alter the nature, quality, or volume of its wastewater.

A. The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a new or modified wastewater discharge permit application.

B. The director may issue a wastewater discharge permit pursuant to section 14.21A.100, or modify an existing wastewater discharge permit pursuant to section 14.21A. 145.

C. For purposes of this section, significant changes include, but are not limited to, flow increases of twenty percent or greater, and the discharge of any previously unreported pollutants. (Ord. 2760 § 4 (part), 1999)

A. In the case of any unpermitted discharge, including, but not limited to, accidental discharge, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director 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.

B. Within five days following such discharge, the user shall, unless waived by the director, 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 may relieve the user of any fines, penalties, or other liability that may be imposed pursuant to this article.

C. A notice shall be permanently and prominently posted at the user's facility advising employees whom to contact in the event of a discharge described in subsection A of this section. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure. (Ord. 2760 § 4 (part), 1999)

All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may require. (Ord. 2760 § 4 (part), 1999)

If sampling performed by a user indicates a violation, the user must notify the director within twenty-four 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 director within thirty days after becoming aware of the initial violation. The user is not required to re-sample if the director monitors the user's facility at least once each month, or if the director samples between the user's initial sampling and when the user receives the results of the initial sampling. (Ord. 2760 § 4 (part), 1999)

A. Any user who discharges hazardous waste shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance that, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration of such constituents in the wastewater discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve months. All notifications must take place no later than one hundred eighty days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications or changed conditions must be submitted under section 14.21A.185. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections 14.21A.165, 14.21A.175, and 14.21A.180.

B. Users are exempt from the requirements of subsection A of this section, during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

C. In the case or any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the user must notify the pretreatment program administrator, the EPA regional waste management division director, and state hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations.

D. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or State law. (Ord. 2760 § 4 (part), 1999)

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit 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, sampling and analyses must be performed in accordance with procedures approved by EPA. (Ord. 2760 § 4 (part), 1999)

A. Except as indicated in section 14.21A.205.B, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the pretreatment program administrator may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. (Ord. 2760 § 4 (part), 1999)

Written reports will be deemed to have been submitted on the date postmarked. For reports that 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. (Ord. 2760 § 4 (part), 1999)

Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities under taken 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 years. This period shall be automatically extended for the duration of any litigation concerning the user or the County, or where the user has been specifically notified of a longer retention period by the director. (Ord. 2760 § 4 (part), 1999)

The director and/or authorized County employees shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A. Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director and/or authorized County employees shall be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The director and/or authorized County employees shall have the right to set up on the user's property, and/or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.

C. The director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated once every three months to ensure their accuracy.

D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be born by the user.

E. Unreasonable delays in allowing the director access to the user's premises shall be a violation of this article. (Ord. 2760 § 4 (part), 1999)

While performing the necessary work on private properties pursuant to section 14.21A.230, the County shall indemnify the owner against loss of damage to its property resulting from the negligent conduct of County employees and against liability, claims and demands for personal injury or property damage asserted against the owner, and arising from the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions. (Ord. 2760 § 4 (part), 1999)

If the director and/or authorized County employees have been refused access to a building, structure, or property, or any part thereof, and are able to demonstrate probable cause to believe that there may be a violation of this article, or that there is need to inspect and/or sample as part of a routine inspection and sampling program of the County designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the director may seek issuance of a search warrant through the circuit court of the second circuit, State of Hawaii. (Ord. 2760 § 4 (part), 1999)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the pretreatment program administrator's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge information, processes, or methods of production entitled to protection under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report that might disclose confidential information shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 2760 § 4 (part), 1999)

The director shall publish annually, in accordance with State law, a list of the users who, during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance means:

A. Chronic violations of wastewater discharge limits, as defined in which sixty-six percent or more or wastewater measurements taken during a six month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

B. Technical review criteria violations, defined as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C. Any other discharge violation that the director believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the director's exercise of emergency authority to halt or prevent such a discharge;

E. Failure to meet, within ninety days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide, within thirty days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance;

H. Any other violation(s) that the director determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 2760 § 4 (part), 1999)

(Reserved)

When the director finds that a user has violated, or continues to violate, any provision of this article, any permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. Such notice may be served on any authorized representative of the user. Within fifteen days of service of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted in writing by the user to the director. Submission of this plan in no way relieves the user or liability for any violations occurring before or after service of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2760 § 4 (part), 1999)

The director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement in writing with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 14.21A.275 and 14.21A.280, and shall be judicially enforceable. (Ord. 2760 § 4 (part), 1999)

The director may order or allow a user who has violated, or continues to violate, any provision of this article, a permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why proposed enforcement action should not be taken. The notice of the meeting shall be served at least fifteen days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 2760 § 4 (part), 1999)

When the director finds that a user has violated, or continues to violate, any provision of this article, a permit or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not comply within the time provided, wastewater service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including, but not limited to, additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the wastewater system. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2760 § 4 (part), 1999)

When the director finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements.

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

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2760 § 4 (part), 1999)

A. When the director finds that a user has violated, or continues to violate, any provision of this article, a permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may fine such user not less than $1,000 per day. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. The director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

B. Unpaid charges, fines, and penalties shall, after thirty calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of five percent per month. Any unpaid charges, fines, and penalties shall be recorded as a lien upon the user's property for which the charges, fines and penalties were assessed.

C. Users desiring to dispute such fines must file a written request for the director to reconsider the fine along with full payment of the fine amount within thirty days of being notified of the fine.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2760 § 4 (part), 1999)

The director may immediately suspend any permit issued pursuant to this chapter, after informal notice to the permit holder, whenever such suspension is necessary to stop an actual or potential discharge that reasonably appears to present or cause an imminent or substantial endangerment to the public health or welfare. The director may also immediately suspend a discharge permit, after notice and opportunity to respond, whenever such suspension is necessary to stop an actual or potential discharge that reasonably appears to threaten interference with the operation of the POTW, or that presents, or may present, an endangerment to the environment.

A. Any user notified of a suspension of its permit shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary including immediate severance of the connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings in section 14.21A.295 is initiated against the user.

B. A user is responsible, in whole or in part, for any discharge presenting imminent endangerment, and shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the director prior to the date of any show cause or termination hearing under sections 14.21A.270 or 14.21A.295.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 2760 § 4 (part), 1999)

In addition to the provisions of section 14.21A.285, any user who violates the following conditions is subject to the termination of its discharge:

A. Violation of wastewater discharge permit conditions;

B. Failure to accurately report the wastewater constituents and characteristics of its discharge;

C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling;

E. Violation of the pretreatment standards in sections 14.21A.010 through 14.21A.030.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 14.21A.270 why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 2760 § 4 (part), 1999)

(Reserved)

When the director finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may petition the circuit court of the second circuit, State of Hawaii, through the County corporation counsel, for the issuance or a temporary or permanent injunction, as appropriate, that restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 2760 § 4 (part), 1999)

A. Any person violating any provisions of this article, any order, or permit issued hereunder, or any other pretreatment standard or requirement, shall be liable for a civil penalty of not less than $1,000 per violation per day; except that in cases where such offense shall continue after written notice from the director of such violation, each day's continuance of the same shall constitute a separate offense. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. In determining the amount of the fine, the director shall consider the seriousness of the violation or violations, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the fine on the violator, and such other considerations, that the director determines in the exercise of the director's discretion, are relevant to the amount of the fine.

B. The County may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the County.

C. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

D. Unpaid fines, penalties, fees, costs, and other expenses shall, after thirty calendar days, be assessed an additional penalty of five percent of the unpaid balance, and interest shall accrue thereafter at a rate of five percent per month. Any unpaid fines, penalties, fees, costs, and other expenses shall be recorded as a lien upon the violator's property for which the fines, penalties, fees, costs, and other expenses were assessed.

E. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 2760 § 4 (part), 1999)

A. Any person who:

1. Wilfully, intentionally or recklessly violates any provision of this article, any order or permit issued hereunder, or any other pretreatment requirement, shall, upon conviction, be punished by a fine of not less than $1,000 or by imprisonment not exceeding ninety days, or both, except that in cases where such offense shall continue after due notice, each day's continuance of the same shall constitute a separate offense;

2. Knowingly makes any false statement or misrepresentation in any record, report, plan, or other document filed with the director, or tampers with or knowingly renders inaccurate any monitoring device or sampling and analysis method required under this section or by other law, shall be punished by a fine of not more than $25,000 or by imprisonment for not more than six months, or both.

Unless otherwise provided, this section shall be controlled by the provisions of the Hawaii penal code, Hawaii Revised Statutes.

B. A user who wilfully, intentionally, recklessly or negligently introduces any substance into the POTW that causes personal injury or property damage shall, upon conviction, be punished by a fine of not more than $25,000 or be subject to imprisonment for not more than six months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (Ord. 2760 § 4 (part), 1999)

The remedies provided by this article are not exclusive. The director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the County's enforcement response plan. However, the director may take other action against any user when the circumstances warrant. Further, the director is empowered to take more than one enforcement action against any noncompliant user. (Ord. 2760 § 4 (part), 1999)

Any person violating any provision of this article, any order, or permit issued hereunder, or any other pretreatment standard or requirement, shall fully reimburse the County for any State and federal penalties imposed on the County

due to such violation. Such reimbursement shall constitute a civil penalty in addition to any County imposed penalty and shall be collected by the County as a civil penalty. (Ord. 2760 § 4 (part), 1999)

A. Upset. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An “upset” does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection C of this section are met.

C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and the user can identify the cause(s) of the upset;

2. At the time, the facility was being operated in a prudent and proper manner and in compliance with applicable operation and maintenance procedures; and

3. The user has verbally submitted the following information to the director within twenty-four hours of becoming aware of the upset, and provided a written submission within five days:

a. A description of the discharge and cause of noncompliance,

b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to cease, and

c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 2760 § 4 (part), 1999)

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in section 14.21A.015.A or the specific prohibitions in section 14.21A.015.B if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharge from other sources, would cause pass through or interference and that either:

A. A local limit exists for each pollutant discharged, and the user was in compliance with each limit directly prior to, and during, the pass through.

B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the County was regularly in compliance with its NPDES permit, and in the case or interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 2760 § 4 (part), 1999)

A. For the purposes of this section:

1. “Bypass” means the intentional diversion of waste streams from any portion of a user’s treatment facility.

2. “Severe property damage” means substantial physical damage to property, damage to a treatment facility that causes the facility to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. “Severe property damage” does not mean economic loss caused by delays in production.

B. Bypass is prohibited and the director may take an enforcement action against a user for a bypass, unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

3. The user submitted notices as required under subsection E of this section.

C. A user may allow any bypass to occur that does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections D and E of this section.

D. A user shall submit verbal notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time the user becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to cease; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The pretreatment program administrator may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

E. If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least ten days before the date of the bypass, if possible.

F. The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed in subsection B1 of this section. (Ord. 2760 § 4 (part), 1999)

(Reserved)

A. To provide the maximum public benefit from the use of the public wastewater system, written authorization to use said system is required. This written authorization shall be in the form of a wastewater discharge permit. No vested right shall be given by issuance of permits provided by this article. The County reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the public wastewater system if deemed by the director appropriate to comply with the objectives and the prohibitions presented in this title.

B. The purpose of the discharge permit is to provide for the recovery of all costs incurred by the County when administering the County's wastewater pretreatment program.

C. A fee may be set forth in the annual budget of the County for the following:

1. For reimbursement of costs of establishing and operating the County's wastewater pretreatment program;

2. For monitoring, inspections and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;

3. For reviewing and responding to accidental discharge procedures and construction;

4. For wastewater discharge permit applications including the cost of processing such applications;

5. For consistent removal (by the County) of pollutants otherwise subject to federal pretreatment standards;

6. For waste hauler permits;

7. For fats, oil and grease waste discharge permits;

8. For filing appeals;

9. Other fees or charges as the director may deem necessary to carry out the requirements contained herein.

D. These fees relate solely to the matters covered by this section and are separate from all other fees, fines, and penalties chargeable by the County. These fees, as set forth in the annual budget of the County, shall be paid to the County. (Ord. 2760 § 4 (part), 1999)

The director shall have the authority to adopt rules regarding the administration of this chapter. (Ord. 2760 § 4 (part), 1999)

If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord. 2760 § 4 (part), 1999)