(A) The District will classify all users in accordance with the principal activity conducted on the premises where the discharge occurs. The purpose of the classification is to facilitate regulation of discharges to District facilities on the basis of each user’s waste quality, quantity and flow.
(B) The classification shall further provide a means of imposing an appropriate level of oversight, control and enforcement according to the source of the discharge. The classification system will also allow equitable recovery of District capital and operating costs for the pretreatment program. As set forth in the § 35.003, there are two categories of users: to wit, domestic users and industrial users. Industrial users are categorized as class I, II, III or IV.
(C) All users are subject to the prohibitions set forth in this chapter, with such federal and state statutes and regulations as may apply, and the specific pollutant limitations as may be promulgated by the Board of Directors by ordinance.
(D) Domestic users under normal circumstances will not be required to apply for or receive a wastewater discharge permit, as defined in this chapter, providing that said domestic user discharges only that wastewater which is consistent with the definition of domestic wastewater set forth herein.
(E) Industrial users may be subject to wastewater discharge permit requirements depending on the volume, characteristics and origin of their wastewater discharge. Industrial users may be required to supply such information and data concerning their processes, including discharge samples and wastes generated, as may be necessary for the District to determine whether such user should be designated as class I, II, III or IV. Industrial users must, if requested, provide such other information regarding the nature of the entity, its operations, storage and use of chemicals, and storage and use of hazardous substances, as may be reasonably necessary to make such determination as to the classification of said user and whether a wastewater discharge permit is needed. The District may also require information relating to potential for accidental discharges to a District facility of hazardous or prohibited substances. Such inquiries may include information regarding the current disposal procedures of the user with regard to chemicals and/or substances that are not in the ordinary course of the user’s operations discharge to a District facility.
(F) The determination by the District regarding the designation of an industrial user as a class I user may be based on the unusual character of the wastewater due to its volume, strength, composition or its derivation from a hazardous waste or substance, or the potential variability in the character of the wastewater, or on the potential for increased administrative cost to the District due to the unusual character of the waste. Any additional administrative costs to be considered may include increased potential for the administrative oversight by federal, state and local agencies as well as the potential for increased liability exposure and associated legal costs. The District may also take into consideration difficulties in enforcement of this chapter under a wastewater discharge permit and the enforcement violation and compliance history of the user with the District, as well as other regulatory agencies.
(G) The determination of the District regarding the designation of an industrial user as a class II user may be based on whether the discharge of the wastewater is equal to or greater than 25,000 gallons per average work day flow, or whether the discharge has in its waste hazardous pollutants, or whether the discharge is subject to national pretreatment standards, or whether it has in its untreated wastewater, pollutants which are in excess of any pretreatment standard or requirement, including any pretreatment standard or requirement identified in this chapter or local limit set by this chapter, or whether it may, in the opinion of the District, have a significant impact, either singularly or in combination with other contributing industries, on the District’s ability to meet the objectives of this chapter.
(H) A determination by the District regarding the designation of an industrial user as a class III user may be based on the standards set forth in the definition of a class III industrial user in this chapter.
(I) This determination may include, but not be limited to, the issue of whether the user stores and/or uses hazardous substances in such quantities in its industrial or commercial processes as may, in the determination of the District, have the potential to be discharged to District facilities by accident or through a slug discharge, causing a measurable increase in the amount of hazardous substances entering the District’s facilities. Non-significant categorical users shall be classified as class III industrial users and shall operate under a class III industrial user permit.
(J) Class IV industrial user shall include all industrial users who are not determined by the District to be class I, II or III industrial users. Class IV industrial users shall be subject to the requirements of this chapter.
(Ord. 2022-02, passed 3-31-2022)