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0286 Wastewater Collection and Treatment 1986CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 286 AN ORDINANCE OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF IDAHO, AMENDING CHAPTER 13.24, "WASTEWATER COLLECTION AND TREATMENT" OF THE MUNICIPAL CODE OF THE CITY OF CHUBBUCK; AMENDING DEFINITIONS FOUND IN SECTION 13.24.020 AND ADDING ADDITIONAL DEFINITIONS THERETO; REPEALING SUBSECTIONS A, B, C, AND I AND ENACTING NEW SUBSECTIONS A, B, C, AND I, OF SECTION 13.24.030; AMENDING SUBSECTION D, SECTION 13.24.030; ENACTING NEW SUBSECTIONS N AND O OF SECTION 13.24.030; AMENDING SUBSECTIONS A AND B OF SECTION 13.24.040; REPEALING SUBSECTION D AND ENACTING A NEW SUBSECTION D OF SECTION 13.24.040; AMENDING SECTIONS 13.24.050 AND 13.24.080; ENACTING NEW SUBSECTIONS D, E, AND F OF SECTION 13.24.080; AMENDING SECTIONS 13.24.090, 13.24.100 AND 13.24.120; ENACTING A NEW SECTION 13.24.115; PROVIDING REVISED DEFINITIONS IN CONFORMANCE WITH EPA REGULATIONS; PROVIDING EXPANDED EXPLANATIONS OF PROHIBITED DISCHARGES BY MOVING APPENDICES INTO THE BODY OF THE CODE; DELETING REFERENCES TO SUCH APPENDICES; UPDATING TIME LIMIT REFERENCES; PROVIDING REGULATIONS AND CONDITIONS FOR WASTEWATER DISCHARGE PERMITS; PROVIDING REGULATIONS FOR PRETREATMENT FACILITIES; PROVIDING THAT ALL OTHER SECTIONS AND SUBSECTIONS OF CHAPTER 13.24 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, the Environmental Protection Agency has reviewed the wastewater treatment regulations codified as Chapter 13.24 of the Municipal Code of the City of Chubbuck, and has specified certain changes in order for the ordinance to be in better conformance with federal regulations; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK AS FOLLOWS: ORDINANCE NO. 285 - Page 1 ck 4T-4 Section 1: That certain subsections of Section 13.24.020 be amended, that new subsections be inserted and that all subsections be re-lettered as needed, pursuant to the following: (1) A new subsection "Applicable Pretreatment Standards" shall be inserted alphabetically within Section 13.24.020, to read as follows: C. "Applicable Pretreatment Standards" for any specified pollutant, means general discharge prohibitions, the City's specific limitation on discharge, State standards, or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent. (2) A new subsection "New Source," shall be inserted alphabetically within Section 13.24.020, to read as follows: S. "New Source" means 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 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. (3) Subsection E(2) "Significant industrial discharger," to be re-lettered as necessary, shall be amended to read as follows: F. "Significant industrial discharger" . . . 2. Has in his wastes any priority toxic pollutants ~ ~ ~~ ~~ ~ ~~ ~ 40 CFR Part 403; (4) Subsection M "Pollutant," to be re-lettered as necessary, shall be amended to read as follows: ORDINANCE NO. 285 - Page 2 ck 4T-4 O. "Pollutant" means any substance discharged into a POTW or its collection system~ ~~ ~ ~~ ~ ~ ~ (5) Subsection R "Slugload," to be re-lettered as necessary, shall be amended to read as follows: T. "Slugload" means any discharge which exceeds for a period of duration longer than fifteen minutes more than five times the average twenty-four hour flows during normal operation or more than five times the twenty-four hour allowable concentration of any substance ~~ ~ ~~ ~ ~ ~ ~ ~ ~6 ~ ~W specified in this ordinance or contained in an industrial user's permit. (6) Subsection S "Toxic pollutants," to be re-lettered as necessary, shall be amended to read as follows: U. "Toxic pollutants" means those substances listed in priority pollutant list and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307 of the Clean Water Act. Section 2: That Subsection A of Section 13.24.030, be repealed and a new Subsection A be enacted to read as follows: 13.24.030 General Discharge Prohibitions .... A. Any liquids, 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 another way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any ORDINANCE NO. 285 - Page 3 ck 4T-4 point in the system), be more than five percent nor any single reading over ten percent of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naptha, benzene, toluene, xylene, ethers, alcohols, ketone, aldehydes, peroxides, chlorates, perchlorates, bromenes, carbides, hydrides, sulfides, and other substances which the City, the State or the EPA has notified the user are fire hazards or hazards to the system. Section 3: That Subsection B of Section 13.24.030, be repealed and a new Subsection B be enacted to read as follows: 13.24.030 General Discharge Prohibitions .... B. (1) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred mg/1 for either the vegetable and animal or petroleum fractions as determined by the silica gel hydrocarbon partition method or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (zero degrees Centigrade) and one hundred fifty degrees Fahrenheit (sixty-five degrees Centigrade). (2) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horse power (0.76 metric) or greater shall be subject to the review and approval of the Public Works Director. Food waste discharged into any sewer shall have been properly shredded so that 100 percent will pass a 3/8 inch sieve and 75 percent will pass a 1/4 inch sieve. Section 4: That Subsection C of Section 13.24.030, be repealed and a new Subsection C be enacted to read as follows: 13.24.030 General Discharqe Prohibitions .... C. Any soluble waste or wastes having a pH lower than 6.0 or higher than 9.0 or having any other corrosive property which reasonably could be hazardous to structures, equipment, or personnel of the City, such as, but not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine. Section 5: That Subsection D, Section 13.24.030, be amended to read as follows: 13.24.030 General Discharge Prohibitions .... D. 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 ORDINANCE NO. 285 - Page 4 ck 4T-4 in National Categorical Pretreatment Standards, Section 6: That Subsection I, Section 13.24.030, be repealed and a new Subsection I be enacted to read as follows: 13.24.030 General Discharge Prohibitions .... I. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (sixty-five degrees Centigrade) or having temperatures sufficient to cause the influent to the treatment plant to exceed one hundred four degrees Fahrenheit (forty degrees Centigrade). If, in the opinion of the Public Works Director, lower temperatures of such wastes could harm either the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving streams or otherwise endanger life, health, or property; or constitute a nuisance, the Public Works Director may prohibit such discharges. Section 7: That a new Subsection N be enacted in Section 13.24.030, to read as follows: 13.24.030 General Discharqe Prohibitions .... N. The following discharges are not permitted unless approved otherwise in writing by the approving authority: 1. A standard five day biochemical oxygen demand greater than four hundred milligrams per liter or two hundred pounds in any one day. 2. Wastes containing more than four hundred milligrams per liter of suspended solids or two hundred pounds in any one day. 3. A flow of ten thousand gallons or more per average work day or a flow greater than five percent of the flow carried by the treatment facility receiving the waste. 4. Chlorine demand of more than twenty milligrams per liter. 5. Wastewater at a flow rate and/or pollutant discharge rate which is excessive over a relatively short time period so that there is a treatment process upset and subsequent loss of treatment efficiency. Section 8: That a new Subsection O be enacted in Section 13.24.030, to read as follows: ORDINANCE NO. 285 - Page 5 ck 4T-4 13.24.030 General Discharqe Prohibitions .... O. Any material from a cesspool, privy septic tank or other on-site disposal system shall not be discharged into a sewer except at points in the Municipal Sewage System designated for such discharge. Section 9: That Subsection A of Section 13.24.040, be amended to read as follows: 13.24.040 Limitations on Wastewater Strenqth. A. National Categorical Pretreatment Standards. National categorical pretreatment standards ~~ ~ as promulgated by the U.S. Environmental Protection Agency pursuant ~~ 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. Section 10: That Subsection B of Section 13.24.040, be amended to read as follows: 13.24.040 Limitations on Wastewater Strenqth. B. Right of Revision. The city reserves the right to ~ revise this chapter from time to time ~ ~~ ~ ~ where deemed necessary to comply with the objectives set forth in Section 13.24.010. Section 11: That Subsection D, Section 13.24.040, be repealed and a new Subsection D be enacted to read as follows: 13.24.040 Limitations on Wastewater Strength. D. Concentration Limitations. 1. No discharger shall discharge any waters or wastes containing heavy metals and similar objectionable or toxic substances to such a degree that any such material received in the composite sewage at the point of discharge exceeds the limits as follows: ORDINANCE NO. 285 - Page 6 ck 4T-4 Pollutant Daily Maximum (mg/1) Arsenic 2.1 Cadmium 0.1 Chromium (total) 2.8 Copper 0.5 Fluoride 32.0 Lead 0.5 Mercury 0.1 Nickel 1.0 Silver 0.4 Zinc 1.0 Cyanide (total) 1.2 Total Toxic Organics (TTO) 1.37 (Note: "Total Toxic Organics" means the summation of all values greater than 0.01 mg/1 for each of the toxic organics specified in 40 CFR 433.11) 2. For purposes of enforcement of discharge limitations the rules establishing what constitutes a violation for general industrial dischargers are shown below. Those users subject to National Pretreatment Standards will be subject to enforcement action in accordance with the criteria and the limitations specified in the categorical standard or the General Pretreatment Standards 40 CFR 403. 3. "Daily maximum discharge" means the discharge of a pollutant determined as the average measurement of the pollutant over the day. Based on samples collected during a 24 hour period, the maximum daily allowable concentration is violated under the following circumstances: The arithmetic mean of concentrations for 8 consecutive samples collected over intervals of 15 minutes or greater is in excess of the limitation; The concentration of any single sample (whether grab or a sample within a series) -- exclusive of any fats, oils and grease -- exceeds the limitation by a factor of 4. ORDINANCE NO. 285 - Page 7 ck 4T-4 The arithmetic mean of the concentration of fats, oils, or greases fo~ 3 grab samples, taken no more frequently than at 5 minute intervals, exceeds the limitation. The arithmetic mean of the antilog of the pH values of at least 8 consecutive samples taken at intervals of 15 minutes or greater, is less than an equivalent pH value of 5.5, or the pH of any single sample is less than 5.0. Section 12: That Section 13.24.050 be amended to read as follows: 13.24.050 Accidental discharges. A. Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. 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 a ~ plan and submit it to the city ~ ~6 30~ I~ within sixty days of notification. No discharger who discharges to the POTW after ~ ~ I9~ the date established by the Director 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 chapter. B. Dischargers shall notify the city immediately upon the occurrence of a "slugload", or accidental discharge of substances prohibited by this chapter. The notification shall include location of 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. The discharger shall follow up with a written report to the Director within five days of the notification. ORDINANCE NO. 285 - Page 8 ck 4T-4 Section 13. That Section 13.24.080 be amended to read as follows: 13.24.080 Wastewater discharge data disclosure. A. 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 chapter ~~ ~~ ~ ~f~ ~ ~ff~~ B. 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 within thirty days after ~ ~ff~9~ ~ ~f ~ ~~ ~~6~ ~ ~ ~6~ being notified by the Director of Public Works, and proposed new dischargers shall file their disclosure forms at least sixty 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: 3. Disclosure of wastewater constituents and characteristics ~~/ ~ ~ ~~ ~ ~ ~~ ~ ~ ~ ~~ ~f~ ~ ~M ~~ as specified by the Public Works Director, as determined by bona fide 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; 11. Disclosure of the type and amount of raw materials utilized, including chemical utilization, (average and maximum per day); C. The city will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Within thirty days after full evaluation and acceptance of the data furnished, the city shall notify the discharger of either the city's acceptance thereof through issuance of ~ ~~ 9~~ ~~ f~ a wastewater discharqe permit, or rejection thereof. ORDINANCE NO. 285 - Page 9 ck 4T-4 Section 14. That a new Subsection D of Section 13.24.080 be enacted to read as follows: 13.24.080 Wastewater discharge data disclosure. D. Permit Conditions. Wastewater Discharge Permits shall specify no less than the following: 1. Fees and charges to be paid upon initial permit issuance; 2. Limits on the average and maximum wastewater constituents and characteristics regulated thereby; 3. Limits on average and maximum rate and time of discharge and/or requirements for flow regulations and equalization; 4. Requirements for installation and maintenance of inspection and sampling facilities; 5. Special conditions as the Director may reasonably require under sampling location, frequency of sampling, number, types, and standards for tests and reporting schedule; 6. Compliance schedules; 7. Requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this chapter. Section 15. That a new Subsection E of Section 13.24.080 be enacted to read as follows: 13.24.080 Wastewater discharge data disclosure. E. Permit Duration. Ail wastewater discharge permits shall be issued for a time period as determined by the Public Works Director but for no less than one year, subject to amendment or revocation as provided in this chapter. Section 16. That a new Subsection F of Section 13.24.080 be enacted to read as follows: 13.24.080 Wastewater discharge data disclosure. ORDINANCE NO. 285 - Page 10 ck 4T-4 F. Limitations on Permit Transfer. Wastewater discharge permits are issued to a specific discharger for a specific operation and are not assignable to another discharger without the prior written approval of the Director, nor are they transferrable to any other location. Section 17. That Section 13.24.090 be amended to read as follows: 13.24.090. ~~ ~f ~~/ Permit Modification. The city reserves the right to amend ~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~~ any permit issued hereunder in order to assure compliance by the ~ discharger with applicable laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard, ~ ~~ the permit if required shall be amended to require compliance by dischargers with such standards within the time frame prescribed by such standards. All National Categorical Pretreatment Standards ~~ ~f~ ~ ~~~ ~f ~ shall automatically become a part of this chapter. Where a discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted a disclosure form as required by Section 13.20.090, the discharger shall file a disclosure form with the city within one hundred eighty 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 disclosure statement shall submit to the city, within one hundred eighty days after the promulgation of any applicable National Categorical Pretreatment Standard, the additional information required by subdivisions 8 and 9 of subsection A of Section 13.24.090. The discharger shall be informed of any proposed changes in this chapter at least thirty days prior to the effective date of change. Any changes or new conditions in this chapter ~ may require modification of the permit, as well as including a reasonable time schedule for compliance. Section 18. That Section 13.24.100 be amended to read as follows: 13.24.100 Reporting compliance for discharger. A. Compliance data report: Within ninety days following the date for final compliance by the discharger with applicable pretreatment standards set forth in this chapter, or ~~ ~ following commencement of the introduction of wastewater into the POTW by a ~ "New Source" discharger, any discharger subject to this chapter shall submit to the city a report indicating the nature and concentration of all prohibited ORDINANCE NO. 285 - Page 11 ck 4T-4 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 and 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 chapter, after the compliance date of such pretreatment standard or, in the case of a ~ "New Source" 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 of this chapter. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in Section 13.24.110. 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 X~ ~ ~X~t~ ~~6~ ~~ ~f ~ ~~ by the city. 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 19. That a new Section 13.24.115, "Pretreatment Facilities", be enacted to read as follows: 13.24.115 Pretreatment Facilities. Users shall provide necessary wastewater pretreatment as required to comply with this ordinance and shall achieve compliance with all applicable ORDINANCE NO. 285 - Page 12 ck 4T-4 pretreatment standards within the time limitations as specified by appropriate statutes, regulations, and ordinances. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, properly operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities shall be submitted to the city for review and must be acceptable to the city before construction of the facility. The user shall obtain all necessary construction-operating permits from the city. Such pretreatment facilities shall be under the control and direction of a qualified wastewater treatment operator. The review of such plans shall in no way relieve the user from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Within a reasonable time after the completion of the wastewater treatment facility, the user shall furnish its operations and maintenance procedures for the city to review. Any subsequent significant changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the city prior to the user's initiation of the changes. Section 20. That Subsection 13.24.120(A) be amended to read as follows: 13.24.120 Enforcement. a. Emergency suspension of ~~ ~~ service and revocation of permit. The city may, without advance notice, order the suspension of the wastewater treatment service and revoke the ~~ ~~ ~~ f~ permit 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 this chapter. 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 upon proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat as set forth above. ORDINANCE NO. 285 - Page 13 ck 4T-4 Section 21. ~epeal 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. All sections and provisions of Chapter 13.24 not herein amended shall remain in full force and effect. Section 22. 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 23. 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 1986. ATTEST: CITY CLERK 26th day of AUGUST ORDINANCE NO. 285 - Page 14 ck 4T-4