HomeMy WebLinkAbout0338 Septage Waste Haulers 1990CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 338
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING A NEW
CHAPTER 13.18, OF THE CHUBBUCK MUNICIPAL CODE TITLED
"SEPTAGE WASTE HAULERS"; PROVIDING DEFINITIONS; PROHIBITING
DISCHARGE OF DOMESTIC SEPTAGE WASTE WITHOUT A PERMIT;
PROHIBITING THE DISCHARGE OF INDUSTRIAL OR COMMERCIAL
SEPTAGE INTO THE PUBLICLY-OPERATED TREATMENT WORKS (POTW);
PROHIBITING DISCHARGE OF OTHER LISTED SUBSTANCES, INCLUDING
HAZARDOUS MATERIAL; ESTABLISHING SPECIFIC LOCATIONS FOR
DOMESTIC SEPTAGE DISCHARGE; ESTABLISHING PROCEDURES AND FEES
FOR APPLICATION FOR PERMITTED DISCHARGES; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF
THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, municipalities are being made increasingly
responsible for protecting the environment and its citizens from
the dumping of wastes which adversely affect the waste treatment
system; and
WHEREAS, the United States Environmental Protection Agency
has required that municipalities enact legislation to regulate
wastes which might be delivered to publicly-operated treatment
works (POTW's) by truck, rail, or dedicated pipeline; and
WHEREAS, the City of Pocatello, Idaho has adopted certain
procedures and regulations to control the delivery of waste to
their waste water treatment works; and
WHEREAS, the City of Chubbuck is required to coordinate its
waste water delivery program with those of Pocatello; and
WHEREAS, the Chubbuck City Council deems it to be in the
best interest of the City of Chubbuck to adopt the procedures and
regulations established by the City of Pocatello to control the
delivery of waste to their waste water treatment works;
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BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. There shall be added to the Chubbuck Municipal
Code the following Section 13.18:
13.18.010. Purpose. This chapter shall provide
uniform regulations and requirements for the discharge of
domestic septage by waste haulers into the City's publicly-
operated treatment works, hereinafter referred to as the
POTW, and for the enforcement of said regulations and
requirements.
13.18.020. Definitions.
A. "Domestic septage waste" means waste from
residential living units, including homes, apartments,
trailer houses, mobile homes, recreational vehicles,
campers, portable toilet units, and the like.
B. "Waste hauler" means any individual, partnership,
corporation, company, or other entity, which transports or
causes to be transported by truck, rail, or dedicated
pipeline, any sewage as defined in Chapter 13.16 and 13.24
of this Code.
C. "POTW" means the publicly-operated treatment works
for waste water, and includes the collection system and
treatment facilities, both inside and outside the corporate
limits of the City of Chubbuck and further shall include all
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facilities referred to in Section 13.24.020(m) of the
Chubbuck Municipal Code.
D. "Director" means the Public Works Director or the
City of Chubbuck or his designee.
13.18.030. Discharqe of industrial wastes by waste
haulers prohibited. Only domestic septage wastes as defined
in this chapter may be discharged into the public sewer
system by waste haulers. Discharge of wastes, including
septic wastes, removed by a hauler from nonresidential,
industrial, or commercial customers is specifically
prohibited. Any such discharge of nonresidential wastes
into the public sewer system will constitute a violation,
and will subject the waste hauler to the penalties provided
for in this chapter.
13.18.040. Discharqe of hazardous wastes prohibited.
The discharge of toxic or hazardous wastes as defined in
Section 1004 of the Resource Conservation and Recovery Act
(RCRA) into the POTW is prohibited, including discharge to
the headworks of the treatment plant by truck, dedicated
pipeline, or rail.
13.18.050. Other prohibited discharges. Waste haulers
are also prohibited from discharging wastes into the POTW
with the following characteristics, as set forth in 40 CFR
403.5 (b):
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A. Pollutants that will create a fire or
explosion hazard.
B. Pollutants that will cause corrosive
structural damage, and in no case discharges with a pH
lower than 6.0, or higher than 9.0.
C. Solid or viscous pollutants discharged at a
concentration or volume that will cause interference
with the operation of the POTW.
D. Oxygen-demanding pollutants discharged at a
concentration or'volume that will cause interference
with the operation of the POTW.
E. Heat in amounts that will inhibit biological
activity at the POTW; in no case should discharges
cause POTW influent to exceed 104° F.
F. Any other type of waste that may not be
treatable by the public sewer system, or which will
interfere with the operation of the public sewer
system, including oil and grease, or radioactive
wastes.
13.18.060 Permit required. Any waste hauler
engaged in the hauling and discharge of domestic septage
wastes to the POTW shall obtain a septage hauler discharge
permit from the Public Works Director of the City of
Chubbuck ("Director"), or his designee prior to any such
discharge. Waste haulers shall be responsible for complying
with all the terms and conditions contained in the permit,
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in addition to all regulations and procedures set forth in
this chapter. Any person discharging to the POTW without a
permit will be subject to the penalties provided in this
chapter. This permit shall not be transferable and the
permittee shall notify the Director of any change in control
or ownership of partnerships, companies, corporations, or
entities (where applicable), and a new application must be
made for a new permit.
13.18.070. Liability insurance required. The
permittee must carry commercial general liability insurance
in such amount and in such form as shall be determined by
the City and specified on the permit. The City of Chubbuck
shall be named as an additional insured party in the policy.
Proof of such insurance coverage must be provided to the
City prior to the issuance of the permit.
13.18.080. Permit application and fees. No fee shall
be charged for issuance of the septage hauler discharge
permit. However, a use fee shall be charged each time a
waste hauler delivers or causes to be delivered a domestic
septage load for discharge at the designated disposal point,
based on tank size. Such fees shall be set from time to
time by Resolution of the City Council. If the Chubbuck
City Council does not set such fees, then the fees charged
by the City of Pocatello for that type of use shall be
charged by the City of Chubbuck. Failure to pay said fees
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within thirty days of the billing date shall be cause for
revocation of the septage hauler discharge permit.
13.18.090. Desiqnated disposal point. The Director
shall designate the specific point at which waste haulers
may discharge domestic septage waste into the POTW.
Discharge may not occur without prior notice to the Director
and without inspection and/or supervision by authorized City
personnel.
13.18.100. Use of waste-tracking system. Waste
haulers must use an authorized waste-tracking form to record
every load that is pumped or delivered to the POTW. Failure
to accurately record every load, falsification of data, or
failure to transmit the form to the Director prior to
discharge into the POTW may result in revocation of this
permit. The Director may authorize use of an alternative
form provided by the waste hauler on a case-by case basis.
13.18.110. Discharge limitations. In addition to the
prohibitions contained elsewhere in this chapter, waste
haulers are prohibited from discharging wastes into the POTW
which exceed the following limitations:
Arsenic 2.1 mg/1
Cadmium 0.1 mg/1
Chromium 2.8 mg/1
Copper 0.5 mg/1
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Cyanide
Lead
Mercury
Nickel
Silver
Zinc
Grease and Oil:
Petroleum fraction
Animal/vegetable
fraction
pH maximum
pH minimum
1.2 mg/1
0.5 mg/1
0.1 mg/1
1.0 mg/1
0.4 mg/1
1.0 mg/1
100 mg/1
350 mg/1
9.0
6.0
13.18.120. Sampling of waste. Prior to discharge of
domestic septage waste, waste haulers shall allow the
Director or authorized City personnel to sample the waste to
ensure compliance with discharge limits and requirements.
Waste haulers may be required to suspend the discharging of
waste until the analysis is complete. The Director reserves
the right to refuse permission to dump any load that is
suspected of being incompatible or that is determined to be
incompatible with the POTW through sampling and analysis, or
sound professional judgment.
13.18.130. Notification of chanqes. The permittee
must notify the Director of any substantial change in
pollutants being discharged into the POTW. Such
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notification must include the source of the waste,
identification of the waste being discharged, the nature and
concentration of pollutants in the discharge, and the time,
date and cause of the change.
13.18.140. Penalties.
A. Any person who knowingly makes, authorizes,
solicits, aids another in making, or attempts to make any
false statement, representation or certification in any
permit application, record, report, plan or other document
filed or required to be maintained pursuant to a permit, or
who falsifies, tampers with, bypasses or knowingly renders
inaccurate any monitoring device, testing method or testing
samples, or who discharges domestic septage waste or other
waste into the POTW at any point other than the designated
disposal point, or who violates or fails to comply with any
provisions or conditions of this chapter or any permit,
shall be guilty of a misdemeanor.
B. Failure of a waste hauler to comply with the terms
or conditions of any permit or the provisions of this
chapter may subject the waste hauler to suspension or
revocation of the permit by the Director and to prohibition
from further discharge into the POTW until a new permit is
issued. The basis of the suspension or revocation shall be
set forth in writing and may be appealed to the Chubbuck
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City Council. Upon a public hearing before the Council, the
council shall issue a written decision which shall be final.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The
provisions of any Ordinance of the City of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict.
Section 2. Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a
reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 24
ATTEST:
CITY CLERK
day of j~]y
, 1990.
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