HomeMy WebLinkAbout0286 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:
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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:
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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
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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
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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:
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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:
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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
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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
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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.
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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
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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
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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
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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
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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
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