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0338 Septage Waste Haulers 1990CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 338 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING A NEW CHAPTER 13.18, OF THE CHUBBUCK MUNICIPAL CODE TITLED "SEPTAGE WASTE HAULERS"; PROVIDING DEFINITIONS; PROHIBITING DISCHARGE OF DOMESTIC SEPTAGE WASTE WITHOUT A PERMIT; PROHIBITING THE DISCHARGE OF INDUSTRIAL OR COMMERCIAL SEPTAGE INTO THE PUBLICLY-OPERATED TREATMENT WORKS (POTW); PROHIBITING DISCHARGE OF OTHER LISTED SUBSTANCES, INCLUDING HAZARDOUS MATERIAL; ESTABLISHING SPECIFIC LOCATIONS FOR DOMESTIC SEPTAGE DISCHARGE; ESTABLISHING PROCEDURES AND FEES FOR APPLICATION FOR PERMITTED DISCHARGES; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, municipalities are being made increasingly responsible for protecting the environment and its citizens from the dumping of wastes which adversely affect the waste treatment system; and WHEREAS, the United States Environmental Protection Agency has required that municipalities enact legislation to regulate wastes which might be delivered to publicly-operated treatment works (POTW's) by truck, rail, or dedicated pipeline; and WHEREAS, the City of Pocatello, Idaho has adopted certain procedures and regulations to control the delivery of waste to their waste water treatment works; and WHEREAS, the City of Chubbuck is required to coordinate its waste water delivery program with those of Pocatello; and WHEREAS, the Chubbuck City Council deems it to be in the best interest of the City of Chubbuck to adopt the procedures and regulations established by the City of Pocatello to control the delivery of waste to their waste water treatment works; Ordinance - Page 1 dsc chbbck05.081 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. There shall be added to the Chubbuck Municipal Code the following Section 13.18: 13.18.010. Purpose. This chapter shall provide uniform regulations and requirements for the discharge of domestic septage by waste haulers into the City's publicly- operated treatment works, hereinafter referred to as the POTW, and for the enforcement of said regulations and requirements. 13.18.020. Definitions. A. "Domestic septage waste" means waste from residential living units, including homes, apartments, trailer houses, mobile homes, recreational vehicles, campers, portable toilet units, and the like. B. "Waste hauler" means any individual, partnership, corporation, company, or other entity, which transports or causes to be transported by truck, rail, or dedicated pipeline, any sewage as defined in Chapter 13.16 and 13.24 of this Code. C. "POTW" means the publicly-operated treatment works for waste water, and includes the collection system and treatment facilities, both inside and outside the corporate limits of the City of Chubbuck and further shall include all Ordinance - Page 2 dsc chbbck05.081 facilities referred to in Section 13.24.020(m) of the Chubbuck Municipal Code. D. "Director" means the Public Works Director or the City of Chubbuck or his designee. 13.18.030. Discharqe of industrial wastes by waste haulers prohibited. Only domestic septage wastes as defined in this chapter may be discharged into the public sewer system by waste haulers. Discharge of wastes, including septic wastes, removed by a hauler from nonresidential, industrial, or commercial customers is specifically prohibited. Any such discharge of nonresidential wastes into the public sewer system will constitute a violation, and will subject the waste hauler to the penalties provided for in this chapter. 13.18.040. Discharqe of hazardous wastes prohibited. The discharge of toxic or hazardous wastes as defined in Section 1004 of the Resource Conservation and Recovery Act (RCRA) into the POTW is prohibited, including discharge to the headworks of the treatment plant by truck, dedicated pipeline, or rail. 13.18.050. Other prohibited discharges. Waste haulers are also prohibited from discharging wastes into the POTW with the following characteristics, as set forth in 40 CFR 403.5 (b): Ordinance - Page 3 dsc chbbck05.081 A. Pollutants that will create a fire or explosion hazard. B. Pollutants that will cause corrosive structural damage, and in no case discharges with a pH lower than 6.0, or higher than 9.0. C. Solid or viscous pollutants discharged at a concentration or volume that will cause interference with the operation of the POTW. D. Oxygen-demanding pollutants discharged at a concentration or'volume that will cause interference with the operation of the POTW. E. Heat in amounts that will inhibit biological activity at the POTW; in no case should discharges cause POTW influent to exceed 104° F. F. Any other type of waste that may not be treatable by the public sewer system, or which will interfere with the operation of the public sewer system, including oil and grease, or radioactive wastes. 13.18.060 Permit required. Any waste hauler engaged in the hauling and discharge of domestic septage wastes to the POTW shall obtain a septage hauler discharge permit from the Public Works Director of the City of Chubbuck ("Director"), or his designee prior to any such discharge. Waste haulers shall be responsible for complying with all the terms and conditions contained in the permit, Ordinance - Page 4 dsc chbbck05.081 in addition to all regulations and procedures set forth in this chapter. Any person discharging to the POTW without a permit will be subject to the penalties provided in this chapter. This permit shall not be transferable and the permittee shall notify the Director of any change in control or ownership of partnerships, companies, corporations, or entities (where applicable), and a new application must be made for a new permit. 13.18.070. Liability insurance required. The permittee must carry commercial general liability insurance in such amount and in such form as shall be determined by the City and specified on the permit. The City of Chubbuck shall be named as an additional insured party in the policy. Proof of such insurance coverage must be provided to the City prior to the issuance of the permit. 13.18.080. Permit application and fees. No fee shall be charged for issuance of the septage hauler discharge permit. However, a use fee shall be charged each time a waste hauler delivers or causes to be delivered a domestic septage load for discharge at the designated disposal point, based on tank size. Such fees shall be set from time to time by Resolution of the City Council. If the Chubbuck City Council does not set such fees, then the fees charged by the City of Pocatello for that type of use shall be charged by the City of Chubbuck. Failure to pay said fees Ordinance - Page 5 dsc chbbck05.081 within thirty days of the billing date shall be cause for revocation of the septage hauler discharge permit. 13.18.090. Desiqnated disposal point. The Director shall designate the specific point at which waste haulers may discharge domestic septage waste into the POTW. Discharge may not occur without prior notice to the Director and without inspection and/or supervision by authorized City personnel. 13.18.100. Use of waste-tracking system. Waste haulers must use an authorized waste-tracking form to record every load that is pumped or delivered to the POTW. Failure to accurately record every load, falsification of data, or failure to transmit the form to the Director prior to discharge into the POTW may result in revocation of this permit. The Director may authorize use of an alternative form provided by the waste hauler on a case-by case basis. 13.18.110. Discharge limitations. In addition to the prohibitions contained elsewhere in this chapter, waste haulers are prohibited from discharging wastes into the POTW which exceed the following limitations: Arsenic 2.1 mg/1 Cadmium 0.1 mg/1 Chromium 2.8 mg/1 Copper 0.5 mg/1 Ordinance - Page 6 dsc chbbck05.081 Cyanide Lead Mercury Nickel Silver Zinc Grease and Oil: Petroleum fraction Animal/vegetable fraction pH maximum pH minimum 1.2 mg/1 0.5 mg/1 0.1 mg/1 1.0 mg/1 0.4 mg/1 1.0 mg/1 100 mg/1 350 mg/1 9.0 6.0 13.18.120. Sampling of waste. Prior to discharge of domestic septage waste, waste haulers shall allow the Director or authorized City personnel to sample the waste to ensure compliance with discharge limits and requirements. Waste haulers may be required to suspend the discharging of waste until the analysis is complete. The Director reserves the right to refuse permission to dump any load that is suspected of being incompatible or that is determined to be incompatible with the POTW through sampling and analysis, or sound professional judgment. 13.18.130. Notification of chanqes. The permittee must notify the Director of any substantial change in pollutants being discharged into the POTW. Such Ordinance - Page 7 dsc chbbck05.081 notification must include the source of the waste, identification of the waste being discharged, the nature and concentration of pollutants in the discharge, and the time, date and cause of the change. 13.18.140. Penalties. A. Any person who knowingly makes, authorizes, solicits, aids another in making, or attempts to make any false statement, representation or certification in any permit application, record, report, plan or other document filed or required to be maintained pursuant to a permit, or who falsifies, tampers with, bypasses or knowingly renders inaccurate any monitoring device, testing method or testing samples, or who discharges domestic septage waste or other waste into the POTW at any point other than the designated disposal point, or who violates or fails to comply with any provisions or conditions of this chapter or any permit, shall be guilty of a misdemeanor. B. Failure of a waste hauler to comply with the terms or conditions of any permit or the provisions of this chapter may subject the waste hauler to suspension or revocation of the permit by the Director and to prohibition from further discharge into the POTW until a new permit is issued. The basis of the suspension or revocation shall be set forth in writing and may be appealed to the Chubbuck Ordinance - Page 8 dsc chbbck05.081 City Council. Upon a public hearing before the Council, the council shall issue a written decision which shall be final. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 24 ATTEST: CITY CLERK day of j~]y , 1990. Ordinance - Page 9 dsc chbbck05.081