HomeMy WebLinkAbout0659 Pretreatment Regulations 2008CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. &59
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING CHAPTER
13.20 OF THE CHUBBUCK MUNICIPAL CODE AND ADOPTING A NEW
CHAPTER 13.20, "PRETREATMENT REGULATIONS;" REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS
OF CHAPTER 13.20 NOT AMENDED SHALL REMAIN IN EFFECT; AND
PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
WHEREAS, the City of Chubbuck utilizes the Pocatello Wastewater Treatment Plant and
by agreement with the City of Pocatello, Chubbuck is required to adopt from time to time their
regulations with respect to nonresidential wastewater discharges;
WHEREAS, the City of Pocatello has enacted Ordinance No. 2837 adopting
recommendations made by the Water Pollution Control Department Superintendent for the City of
Pocatello to adopt amended Ordinances to comply with the latest State and Federal laws and
regulations including the Clean Water Act and the General Pretreatment Regulations and to adopt
requirements recommended by the United States Environmental Protection Agency with respect
to nonresidential wastewater discharges;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF CHUBBUCK THAT CHAPTER 13.20 OF THE CHUBBUCK MUNICIPAL CODE
BE REPEALED AND IS HEREBY REPEALED AND A NEW CHAPTER 13.20 IS ENACTED
IN ITS PLACE TO READ AS FOLLOWS:
Sections:
Chapter 13.20
PRETREATMENT REGULATIONS
13.20.010
13.20.015
13.20.020
13,20.025
13.20.030
13.20.035
13.20.040
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Purpose and Policy
Administration
Definitions
Abbreviations
Prohibited Discharge Standards
Federal Categorical pretreatment Standards
State Requirements
13.20.045
Local Limit
13.20.050
Right of Revision
13.20.055
Special Agreements
13.20.060
Dilution
13.20.065
Limitations on Point of Discharge
13.20.070
Pretreatment Facilities
13.20.075
Deadline for Compliance with Applicable Pretreatment
Requirements
13.20.080
Additional Pretreatment
13.20.085
Accidental Spill Prevention Plans
13.20.090
Septic Tank Waste
13.20.095
Wastewater Analysis
13.20.100
Wastewater Discharge Permit Requirements
13.20.105
Wastewater Discharge Permitting—Existing Source And
Existing User
13.20.110
Wastewater Discharge Permitting—New Source Arid New
User
13.20.115
Wastewater Discharge Permitting—Multijurisdictional
Users
13.20.120
Wastewater Discharge Permit Application Contents
13.2.0.125
Signatory and Certification Requirement
13.20.130
Wastewater Discharge Permit Decisions
13.20.135
Wastewater Discharge Permit Contents
13.20.140
Wastewater Discharge Permit Appeals
13.20.145
Wastewater Discharge Permit Duration
13.20.150
Wastewater Discharge Permit Modification
13.20.155
Wastewater Discharge Permit Transfer
13.20.160
Wastewater Discharge Permit Revocation
13.20.165
Wastewater Discharge Permit Reissuance
13.20.170
Baseline Monitoring Reports
13.20.175
Final Compliance Report (Initial Compliance Report)
13.20.180
Periodic Compliance Report
13.20.185
Compliance Schedules for Meeting Applicable Treatment
Standards
13.20.190
Notification of Significant Production Changes
13.20.195
Hazardous Waste Notification
13.20.200
Notice of Potential Problems, Including AccidentalSpills,
Slug Loads
13.20.205
Non -Compliance Reporting
13.20.210
Notification of Changed Discharge
13.20.215
Reports From Un -Permitted Users
13.20.220
Record Keeping
13.20.225
Sampling Requirements
13.20.230
Analytical Requirements
13.20.235
City Monitoring of User's Wastewater
1320.245
Inspection and Sampling—Right of Entry
13.20.250
Monitoring Facilities
13.20.255
Search Warrants
13.20.260
Vandalism, Falsifying, or Tampering
13.20.265
Confidential Information
13.20.270
Publication of Users in Significant Non -Compliance
13.20.275
Notification of Violation
13.20.280
Consent Orders
13.20.285
Show Cause Hearings
13.20.290
Compliance Orders
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13.20.295
Cease and Desist Orders
13.20.300
Administrative Fines
13.20.305
Emergency Suspensions
13.20.310
Termination of Discharge, Non -Emergency
13.20.315
Injunctive Relief
13.20.320
Civil Penalties
13.20.325
Criminal Prosecution
13.20.330
Remedies Non -Exclusive
13.20.335
Performance Bonds
13.20.340
Liability Insurance
13.20.345
Payment of Outstanding Fees and Penalties
13.20.350
Water Supply Severance
13.20.355
Public Nuisances
13.20.360
Upset
13.20.365
Prohibited Discharge Standards
13.20.370
Bypass
13.20.375
Pretreatment Charges and Fees
13.20.380
Severability
13.20.385
Conflicts
13.20.010 Purpose and Policy:
This ordinance sets forth uniform requirements for direct and indirect discharges of pollutants
from non-domestic sources into the Publicly Owned Treatment Works (POTW), including
wastewater collection and treatment system, hauled septage waste and storm water drainage
system; and enables the City to comply with the administrative provisions of the Clean Water Act
(33 USC 1251 et seq), as amended, the General Pretreatment Regulations (40 CFR 403), and the
applicable effluent limitations, national standards and any other discharge criteria which are
required or authorized by State or Federal law. The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the POTW which will interfere with
the operation of the POTW;
B. To prevent the introduction of pollutants into the POTW which will pass through
the POTW, inadequately treated, into receiving waters or otherwise be
incompatible with the POTW;
C. To ensure that the quality of the wastewater treatment plant sludge is maintained at
a level which allows the use and disposal in compliance with applicable statutes
and regulations;
D. To protect POTW personnel who may be affected by wastewater and sludge in the
course of their employment and to protect the general public;
E. To preserve the hydraulic capacity of the POTW;
F. To improve the opportunity to recycle and reclaim wastewater and sludge from the
POTW.
This ordinance shall apply to all users of the POTW. This ordinance provides for the regulation of
direct and indirect discharge to the POTW through the issuance of discharge permits to certain
non-domestic users and through enforcement of general requirements for other users, authorizes
monitoring and enforcement activities, establishes administrative review procedures, requires user
reporting, and provides for the setting of fees for the equitable distribution of costs resulting from
the program established herein.
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13.20.015 Administration:
Except as otherwise provided herein, the public works director shall administer, implement, and
enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the
public works director may be delegated by the public works director to other City personnel.
13.20.020 Definition:
Unless a provision explicitly states otherwise, the following terms and phrases, AS used in this
ordinance, shall have the meanings hereinafter designated.
A. Act or "the Act". The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
B. Applicable Pretreatment Standard. For any specified pollutant, City prohibitive
standard, City specific pretreatment standards (local limits), State of Idaho
Pretreatment Standards, or EPA's Categorical Pretreatment Standards, whichever
standard is appropriate or most stringent.
C. Approval Authority. The Administrator of EPA, Region X.
D. Authorized or Duly Authorized Representative of the User.
(1) If the User is a corporation:
(a) The president, vice president, secretary, or treasurer of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions
for the corporation; or
(b) The Manager of one or more manufacturing, production, or
operation facilities, provided, the manager is authorized to make
management decisions which govern the operation of the regulated
facility including having explicit or implicit duty of making major
capital investment recommendations and initiating and directing
other comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; can ensure
that the necessary systems are established or actions taken to gather
complete and accurate information for control mechanism
requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or
proprietor, respectively;
(3) If the user is a Federal, State, or local governmental facility: a director or
highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or his/her designee;
and
(4) A duly authorized representative is an individual designated by the
responsible officer, manager, sole proprietor or general partner in writing.
The written authorization must be submitted to the City and also specifies
either an individual or a position having the responsibility of the overall
operation of the facility from which the industrial discharge originates, such
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as the position of the plant manager, operator of a well, or well field
superintendent, or a position of equivalent responsibility, or having overall
responsibility, for environmental matters for the company, If an
authorization in this section is no longer accurate because a different
individual or position has responsibility for the overall operation of the
facility, or overall responsibility for environmental matters for the
company, a new authorization satisfying the requirements of this section
must be submitted to the City prior to or together with any reports to be
signed by an authorized representative
E. Batch Discharge. Any single discharge that is specifically allowed under a
wastewater discharge permit and that requires the prior written approval of the
public works director before discharge to the POTW.
F. Best Management Practices or BMPs. The schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement
the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMP also include treatment
requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
G. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for
five (5) days at 20 degrees Celsius, usually expressed as a concentration milligrams
per liter (mg/1).
H. Categorical Pretreatment Standard or Categorical Standard. Any regulation
containing pollutant discharge limits promulgated by EPA in accordance with
Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific
category of users and which appears in 40 CFR Chapter I, Subchapter N, Parts 405-
471.
I. Categorical User. A user regulated by one of EPA's categorical pretreatment.
City. The City of Chubbuck, Idaho, the City Council, the POTW, the City public
works director or the public works director's duly authorized deputy, representative
or agent, or Control Authority as defined herein or in 40 CFR 403, except where
referring to the POTW operated by the City of Pocatello and or its personnel
directly involved in operating and maintaining said POTW.
K. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize
all compounds, both organic and inorganic, in water.
L. Clean Water Act. The Federal Water Pollution Control Act, as amended (33 USC
1251 et seq.).
M. Color. The optical density at the visual wave length of maximum absorption
relative to distilled water. One -hundred percent (100%) transmittance is equivalent
to zero (0.0) optical density.
O. Composite Sample. Shall mean a sample made up of a mixture of discrete samples
[minimum twelve (12)] collected at the same sampling point at equal intervals over
a twenty-four hour period, with each interval not to exceed two (2) hours. In a
flow -proportioned Composite sample, the discrete portions are varied according to
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flow. Where the flow is not continuous over a twenty-four hour period, portions
shall be collected at equal intervals over the period of discharge.
Each aliquot shall be a grab sample of not less than 100 ml and shall be collected
and preserved in accordance with 40 CFR 136, and amendments. Sample volume
at the completion of each twenty -four-hour period shall include enough sample
volume to perform all analyses required by the City.
The City interprets a "day" to be a 24-hour period and does not require that it occur
within a calendar day. This is consistent with the definition for "daily discharge" in
the NPDES regulations at 40 CFR 122.2.
P. Contaminant. Any substance that is discharged to the POTW other than clean
drinking water and/or storm and surface water runoff.
Q. Control Authority. The City of Chubbuck, the City Council, the POTW, the City
Pubic Works Director, the Pocatello Water Pollution Control Superintendent, or
the Superintendent's duly authorized deputy, representative or agent.
R. Cooling Water/Non-Contact Cooling Water. Water used for cooling which does
not come into direct contact with any raw material, intermediate product, waste
product, or finished product. Cooling water may be generated from any use, such
as air conditioning, heat exchangers, cooling or refrigeration to which the only
pollutant added is heat.
T. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant
during a calendar day. Where the daily maximum limits are expressed in units of
mass, the daily discharge is the total mass discharged, over the course of the day.
Where the daily maximum limits are expressed in terms of concentration, the daily
discharge is the arithmetic average measurement of the pollutant concentration
derived from all measurements taken that day.
U. Domestic Waste. Water carrying human wastes, including kitchen wastes, bath
wastes, and laundry wastes that are typical of residential discharges, but does not
include industrial wastes.
V. Domestic Use (Residential User). Any person who contributes causes or allows the
contribution of wastewater into the POTW that is of a similar volume and/or
chemical makeup as that of a residential dwelling unit. Discharges from single or
multi -family dwellings, from office buildings or from commercial establishments,
factories, and institutions which originate from toilet facilities, baths, or kitchens
(provided there is no commercial preparation of foods), free from storm water,
surface water, and industrial or other process water. Discharges from a residential
dwelling unit typically include up to 100 gallons per capita per day, 0.2 pound of
BOD per capita per day, and 0.17 pounds of TSS per capita per day.
X. Environmental Protection Agency (EPA). The U.S. Environmental Protection
Agency or, where appropriate, the Director of the Region 10 Office of Water and
Watersheds, or other duly authorized official of said agency.
Z. Existing Source. A categorical industrial user, the construction or operation of
whose facility commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which would be applicable to such source if and when the
standard is thereafter promulgated in accordance with Section 307 of the Act.
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AA. Existing User. Any non -categorical user which was discharging wastewater prior to
the effective date of this ordinance,
BB. Grab Sample, A sample which is taken from a wastestream on a one-time
basiswithout regard to the flow in the wastestream and without consideration of
time.
CC. Indirect Discharge or Discharge. The introduction of pollutants into the POTW
from any non-domestic source regulated under Section 307(b), (c), or (d) of the
Act. The discharge into the POTW is normally by means of pipes, conduits,
pumping stations, force mains, constructed drainage ditches, surface water
intercepting ditches, and all constructed devices and appliances appurtenant
thereto.
DD. Industrial Waste. Any liquid, solids, or gaseous substance, or combination thereof,
resulting from or used in connection with any process of industry, manufacturing,
commercial food processing, business, agriculture, trade or research, including, but
not limited to, development, recovering or processing of natural resources, and
leachate from landfills or other disposal sites.
EE. Instantaneous Limit. The maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the duration of the
sampling event.
FF. Interference. A discharge that alone, or in conjunction with a discharge or
discharges from other sources; (1) inhibits or disrupts the POTW, its treatment
processes or operations; (2) inhibits or disrupts its sludge processes, use or
disposal; or (3) is a cause of a violation of the City's NPDES permit or of the
prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued thereunder, or more
stringent State or local regulations: Section 405 - of the Clean Water Act; the Solid
Waste Disposal Act (SWDA), including Title H commonly referred to as the
Resource Conservation and Recovery Act (RCRA); any State regulations contained
in any State sludge management plan prepared pursuant to Subtitle D of the SWD;
the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
GG. Local Limit. Specific discharge limits developed and enforced by the City upon
nonresidential users to implement the general and specific discharge prohibitions
listed in 40 CFR 403.5(a)(1) and (b).
HH. Maximum Allowable Discharge Limit. The maximum concentration (or loading)
of a pollutant allowed to be discharged at any time, determined from the analysis of
any discrete or composite sample collected, independent of the industrial flow rate
and the duration of the sampling event.
II. Medical Wastes. Isolation wastes, infections agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, potentially contaminated laboratory wastes, and dialysis wastes.
JJ. Monthly Average. The sum of all "daily discharges" measured during a
calendarmonth divided by the number of "daily discharges" measured during that
month.
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KK. Monthly Average Limit. The highest allowable average of "daily discharges" over
a calendar month, calculated as the sum of all "daily discharges" measured during a
calendar month divided by the number of "daily discharges" measured during that
month.
MM. New Source.
(1) Any building, structure, facility, or installation from which there is (or may
be) a discharge of pollutants, the construction of which commenced after
the publication of proposed categorical pretreatment standards under
Section 307(c) of the Act which will be applicable to such source if such
standards are thereafter promulgated in accordance with that section,
provided that:
(a) The building, structure, facility, or installation is constructed at a
site at which no other source is located; or
(b) The building, structure, facility, or installation totally replaces the
process or production equipment that causes the discharge of
pollutants at an existing source; or
(c) The production or wastewater generating processes of the building,
at the same site. In determining whether these are substantially
independent, factors such as the extent to which the new facility is
integrated with the existing plant, and the extent to which the new
facility is engaged in the same general type of activity as the
existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a
new building, structure, facility, or installation meeting the criteria of
Section (1) (b) or (c) above but otherwise alters, replaces, or adds to
existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous on-site
construction program
(i) Any placement, assembly, or installation of facilities or
equipment; or
(ii) Significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or
facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of
facilities or equipment which is intended to be used in its operation
within a reasonable time. Options to purchase or contracts which
can be terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies do not
constitute a contractual obligation under this paragraph.
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NN. New User. A "new user" is a user that is not regulated under federal categorical
pretreatment standards but applies to the City for a building permit or occupies an
existing building and plans to commence discharge of wastewater to the POTW
after the effective date of this ordinance. Any person that buys an existing facility
that is discharging non-domestic wastewater will be considered an "existing user"
if no significant changes are made in the manufacturing operation.
PP. NPDES Permit. The City of Pocatello's National Pollutant Discharge Elimination
System Permit.
QQ. Pass Through. A discharge which exits the POT'W into waters of the United States
in quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement of the
City of Pocatello's NPDES permit, including an increase in the magnitude or
duration of a violation.
RR. Permittee. A person or user issued a wastewater discharge permit.
SS. Person. Any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other
legal entity; or their legal representatives, agents, or assigns. This definition
includes all Federal, State, or local governmental entities.
TT. pH. The negative logarithm of the effective hydrogen-ion concentration or
hydrogen activity in gram equivalents per liter used in expressing both acidity and
alkalinity on a scale whose values run from 0 to 14, with 7 representing neutrality,
numbers less than 7 increasing acidity, and numbers greater than 7 increasing
alkalinity.
UU. Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discharged equipment,
rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain
characteristics of the wastewater (e.g., pH, temperature, TSS, turbidity, color,
BOD, COD, toxicity, or odor).
VV. Pretreatment. The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior
to, or in lieu of, introducing such pollutants into the POTW. This reduction or
alteration can be obtained by physical, chemical, or biological processes; by
process changes; or by other means, except by diluting the concentration of the
pollutants unless allowed by an applicable pretreatment standard.
WW. Pretreatment Requirement. Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
XX. Pretreatment Standards or Standards. Prohibited discharge standards, categorical
pretreatment standards, and local limits and/or BMP's established by the POTW.
YY. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions
against the discharge of certain substances which appear in Section 13.20.030 of
this ordinance.
ZZ Publicly Owned Treatment Works (POTW). A "treatment works", as defined by
Section 212 of the Act (33 U.S.C. 1292), which is owned by the City. This
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definition includes any devices or systems used in the collection, storage,
treatment, recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment plant. This
term also means the City.
AAA. Sewer (Sanitary Sewer). The portions of the POTW which are designated by the
Superintendent to carry, treat, or dispose of wastewater not constituting storm or
surface water permitted by or under this ordinance to enter the POTW.
BBB. Septage Tank Waste. Any sewage from holding tanks such as vessels, cesspools,
chemical toilets, campers, trailers and septic tanks, or similar system that receives
only domestic waste.
CCC. Sewage. Human excrement and gray water (household showers, dishwashing
operations, etc.).
DDD. Shall, May. "Shall" is mandatory, "may" is permissive.
EEE. Significant Industrial User.
Except as provided in paragraphs (3) and (4) of this section, a Significant Industrial
User is:
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of twenty-five thousand (25,000) GPD or
more of process wastewater to the POTW (excluding sanitary, non -
contact cooling, and boiler blow down wastewater);
(b) Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
(c) Is designated as such by the City on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in Subsection (2) of this part
has no reasonable potential for adversely affecting the POTW's operation or
for violating any applicable pretreatment standard or requirement, the City
may at any time, on its own initiative or in response to a petition received
from a user and in accordance with procedures in 40 CFR 403.8(f) (6),
determine that such user should not be considered a significant industrial
user.
FFF. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which
could cause a violation of the prohibited discharge standards in Section 13.20.030
of this ordinance or any discharge of a non -routine, episodic nature, including but
not limited to, an accidental spill or a non -customary batch discharge.
GGG. Standard Industrial Classification (SIC) Code. A classification pursuant to the
Standard Industrial Classification manual issued by the United States Office of
Management and Budget.
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HHH. Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt, and is not
contaminated by any industrial process.
III. Superintendent. Generally the person designated by the City of Pocatello to
supervise the operation of the POTW, and who is charged with certain duties and
responsibilities by this ordinance, or the Superintendent's duly authorized
representative; provided however for operations within the City of Chubbuck, it
shall mean the public works director or the public works director's designee.
JJJ. Surcharge Limits. Abnormal strength wastes are charged additional fees.
Additional fees are charged per pound per 1,000 gallons in accordance with the
City's most current rate resolution.
KKK. Total Suspended Solids or Suspended Solids. The total suspended matter that
floats on the surface of, or in suspension in water, wastewater, or other liquid; and
which is removable by laboratory filtering.
LLL. Toxic Pollutants. Those pollutants, or combinations of pollutants, including
disease causing agents, which after discharge and upon exposure, ingestion,
inhalation or assimilation into any organism, either directly from the environment
or indirectly by ingestion through the food chains, will on the basis of information
available to the Superintendent, cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions (including malfunctions in
reproduction) or physical deformations, in such organisms or their offspring.
MMM. Treatment Plant Effluent. The discharge from the POTW into waters of the United
States.
NNN. User, Industrial User or Person. A source of indirect discharge. The source shall
not include "domestic user" as defined herein.
000. Upset. An exceptional incident in which a discharger unintentionally and
temporarily is in a state of non-compliance with the applicable pretreatment
standards due to factors beyond the reasonable control of the discharge, and
excluding non-compliance to the extent caused by operational error, improperly
designed treatment facilities, lack of preventive maintenance, or careless or
improper operation therefore.
PPP. Waste Hauler. Any individual, partnership, corporation, company, or other entity,
which transports or causes to be transported by truck, rail, or dedicated pipeline
any sewage.
QQQ. Wastewater. Liquid and water -carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which are contributed to
the POTW.
RRR. Wastewater Discharge Permit (Industrial Wastewater, Discharge Permit). An
authorization or equivalent control document issued by the City to users
discharging Wastewater to the POTW. The permit may contain appropriate
pretreatment standards and requirements as set forth in this ordinance.
SSS. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which
is designed to provide treatment of municipal sewage and industrial waste.
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13.20.025 Abbreviations:
The following abbreviations, when used in this ordinance, shall have the designated meanings:
ASPP - Accidental Spill Prevention Plan
BMP - Best Management Practice
BMR - Baseline Monitoring Report
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
CIU - Categorical Industrial User
EPA - U.S. Environmental Protection Agency
GPD - gallons per day
IU - Industrial User
IWA - Industrial Waste Acceptance
1 - liter
LC 150 - Lethal concentration for 50 percent of the test organisms
LEL - Lower Explosive Limit
mg -milligrams
mg/l - milligrams per liter
NPDES - National Pollutant Discharge Elimination System
NSCIU - Non- Significant Categorical Industrial User
O&M -Operation and Maintenance
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIC - Standard Industrial Classifications
SIU - Significant Industrial User
SNC - Significant Non -Compliance
SWDA - Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
TSS - Total Suspended Solids
USC -United States Code
13.20.030 Prohibited Discharge Standards:
A. General Prohibitions. No user shall introduce or cause to be introduced into the
POTW any pollutant or wastewater into the POTW that may cause, either alone or
by interaction with other materials, pass through or interference. These general
prohibitions apply to all users of the POTW whether or not they are subject to
categorical pretreatment standards or any other National, State, or local
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) Wastewater Containing substances:
(a) In concentrations that inhibit or interfere with the operation of
performance of the POTW; or
(b) That are not amenable to treatment or reduction by the sewage
treatment process employed, or are only partially amenable to
treatment, such that the POTW's effluent cannot meet the
requirement of any agency having jurisdiction over the POTW; or
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(c) In concentrations in excess of limitations imposed in a permit issued
by the City or other regulatory agency having jurisdiction; or
(d) That impair the use or disposal of POTW sludge and sludge
products pursuant to State and Federal statues, including, but not
limited to the Solids Waste Disposal Act (42 USC 6901), the Clean
Water Act (42 USC 1857), the Toxic Substance Control Act (15
USC 2601).
(2) Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, wastestreams with a closed -cup flashpoint of less than
140°F (60°C) using the test methods specified in 40 CFR 261.21. Pollutants
include but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, sulfides, and any other
substances which are or may be a hazard to the POTW.
(3) Wastewater having a pH less than 6.0 or more than 10.0, or otherwise
causing damage to structures, equipment, processes or personnel of the
POTW, unless these permit limits are modified by a wastewater discharge
permit, or by a special approved discharge authorization;
(4) Solid or viscous substance capable of obstructing wastewater which will or
may cause obstruction to the flow of the wastewater or other interference
with the operation of the POTW. In no instance may a substance be greater
than 3/8 inches (3/8") in any dimension;
(5) Pollutants, including oxygen -demanding pollutants (BOD, etc.), released in
a discharge at a flow rate and/or pollutant concentration which, either
singly or by interaction with other pollutants, will cause interference with
the POTW
(6) Wastes containing more than two hundred milligrams per liter (200 mg/L)
of total suspended solids in any one day; or wastes containing more than
two hundred milligrams per liter (200 mg/L) of Biochemical Oxygen
Demand in any one day unless specifically authorized by the
Superintendent;
(7) A flow of twenty five thousand (25,000) gpd or more per average workday
or a flow of five percent (5%) or more of the average dry weather hydraulic
or organic capacity of the treatment facility receiving waters; unless
specifically authorized by the Superintendent;
(8) Any liquid or vapor having a temperature which will inhibit biological
activity in the treatment plant resulting in interference, but in no case any
liquid or vapor which causes the temperature at the introduction into the
POTW to exceed 100°F (37.8°C) unless this limit is modified by an
wastewater discharge permit;
(9) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through.
(10) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and
safety problems;
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(11) Trucked or hauled pollutants, except at discharge points designated by the.
City.
(12) Noxious or malodorous liquids, gases, or solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a
public nuisance or a hazard to life, or health, or to prevent entry into the
sewers for maintenance or repair.
(13) Wastewater which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions, which consequently impart color to the treatment plant's effluent,
thereby violating the City's NPDES permit. Color (in combination with
turbidity) shall not cause the treatment plant effluent to reduce the depth of
the compensation point for photosynthetic activity by more than ten percent
(10%) from the seasonably established norm for aquatic life;
(14) Wastewater containing any radioactive wastes or isotopes except as
specifically approved by the Superintendent in compliance with applicable
State or Federal regulations;
(15) Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized
water, non -contact cooling water, and unpolluted wastewater, unless
specifically authorized by the Superintendent;
(16) Any sludges, screenings, or other residues from the pretreatment of
industrial wastes or from -industrial processes;
(17) Medical wastes, except as specifically authorized by the Superintendent.
(18) Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail a toxicity test;
(19) Detergents, surface-active agents, or other substances which may cause
excessive foaming in the POTW.
(20) Any liquid, solids, or gases which by reason of their nature or quantity are
or may be sufficient, either alone or by interaction with other substances, to
cause fire or explosion or be injurious in any way to the POTW or to the
operation of the POTW. At no time shall two (2) successive readings on an
explosion meter, at the point of discharge into the system (or at any point in
the system), be more than five (5%) per cent nor any single reading over ten
(10%) per cent of the lower explosive limit (LEL) of the meter.
(21) Grease, animal guts or tissues, paunch manure, bones, hair, hides or
fleshing, 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, wood, plastics, gas, tar asphalt
residues, residues froth refining or processing of fuel or lubricating oil,
mud, or glass grinding or polishing wastes, unusual concentrations of solids
such as, but not limited to, fuller's earth, lime slurries and lime residues, or
unusual concentrations of dissolved solids such as, but not limited to,
sodium chloride, calcium chloride, and sodium sulfate,
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(22)
Any substance which will cause the POTW to violate its NPDES and/or
other disposal system permits.
(23)
Any wastewater, which in the opinion of the Superintendent can cause
harm either to the sewers, sewage treatment process, or equipment; have an
adverse effect on the receiving stream; or can otherwise endanger life, limb;
public property, or constitute a nuisance, unless allowed under special
agreement by the Superintendent (except that no special waiver shall be
given from categorical pretreatment standards).
(24)
The contents of any tank or other vessel owned or used by any person in the
business of collecting or pumping sewage, effluent, septic tank Waste, or
other wastewater unless said person has first obtained testing and approval
as may be generally required by the City and paid all fees assessed for the
privilege of said discharge.
(25)
Any hazardous waste as defined in rules published by the State of Idaho or
in 40 CFR 261, including hazardous waste mixed with domestic waste
under EPA's Domestic Sewage Exemption-DSE rule through direct or
indirect connections to the wastewater collection system.
(26)
Persistent pesticides and/or pesticides regulated by the Federal Insecticide
Fungicide Rodenticide Act (FIFRA);
(27)
Chlorine demand of more than twenty milligrams per liter (20 mg/L);
unless specifically authorized by the Superintendent;
(28)
Discharge any wastewater to the street, storm drain, storm channel, parking
lots, service dock areas, or ground.
(29)
Grease Trap/Interceptor Treatment Products. Use of grease trap/interceptor
treatment products, including bacteria, designed to digest the grease, is
specifically prohibited.
(30)
Any substance which may cause the treatment facilities of the POTW to be
overloaded or cause excessive City collection or treatment costs, or may
use a disproportionate share of the POTW or its treatment facilities.
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.
13.20.035 Federal Cate orical Pretreatment Standards:
The National categorical pretreatment standards as amended and promulgated by EPA pursuant to
the Act and as found at 40 CFR Chapter I, Subchapter N, Parts 405-471, are herby incorporated
and shall be enforceable under this ordinance.
13.20.040 State Requirements:
State requirements. and limitations on discharges to the POTW shall be met by all users which are
subject to such standards in any instance in which they are more stringent than federal
requirements and limitations or those in this ordinance or in other applicable ordinances.
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13.20.045 Local Limit:
The following pollutant limits are established to protect against pass through and interference, No
person shall discharge wastewater containing pollutant levels in excess of the following' daily
maximum allowable discharge limits.
Pollutant
Arsenic
Cadmium
Chromium (total)
Copper
Cyanide
Fluoride
Lead
Mercury
Nickel
Silver
Zinc
Oil and grease (animal and vegetable based)
Oil and grease (petroleum based)
TTO (Total Toxic Organics)
pH minimum
pH maximum
Daily Maximum (mg/L)
0.06
0.2
2.8
0.5
0.2
32.0
0.3
0.0006
1.0
0.6
1.2
350.0
100.0
2.13
6.00
10.00
Note: 'TTO equals the summation of all values greater than 0.01 mg/l for each of the toxic
organics specified in 40 CFR 122, Appendix D.
Toxic Organic Management Plan (TOMP): Users with wastewater containing Total Toxic
Organics and discharge into the sanitary sewer must sample, as part of the application
requirements, for all toxic organics specified in 40 CFR 122, appendix D. (no exceptions); If
TTOs are found in the analyses, then the user may be required to continue to monitor for TTOs or
may be allowed by the City to develop a TOMP in lieu of continuously monitoring for TTO. The
user must routinely submit a certification statement as part of its self monitoring report which
asserts that no use of or discharge of toxic organics into the wastewater has taken place at any
time during the reporting period.
The above limits apply at the point where the wastewater is discharged to the POTW (end of pipe)
pretreatment and/or prior to mixing with dilution flows. All concentrations for metallic substances
are for "total" metals unless indicated otherwise. The Superintendent may impose mass limitations
in addition to (or in place of) the concentration -based limitations above. Where a user is subject to
a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit
of applicable pretreatment standard shall apply.
Centralized Waste Treatment Facilities: The City shall establish effluent limits for Centralized
Waste Treatment Facilities (CWT) in order that the level of pollution discharged from the CWT
through the POTW to the environment will not exceed the level that would be allowed if the
CWT discharged directly to the surface waters under Section 301 (b) (2) of the Act (33 U.S.C.
§ 1311). Additionally, centralized waste treatment facilities shall maintain records and submit
reports as directed by the City regarding SIC codes, company and authorized representative
names, addresses and phone numbers, of their customers and the frequency, characteristics, and
volumes of wastes from the various categories. The City acknowledges that industrial/commercial
wastes that originate outside of the City of Pocatello's service area requires written authorization
from the City of Pocatello to discharge (treated or untreated) to the municipal sanitary sewer and
that the City of Pocatello provides authorization is provided on a case by case basis.
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13.20.050 Right of Revision:
The City reserves the right to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW.
13.20.055 Special Agreements:
The City reserves the right to enter into special agreements with users setting out special terms
under which they may discharge to the POTW. In no case will a special agreement waive
compliance with a categorical pretreatment standard or a federal pretreatment requirement.
However, the user may request a net/gross adjustment to a categorical standard in accordance with
40 CFR 403.15. Users may also request a variance from the categorical pretreatment standard
from the approval authority in accordance with 40 CFR 403.13. Such a request will be approved
only if the user can prove that factors relating to its discharge are fundamentally different from the
factors considered by the EPA when establishing that pretreatment standard.
13.20.060 Dilution.
No user shall ever increase the use of process water, or in anyway attempt to dilute a discharge, as
a partial or complete substitute for adequate treatment to achieve compliance with an applicable
pretreatment standard or requirement unless expressly authorized by an applicable pretreatment
standard or requirement. The Superintendent may impose mass limitations on users which he
believes may be using dilution to meet applicable pretreatment standards or requirements or in
other cases when the imposition of mass limitations is appropriate.
13.20.065 Limitations on Point of Discharge:
No user shall discharge any waste or wastewater directly into a manhole or other opening unless
they have been issued a permit by the City. If a permit is issued for such discharge, the user shall
pay the applicable charges and fees and shall meet all conditions required by the permit.
13.20.070 Pretreatment Facilities:
Users shall provide necessary wastewater treatment as required to comply with this ordinance and
shall achieve compliance with all applicable pretreatment standards and requirements set out in
this ordinance within the time limitations specified by the EPA, the State, or the Superintendent,
whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to
the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing
the pretreatment facilities and operating procedures shall be submitted to the City for review and
shall be acceptable to the City before construction of the facility. The review of such plans and
operating procedures will in no way relieve the user from the responsibility of modifying the
facility as necessary to produce an acceptable discharge to the City under the provisions of this
ordinance. Additional pretreatement measures may include but are not limited to those set forth in
section 13.20.080.
13.20.075 Deadline for Compliance with Applicable Pretreatment Requirements:
Compliance by existing sources covered by categorical pretreatment standards shall be within 3
years of the date the standard is effective unless a shorter compliance time is specified in the
appropriate standard. The City shall establish a final compliance deadline date for any existing
user not covered by categorical pretreatment standards or for any categorical user when the local
limit for said user are more restrictive than the federal categorical pretreatment standard.
New source and new users are required to comply with applicable pretreatment standards within
the shortest feasible time, not to exceed 90 days from the beginning of discharge. New sources
and new users shall install, have in operating condition, and shall start up all pollution control
equipment required to meet applicable pretreatment standards before beginning to discharge.
Any wastewater discharge permit issued to a categorical user shall contain a compliance date
beyond any deadline date established in EPA's categorical pretreatment standards. Any other
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existing user or categorical user that must comply with a more stringent local limit which is in
non-compliance with any local limits shall be provided with a compliance schedule included in
the wastewater discharge permit to insure compliance within the shortest time feasible.
13.20.080 Additional Pretreatment:
A. Whenever deemed necessary, the Superintendent may require users to restrict their
discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sanitary sewers, relocate and/or consolidate points of
discharge, separate sewage waste streams from industrial waste streams, and such
other conditions as may be necessary to protect the POTW and determine the user's
compliance with the requirements of this ordinance.
B. The Superintendent may require any person discharging into the POTW to install
and maintain, on their property and at their expense, a suitable storage and flow -
control facility to ensure equalization of flow. A wastewater discharge permit may
be issued solely for flow equalization.
C. A grease interceptor or a grease trap is not considered to be properly maintained if
for any reason it is not in good working condition with all internal required
plumbing of proper design and length in place, or if the operational fluid capacity
has been reduced by more than twenty-five (25) percent by the accumulation of
floating and settled solids, oils, and greases. The owner of any premises required to
install a grease interceptor; the lessee and sub lessee, if there be such; and any
proprietor, operator, or superintendent of such facility are individually and
severally liable for any failure of proper maintenance of such grease interceptor.
If the grease interceptor is not maintained adequately under the conditions of use,
the grease interceptor shall be resized and the user shall install one which is
effective in accomplishing the intended purpose.
When a grease interceptor/trap is cleaned, the sidewalls shall be scraped and hosed
down, while all the solids and liquids contained are removed. All wastes removed
from any grease interceptor/trap shall be legally disposed of other than to the
sewer. The City of Pocatello specifically prohibits the following grease
interceptor/trap practices:
(a) Pumping to remove only accumulated sediments or floating materials;
(b) Pumping operations which specifically separate floating or sediment
interceptor solid wastes from wastewater and then return or decant the
separated wastewater back into the grease interceptor/trap;
(c) Transporting any hauled pollutants from another location for discharge into
a grease interceptor/trap.
Use of grease interceptor/trap treatment products, including bacteria, designed to
digest the grease, is specifically prohibited.
D. Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
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13.20.085 Accidental Spill Prevention Plans:
The Superintendent may require any user to develop and implement an accidental spill prevention
plan (ASPP) or slug control plan. Where deemed necessary by the City, facilities to prevent
accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's
cost and expense. An accidental spill prevention plan or slug control plan showing facilities and
operating procedures to provide this protection shall be submitted to the City for review, and
approval before implementation. The City shall determine which user is required to develop a
plan and require said plan to be submitted within sixty (60) days after notification by the City.
Each user shall implement its ASPP as submitted or as modified after such plan has been
reviewed and approved by the City. Review and approval of such plans and operating procedures
by the City shall not relieve the user from the responsibility to modify its facility as necessary to
meet the requirements of this ordinance.
A. Any user required to develop and implement an accidental spill prevention plan
shall submit a plan which addresses, at a minimum, the following;
(1) Description of discharge practices, including non -routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW of accidental or slug
discharges. Such notification must also be given for any discharge which
would violate any of the standards in Sections 13.20.030 through 13.20.045
of this ordinance; and
(4) Procedures to prevent adverse impact from 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 plant site runoff, worker training, building of
containment structures or equipment, measures for containing toxic organic
chemicals (including solvents), and/or measures and equipment for
emergency response.
B. Users shall notify the Pocatello Wastewater Treatment Plant immediately after the
occurrence of a slug or accidental discharge of substances regulated by this
ordinance. The notification shall include location of discharge, date and time
thereof, type of waste, concentration and volume, and corrective actions. Any
affected user shall be liable for any expense, loss or damage to the POTW, in
addition to the amount of any fines imposed on the City on account thereof under
State or Federal law.
C. Within five (5) days following an accidental discharge; the user shall submit to the
Superintendent a detailed written report describing the cause of the discharge and
the measures to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the POTW, fish kills, or
any other damage to person or property nor shall such notification relieve the user
of any fines, civil penalties, or other liability which may be imposed by this
ordinance or other applicable law.
D. Signs shall be permanently posted. in conspicuous places on the user's premises
advising employees whom to call in the event of a slug or accidental discharge.
Employers shall instruct all employees who may cause or discover such a discharge
with respect to emergency notification procedures.
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13.20.090 Septic Tank Waste:
A. Septic tank waste may be introduced into the POTW only at the designated
receiving structure within the treatment plant area, located at 10733 N. Rio Vista
Road, and at such times as are established by the Superintendent of the POTW. No
other point of discharge within the City's collection system will be allowed without
the expressed written permission of the Superintendent. The discharge of any
hauled waste to a point in the City's collection system, other than as specifically
designated by the Superintendent, shall be deemed a violation of these regulations
and shall be subject to enforcement action. Such wastes shall not violate any
section of the ordinance or any other requirements established or adopted by the
City.
B. All domestic septic tank waste, portable toilet waste or other hauled wasted
deemed acceptable by the Superintendent will be subject to the terms and
conditions contained in the City's General Regulations of Waste Haulers,
incorporated herein and made a part thereof.
C. Discharges of non-domestic hauled waste shall be subject to the applicable
prohibited discharges as set forth in Section 13.20.030 through 13.20.045 of this
ordinance, as well as any applicable Federal, State and local regulations governing
hauled waste or any conditions the Superintendent deems necessary for protection
of its treatment works.
D. Nothing contained in these regulations shall be construed as being preemptory of
any other regulations governing hauled waste, or waste haulers, or any business
activities pertaining to hauled waste, or as set forth in any Federal, State or local
guidance governing hauled waste.
E. Any waste hauler seeking to discharge hauled waste to the POTW, or to any
designated point within the City collection system, must have a City -approved
waste hauler's permit. No load may be discharged without prior consent of the
Superintendent of the POTW. The Superintendent may collect samples of each
hauled load to ensure compliance with applicable pretreatment standards. The
Superintendent may require the hauler to provide a waste analysis of any load prior
to discharge. The Superintendent 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.
F. Waste haulers must provide a waste -tracking form for every load. A waste -tracking
form approved by the POTW shall be used to record every load that is delivered to
the POTW. Failure to accurately record every load, falsification of data or failure
to transmit the form to the Superintendent prior to discharge into the POTW may
result in revocation of this permit.
G. Fees for dumping hauled wastes shall be charged each time a waste hauler delivers
or causes to be delivered a load for discharge, based on tank size. Such fees shall
be set from time to time by resolution of the Pocatello City Council. Failure to pay
the fees within thirty (30) days of the billing date shall be cause for revocation of
the waste hauler discharge permit.
H. Liability insurance is required. Each waste hauler must carry commercial general
liability insurance in such amount and in such form as shall be determined by the
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City and specified as part of the permit. The City and the City of Pocatello shall be
named as an additional insured party in the policy. Proof of insurance coverage
must be provided to the City prior to the issuance of the permit and annually as
long as the permit is in effect.
13.20.095 Wastewater Analysis:
When requested by the Superintendent, a user must submit information on the nature and
characteristics of its wastewater within thirty (30) days of the request. The Superintendent is
authorized to prepare a form for this purpose and may periodically require users to update this
information.
13.20.100 Wastewater Discharge Permit Requirements:
No significant industrial user shall discharge wastewater into the POTW without first obtaining a
wastewater discharge permit from the Superintendent; the permit must be enforceable and contain
all the elements as required by 40 CFR 403.8(f) (1) (iii) (B). Any violation of the terms and
conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and
subjects the wastewater discharge permittee to the sanctions set forth in this ordinance. Obtaining
a wastewater discharge permit does not relieve a permittee of its obligation to comply with all
Federal, State and local standards and requirements or with any other requirements of Federal,
State and local law.
The Superintendent may require other users to obtain wastewater discharge permits as necessary
to carry out the purposes of this ordinance.
13.20.105 Wastewater Discharge Permitting —Existing Source and Existing User:
Any user required to obtain a wastewater discharge permit who was discharging wastewater into
the POTW prior to the effective date of this ordinance and who wishes to continue such
discharges in the future shall, within sixty (60) days after notification by the Superintendent,
submit a wastewater discharge permit application to the City in accordance with Section
13.20.120 of this ordinance.
13.20.110 Wastewater Discharge Permitting—New Source and New User:
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 beginning or recommencing of such
discharge. An application for a wastewater discharge permit, in accordance with Section
13.20.120 of this ordinance, must be filed ninety (90) days prior to the date upon which any
discharge will begin or commence.
13.20.115 Wastewater Discharge Permitting: Multijurisdictional Users:
Any existing user who is located beyond the City limits and who is required to obtain a
wastewater discharge permit shall submit a wastewater discharge permit application as outlined in
Section 13.20.105. New source and new users who are located beyond the City limits and who are
required to obtain a wastewater discharge permit shall comply with Section 13.20.110.
If another municipality, or user located within another municipality, contributes wastewater to the
POTW, the Superintendent shall enter into a multijurisdictional agreement with the contributing
municipality. Prior to entering into said agreement, the Superintendent shall request a description
of the quality and volume of wastewater discharging to the POTW, an inventory of all users
located within the contributing municipality, and such other information as the Superintendent
may deem necessary from the contributing municipality.
A multijurisdictional agreement, as required above, shall contain at a minimum the following
conditions:
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A. A requirement for the contributing municipality to adopt a sewer use ordinance
which is at least as stringent as this ordinance, The requirement shall specify that
such ordinance and limits must be revised as necessary to reflect changes made to
the City's ordinance and/or local limits.
B. A requirement for the contributing municipality to submit a revised user inventory
on at least an annual basis;
C. A provision specifying which pretreatment implementation activities, including
individual wastewater discharge permit, inspection and sampling, and enforcement,
will be conducted by the contributing municipality; and which of these activities
will be conducted jointly by the contributing municipality and the Superintendent;
D. A requirement for the contributing municipality to provide the Superintendent with
access to all information that the contributing municipality obtains as part of its
pretreatment activities;
E. Limits on the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the POTW;
F. Requirements for monitoring the contributing municipality's discharge;
G. A provision ensuring the Superintendent access to the facilities of users located
within the contributing municipality's jurisdictional boundaries for the purpose of
inspection, sampling, and any other duties deemed necessary by the
Superintendent; and
H. A provision specifying remedies available for breach of the terms of the
Multijurisdictional agreement.
13.20.120 Wastewater Discharge Permit Application Contents:
All users required to obtain a wastewater discharge permit must submit, at a minimum, the
following information. The Superintendent shall approve a form to be used as a permit
application. Categorical users submitting the following information shall have complied with 40
CFR 403.12(b).
A. Identifying Information.
1. The name and address of the facility, including the name of the operator
and owners;
2. Contact information, description of activities, facilities, and plant
production processes on the premises;
B. Environmental Permits. A list of all environmental control permits held by or for
the facility;
C. Description of Operations.
1. A brief description of the nature, average rate of production (including each
product produced by type, amount, processes, and rate of production), and
Standard Industrial Classification of the operation(s) carried out by such
user. The description shall include a schematic process diagram which
indicates points of discharge to the POTW from the regulated or
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manufacturing processes; site plans; floor plans; mechanical and plumbing
plans; and details to show all sanitary sewers; floor drains; mechanical and
plumbing plans; and details to show all sewers; sewer connections;
inspection manholes; sampling chambers and appurtenances by size,
location and elevation.
2. A list of all raw materials and chemicals used or stored at the facility which
are or could be accidentally or intentionally be discharged to the POTW;
Number and type of employees and hours of operation;
4. Each product produced by type, amount, process or processes, and rate of
production
5. Type and amount of raw materials processed (average and maximum per
day) and the time and duration of discharges;
D. Flow Measurement.
Categorical User: The user shall submit information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW from all regulated
or manufacturing process streams and other streams as necessary to allow use of
the combined wastestream formula [40 CFR 403.6(e)],
Non -Categorical User: The user shall submit information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW for total
process flow, wastewater treatment plant flow, total plant flow, individual
manufacturing process flow as required by the Superintendent,
E. Measurements of Pollutants.
Categorical User:
1. The user shall identify the applicable pretreatment standards for each
regulated or manufacturing process.
2. In addition, the user shall submit the results of sampling and analysis
identifying the nature and concentration (or mass where required by the
categorical pretreatment standard or as required by the City), of regulated
pollutants in the discharge from each regulated or manufacturing process.
Instantaneous, daily maximum, and average concentrations, (or mass where
required) shall be reported. The sample shall be representative of daily
operations and shall conform to the sampling and analytical procedures
outlined in this ordinance. Where the standard requires compliance with a
BMP or pollution prevention alternative, the user shall submit
documentation as required by the Superintendent or the applicable
pretreatment standards to determine compliance.
3. The user shall take a minimum of one representative sample to compile that
data necessary to comply with the requirements of this paragraph.
4. Where an alternate concentration or mass limit has been calculated in
accordance with 40 CFR 403.6(e) for a categorical user, this adjusted limit
along with supporting data shall be submitted as part of the application.
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Non -Categorical User
1. The user shall identify the applicable pretreatment standards for its
wastewater discharge.
2. In addition, the user shall submit the results of sampling and analysis
identifying the nature and concentration in the discharge (or mass where
required by the City) of regulated pollutants as appropriate. Both the daily
maximum and average concentration (or mass, where required) shall be
reported. The sample shall be representative of daily operations and shall
conform to sampling and analytical procedures as outlined in this
ordinance.
3. The user shall take a minimum of one representative sample to compile the
data necessary to comply with the requirements of this paragraph.
4. Where the Superintendent developed alternative concentration or mass
limits because of dilution, this adjusted limit along with supporting data
shall be submitted as part of the application.
F. Certification. The user shall submit a statement, worded as specified in Section
13.20.125, which has been reviewed by an authorized representative of the user,
and certified by a qualified professional, indicating whether the applicable
pretreatment standards are being met on a consistent basis, and if not, whether
additional operation and maintenance (0 & M) and/or additional pretreatment is
required for the user to meet the applicable pretreatment standards and
requirements.
G. Compliance Schedule. If additional pretreatment and/or O&M will be required to
meet the applicable pretreatment standards, the user shall submit shortest schedule
by which the user will provide such additional pretreatment and/or O&M must be
provided. The completion date, in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. A
compliance schedule pursuant to this section must meet the requirements set out in
Section 13.20.180 of this ordinance.
1. Applicable information to meet new or revised pretreatment standards as
outlined in 13.20.170 of this ordinance.
2. Any requests for a monitoring waiver (or a renewal of an approved
monitoring waiver) for a pollutant neither present nor expected to be
present in the discharge based on 40 CFR 403.12(e)(2).
4. Any other information as may be deemed necessary by the Superintendent
to evaluate the permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for
revision.
13.20.125 Signatory and Certification Requirement:
All wastewater discharge permit applications and user reports must be signed by a responsible
officer or manager, or sole proprietor or general partner as applicable, or duly authorized
representative as defined in Section 13.20.020 D of this ordinance.
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Certification of permit applications, user reports and initial monitoring waiver. The following
certification statement is required to be signed and submitted by users submitting permit
applications, users submitting baseline monitoring reports, users submitting reports on compliance
with the categorical pretreatment standard deadlines, users submitting periodic compliance
reports, and users submitting an initial request to forego sampling of a pollutant/ the following
certification statement must be signed by an authorized representative as defined in 13.20.075 D
of this ordinance.
"I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons 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 fine and imprisonment for
knowing violations."
13.20.130 Wastewater Discharge Permit Decisions:
The Superintendent will evaluate the data furnished by the user and may require additional
information. Within sixty (60) days of receipt of a complete individual wastewater discharge
permit application, the Superintendent will determine whether or not to issue a wastewater
discharge permit. Upon a determination to issue, the permit shall be issued within thirty (30) days
of full evaluation and acceptance of the data furnished. The Superintendent may deny any
application for a wastewater discharge permit.
13.20.135 Wastewater Discharge Permit Contents:
Wastewater discharge permits shall include such conditions as are deemed reasonably necessary
by the Superintendent to prevent pass through or interference, protect the quality of the water
body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge
management and disposal, and protect against damage to the POTW
A. A wastewater discharge permit must contain the following conditions:
(1) A statement that indicates the individual wastewater discharge permit
issuance date, effective date, expiration date, and permit duration, which in
no event shall exceed five (5) years. Permits issued to non-SIUs and non-
CIUs will include a statement indicating the issuance date and the effective
date but may not require an expiration date.
(2) A statement that the individual wastewater discharge permit is non-
transferable without prior notification to and approval from the City, and
provisions for furnishing the new owner or operator with a copy of the
existing individual wastewater discharge permit;
(3) Applicable pretreatment standards and requirements, including any special
State requirements;
(4) Self monitoring, sampling, reporting, notification, submittal of technical
reports, compliance schedules, and record-keeping requirements. These
requirements shall include an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type based on Federal,
State, and local law;
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(5) Requirement for immediate notification to the City where self-monitoring
results indicate non-compliance;
(6) Requirement to report a bypass or upset of a pretreatment facility;
(7) Requirement to report immediately to the City all discharges, including slug
loadings, that could cause problems to the POTW;
(8) Requirement for the SN who reports non-compliance to repeat the
sampling and analysis and submit results to the City within thirty. (30) days
after becoming aware of the violation.
(9) A statement of applicable civil, criminal, and administrative 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 law;
(10) Requirements to control slug discharges, if determined by the POTW to be
necessary.
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 of 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 routine
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 discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow monitoring devices;
(7) A statement that compliance with the wastewater discharge permit does not
relieve the permittee of responsibility for compliance with all applicable
Federal, State, and local pretreatment standards, including those which
become effective during the term of the wastewater discharge permit;
(8) Any special agreements the Superintendent chooses to continue or develop
between the City and user;
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(9) Other conditions as deemed appropriate by the Superintendent to ensure
compliance with this ordinance, and Federal, State and local laws, rules,
and regulations.
13.120.140 Wastewater Discharge Permit Appeals:
Any person, including the user, may petition the City Council for reconsideration of the terms of a
wastewater discharge permit within ten (10) days of the issuance.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
B. In its petition, the appealing party must indicate the individual wastewater
discharge permit provisions objected to, the reasons for this objection and the
alternative condition, if any, it seeks to be placed in the wastewater discharge
permit.
C. The effectiveness of the wastewater discharge permit shall not be stayed pending
the appeal.
D. If the City fails to act within fifteen (15) days from the receipt of a petition for
review, a request for reconsideration shall be deemed to be denied. Decisions not
to reconsider a wastewater discharge permit, not to issue a wastewater discharge
permit, or not to modify a wastewater discharge permit shall be considered final
administrative action for purposes of judicial review.
E. Aggrieved parties seeking review of the final administrative wastewater discharge
permit decision must do so by filing a complaint with the District Court of the
Sixth Judicial District in and for the County of Bannock for jurisdiction within two
(2) years from the date of the date of said final decision.
13.20.145 Wastewater Discharge Permit Duration:
Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5)
years. A wastewater discharge permit may be issued for a period of less than five (5) years, at the
discretion of the Superintendent. The wastewater discharge permit will indicate a specific date
upon which it will expire.
Permits issued to minor users (restaurants, automotive shops, etc.) may be issued without an
expiration date.
13.20.150 Wastewater Discharge Permit Modification:
The Superintendent may modify the wastewater discharge permit at any time for good cause,
including, but not limited to, the following:
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;
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D. Information indicating that the permitted discharge poses a threat to the City's
POTW, City 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 of or a 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; or
I. To reflect a transfer of the facility ownership and/or operation to a new owner or
operator. Modification for this purpose may not be allowed unless the individual
wastewater discharge permit is transferable as provided in Section 13.20.155 of
this ordinance.
13.20.155 Wastewater Discharge Permit Transfer:
Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator
only if the permittee gives at least thirty (30) days advance notice to the Superintendent and the
Superintendent approves the wastewater discharge permit transfer. The notice to the
Superintendent must include a written certification by the new owner and/or operator which:
A. States that the new owner and/or operator have no immediate intent to change the
facility's operations and processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Assumes full responsibility for complying with the existing wastewater discharge
permit beginning on the date'of the transfer.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of
the date of facility transfer.
Provided that the notice required above occurred and that there were no significant changes to the
manufacturing operation or wastewater discharge, the new owner will be considered an existing
user and will be covered by the existing limits and requirements in the previous owner's permit.
13.20.160 Wastewater Discharge Permit Revocation:
The Superintendent may revoke a wastewater discharge permit for, but not limited to, the
following reasons:
A. Failure to notify the Superintendent of significant changes to the wastewater prior
to the changed discharge;
B. Failure to provide prior notification to the Superintendent of changed conditions;
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;
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F. Refusing to allow the City timely access to the facility premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer 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 a permitted facility,
M. Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this ordinance; or
N. If the City has to invoke its emergency provision as cited in Section 13.20.305 or
its non -emergency provision as cited in Section 13.20.3 10 of the ordinance;
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of
business ownership. All wastewater discharge permits issued to a partieular user are void upon the
issuance of a new wastewater discharge permit to that user.
13.20.162 Wastewater Discharge Permit Modification or Revocation Appeals:
Any interested person, including the user, may petition to the City Council for reconsideration of a
wastewater discharge permit modification or transfer within ten (10) days of the issuance of said
modification or revocation.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
B. In its petition, the appealing party must indicate the individual wastewater
discharge permit modification or revocation objected to, the reasons for this
objection and an alternative proposal, if any, it seeks to be applied to the
wastewater discharge permit.
C. The effectiveness of the wastewater discharge permit modification or revocation
shall not be stayed pending the appeal.
D. If the City fails to act within thirty (30) days from the receipt of a petition for
review, a request for reconsideration shall be deemed to be denied. Decisions not
to reconsider the modification or revocation of a wastewater discharge permit shall
be considered final administrative action for purposes of judicial review.
E. Aggrieved parties seeking review of the final administrative wastewater discharge
permit decision must do so by filing a complaint with the District Court of the
Sixth Judicial District in and for the County of Bannock within two (2) years from
the date of said final decision.
13.20.165 Wastewater Discharge Permit Reissuance:
A user who is required to have a wastewater discharge permit shall apply for wastewater discharge
permit reissuance by submitting a complete wastewater discharge permit application, in
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accordance with Section 13.20.120 of this ordinance, a minimum of ninety (90) days prior to the
expiration of the user's existing wastewater discharge permit. A user whose existing wastewater
discharge permit has expired and who has submitted its re-application in the time period specified
herein shall be deemed to have an effective wastewater discharge permit until the City issues or
denies the new wastewater discharge permit. A user whose existing wastewater discharge permit
has expired and who failed to submit its re-application in the time period specified herein will be
deemed to be discharging without a wastewater discharge permit.
13.20.170 Baseline Monitoring Reports:
Users that become subject to new or revised pretreatment standards are required to comply with
the following reporting requirements even if they have been designated as non-significant
categorical users.
A. Within either one hundred eighty (180) days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a categorical
determination under the 40 CFR 403.6(a) (4), whichever is later, existing
categorical users currently discharging to or scheduled to discharge to the POTW,
or any other user at the request of the City, shall be required to submit to the City a
report which contains the information listed in paragraph B, below. At least ninety
(90) days prior to commencement of their discharge, new sources, and sources that
become categorical users subsequent to the promulgation of an applicable
categorical standard, shall be required to submit to the City a report which contains
the information listed in section 13.20.120 of this ordinance. A new source shall
report the method of pretreatment it intends to use to meet applicable categorical
standards. A new source shall also give estimates of its anticipated flow and
quantity of pollutants to be discharged.
B. Compliance Schedule. If additional pretreatment and/or Operations and
Maintenance (O&M) will be required to meet the pretreatment standards, the
shortest schedule by which the user will provide such additional pretreatment
and/or O&M must be provided. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment standard.
A compliance schedule pursuant to this section must meet the requirements set out
in Section 13.20.180 of this ordinance.
C. Where the user's categorical pretreatment standard has been modified by a removal
allowance (40 CFR 403.7), the combined wastestream formula [40 CFR 403.6(e)],
and/or a Fundamentally Different Factors variance (40 CFR 403.13) at the time the
user submits the report required by this paragraph, the information required by
paragraphs (3) and (4) of this section shall pertain to the modified limits.
D. If the categorical pretreatment standard is modified by a removal allowance (40
CFR 403.7), the combined wastestream formula CFR 403.6(e)1, and/or a
Fundamentally Different Factors variance (40 CFR 403.13) after the user submits
the report required by paragraphs (3) and (4) of this section, then a report
containing modified information shall be submitted by the user within 60 days after
the new limit is approved.
E. All baseline monitoring reports must be certified in accordance with Section
13.20.125 of this ordinance and signed by an authorized representative as, defined
in Section 13.20.020 D of this ordinance.
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13.20.175 Final Compliance Report (Initial Compliance Report):
A. Within ninety (90) days following the date for final compliance of an existing
significant industrial user with applicable pretreatment standards and requirements
set forth in this ordinance, in federal categorical standards, or in a wastewater
discharge permit, or, within thirty (30) days following commencement of the
introduction of wastewater into the POTW by a new source or, a new user
considered by the City to fit the definition of SN, any user subject to this
ordinance shall submit to the City a report containing the information outlined in
Section 13.20.120 and 13.20.170 of this ordinance.
B. For users subject to equivalent mass or concentration limits established by the City
in accordance with procedures established 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.
13.20.180 Periodic Compliance Report:
Any users may be required to submit periodic compliance reports by permit or at the request of the
Superintendent.
A. All significant industrial users shall comply with all applicable requirements under
40 CFR 403.12 and submit to the City during the months of June and December,
unless required on other dates or more frequency by the City, a report indicating
the nature of the effluent over the previous reporting period. The frequency of
monitoring shall be as prescribed within the industrial waste discharge permit. At a
minimum, users shall sample their discharge at least twice per year. In cases where
Best Management Practice (BMP) or pollution prevention alternatives are required,
the user must submit documentation required by the Superintendent or the
applicable pretreatment standard necessary to determine the compliance status of
the user.
B. The report shall include a record of the concentration (and mass if specified in the
wastewater discharge permit) of the pollutants listed in the wastewater discharge
permit that were measured and record of all flow measurements (average and
maximum) taken at the designated sampling locations and shall also include any
additional information required by this ordinance or wastewater discharge permit.
Production data shall be reported if required by the wastewater discharge permit:
Both daily maximum and average concentration (or mass, where required) shall be
reported. If a user sampled and analyzed more frequently than what was required
by the City or by this ordinance, using methodologies in 40 CFR 136, it must
submit all results of sampling and analysis of the discharge during the reporting
period.
C. Any user subject to equivalent mass or concentration limits established by the City
or by unit production limits specified in the applicable categorical pretreatment
standards shall report production data as outlined in Section 13.20.175 of this
ordinance.
D. If the City calculated limits to factor out dilution flows or non-regulated flows, the
user will be responsible for providing flows from the regulated process flows,
dilution flows, and non-regulated flows.
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E. Flows shall be reported on the basis of actual measurement, provided, however,
that the City may accept reports of average and maximum flows estimated by
verifiable techniques if the City determines that an actual measurement is not
feasible.
F. Discharges sampled shall be representative of the user's daily operation and
samples shall be taken in accordance with the requirements specified in Section
13.20.225 and 13.20.230 of this ordinance.
G. The City may require reporting by users that are not required to have an industrial
wastewater discharge permit if information or data is needed to establish a sewer
charge, determine the treatability of the effluent, or determine any other factor
which is related to the operation and maintenance of the sewer system.
H. The City may require self-monitoring by the user or, if requested by the user, the
City may agree to perform periodic compliance monitoring needed to prepare the
periodic compliance report required under this section. If the City agrees to
perform such periodic compliance monitoring, it may charge the user for such
monitoring, based upon the costs incurred by the City for the sampling and
analyses. Any such charges shall be added to the normal sewer charge and shall be
payable as part of the sewer. bills. The City is under no obligation to perform
periodic compliance monitoring for a user.
13.20.185 Compliance Schedules for Meeting Applicable Pretreatment Standards:
A. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the user to meet the applicable
pretreatment standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing
construction, completing construction, etc.).
B. No increment referred to in paragraph (A) of this section shall exceed 9 months.
C. Not later than 14 days following each date in the schedule and the final date for
compliance, the user shall submit a progress report to the City including, at a
minimum, whether or not it complied with the increment of progress to be met on
such date and, if not, the date on which it expects to comply with this increment of
progress, the reason for the delay, and the steps being taken by the user to return
the construction to the schedule established. In no event shall more than 9 months
elapse between such progress reports.
13.20.190 Notification of Significant Production Changes:
Any user operating under a wastewater discharge permit incorporating equivalent mass or
concentration limits shall notify the City within two (2) business days after the user has a
reasonable basis to know that the production level will significantly change within the calendar
month. Any user not providing a notice of such anticipated change will be required to comply
with the existing limits contained in its wastewater discharge permit.
A. The Superintendent may require the user to submit such information as may be
deemed necessary to evaluate the changed condition, including the submission of a
wastewater discharge permit application under Section 13.20.120 of this ordinance.
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B. The Superintendent may issue a wastewater discharge permit under Section
13.20.165 of this ordinance or modify an existing wastewater discharge permit
under Section 13.20.150 of this ordinance in response to changed conditions or
anticipated changed conditions.
13.20.195 Hazardous Waste Notification:
Any user that is discharging more than 15 kilograms of hazardous wastes as defined in 40 CFR
261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of
acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide
notification in writing to the City and a one time notification in writing to the EPA Region 10
Office of Air, Waste, and Toxic Director, and to the State of Idaho Department of Environmental
Quality Hazardous Waste Manager within ten (10) days of discovery that said discharge occurred.
Any existing user exempt from this notification shall comply with the requirements contained
herein within 30 days of becoming aware of a discharge of 15 kilograms of hazardous wastes in a
calendar month or any discharge of acutely hazardous wastes to the POTW.
Such notification shall include:
A. The name of the hazardous waste as set forth in 40 CFR 261,
B. The EPA Hazardous waste number; and
C. The type of discharge (continuous, batch, or other).
D. If an industrial user discharges more than 100 kilograms of such waste per calendar
month to the POTW, the notification shall also contain the following information
to the extent it is known or readily available to the industrial user:
(1) An identification of the hazardous constituents contained in the wastes,
(2) An estimation of the mass and concentration of such constituents in the
waste streams discharged during that calendar month, and
(3) An estimation of the mass of constituents in the wastestream expected to be
discharged during the following 12 months.
These notification requirements do not apply to pollutants already reported under the self-
monitoring requirements.
Whenever the EPA publishes final rules identifying additional hazardous wastes or new
characteristics of hazardous waste, a user shall notify the City of the discharge of such a substance
within 90 days of the effective date of such regulations.
In the case of any notification made under this paragraph, an industrial 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.
This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this ordinance, a wastewater discharge permit issued thereunder, or any applicable
Federal, State and local law.
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13.20.200 Notice of Potential Problems, Including Accidental Spills, Slug Loads:
A. In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomery batch discharge, a slug
discharge or slug load, that might cause potential problems for the POTW, the user
shall immediately telephone and notify the POTW 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. Any user who
discharges a slug load of pollutants shall be liable for any expense, loss, or damage
to the POTW, in addition to the amount of any fines imposed on the City under
Federal, State or local law.
B. Within five (5) days following such discharge, the user shall, unless waived by the
City, submit a detailed written report describing the cause(s) of the discharge and
the measures to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage, or other
liability which might be incurred as a result of damage to the POTW, natural
resources, or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties, or other liability which may be imposed
pursuant to this ordinance.A notice shall be permanently posted on the user's
bulletin board or other prominent place advising employees who to call in the
event of a discharge described in paragraph A, above. Employers shall ensure that
all employees, who could cause such a discharge to occur, are advised of the
emergency notification procedure.
C. Users are required to notify the POTW immediately of any changes at its facility
affecting the potential for a slug discharge.
13.20.205 Non -Compliance Reporting:
If sampling performed by a user indicates a violation, the user shall notify the Superintendent
within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the
sampling and analysis for two (2) consecutive days, within five (5) days of becoming aware of the
violation. The results of the repeat analysis shall be submitted to the City within thirty (30) days
after becoming aware of the violation. Where the City has performed the sampling and analysis in
lieu of the industrial user, the City must performed the repeat sampling and analysis unless it
notifies the user of the violation and requires the user to perform the repeat analysis. Resampling
is not required if:
A. The City performs sampling and analysis at the user at a frequency of at least once
per month, or
B. The City performs sampling and analysis at the user between the time when the
initial sampling was conducted and the time when the user or the City receives the
results of this sampling analysis.
13.20.210 Notification of Changed Discharge:
All users shall promptly notify the POTW in advanced of any substantial change in the volume or
character of pollutants in their discharge, including significant manufacturing process changes,
pretreatment modifications, and the listed characteristic hazardous wastes for which the user has
submitted initial notification under 40 CFR 403.12 (p).
13.20.215 Reports from Un -Permitted Users:
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to
the City as the Superintendent may require.
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13.20.220 Record Keeping:
Users subject to the reporting requirements of this ordinance shall retain, and make available for
inspection and copying all records of information obtained pursuant to any monitoring activities
required by this ordinance and any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements. Records shall
include the date, exact place, method, and time of sampling and the name of the person(s) taking
the samples; the dates analyses were performed; who performed the analyses; the analytical
techniques or methods used; and the results of such analyses including documentation associated
with Best Management Practices. These records shall remain available for a period of at least
three (3) years. This period shall be automatically extended for the duration of any litigation
concerning the user or the POTW, or where the user has been specifically notified of a longer
retention period by the Superintendent.
13.20.225 Sampling Requirements:
Samples collected to satisfy reporting requirements must be based on data obtained through
appropriate sampling and analysis performed during the period covered by the report, based on
data that is representative of conditions occurring during the reporting period.
A. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide,
and volatile organic compounds. For all other pollutants, 24-hour composite
samples must be obtained through flow proportional composite sampling
techniques, unless time proportional composite sampling or grab sampling is
authorized by the City, the samples must be representative of the discharge and the
decision to allow the alternative sampling must be documented in the industrial
user file for that facility or facilities. Using protocols (including appropriate
preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple
grab samples collected during a 24-hour period may be composited prior to the
analysis as follows: for cyanide, total phenols, and sulfides the samples may be
composited in the laboratory or in the field; for volatile organics and oil and grease,
the samples may be composited in the laboratory. Composite samples for other
parameters unaffected by the compositing procedures as documented in approved
EPA methodologies may be authorized by the City, as appropriate. In addition,
grab samples may be required to show compliance with instantaneous limits.
B. For sampling required in support of baseline monitoring and 90 -day compliance
reports, a minimum of four (4) grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfide and volatile organic compounds for facilities for
which historical sampling data do not exist; for facilities for which historical
sampling data are available, the Superintendent may authorize a lower minimum.
For the reports required by 40 CFR 403.12(e) and 403.12(h), the user is required to
collect the number of grab samples necessary to assess and assure compliance with
applicable pretreatment standards and requirements.
C. Samples shall be taken immediately downstream from the pretreatment facilities if
such exist, immediately downstream from the regulated or manufacturing process
if no pretreatment exists, or at a location determined by the City and specified in
the user's wastewater discharge permit. For categorical users, if other wastestreams
are mixed with the regulated wastewater prior to pretreatment, the user shall
measure the flows and concentrations necessary to allow use of the combined
wastestream formula of 40 CFR 403.6 (e) in order to evaluate compliance with the
applicable categorical pretreatment standards. For other users, for which the City
has adjusted local limits to factor out dilution flows, the user shall measure the
flows and concentrations necessary to evaluate compliance with the adjusted
pretreatment standard(s).
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D. All sample results shall indicate the time, date and place of sampling and methods
of analysis and shall certify that the wastestream sampled is representative of
normal work cycles and expected pollutant discharges from the user. If a user
sampled and analyzed more frequently than what was required in its individual
wastewater discharge permit using methodologies in 40 CFR 136, it must submit
all results of sampling and analysis of the discharge as part of its self-monitoring
report.
13.20.230 Analytical Requirements:
All pollutant analyses, including sampling techniques, shall be in accordance with the techniques
prescribed in 40 CFR 136 and amendments thereto, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the EPA determines that 40 CFR 136 sampling
and analytical techniques are inappropriate for the pollutant in question, sampling and analyses
must be performed in accordance with procedures approved by the EPA.
13.20.235 City Monitoring of User's Wastewater:
The City will follow the same procedures as outlined in Sections 13.20.225 and 13.20.230 of this
ordinance.
13.20.245 Inspection and Sampling - Right of Entry:
The City shall have the right to enter the facility of any user to ascertain whether the purpose of
this ordinance and any wastewater discharge permit or order issued hereunder is being met and
whether the user is complying with all requirements thereof. Users shall allow the Superintendent
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 which 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 Superintendent will be permitted to enter without delay for the
purposes of performing specific responsibilities.
B. The Superintendent shall have the right to set up on the user's property, or require
installation of, such devices as are necessary to conduct sampling and/or metering
of the user's operations.
C. 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 Superintendent and shall not be replaced. The costs of
clearing such access shall be borne by the user.
D. Unreasonable delays in allowing the Superintendent access to the user's premises
shall be a violation of this ordinance.
3.20.250 Monitoring Facilities.
A. Each user shall provide and operate at its own expense a monitoring facility to
allow inspections, sampling, and flow measurements of each sewer discharge to
the City. Each monitoring facility shall be situated on the user's premises, except,
where such a location would be impractical or cause undue hardship on the user,
the City may concur with the facility being constructed in the public street or
sidewalk area, providing that the facility is located so that it will not be obstructed
by landscaping or parked vehicles, The Superintendent, whenever applicable, may
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require the construction and maintenance of sampling facilities at other locations
(for example, at the end of a manufacturing line or a wastewater treatment system).
B. There shall be ample room in or near such sampling facility to allow accurate
sampling and preparation of samples for analysis. The facility, including the
sampling and measuring equipment, shall be maintained at all times in a safe and
proper operating condition at the expense of the user.
C. The Superintendent may require the user to install equipment as necessary. All
monitoring facilities shall be constructed and maintained in accordance with all
applicable local construction standards and specifications. All devices used to
measure wastewater flow and quality shall be calibrated to ensure their accuracy.
13.20.255 Search Warrants:
If the Superintendent has been refused access to a building, structure or property, or any part
thereof, and is able to demonstrate probable cause to believe that there maybe a violation of this
ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and
sampling program of the City designed to verify compliance with this ordinance or any
wastewater discharge permit or order issued hereunder, or to protect the overall public health,
safety and welfare of the community, the Superintendent shall seek issuance of a search warrant
from the District Court of the Sixth Judicial District in and for the County where the property is
situated. Such warrant shall be served by the Superintendent in the company of a uniformed police
officer of the City.
13.20.260 Vandalism, Falsifying, or Tampering:
No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or
prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any
person found in violation of this requirement shall be subject to the sanctions set out in this
ordinance.
No person shall make any false statement, representation or certification in any application,
record, report or plan, or other document filed or required to be maintained pursuant to this
ordinance. Any person found in violation of this requirement shall be subject to the sanctions set
out in this ordinance.
13.20.265 Confidential Information:
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, and monitoring programs, and from the Superintendent'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 City, that the release of such information
would divulge information, processes, or methods of production entitled to protection as trade
secrets 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 which might disclose trade
secrets or secret processes 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.
13.20.270 Publication of Users in Significant Noncompliance:
The Superintendent shall publish annually, in a newspaper(s) of general circulation that provides
meaningful public notice within the jurisdiction(s) served by the POTW, a list of the users which,
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during the previous twelve (12) months, were in significant non-compliance with applicable
pretreatment standards and requirements. For the purposes of this provision, a user is in
significant non-compliance if its violation meets one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of measurements taken for the same pollutant
parameter taken during a six (6) month period exceed (by any magnitude) a
numeric pretreatment standard or requirement including instantaneous limits, as
defined by 40 CFR 403.3(1);
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-
three percent (33%) or more of wastewater measurements taken for each pollutant
parameter during a six (6) month period equals or exceeds the product of the
numeric pretreatment standard or requirement including instantaneous limits, as
defined by 40 CFR 403.3 (1) multiplied by the TRC (TRC = 1.4 for BOD, TSS,
fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or requirement as defined by 40
CFR 403.3 (1) (daily maximum, long-term average, instantaneous limits, or
narrative standard) that the POTW determines 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 pollutant that may cause imminent endangerment to the public or
to the environment, or has resulted in the City's exercise of its emergency authority
to halt or prevent such a discharge;
E. Failure to provide within ninety (90) 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 (30) 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 non-compliance; or
H. Any other violation or groups of violations, which may include a violation of Best
Management Practices, which the POTW determines will adversely affect the
operation or implementation of the local pretreatment program.
13.20.275 Notification of Violation:
When the Superintendent finds that a user has violated, or continues to violate, any provision of
this ordinance, a wastewater discharge permit; or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may serve upon that user a written
notice of violation. Within ten (10) days of the receipt 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 by the user to the Superintendent. Submission of such a plan
in no way relieves the user of liability for any violations occurring before or after receipt of the
notice of violation. Nothing in this section shall limit the authority of the City to take any action,
including emergency actions or any other enforcement action, without first issuing a notice of
violation.
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13.20.280 Consent Orders:
The Superintendent may enter into consent orders, assurances of voluntary compliance, or other
similar documents establishing an agreement with any user responsible for non-compliance. Such
documents will include specific action to be taken by the user to correct the non-compliance
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 13.20.290 and 13.20.295 of this
ordinance and shall be judicially enforceable. Use of a consent order shall not be a bar against, or
prerequisite for, taking any other action against the user.
13.20.285 Show Cause Hearin:
The Superintendent may order a user which has violated, or continues to violate, any provision of
this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the Superintendent 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 the proposed enforcement action should
not be taken. The notice of the meeting shall be served personally or by registered or certified mail
(return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on
any authorized representative of the user as defined in Section 13.20.020 D of this ordinance. A
show cause hearing shall not be a bar against, or prerequisite for, taking any other action against
the user.
13.20.290 Compliance Orders:
When the Superintendent finds that a user has violated, or continues to violate, any provision of
this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may issue an order to the user
responsible for the discharge directing that the user come into compliance within a time specified
in the order. If the user does not come into compliance within the time specified in the order,
sewer service may be discontinued unless adequate treatment facilities, devices, or other related
appurtenances are installed and properly operated. Compliance orders may also contain other
requirements to address the noncompliance, including additional self-monitoring, and
management practices designed to minimize the amount of pollutants discharged to the sewer. 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.
13.20.295 Cease and Desist Orders:
When the Superintendent finds that a user has violated, or continues to violate, any provision of
this ordinance, 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
Superintendent 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; and
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.
C. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for,
taking any other action against the user.
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13.20.300 Administrative Fines:
A. When the Superintendent finds that a user has violated or continues to violate any
provision of this ordinance, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the Superintendent
may fine such user in an amount not to exceed $1,000.00. 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.
B. Assessments may be added to the user's next scheduled sewer service charge and
the Superintendent shall have such other collection remedies as may be available
for other service charges and fees.
C. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be
assessed an additional penalty of twenty percent (20%) of the unpaid balance, and
interest shall accrue thereafter at the highest legal rate allowed by law. A lien
against the user's property will be sought for unpaid charges, fines, and penalties.
D. Users desiring to dispute such fines must file a written request to the
Superintendent or Public Works Director for reconsideration of the fine along with
full payment of the fine amount within ten (10) days of being notified of the fine.
The Superintendent or Public Works Director may convene a hearing on the matter
within thirty 30 days of receiving the request from the user. In the event the user's
appeal is successful, the payment, together with any interest accruing thereto, shall
be returned to the user. The City may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
E. Issuance of an administrative fine shall not be a bar against, or a prerequisite for,
taking any other action against the user.
13.20.305 Emergency Suspensions:
The Superintendent may immediately suspend a user's discharge without formal notice to the user,
whenever such suspension is necessary to stop an actual or threatened discharge, which
reasonably appears to present, or cause an imminent or substantial endangerment to the health or
welfare of persons. The Superintendent may also immediately suspend a user's discharge after
notice, that threatens to interfere with the operation of the POTW, or which presents, or may
present an endangerment to City workers, the general public, and/or to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a user's failure to immediately comply
voluntarily with the suspension order, the Superintendent shall take such steps as
deemed necessary, including immediate severance of the sanitary sewer.
connection, to prevent or minimize damage to the POTW, its receiving stream, or
endangerment to any individuals. The Superintendent shall allow the user to
recommence its discharge when the user has demonstrated to the satisfaction of the
Superintendent that the period of endangerment has passed, unless the termination
proceedings in Section 13.20.3 10 of this ordinance are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence, to the Superintendent prior to the date of any show cause or
termination hearing under Sections 13.20.285 and 13.20.3 10 of this ordinance.
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C. Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
13.20.310 Termination of Discharge, Non -Emergency:
In addition to the provisions in Section 13.20.160 of this ordinance, any user that violates the
following conditions is subject to discharge termination:
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; or
E. Violation of the pretreatment standards in Sections 13.20.030 through 13.20.045 of
this Ordinance.
Such user will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Section 13.20.285 of this ordinance why the proposed action
should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for,
taking any other action against the user.
of Show Cause Hearing Decision, Comuliance Order
Any interested person, including the user, may petition to the City Council for reconsideration of a
show cause hearing decision, a compliance order, a cease and desist order, or a non -emergency
termination of discharge within ten (10) days of the issuance of said decision or order.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
B. In its petition, the appealing party must indicate the decision being objected to, the
reasons for this objection and an alternative proposal, if any, it seeks to be applied
to the wastewater discharge permit.
C. The effectiveness of the decision, order or termination regarding the wastewater
discharge permit shall not be stayed pending the appeal.
D. If the City fails to act within thirty (30) days from the receipt of a petition for
review, a request for reconsideration shall be deemed to be denied. Decisions not
to reconsider a show cause hearing decision, a compliance order, a cease and desist
order or a non -emergency termination order of a wastewater discharge permit shall
be considered final administrative action for purposes of judicial review.
E. Aggrieved parties seeking review of the final administrative wastewater discharge
permit decision must do so by filing a complaint with the District Court of the
Sixth Judicial District in and for the County of Bannock within two (2) years from
the date of said final decision.
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13.20.315 Injunctive Relief:
When the Superintendent finds that a user has violated, or continues to violate, any provision of
this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may petition the District Court of the
Sixth Judicial District in and for the County of Bannock through the City's attorney for the
issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the
specific performance of the wastewater discharge permit, order, or other requirement imposed by
this ordinance on activities of the user. The City 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.
13.20.320 Civil Penalties:
A. A user who has violated or continues to violate any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall be liable to the City for a maximum civil penalty of
$1,000.00 per violation, per day. 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.
B. The Superintendent may recover reasonable attorneys' 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 City.
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, 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. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for,
taking any other action against a user.
13.20.325 Criminal Prosecution:
A. A user which has willfully or negligently violated or continues to violate any
provision of this ordinance, a wastewater discharge permit, order issued hereunder,
or any other pretreatment standard or requirement shall, upon conviction, be guilty
of a misdemeanor, punishable by a fine of not more than $1,000.00 per violation,
per day, or imprisonment for not more than six (6) months, or both.
B. A user who willfully or negligently introduces any substance into the POTW which
causes personal injury or property damage shall, upon conviction, be guilty of a
misdemeanor and be subject to a penalty of at least $1,000.00 and/or be subject to
imprisonment for six (6) months. This penalty shall be in addition to any other
cause of action for personal injury or property damage available under State law.
C. A user which knowingly made any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this ordinance, wastewater discharge
permit, or order issued hereunder, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under this ordinance
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shall, upon conviction, be punished by a fine of not more than $1,000.00 per
violation per day, or imprisonment for not more than six (6) months, or both.
13.20.330 Remedies Non-exclusive:
The remedies provided for in this ordinance are not exclusive. The Superintendent reserves the
right to take any, all, or any combination of these actions against a non-compliant user.
Enforcement in response to pretreatment violations will generally be in accordance with the City's
enforcement response plan. However, the City reserves the right to take other action against any
user when the circumstances warrant. Further, the City is empowered to take more than one
enforcement action against any non-compliant user. These actions may be taken concurrently.
13.20.335 Performance Bonds:
The Superintendent may decline to issue or reissue a wastewater discharge permit to any user
which has failed to comply with any provision of this ordinance, a previous wastewater discharge
permit or order issued hereunder or any other pretreatment standard or requirement, unless such
user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined
by the Superintendent to be necessary to achieve consistent compliance.
13.20.340 Liability Insurance:
The Superintendent may decline to issue or reissue a wastewater discharge permit to any user
which has failed to comply with any provision of this ordinance, a previous wastewater discharge
permit or order issued hereunder or any other pretreatment standard or requirement, unless such
user first submits proof that it has obtained financial assurances sufficient to restore or repair
damage to the POTW caused by its discharge.
13.20.345 Payment of Outstanding Fees and Penalties:
The Superintendent may decline to issue or reissue a wastewater discharge permit to any user who
has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of
this ordinance, a previous, individual wastewater discharge permit or order issued hereunder.
13.20.350 Water Supply Severance:
Whenever a user has violated or continues to violate any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will recommence, at the user's expense, after the
user has satisfactorily demonstrated its ability to comply.
13.20.355 Public Nuisances:
A violation of any provision of this ordinance, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance
and shall be corrected or abated as directed by the Superintendent. Any person(s) creating a public
nuisance shall be subject to the provisions of the City Municipal Code governing such nuisances,
including reimbursing the City for any costs incurred in removing, abating, or remedying said
nuisance.
13.20.360 Upset:
A. For the purposes of this Section "upset" means an exceptional incident in which
there is unintentional and temporary non-compliance with applicable pretreatment
standards because of factors beyond the reasonable control of the user. An upset
does not include non-compliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
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B. An upset shall constitute an affirmative defense to an action brought for
noncompliance with applicable pretreatment standards if the requirements of
paragraph 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) The facility was at the time being operated in a prudent and workman -like
manner and in compliance with applicable operation and maintenance
procedures; and
(3) The user has submitted the following information to the POTW and
treatment plant operator within twenty four (24) hours of becoming aware
of the upset. If this information is provided orally, a written submission
must be provided within five (5) days:
(a) A description of the indirect discharge and cause of non-
compliance;
(b) . The period of non-compliance, including exact dates and times or, if
not corrected, the anticipated time the non-compliance is expected
to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the non-compliance.
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 non-compliance with applicable
pretreatment standards.
F. Users shall control production of all discharges to the extent necessary to maintain.
compliance with applicable pretreatment standards upon reduction, loss, or failure
of their 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.
13.20.365 Prohibited Discharge Standards:
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 13.20.030 of this ordinance if it can prove
that it did not know, or have reason to know, that its discharge, alone or in conjunction with
discharges 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 or interference; or
B. No local limit exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the City was regularly in
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compliance with its NPDES permit, and in the case of interference, was in
compliance with applicable sludge use or disposal requirements.
13.20.370 Bypass:
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 the treatment facilities which causes them to become inoperahle,
or substantial and permanent loss of natural resources which 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. A user may allow any bypass to occur which does not cause pretreatment standards
or requirements to be violated, but only if it also is for essential maintenance to
assure efficient operation. These bypasses are not subject to the provision of
paragraphs (C) and (D) of this section.
C. Bypass Notification
(1) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the POTW, at least ten (10) days before the date of the bypass, if
possible.
(2) A user shall submit oral notice to the City of an unanticipated bypass that
exceeds applicable pretreatment standards within twenty-four (24) hours
from the time it becomes aware of the bypass. A written submission shall
also be provided within five (5) 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 continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The POTW may waive the written report on a
case-by-case basis if the oral report has been received within twenty four
(24) hours.
D. Bypass Conditions
(1) Bypass is prohibited, and the POTW may take an enforcement action
against a user for a bypass, unless
(a) Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;
(b) 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 which occurred during normal periods
of equipment downtime or preventive maintenance; and
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(c) The user submitted notices as required under paragraph C of this
section.
(2) The POTW may approve an anticipated bypass, after considering its
adverse effects, if the POTW determines that it will meet the three
conditions listed in paragraph D (1) of this section.
13.20.375 Pretreatment Charges and Fees:
The City may adopt reasonable fees for reimbursement of costs of setting up and operating the
City's Pretreatment Program which may include:
A. Fees for wastewater discharge permit including the cost of processing such
applications;
B. Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a user's discharge, and reviewing monitoring reports and
certification statements submitted by users;
C. Fees for reviewing and responding to accidental discharge procedures and
construction of pretreatment facilities and sewer connections;
D. Fees for filing appeals;
E. Fees to recover administrative and legal costs associated with the enforcement
activity taken by the Superintendent to address user non-compliance; and
F. Other fees as the City may deem necessary to carry out the requirements contained
herein. These fees relate solely to the matters covered by this ordinance and are
separate from all other fees, fines, and penalties chargeable by the City.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City
and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
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 dispensed with, and this Ordinance shall become
effective upon its passage; approval and publication.
Ordinance - Page 46
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this 9TH day of SEPTEMBER )2008,
4evenM4.En-,1Tand,M—ay4orAe-
ATTEST:
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Ron Conlin, City Clerk
Ordinance - Page 47
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SUMMARY OF ORDINANCE NO. 659
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
repealing Chapter 13.20 of the Chubbuck Municipal Code and adopting a new Chapter 13.20,
"Pretreatment Regulations" which parallel the City of Pocatello's Ordinance No. 2837 adopting
recommendations made by the Water Pollution Control Department Superintendent for the City
of Pocatello, and which pretreatment regulations Chubbuck is required to adopt by its agreement
with Pocatello to utilize the Pocatello Wastewater Treatment Plant; providing for the repeal of
conflicting ordinances; providing that all other provisions of Chapter 13.20 not amended shall
remain in effect; providing for the severability of the provisions of this ordinance; providing that
this ordinance shall be in effect after its passage, approval and publication.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 659 and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this J day of September, 2008.
1
Thomas J. Holmes, C y Attorney
SUMMARY OF ORDINANCE NO. _ - Page 1
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