HomeMy WebLinkAbout0250 General Waste Water Regulations 1984ORDINANCE NO. 250
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO,
ESTABLISHING REQUIREMENTS FOR DISCHARGES INTO THE CITY
WASTEWATER COLLECTION AND TREATMENT SYSTEMS; PROVIDING
DEFINITIONS; PROVIDING GENERAL DISCHARGE PROHIBITIONS
AND LIMITATIONS ON WASTEWATER STRENGTH; REQUIRING
PROTECTION MEASURES AGAINST ACCIDENTAL DISCHARGE;
PROVIDING FOR FEES FOR DISCHARGERS TO BE SET BY
RESOLUTION OF THE CITY COUNCIL; PROVIDING DISCLOSURE
REQUIREMENTS ON WASTEWATER DISCHARGES; PROVIDING
REQUIREMENTS FOR COMPLIANCE REPORTS AND MONITORING
FACILITIES; PROVIDING FOR INSPECTION OF FACILITIES BY
THE CITY; PROVIDING PROCEDURES FOR NOTIFICATION OF
VIOLATIONS, ENFORCEMENT ACTIONS, AND PENALTIES;
PROVIDING REGULATIONS FOR RETENTION OF RECORDS,
PROVIDING SEVERABILITY; PROVIDING THAT THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.
WHEREAS, the City has entered into an agreement with the City
of Pocatello for the use of the City of Pocatello's Wastewater
Treatment Facility for collection and treatment of wastewater;
and,
WHEREAS, the City has a duty to protect public health in
conformity with all applicable local, State, and Federal laws;
and,
WHEREAS, the City deems it in the best interest of the public
health to prevent the introduction of pollutants into the City
wastewater system which will either interfere with the normal
operation of the system or contaminate the resulting municipal
sludge, or which do not receive adequate treatment in the Facility
and which will pass through the system into receiving waters or
the atmosphere or otherwise be incompatible with the system; and,
WHEREAS, the City deems it in the best interest of the
citizens of Chubbuck to improve the opportunity to recycle and
reclaim wastewater and sludge from the system;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF CHUBBUCK, IDAHO:
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SECTION 1. PURPOSE: This Ordinance shall provide uniform
regulations and requirements for Dischargers into the City
wastewater collection system and the City of Pocatello's
wastewater treatment system, hereafter also referred to as the
POTW, and shall provide for enforcement of administrative
regulations relating to the use and operation of the POTW.
SECTION 2. DEFINITIONS:
Act: The Clean Water Act (33 U.S.C. 1251 et seq.), as
amended.
Categorical Pretreatment Standards: National Pretreatment
Standards specifying quantities or concentrations of pollutants or
pollutant properties which may be discharged or introduced into a
POTW by specific Industrial Dischargers.
Approving Authority: The Director of Public Works of the
City of Chubbuck or his duly authorized deputy, agent or
representative.
Discharger-Industrial Discharger: Any non-residential user
who discharges an effluent into a POTW by means of pipes,
conduits, pumping stations, force mains constructed drainage
ditches, surface water intercepting ditches, intercepting ditches,
and all constructed devices and appliances appurtenant thereto.
Significant Industrial Discharger: An industrial user of the
City's Wastewater disposal system who:
(1) Is subject to or potentially subject to national
pretreatment standards promulgated under Section 307(b) or (c) of
the Clean Water Act (CWA);
(2) Has in his wastes any priority toxic pollutants
listed in Appendix A or other toxic pollutants listed in Appendix
B;
(3) Has in his wastes toxic pollutants as defined
pursuant to Section 307 of the CWA;
(4) Has a discharge flow of 10,000 gallons or more per
average work day;
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(5) Has a flow greater than 5% of the flow in the City
of Pocatello's wastewater treatment system; or
(6) Is determined by the City to have a significant
impact or potential for significant impact, either singly or in
combination with other contributing industries, on the wastewater
treatment system, the quality of sludge, the systems effluent
quality, or air emissions generated by the system.
Indirect Discharge: The discharge or the introduction of
nondomestic pollutants from a source regulated under Section
307(b) or (c) of the Act, into a POTW.
Industrial Waste: Solid, liquid or gaseous waste resulting
from any industrial, manufacturing, trade or business process or
from the development, recovery or processing of natural resources.
Interference: An inhibition or disruption of the POTW, its
treatment processes or operations, or its sludge processes, use or
disposal which is a cause of or significantly contributes to
either a violation of any requirement of the POTW's NPDES permit
(including an increase in the magnitude or duration of a
violation) or to the prevention of sewage sludge use or disposal
by the POTW in accordance with the following statutory provisions
and regulations 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 II more
commonly referred to as the Resource Conservation and Recovery Act
(RCRA) and including state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the
SWDA), the Clean Air Act, and the Toxic Substances Control Act.
An industrial user significantly contributes to such a permit
violation or prevention of sludge use or disposal in accordance
with the above-cited authorities whenever such uses:
(1) Discharges a daily pollutant loading in excess of
that allowed by contract with the POTW or by Federal, State or
Local law;
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(2) Discharges wastewater which substantially differs
in nature or constituents from the user's average discharge; or
(3) Knows or has reason to know that its discharge,
alone or in conjunction with discharges from other sources, would
result in a POTW permit violation or prevent sewage sludge use or
disposal in accordance with the above-cited authorities as they
apply to the POTW's selected method of sludge management.
NPDES: National Pollutant Discharge Elimination System
Permit program as administered by the USEPA or State.
0 and M: Operation and Maintenance.
Other Wastes: Decayed wood, sawdust, shavings, bark, lime,
refuse, ashes, garbage, offal, oil, tar, chemicals and all other
substances except sewage and industrial wastes.
POTW: Any sewage treatment works and the sewers and
conveyance appurtenances discharging thereto, owned and operated
by the City, or the City of Pocatello.
Pollutant: Any substance discharged into a POTW or its
collection system, listed in Appendices A and B attached hereto,
or any substance which upon exposure to or assimilation into any
organism will cause adverse effects such as cancer, genetic
mutations or physiological manifestations as defined in standards
issued pursuant to Section 307(a) of the Act.
Pretreatment: The reduction of the amount of pollutants, the
elmination of pollutants, or the alteration of the nature of
pollutant properties in wastewater to a less harmful state prior
to or in lieu of discharging or otherwise introducing such
pollutants into a POTW.
Sewage: Water-carried human wastes or a combination of
water-carried wastes from residences, business buildings,
institutions and industrial establishments, together with such
ground, surface, storm, or other waters as may be present.
Sewer: Any pipe, conduit, ditch or other device used to
collect and transport sewage or storm water from the generating
source.
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Shall: Is mandatory.
Slugload: Any discharge which exceeds for a period of
duration longer than fifteen (15) minutes more than five (5) times
the average twenty-four (24) hour flows during normal operation or
more than five (5) times the twenty-four (24) hour allowable
concentration of any substance listed in Appendices A and B
hereto, or which causes interference to a POTW.
Toxic Pollutants: Those substances listed in Appendix A
attached hereto.
Upset: An exceptional incident in which a Discharger
unintentionally and temporarily is in a state of noncompliance
with the standards set forth in Appendices A and B hereto due to
factors beyond the reasonable control of the Discharger, and
excluding noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or
improper operation thereof.
Wastewater: Industrial waste, or sewage or any other water
including that which may be combined with any ground water,
surface water or storm water, that may be discharged to the POTW.
SECTION 3. REGULATIONS:
(A) General Discharge Prohibitions. No Discharger shall
contribute or cause to be discharged, directly or indirectly, any
of the following described substances into the wastewater disposal
system or otherwise to the facilities of the City:
(1) Any liquids, solids or gases which by reason of
their nature or quantity are, or may be, sufficient either alone
or by interaction to cause fire or explosion or be injurious in
any other way to the operation of the POTW.
(2) Solid or viscous substances which will or may cause
obstruction to the flow in a sewer or other interference with the
operation of the wastewater system.
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(3) Any wastewater having a pH less than 5.0 or higher
than 9.0 or having any other corrosive property capable of causing
damage or hazard to structures, equipment, or personnel of the
system.
(4) Any wastewater containing toxic pollutants in
sufficient quantity, either singly or by interaction to injure or
interfere with any wastewater treatment process, constitute a
hazard to humans or animals, or to exceed the limitation set forth
in National Categorical Pretreatment Standards, Appendix C hereto.
A toxic pollutant shall include, but not be limited to, any
pollutant identified in the Toxic Pollutant List set forth in the
Federal Priority Pollutant List, Appendix A.
(5) Any noxious or malodorous liquids, gases, or solids
which either singly or by interaction are capable of creating a
public nuisance or hazard to life or are sufficient to prevent
entry into the sewers for their maintenance and repair.
(6) Any substance which may cause the POTW's effluent
or treatment residues, sludges, or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation
process. (In no case, shall a substance discharged to the POTW
cause the POTW to be in noncompliance with sludge use or disposal
criteria, guidelines or regulations developed under Section 405 of
the Act; any criteria, guidelines, or regulations affecting sludge
use on disposal developed pursuant to the Solid Waste Disposal
Act, the Clean Air Act, the Toxic Substances Control Act, or State
standards applicable to the sludge management method being used.)
(7) Any substance which will cause the POTW to violate
its NPDES and/or other Disposal System Permits.
(8) Any substance with objectionable color not removed
in the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions.
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(9) Any wastewater having a temperature which will
inhibit biological activity in the POTW treatment plant resulting
in interference; but in no case, wastewater with a temperature at
the introduction into the POTW which exceeds 40°C (104°F).
(10) Any slugload, which shall mean any pollutant,
including oxygen demanding pollutants (BOD, etc.), released in a
single extraordinary discharge episode of such volume or strength
as to cause interference to the POTW.
(11) Any unpolluted water including, but not limited to,
non-contact cooling water.
(12) Any wastewater containing any radioactive wastes or
isotopes of such halflife or concentration as exceed limits
established by the City in compliance with applicable State or
Federal Regulations.
(13) Any wastewater which causes a hazard to human life
or creates a public nuisance.
(B) Limitations on Wastewater Strength.
(1) National Categorical Pretreatment Standards:
National categorical pretreatment standards (Appendix C) as
promulgated by the U.S. Environmental Protection Agency pursuant
to the Act and as adopted by the City and made a part hereto shall
be met by all Dischargers of the regulated industrial categories.
An application for modification of the national categorical
pretreatment standards may be considered for submittal to the
Regional Administrator by the City of Pocatello, when the City of
Pocatello's wastewater treatment system achieves consistent
removal of the pollutants as defined by 40 CFR Section 403.7.
(2) Right of Revision: The City reserves the right to
amend this Ordinance to provide for more stringent limitations or
requirements on discharges to the POTW where deemed necessary to
comply with the objectives set forth in Section 1 of this
Ordinance.
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(3) Dilution: No Discharger shall increase the use of
potable or process water in any way, nor mix separate waste
streams for the purpose of diluting a discharge as a partial or
complete substitute for adequate treatment to achieve compliance
with the standards set forth in this ordinance.
(4) Supplementary Limitations: No Discharger shall
discharge wastewater containing concentrations (and/or mass
limitations) of substances exceeding the values shown in Appendix
B. The City may impose mass limitations on Discharges which are
using dilution to meet the Pretreatment Standards or Requirements
of this Ordinance, or in other cases where the imposition of mass
limitations is deemed appropriate by the City.
(C) Accidental Discharges.
(1) Each Discharger shall provide protection from
accidental discharge of prohibited or regulated materials or
substances established by this ordinance. Where necessary,
facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the Discharger's cost and
expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the
City for review, and shall be approved by the City before
construction of the facility. All existing significant Industrial
Dischargers and any other existing Dischargers where requested by
the Director of Public Works shall complete its plan and submit
same to the City by June 30, 1984. No Discharger who discharges
to the POTW after the aforesaid date shall be permitted to
introduce pollutants into the system until Accidental Discharge
Protection Procedures have been approved by the City. Review and
approval of such plans and operating procedures by the City shall
not relieve the Discharger from the responsibility to modify its
facility as necessary to meet the requirements of this ordinance.
(2) Dischargers shall notify the City immediately upon
the occurrence of a "slugload", or accidental discharge of
substances prohibited by this ordinance. The notification shall
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include location discharge, date and time thereof, type of waste,
concentration and volume, and corrective actions. Any Discharger
who discharges a slugload of prohibited materials 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.
SECTION 4. The City may adopt charges and fees including,
but not limited to:
(a) Fees for monitoring, inspections and surveillance
procedures;
(b) Fees for filing appeals;
(c) Fees for reviewing accidental discharge procedures
and construction.
Such fees may be set from time to time by Resolution of the
City Council.
SECTION 5. ADMINISTRATION:
(A) Wastewater Dischargers. It shall be unlawful to discharge
sewage, industrial wastes or other wastes to any sewer within the
juridiction of the City, and/or to the POTW without having first
complied with the terms of this ordinance. In additional to the
terms of this ordinance, a "Significant Industrial Discharger"
shall not be allowed to connect to the wastewater system without
written approval from the Approving Authority.
(B) Wastewater Discharge Data Disclosure.
(1) General Disclosure: All Significant Industrial
Dischargers proposing to connect to or to discharge sewage,
industrial wastes and other wastes to the POTW shall comply with
all terms of this ordinance within ninety (90) days after the
effective date of this ordinance.
(2) Disclosure Forms: Significant Industrial
Dischargers shall complete and file with the City, a disclosure
declaration in the form prescribed by the City. Existing
Significant Industrial Dischargers shall file disclosure forms
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within thirty (30) days after the effective date of this
ordinance, and proposed new Dischargers shall file their
disclosure forms at least sixty (60) days prior to connecting to
the POTW. The disclosure to be made by the Discharger shall be
made on written forms provided by the City and shall cover:
(a) Disclosure of name, address, and location of
the Discharger;
(b) Disclosure of Standard Industrial
Classification (SIC) number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as amended;
(c) Disclosure of wastewater constituents and
characteristics including, but not limited to, those mentioned in
this Ordinance, including Appendices A and B, and C as
appropriate, as determined by bonafide chemical and biological
analyses. Sampling and analysis shall be performed in accordance
with procedures established by the U.S. EPA and contained in 40
CFR Part 136, as amended.
(d) Disclosure of time and duration of discharges;
(e) Disclosure of average daily and instantaneous
peak wastewater flow rates in gallons per day, including daily,
monthly and seasonal variations, if any. All flows shall be
measured unless other verifiable techniques are approved by the
City due to cost or nonfeasibility.
(f) Disclosure of site plans, floor plans,
mechanical and plumbing plans and details to show all sewers,
sewer connections, inspection manholes, sampling chambers and
appurtenances by size, location and elevation;
(g) Description of activities, facilities and plan
processes on the premises including all materials which are or may
be discharged to the sewers or works of the City;
(h) Disclosure of the nature and concentration of
any pollutants or materials prohibited by this Ordinance in the
discharge, together with a statement regarding whether or not
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compliance is being achieved with this ordinance on a consistent
basis and if not, whether additional pretreatment is required for
the Discharger to comply with this ordinance.
(i) Where additional pretreatment and/or operation
and maintenance activities will be required to comply with this
ordinance, the Discharger shall provide a declaration of the
shortest schedule by which the Discharger will provide such
additional pretreatment and/or implementation of additional
operational and maintenance activities.
(i) The schedule shall contain milestone
dates for the commencement and completion of major
events leading to the construction and operation of
additional pretreatment required for the Discharger to
comply with the requirements of this ordinance including
but not limited to, dates relating to hiring an
engineer, hiring other appropriate personnel, completing
preliminary plans, completing final plans, executing
contract for major components, commencing construction,
completing construction, and other acts necessary to
achieve compliance with this ordinance.
(ii) Under no circumstances shall the
City permit a time increment for a single step directed
toward compliance to exceed nine (9) months.
(iii) Not later than fourteen (14) days
following each milestone date in the schedule and the
final date for compliance, the Discharger shall submit a
progress report to the City, including no less than a
statement as to whether or not it complied with the
increment of progress represented by that milestone date
and, if not, the date on which it expects to comply with
this increment of progress, the reason for delay, and
the steps being taken by the Discharger to return the
construction to the approved schedule. In no event
shall more than nine (9) months elapse between such
progress reports to the City.
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(j) Disclosure of each product produced by type,
amount, process or processes and rate of production;
(k) Disclosure of the type and amount of raw
~materials utilized (average and maximum per day);
(1) All disclosure forms shall be signed by a
principal executive officer of the Discharger, and a qualified
engineer when so required by the Approving Authority.
(m) The City may require inspection and sampling
manholes and/or flow measuring, recording and sampling equipment
if deemed necessary by the Approving Authority to assure
compliance with this Ordinance.
The City will evaluate the complete disclosure form
and data furnished by the Discharger and may require additional
information. Within 30 days after full evaluation and acceptance
of the data furnished, the City shall notify the Discharger of the
City's acceptance thereof through issuance of an Industrial
Wastewater Acceptance Form, or rejection thereof.
(b) Standards Modification. The City reserves the right to amend
this Ordinance and the terms and conditions hereof in order to
assure compliance by the City with applicable laws and
regulations. Within nine (9) months of the promulgation of a
National Categorical Pretreatment Standard, this Ordinance shall
be amended to require compliance by Dischargers with such
standards within the time frame prescribed by such standards. All
National Categorical Pretreatment Standards adopted after the
promulgation of this Ordinance shall be adopted by the City as
part of this Ordinance. Where a Discharger, subject to a National
Categorical Pretreatment Standard, has not previously submitted a
disclosure form as required by subsubsection (B), Section 5, the
Discharger shall file a disclosure form with the City within 180
days after the promulgation of the Applicable National Categorical
Pretreatment Standard by the U.S. EPA. In addition, any
Discharger operating on the basis of a previous filing of a
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disclosure statement, shall submit to the City within 180 days
after the promulgation of any applicable National Categorical
Pretreatment Standard, the additional information required by
paragraphs (h) and (i) of Subsection (B), Section 5. The
Discharger shall be informed of any proposed changes in the
ordinance at least thirty (30) days prior to the effective date of
change. Any changes or new conditions in the ordinance include a
reasonable time schedule for compliance.
SECTION 6. REPORTING REQUIREMENTS FOR DISCHARGERS:
(A) Compliance Date Report. Within ninety (90) days following
the date for final compliance by the Discharger with applicable
Pretreatment Standards set forth in this ordinance or ninety (90)
days following commencement of the introduction of wastewater into
the POTW by a New Discharger, any Discharger subject to this
ordinance shall submit to the City a report indicating the nature
and concentration of all prohibited or regulated substances
contained in this discharge, and the average and maximum daily
flow in gallons. The report shall state whether the applicable
Pretreatment Standards or Requirements are being met on a
consistent basis and, if not, what additional O & M and/or
pretreatment is necessary to bring the Discharger into compliance
with applicable Pretreatment Standards or Requirements. This
statement shall be signed by an authorized representative of the
Discharger and certified to by a qualified engineer.
(B) Periodic Compliance Reports.
(1) Any Discharger subject to a Pretreatment Standard
set forth in this Ordinance, after the compliance date of such
Pretreatment Standard, or, in the case of a New Discharger, after
commencement of the discharge to the City, shall submit to the
City during the months of June and December, unless required more
frequently by the City, a report indicating the nature and
concentration of prohibited or regulated substances in the
effluent which are limited by the Pretreatment Standards hereof.
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In addition, this report shall include a record of all measured or
estimated average and maximum daily flows during the reporting
period reported in Subsection (A), Section 6 hereof. Flows shall
be reported on the basis of actual measurement, provided, however,
where cost or feasibility considerations justify, the City may
accept reports of average and maximum flows estimated by
verifiable techniques. The City, for good cause shown considering
such factors as local high or low flow rates, holidays, budget
cycles, or other extenuating factors may authorize the submission
of said reports on months other than those specified above.
(2) Reports of Dischargers shall contain all results of
sampling and analysis of the discharge, including the flow and the
nature and concentration, or production and mass where required by
the City. The frequency of monitoring by the Discharger shall be
as prescribed in the applicable Pretreatment Standard of this
ordinance. All analyses shall be performed in accordance with
procedures established by EPA pursuant to Section 304(g) of the
Act and contained in 40 CFR Part 136 and amendments thereto or
with any other test procedures approved by EPA. Sampling shall be
performed in accordance with the techniques for the pollutants in
question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in
question, sampling and analyses shall be performed using validated
analytical methods or any other sampling and analytical
procedures, including procedures suggested by the City or other
parties, approved by the EPA.
SECTION 7. MONITORING FACILITIES AND COMPLIANCE MONITORING:
(A) Each Discharger shall provide and operate at the Discharger's
own expense, a monitoring facility to allow inspection, sampling,
and flow measurement of each sewer discharge to the Authority.
Each monitoring facility shall be situated on the Discharger's
premises, except where such location would be impractical or cause
undue hardship on the Discharger, the City may concur with the
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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.
There shall be ample room in or near such sampling facility
to allow accurate sampling and preparation of samples for
analysis. The facility, sampling, and measuring equipment shall
be maintained at all times in a safe and proper operating
condition at the expense of the Discharger.
All monitoring facilities shall be constructed and maintained
in accordance with all applicable local construction standards and
specifications. Construction shall be completed within 120 days
of receipt of permit by Discharger.
(B) Inspection and Sampling. The City may inspect the monitoring
facilities of any Discharger to determine compliance with the
requirements of this ordinance. The Discharger shall allow the
City or its representatives, to enter upon the premises of the
Discharger at all reasonable hours, for the purposes of
inspection, sampling, or records examination. The City shall have
the right to set up on the Discharger's property such devices as
are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations.
(C) Confidential Information. Information and data furnished to
the City with respect to the nature and frequency of discharge
shall be available to the public or other governmental agency
without restriction unless the Discharger 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 or proprietary information of the Discharger.
When requested by a Discharger furnishing a report, the
portions of a report which may disclose trade secrets or secret
processes shall not be made available for inspection by the public
but shall be made available upon written request to governmental
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agencies for uses related to this ordinance, the National
Pollutant Discharge Elimination System (NPDES) permit, State
Disposal System permit and/or the Pretreatment Programs; provided,
however, that such portions of a report shall be available for use
by the State or any state agency in judicial review or enforcement
proceedings involving the Discharger furnishing the Report.
Wastewater constituents and characteristics will not be recognized
as confidential information.
Information accepted by the City as confidential, shall not
be transmitted to any governmental agency or to the general public
by the City until and unless a ten (10) day notification is given
to the Discharger.
SECTION 8. ENFORCEMENT:
(A) Emergency Suspension of Service and Industrial Wastewater
Acceptance Form. The City may, without advance notice, order the
suspension of the wastewater treatment service and the Industrial
Wastewater Acceptance Form to a Discharger when it appears to the
City that an actual or threatened discharge (a) presents or
threatens an imminent or substantial danger to the health or
welfare of persons or substantial danger to the environment or (b)
threatens to interfere with the operation of the POTW, or to
violate any pretreatment limits imposed by the ordinance. Any
discharger notified of the City's suspension order shall
immediately cease all discharges. In the event of failure of the
Discharger to comply with the suspension order, the City may
commence judicial proceedings immediately thereafter to compel the
Discharger's specific compliance with such order and/or to recover
civil penalties. The City shall reinstate the wastewater
treatment service and Industrial Wastewater Acceptance Form upon
proof by the Discharger of the elimination of the noncomplying
discharge or conditions creating the threat as set forth above.
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(B) Termination of Treatment Services. A Discharger shall not
(a) fail to factually report accurately the wastewater
constituents and characteristics of its discharge; (b) fail to
report significant changes in wastewater constituents or
characteristics; (c) refuse reasonable access to the Discharger's
premises by representatives of the City for the purpose of
inspection or monitoring; or (d) violate the provisions of this
ordinance, or any order of the City with respect thereto. The
City may terminate wastewater treatment services to any Discharger
who violates any of the foregoing prohibitions.
(C) Notification of Violation: Administration Adjustment.
Whenever the City finds that any Discharger has violated the
prohibitions in subsection (B) hereof, the City shall cause to be
served upon such Discharger a written notice either personally or
by certified or registered mail, return receipt requested, stating
the nature of the alleged violation. Within thirty (30) days of
the date of receipt of the notice, the Discharger shall respond
personally or in writing or by certified or registered mail,
return receipt requested, to the City, advising of its position
with respect to the allegations. Thereafter, the Discharger shall
be given the opportunity to meet to ascertain the veracity of the
allegations and establish a plan for the satisfactory correction
of the violations and preclusion of a recurrence thereof.
(D) Show Cause Hearinq. Where the violation of Subsection (B)
hereof is not corrected by timely compliance by means of
Administration Adjustment, the City may order any Discharger which
suffers or permits a violation of Subsection (B) hereto to show
cause before the City or its duly authorized representative why
the proposed service termination action should not be taken. A
written notice shall be served on the Discharger by personal
service, certified or registered mail, return receipt requested,
specifying the time and place of a hearing to be held by the City
or its designee regarding the violation, the reasons why the
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enforcement action is to be taken, the proposed enforcement
action, and directing the Discharger to show cause before the City
or its designee why the enforcement action should not be taken.
The notice of the hearing shall be served no less than ten (10)
days before the hearing. Service may be made on any agent,
officer, or authorized representative of a Discharger. The
proceedings at the hearing shall be considered by the City, which
shall then enter appropriate orders with respect to the alleged
violation of the Discharger. Appeal of such orders may be taken
by the Discharger in accordance with applicable local or state
law.
(E) Judicial Proceedings. Following the entry of any order by
the City with respect to the violation by a Discharger of
Subsection (B) hereof, the City may commence an action for
appropriate legal and/or equitable relief in the appropriate local
court.
(F) Significant Violations, Annual Publication. A list of
dischargers who were significantly violating the terms of this
ordinance during the previous twelve months, shall be annually
published by the City in the City's official newspaper. For the
purposes of this section, a significant violation is a violation
which remains uncorrected forty-five days after notification of
noncompliance; which is part of a pattern of noncompliance over a
twelve month period; which involves a failure to accurately report
noncompliance; or which resulted in the City exercising its
emergency authority under Section 8 (A).
(G) Right of Appeal. Any Discharger or any interested party
shall have the right to request in writing an interpretation or
ruling by the City on any matter covered by this ordinance and
shall be entitled to a prompt written reply. In the event that
such inquiry is by a Discharger and deals with matters of
performance or compliance with this ordinance for which
enforcement activity relating to an alleged violation is the
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subject, receipt of a Discharger's request shall not stay
enforcement proceedings pending. Appeal of any final judicial
order entered pursuant to this Ordinance may be taken in
accordance with local and state law.
(H) Operating Upsets. Any Discharger which experiences an upset
in operation which places the Discharger in a temporary state of
noncompliance with this ordinance shall inform the City thereof
within twenty-four (24) hours of first awareness of the
commencement of the upset. Where such information is given
orally, a written follow-up report thereof shall be filed by the
Discharger with the Authority within five (5) days. The report
shall specify:
(1) Description of the upset, the cause thereof,
and the upset's impact on the Discharger's compliance
status.
(2) Duration of noncompliance, including exact
dates and times of noncompliance, and if the
noncompliance continues, the time by which compliance is
reasonably to occur.
(3) All steps taken or to be taken to reduce,
eliminate, and prevent recurrence of such an upset or
other conditions of noncompliance.
A documented and verified bona fide operating upset shall be
an affirmative defense to any enforcement action brought by the
City against the Discharger for any noncompliance with the
ordinance which arises out of violations alleged to have occurred
during the period of the upset.
SECTION 9. PENALTIES:
(A) Any Discharger who violates an order of the City, or who
fails to comply with (1) any provision of this ordinance, or (2)
any regulations, rule or permit of the City, issued pursuant to
this ordinance, shall be liable to the City for a civil penalty.
The amount of such civil penalty shall be not less than $250.00
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per violation nor more than $1,000.00 per violation. Each day
upon which a violation occurs or continues shall constitute a
separate violation. Such penalties may be recovered by judicial
actions and/or, to the extent permissible by state law, by
administrative procedures.
(B) Recovery of Costs Incurred by the City. Any Discharger
violating any of the provisions of this ordinance who discharges
or causes a discharge producing a deposit or obstruction or causes
damage to or impairs the City's wastewater disposal system shall
be liable to the City for any expense, loss, or damage caused by
such violation of discharge. The City shall by order bill the
Discharger for the cost incurred by the City for any cleaning,
repair, or replacement work caused by the violation or discharge.
Refusal to pay the assessed costs shall constitute a violation of
this ordinance, enforceable under the provisions of Section 8 of
this ordinance.
(C) Falsifying Information. Any person who knowingly makes any
false statement, representation, or certification in any
application, record, report, and plan or other document filed or
required to be maintained pursuant to this ordinance, or who
falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this ordinance, shall
(in addition to civil and/or criminal penalties provided by state
law) be guilty of a misdemeanor and shall be prosecuted and
punished accordingly.
(D) General Criminal Penalties. Any user who knowingly violates
any provision of this ordinance shall be guilty of a misdemeanor
and shall be punished accordingly.
SECTION 10. RECORDS RETENTION: All Dischargers subject to
this ordinance shall retain and preserve for not less than three
(3) years, any records, books, documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to
monitoring, sampling and chemical analyses made by or in behalf of
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a Discharger in connection with its discharge. Ail records which
pertain to matters which are the subject of Administrative
Adjustment or any other enforcement or litigation activities
brought by the City pursuant hereto shall be retained and
preserved by the Discharger until all enforcement activities have
concluded and all periods of limitation with respect to any and
all appeals have expired.
SECTION 11. SEVERABILITY: If any provision, paragraph,
word, section or chapter of this ordinance is invalidated by any
court of competent jurisdiction, the remaining provisions,
paragraphs, words, sections, and chapters shall not be affected
and shall continue in full force and effect.
SECTION 12. CONFLICT: All other ordinances and parts of
other ordinances inconsistent or conflicting with any part of this
ordinance are hereby repealed to the extent of such inconsistency
or conflict.
SECTION 13. EFFECTIVE DATE: The rule requiring an ordinance
to be read on three (3) separate days is hereby dispensed with and
this ordinance shall be in full force and effect from and after
its approval and publication according to law.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO, this 28th day of February, 1984.
ATTEST:
CITY CLERK
PUBLISHED:
CITY OF CHUBBUCK
PRESIDEN~O~-THE COUNCIL
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