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0436 Wastewater Collection & Treatment 1995ORDINANCE NO. 436 AN ORDINANCE OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF IDAHO, REPEALING CHAPTER 13.24 "WASTEWATER COLLECTION AND TREATMENT" AND REENACTING A NEW CHAPTER 13.20 "NONRESIDENTIAL WASTEWATER DISCHARGES" TO THE CHUBBUCK MUNICIPAL CODE; PROVIDING UNIFORM REQUIREMENTS FOR DIRECT AND INDIRECT DISCHARGES OF POLLUTANTS FROM NON-DOMESTIC SOURCES INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEM FOR THE CITY; PROVIDING REGULATIONS AND PROCEDURES TO COMPLY WITH APPLICABLE STATE AND FEDERAL LAWS INCLUDING THE CLEAN WATER ACT AND GENERAL PRETREATMENT REGULATIONS; PROVIDING FOR ISSUANCE OF PERMITS; MONITORING AND ENFORCEMENT ACTIVITIES; ESTABLISHING ADMINISTRATIVE REVIEW PROCEDURES; REQUIRING USER REPORTING; PROVIDING FOR THE SETTING OF FEES FOR EQUITABLE DISTRIBUTION OF COSTS; PROVIDING THAT ALL OTHER CHAPTERS OF TITLE 13 NOT HEREIN REPEALED AND REENACTED SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW, THE RULE REQUIRING THAT AN ORDINANCE BE READ ON THREE SEPARATE OCCASIONS HAVING BEEN DISPENSED WITH. WHEREAS, City staff and federal officials have been working together in an effort to amend the City's wastewater treatment regulations and have presented the final draft to the City Council for approval; and WHEREAS, the City Council has reviewed the new code provisions and deems them necessary and appropriate; NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK THAT CHAPTER 13.24 OF THE CHUBBUCK MUNICIPAL CODE AND IS HEREBY REPEALED IN ITS ENTIRETY AND A NEW CHAPTER 13.20 ENACTED IN ITS PLACE TO READ AS FOLLOWS: 13.20.010 Purpose. 13.20.020 Definitions. 13.20.030 Prohibitive discharge standards. 13.20.040 Supplemental limitations. 13.20.050 Accidental discharges. 13.20.060 Fees. 13.20.070 Compliance and approval before discharging. 13.20.080 Significant industrial users -- compliance. 13.20.090 Significant industrial users-- 13.20.090 Significant industrial users -- application for a permit. 13.20.095 Industrial waste discharge permit. 13.20.096 Wastewater permit appeals. 13.20.097 Permit reissuance. 13.20.100 Permit modification. 13.20.105 Deadline for compliance with categorical standards. 13.20.110 Compliance report --initial. 13.20.120 Compliance report --periodic. 13.20.121 Compliance schedules for meeting applicable pretreatment standards. 13.20.122 Sampling and analysis by users and by the City. 13.20.123 Provisions governing fraud and false statements. 13.20.124 Hazardous waste notification. 13.20.125 Signatory requirements for industrial user reports. 13.20.130 Monitoring facilities --requirements. 13.20.140 Monitoring facilities --inspection and sampling. 13.20.145 Resampling by industrial users that report noncompliance. 13.20.150 Confidentiality of information. 13.20.155 Pretreatment facilities. 13.20.160 Notification of violation. 13.20.162 Consent orders. 13.20.164 Show cause hearing. 13.20.166 Compliance orders. 13.20.168 Cease and desist orders. 13.20.170 Administrative fines. 13.20.172 Emergency suspensions. 13.20.174 Termination of permit. 13.20.176 Injunctive relief. 13.20.178 Civil penalties. 13.20.180 Criminal prosecution. 13.20.185 Falsifying, vandalizing, or tampering with information. 13.20.187 Severability. 13.20.190 Annual publications of significant non-compliance. 13.20.200 Appeals. 13.20.210 Upset provision. 13.20.215 Bypass. 13.20.220 Records retention. 13.20.230 Search warrants. 13.20.240 Conflicts. 13.20.250 Notification of significant production changes. 13.20.260 Notice of potential problems, including accidental spills slugs loadings. 13.20.270 Notification of changed discharge. F 13.20.280 TTO reporting. 13.20.290 Reports from unpermitted users. NONRESIDENTIAL WASTEWATER DISCHARGES 13.20.010 Purpose. This chapter sets forth uniform requirements for direct and indirect discharges of pollutants from nondomestic sources into the wastewater collection and treatment system for the city and enables the city to comply with all applicable state and federal laws including the Clean Water Act (33 U.S.C. §S 1251 et seq.) and the General Pretreatment Regulations (40 C.F.R. part 403). The objectives of this chapter are: (a) To prevent the introduction of pollutants into the city wastewater system which will interfere with the operation of the system; (b) To prevent the introduction of pollutants into the city wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; (c) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its beneficial use; (d) To protect city personnel who may come into contact with sewage, sludge and effluent in the course of their employment and to protect the general public; (e) To preserve the hydraulic capacity of the city wastewater system; 3 (f) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; (g) To provide for equitable distribution of the cost of operation, maintenance, and improvements of the city wastewater system; and (h) To ensure the city complies with its National Pollutant Discharge Elimination System ("NPDES") permit conditions, sludge use and disposal requirements and any other federal or state laws to which the city wastewater system is subject. This chapter provides for the regulation of direct and indirect discharge to the city wastewater collection system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, establishes administrative review procedures, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. 13.20.020 Definitions. Terms used in this chapter shall have the meanings set forth herein, or if not defined herein, as set forth in §13.16.020 of this code: A. "Act" means the Clean Water Act (33 U.S.C. §§ 1251 et seq.), as amended. B. "Applicable pretreatment standards," for any specified pollutant, means general discharge prohibitions, the city's specific limitation on discharge, state standards, or 4 the national categorical pretreatment standards (when effective), whichever standard is most stringent. C. "Approving authority" means the Public Works Director or his or her duly authorized deputy, agent or representative. D. "Biochemical Oxygen Demand (BOD) (BODS)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures 5 days at 204 centigrade expressed in terms of weight and concentration (milligrams per liter mg/1). E. "Bypass" means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. F. "Categorical pretreatment standard" or "Categorical standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act which applies to a specific category of industrial users and which appears in 40 C.F.R. chapter 1, subchapter N, parts 405-471, incorporated herein by reference. G. "City" means the City of Chubbuck, city council, the city sewer system, the Public Works Director, Pretreatment Coordinator or his or her duly authorized deputy, representative, or agent, or POTW or approving authority as defined herein or in 40 C.F.R. part 403. H. "City sewer system" or "city wastewater system" means any sewage treatment works and sewers and conveyance 5 appurtenances discharging thereto, owned and operated by the city. I. "Color" means the optical density of the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. J. "Composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. K. "Cooling water" means the water discharged from any use such as air conditioning, cooling, or refrigeration, to which the only pollutant added is heat. L. "Domestic user (residential user)" means any person who contributes, causes, or allows the contribution of wastewater into the POTW that is of a similar volume and/or chemical makeup as that of a residential dwelling unit. Dischargers from a residential dwelling unit typically include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita, and 0.17 pounds of TSS per capita. M. "Grab sample" means a sample which is taken from a wastestream on a one time basis without regard to the flow in the wastestream and without consideration of time. N. "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from a source regulated under § 307(b) or (c) of the Act into the city sewer system. 6 O. "Industrial waste" means solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources. P. "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the normal operation of the city sewer system, or which causes a violation of any requirement of the city's NPDES permit including an increase in the magnitude or duration of a violation or any increase in the cost of treatment of sewage or in the cost of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder or more stringent state or local regulations: § 405 of the Act, Solid Waste Disposal Act (SWDA) (including Title II, Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of SWDA), Clean Air Act, Toxic Substances Control Act, and Marine Protection, Research, and Sanctuaries Act. Q. "Lower Explosive Limit (LEL)" means the lowest concentration of a gas in air mixture at which the gas can ignite. R. "Medical waste" means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomentation wastes, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. 7 S. "National prohibitive standard" or "prohibitive discharge standard" means any regulation developed under the authority of § 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5. T. 1. "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 § 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: i. The building, structure, facility or installation is constructed at a site at which no other source is located; or ii. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or iii. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source will be considered. 8 2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Is (1)(ii) or (1)(iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment. 3. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: i. Begun, or caused to begin as part of a continuous onsite construction program: a. Any placement, assembly, or installation of facilities or equipment; or b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or ii. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. U. "New User" is not necessarily a "new source" and is defined as any person who applies to the city for a new 7 building permit or any person who occupies an existing building and plans to discharge wastewater to the city's collection system. V. "NPDES" means National Pollutant Discharge Elimination System Permit program as administered by EPA or the state. W. "Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes. X. "Pass through" means a discharge which exits the city into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the city's NPDES permit (including an increase in the magnitude or duration of a violation). Y. "pH" means a measure of the acidity or alkalinity of a substance, expressed in standard units. Z. "Pollutant" means any substance discharged into the city sewer system or its collection system. AA. "Pretreatment" means the reduction of the amount of pollutants, the elimination 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 the city sewer system. 10 BB. "Pretreatment requirement" means any substantive or procedural requirements related to pretreatment, other than applicable pretreatment standards, imposed on an industrial user. CC. "Sewage" means water -carried human wastes or a combination of water -carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters, stormwaters or other waters as may be present. DD. "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or stormwater from the generating source. EE. "Significant industrial user." 1. Except as provided in 1 (2) of this section, the term significant industrial user means: i. All industrial users subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N; and ii. Any other industrial user that: discharges an average of 25,000 gpd or more of process wastewater to the city sewer system (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the city treatment plant; or is designated as such by the city on the basis that the industrial user has a reasonable potential for adversely affecting the city's operation or for violating any 11 pretreatment standard or requirement in accordance with 40 C.F.R. § 403.8(f) (6) . 2. Upon a finding that an industrial user meeting the criteria in I (1)(ii) of this section has no reasonable potential for adversely affecting the city's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such industrial user is not a significant industrial user. FF. "Significant noncategorical industrial user" means an industrial user not subject to categorical pretreatment standards. GG. "Significant noncompliance." An industrial user is in significant noncompliance if its violation meets one or more of the following criteria: 1. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a 6 month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter: 2. Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a 6 month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC 12 (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH). 3. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public). 4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the city's exercise of its emergency authority under § 13.20.172 and 40 C.F.R. § 403.8(f)(1)(vi)(B) to halt or prevent such a discharge. 5. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in an industrial waste discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance. 6. Failure to provide, within 30 days after the due date established by the city or by this chapter, appropriate reports outlined in this chapter or as required by the city. 7. Failure to accurately report noncompliance. 8. Any other violation or group of violations which the city determines will adversely affect the operation or implementation of the local pretreatment program. HH. "Slug discharge" or "slugload" means any discharge of a nonroutine, episodic nature, including but not 13 limited to an accidental spill or a noncustomary batch discharge. II. "Pretreatment Coordinator" means the city water pollution control officer or his or her duly authorized deputy, agent or representative. JJ. "Toxic pollutants" means those substances listed in the federal priority pollutant list and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA administrator under § 307 of the Act. KK. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with the standards set forth in § 13.20.030 because of factors beyond the reasonable control of the industrial user. LL. "User" or "industrial user" means any nonresidential user who discharges an effluent into the city sewer system 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. MM. "Wastewater" means industrial waste, or sewage or any other water including that which may be combined with any groundwater, surface water or stormwater, that may be discharged to the city sewer system. Abbreviations shall have the following meanings: BOD Biochemical Oxygen Demand CFR Code of Federal Regulations 14 COD Chemical Oxygen Demand EPA U.S. Environmental Protection Agency gpd Gallons Per Day 1 Liter LC50 Lethal Concentration for 50% of the test organisms LEL Lower Explosive Limit mg Milligrams mg/l Milligrams per Liter NPDES National Pollutant Discharge Elimination System O & M Operation and Maintenance POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIC Standard Industrial Classification SIU Significant Industrial User SWDA Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.) TSS Total Suspended Solids USC United States Code 13.20.030 Prohibitive discharge standards. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general and specific prohibitions apply to all users of the city wastewater system whether or not the user is subject to categorical pretreatment standards or requirements. Furthermore, no user may contribute the following substances to the system, unless prior written approval has been obtained from the superintendent: 15 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 city sewer system or to the operation of the city sewer system, including, but not limited to, wastestreams with a closed cup flashpoint of less than 1409F or 609C using the test methods specified in 40 C.F.R. § 261.21. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than 5% of the Lower Explosive Limit (LEL) of the meter. B. 1. Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; or any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 350 mg/l for the vegetable and animal fraction, or 100 mg/l for the petroleum fraction as determined by the silica gel hydrocarbon partition method or containing substances which may solidify or become viscous at temperatures between 329F (09C) and 1509F (654C); 2. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.56 Kw metric) or greater shall be subject to the review and approval of the superintendent. Food waste discharged into any sewer shall have been properly shredded so that 100% will pass a 3/8 inch sieve and 75% will pass a 3/4 inch sieve; 16 C. Any soluble waste or wastes having a pH lower than 5.0 or higher than 10.0 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; D. Any wastewater containing toxic pollutants in sufficient quantity or concentration, 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; E. Pollutants which result in the presence of toxic gases, vapors, or fumes within the city sewer system in a quantity that may cause acute worker health and safety problems; F. Any substances which may cause the city'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 city cause the city to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the SWDA, Clean Air Act, Toxic Substances Control Act or state standards applicable to the sludge management method being used.) 17 G. Any substance which will cause the city to violate its NPDES and/or other disposal system permits; H. Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions; I. Any liquid or vapor generating heat in amounts which will inhibit biological activity in the city sewer system resulting in interference, but in no case heat in such quantities that the temperature at the city treatment plant exceeds 409C or 1049F unless the city approves alternate temperature limits. If, in the opinion of the pretreatment coordinator, 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 pretreatment coordinator may prohibit such discharges; J. 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 city sewer system; K. Any unpolluted water, including but not limited to noncontact cooling water, unless approved by the city; L. 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; 18 M. Any wastewater which causes a hazard to human life or creates a public nuisance; pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; N. The following discharges are not permitted unless approved otherwise in writing by the city: 1. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the city sewer system; 2. Wastes containing more than 400 mg/l of suspended solids or 200 pounds in any 1 day; 3. A flow of 25,000 gpd or more per average workday or a flow of 5% or more of the average dry weather hydraulic or organic capacity of the treatment facility receiving the waters; 4. Chlorine demand of more than 20 mg/1; 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; 19 O. Any material from a cesspool, privy septic tank or other on-site disposal system and any trucked or hauled pollutants, shall not be discharged into a sewer except at points in the city sewage system designated for such discharge pursuant to chapter 13.18 of this code. P. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the city sewer system resulting in interference; Q. Affirmative defenses. A user shall have an affirmative defense in any action brought against it alleging a violation of the prohibitions established in this section where the user can demonstrate that: 1. It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and 2. A. A local limit designed to prevent pass through and/or interference, as the case may be, was developed by the city for each pollutant in the user's discharge that caused pass through or interference, and the user was in compliance with each such local limit directly prior to and during the pass through or interference; or B. If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed by the city for the pollutant(s) that caused the pass through or interference, the user's discharge directly prior to and during the pass through or interference did not change 20 substantially in nature or constituents from the user's prior discharge activity when the city was regularly in compliance with the city's NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal. R. Any medical wastes, except as specifically authorized by the pretreatment coordinator in a wastewater permit. State requirements and limitations on discharges to the city system shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter or other chapters of this code. 13.20.040 Supplemental limitations. A. National categorical pretreatment standards. National categorical pretreatment standards as promulgated by EPA pursuant to the Act are hereby adopted by reference and shall be met by all users of the regulated industrial categories. An application for modification of the national categorical pretreatment standards may be considered for submission to the EPA Regional Administrator by the city, when the city's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 C.F.R. § 403.7. 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 § 13.20.010. 21 C. Dilution prohibited as substitute for treatment. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The city may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate. D. Concentration limitations. 1. No user 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 (metals are total unless expressed otherwise): Pollutant Daily Maximum (mg/1) Arsenic 2.1 Cadmium 0.1 Chromium (total) 2.8 Copper 0.5 Cyanide 1.2 Fluoride 32.0 22 Lead 0.5 Mercury 0.1 Nickel 1.0 Silver 0.4 Zinc 1.2 Total Toxic Organics (TTO) 2.13 (Note: "Total Toxic Organics" means the summation of all values greater than 0.01 mg/l for each of the toxic organics specified in 40 C.F.R. part 122, appendix D) E. Special agreements. The city reserves the right to enter into special agreements with users setting out special terms under which the industrial user may discharge to the system. In no case will a special agreement waive compliance with a pretreatment standard. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 C.F.R. § 403.15. Industrial users may also request a variance from the categorical pretreatment standard from the EPA. Such a request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by the EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 C.F.R. § 403.13. 23 13.20.050 Accidental discharges. A. Each user 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 user'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 users and any other existing users where requested by the pretreatment coordinator shall complete a plan and submit it to the city within 60 days of notification. No user who discharges to the city sewer system after the date established by the pretreatment coordinator 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 user from the responsibility to modify its facility as necessary to meet the requirements of this chapter. The plans referred to above shall contain, at a minimum, the following elements: (i) Description of discharge practices, including non -routine batch discharges; (ii) Description of stored chemicals; (iii) Procedures for immediately notifying the city of slug discharges, including any discharge that would 24 violate applicable pretreatment standards established herein, with procedures for follow up written notification within 5 days; (iv) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. B. Users shall notify the city immediately upon the occurrence of a "slugload," or accidental discharge of substances prohibited by this chapter or of all discharges that could cause problems to the city wastewater system. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any user who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the city, in addition to the amount of any fines imposed on the city on account thereof under state or federal law. The user shall follow up with a written report to the pretreatment coordinator within 5 days of the notification. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described above. Employers shall ensure 25 that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. C. The city shall have authority to evaluate, at least once every 2 years, whether each such significant industrial user needs a plan to control slug discharges. The results of such activities shall be available to the city upon request. If the city decides that a slug control plan is needed, the plan shall contain, at a minimum, the elements set out in § 13.20.050(A) (i) through (iv) above. 13.20.060 Fees. A. The city may adopt charges and fees including, but not limited to: 1. Fees for monitoring, inspections and surveillance procedures; 2. Fees for filing appeals; 3. Fees for reviewing accidental discharge procedures and construction. B. Such fees may be set from time to time by resolution of the city council. 13.20.070 Compliance and approval before discharging. It is unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the city and/or to the city sewer system without having first complied with the terms of this chapter. In addition to the terms of this chapter, a significant industrial user shall not 26 be allowed to connect to the wastewater system without written approval from the city. The city may deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the city wastewater system by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the city to violate its NPDES permit. compliance. 13.20.080 Significant industrial users -- All significant industrial users proposing to connect to or to discharge sewage, industrial wastes and other wastes to the city sewer system shall comply with all terms of this chapter. 13.20.090 Significant industrial users --Application for a permit. A. Any industrial user meeting the definition of an SIU is required to apply for a wastewater discharge permit on a data disclosure form prescribed by the city. This application shall fulfill the requirement of 40 C.F.R. § 403.12(b) and contain at a minimum the information listed in (1) through (7) of this section. Existing SIUs shall apply for a permit within 30 days of being notified by the city. At least 90 days prior to the anticipated start up, new sources, sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, new users considered by the city to fit the 27 definition of SIU shall apply for a permit and will be required to submit to the city at least the information listed in 55 (1) through (5) of this section. A new source or new user cannot discharge without receiving a permit from the city. New sources and new users shall also be required to include in this report information on the method of pretreatment the source or user intends to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in 44 (4) and (5) of this section. (1) Identifying information. The user shall submit the name and address of the facility including the name of the operator and owners; (2) Permits. The user shall submit a list of any environmental control permits held by or for the facility; (3) Description of operations. The user shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by the user. This description should include a schematic process diagram which indicates points of discharge to the city wastewater system from the regulated or manufacturing processes; disclosure of the time and duration of discharges; 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; description of activities, facilities and plant processes on the premises 28 including all materials which are or may be discharged to the sewers or works of the city. (4) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow in gpd to the city wastewater system from each of the following: streams; and (i) Regulated or manufacturing process (ii) Other streams as necessary to allow use of the combined wastestream formula of 40 C.F.R. § 403.6(e). This requirement only applies to users covered by categorical pretreatment standards. The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations. (5) Measurements of pollutants. (i) The user shall identify the applicable pretreatment standards for each regulated or manufacturing process. (ii) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration or (mass where required by the categorical pretreatment standard or by the city) of regulated pollutants (including standards contained in §§ 13.20.125 & 13.20.040, as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The 29 sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in this chapter. (iii) The user shall take a minimum of 1 representative sample to compile that data necessary to comply with the requirements of this paragraph. (iv) Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. § 403.6(e) for an industrial user covered by a categorical pretreatment standard, this adjusted limit along with supporting data shall be submitted as part of the application. (6) Certification. A statement, reviewed by an authorized representative of the industrial user as defined in § 13.20.125 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional O & M and/or additional pretreatment is required for the industrial user to meet the applicable pretreatment standards and requirements; a similarly reviewed and certified statement that the disclosure form satisfies 40 C.F.R. § 403.12(b) for users covered by categorical pretreatment standards; and (7) Compliance schedule. If additional pretreatment and/or O & M will be required to meet the applicable pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date 30 established for the applicable categorical pretreatment standard. For noncategorical industries a final compliance date will be established by the city. (i) Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 C.F.R. § 403.7), the combined wastestream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) at the time the user submits the report required by this paragraph, the information required by 11 (6) and (7) of this section shall pertain to the modified limits. (ii) If the categorical pretreatment standard is modified by a removal allowance (40 C.F.R. § 403.7), the combined wastestream formula (40 C.F.R. § 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. § 403.13) after the user submits the report required by 11 (6) and (7) of this section shall be submitted by the user within 60 days after the modified limit is approved. B. The city will evaluate the complete disclosure form and data furnished by the user and may require additional information. Within 30 days after full evaluation and acceptance of the data furnished, the city shall notify the user of either the city's acceptance thereof through issuance of a wastewater discharge permit, or rejection thereof. 31 13.20.095 Industrial waste discharge permit. A. No industrial user may discharge any contribution to the city sewer system unless it has been issued a wastewater discharge permit or other written order or permission to do so by the city. No significant industrial user, as defined in this chapter, may discharge any contribution to the city sewer system unless it has been issued a wastewater discharge permit to do so by the city. B. Permit Conditions. Wastewater discharge permits shall specify no less than the following: permit issuance; 1. Fees and charges to be paid upon initial 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 city may reasonably require under particular circumstances of a given discharge including 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. 32 8. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements. 9. Statement that indicates wastewater discharge permit duration, which in no event shall exceed 5 years. 10. Statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. 11. Applicable pretreatment standards and requirements, including any special state requirements. 12. Self monitoring, sampling, reporting, notification, submission of technical reports, compliance schedules, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law. 13. Requirement for immediate notification to the city where self monitoring results indicate noncompliance. 14. Requirement to report a bypass or upset of a pretreatment facility. 15. Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit results to the city within 30 days after becoming aware of the violation. 33 16. Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law. 17. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization. 18. Limits on the daily and monthly average, mass, or other measure of identified wastewater pollutants or properties. 19. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works. 20. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. 21. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW. 34 22. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW. 23. Requirements for installation and maintenance of inspection and sampling facilities and equipment. 24. Statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit. 25. Any special agreements the pretreatment coordinator chooses to continue or develop between the city and the user. 26. Other conditions as deemed appropriate by the pretreatment coordinator to ensure compliance with this ordinance, and state and federal laws, rules, and regulations. C. Permit Duration. All wastewater discharge permits shall be issued for a time period as determined by the city, but for no less than 1 year, nor more than 5 years, subject to amendment or revocation as provided in this chapter. D. Limitations on permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation and are not assignable to another user without the prior written approval of the city, nor are they transferable to any other location. 35 13.20.096 Wastewater permit appeals. Any person including the industrial user may petition to the city to reconsider the terms of the permit within 10 days of the issuance of the final permit. a. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. b. In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative conditions, if any, it seeks to placed in the permit. C. The effectiveness of the permit shall not be stayed pending the appeal. d. If the city fails to act within 15 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative action for purposes of judicial review. 13.20.097 Permit reissuance. A user required to have a wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application, in accordance with § 13.20.090 of this ordinance, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. A user whose existing wastewater discharge permit has expired and has submitted its reapplication in the time period specified herein shall be 36 deemed to have an effective wastewater discharge permit until the city issues the new wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who failed to submit its reapplication in the time period specified herein will be deemed to be discharging without a wastewater discharge permit. 13.20.100 Permit modification. The pretreatment coordinator may modify the permit for good cause including, but not limited to, the following: a. To incorporate any new or revised federal, state, or local pretreatment standards or requirements. b. To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of permit issuance. c. A change in the city wastewater system that requires either a temporary or permanent reduction or elimination of the authorized discharge. d. Information indicating that the permitted discharge poses a threat to the city's wastewater system, city personnel, or the receiving waters. e. Violation of any terms or conditions of the wastewater permit. f. Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting. 37 g. Revision of or a grant of variance from categorical pretreatment standard pursuant to 40 C.F.R. § 403.13. permit. h. To correct typographical or other errors in the i. To reflect a transfer of the facility ownership and/or operation to a new owner/operator. The filing of a request by the permitee for a permit modification does not stay any permit condition. 13.20.105 Deadline for compliance with categorical standards. Compliance by existing sources with categorical pretreatment standards shall be within 3 years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 C.F.R. chapter I, subchapter N, or this chapter of the city code, or any permit or order issued by the city, or any agreement between the city and the user. Existing sources which become industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users except where such sources meet the definition of a new source as defined in § 13.20.020. New sources shall install and have in operating condition and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards. 38 13.20.110 Compliance report -- initial. A. Within 90 days following the date for final compliance by the significant industrial user with the applicable pretreatment standards and requirements set forth in this chapter, in an industrial wastewater discharge permit, or within 30 days following commencement of the introduction of wastewater into the city sewer system by a new source or new users considered by the city to fit the definition of SIU user, any user subject to this chapter shall submit to the city a report indicating the information outlined in 11 (4) through (6) of § 13.20.090. B. For industrial users subject to equivalent mass or concentration limits established by the city in accordance with procedures established in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. 13.20.120 Compliance report -- periodic. A. Any user that is required to have an industrial waste discharge permit and performs selfmonitoring shall submit to the city during the months of June and December, unless required more frequently by the city, a report indicating the nature of the effluent over the previous reporting period. The 39 frequency of monitoring shall be as prescribed within the industrial waste discharge permit. At a minimum, users shall sample their discharge at least twice a year. B. The report shall include a record of the concentrations (and mass) if specified in the permit of the limited pollutants that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations, and shall also include any additional information required by this chapter or the permit. Production data shall be reported if required by the permit. Both daily maximum and average concentration (or mass, where required) shall be reported. If a user sampled more frequently than what was required by the city or by this chapter, it must submit all results of sampling and analysis of the discharge during the reporting period. C. Any user subject to equivalent mass or concentration limits established by the city or by unit production limits specified in the applicable categorical standards, shall report production data as outlined in § 13.20.110(2). D. If the city calculated limits to factor out dilution flows or nonregulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows. E. Flows shall be reported on the basis of actual measurement; provided, however, that the city may accept reports of average and maximum flows estimated by verifiable 40 techniques if the city determines that an actual measurement is not feasible. F. Sampling shall be representative of the user's daily operations and shall be taken in accordance with the requirements specified in § 13.20.127. G. The city may require reporting by users that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system. H. The city may require selfmonitoring by the user or, if requested by the discharger, may agree to perform the periodic compliance report required under this section. If the city agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the city for the sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The city is under no obligation to perform periodic compliance monitoring for a user. 13.20.121 Compliance schedules for meeting applicable pretreatment standards. A. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and 41 operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards. B. No increment referred to in Q (1) of this section shall exceed 9 months. C. Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the city including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports. the City. 13.20.122 Sampling and analysis by users and by A. A minimum of 4 grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24 hour composite samples must be obtained through flow proportional composite sampling techniques where feasible. The city may waive flow proportional composite sampling for any industrial user that demonstrates that flow proportional sampling is infeasible. In such cases, samples may be obtained through time proportional composite sampling techniques or through a minimum of 4 grab 42 samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. B. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or as determined by the city and contained in the user's permit. For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 C.F.R. § 403.6(e) in order to evaluate compliance with the applicable pretreatment standards. C. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 C.F.R. part 136 and amendments thereto. Where 40 C.F.R. part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA administrator determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties, approved by the regional EPA administrator. D. All sample results shall indicate the time, date, and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the 43 industrial user. If a user sampled more frequently than what was required in its permit, it must submit all results of sampling and analysis of the discharge as part of its selfmonitoring report. 13.20.123 Provisions governing fraud and false statements. The reports and other documents required to be submitted or maintained under this section shall be subject to: 1. The provisions of 18 U.S.C. § 1001 relating to fraud and false statements; 2. The provisions of S 309(c)(4) of the Act governing false statements, representation or certification; and 3. The provisions of § 309(c)(6) of the Act regarding responsible corporate officers. 13.20.124 Hazardous waste notification. A. The industrial user shall notify the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the city sewer system of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kg of such waste per calendar month to the city sewer system, the 44 notification shall also contain the following information to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under § 13.20.120(C). The notification requirement in this paragraph does not apply to pollutants already reported under the selfmonitoring requirements of §§ 13.20.110, 13.20.120(A) -(E), 13.20.130, and 13.20.140. B. Discharges are exempt from the requirements of 1 1 during a calendar month in which they discharge no more than 15 kg of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kg of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. 45 C. In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations. D. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. 13.20.125 Signatory requirements for industrial user reports. The reports required by this chapter shall include the certification statement as set forth in 40 C.F.R. § 403.6(a)(2)(ii), and shall be signed as follows: A. By a responsible corporate officer, if the industrial user submitting the reports required in this chapter is a corporation. For the purpose of this paragraph, a responsible corporate officer means 1. a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or 2. the manager of one or more manufacturing, production, or operation facilities employing more than 250 46 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. B. By a general partner or proprietor if the industrial user submitting the reports required by this chapter is a partnership or sole proprietorship respectively. C. By a duly authorized representative of the individual designated in paragraph (A) or (B) of this section if: 1. The authorization is made in writing by the individual paragraph (A) or (B) of this section; 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and 3. The written authorization is submitted to the control authority. D. If an authorization under I (C) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of I (C) of this section must be submitted to the 47 city prior to or together with any reports to be signed by an authorized representative. 13.20.130 Monitoring facilities -- requirements. A. Each significant industrial user shall provide and operate at the user'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 user's premises, except where such location would be impractical or cause undue hardship on the user, the city may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. B. 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 user. C. 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 the permit by the user. 13.20.140 Monitoring facilities -- inspection and sampling. The city shall have the right to enter the 48 facilities of any user to ascertain whether the purpose of this ordinance, and any wastewater discharge permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. Users shall allow the pretreatment coordinator ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the pretreatment coordinator will be permitted to enter without delay for the purposes of performing specific responsibilities. B. The pretreatment coordinator shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. C. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the pretreatment coordinator and shall not be replaced. The costs of clearing such access shall be borne by the user. D. Unreasonable delays in allowing the pretreatment coordinator access to the user's premises shall be a violation of this ordinance. 49 13.20.145 Resampling by industrial users that report noncompliance. If sampling performed by a user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation, except the user is not required to resample if: A. The city performs sampling at the user at a frequency of at least once per month, or B. The city performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling. 13.20.150 Confidentiality of information. A. 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 user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the user. B. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which may disclose trade secrets or secret processes shall not be made 50 available for inspection by the public but shall be made available immediately upon written request to governmental agencies for uses related to this chapter, the NPDES program, and enforcement proceedings involving the user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. 13.20.155 Pretreatment facilities. Users shall provide necessary wastewater pretreatment as required to comply with this chapter and shall achieve compliance with all applicable 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 51 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. 13.20.160 Notification of violation. Whenever the pretreatment coordinator finds that any industrial user has violated or is violating this chapter, a wastewater permit or order issued hereunder, or any other pretreatment requirement, the pretreatment coordinator or his or her agent may serve upon the user a written notice of violation. Within 10 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the pretreatment coordinator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take emergency action without first issuing a notice of violation. 13.20.162 Consent orders. The pretreatment coordinator is hereby empowered to enter into consent orders, assurance of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance 52 within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to §§ 13.20.166 and 13.20.168 below and shall be judicially enforceable. 13.20.164 Show cause hearing. The pretreatment coordinator may order any industrial user which causes or contributes to violation(s) of this chapter, wastewater permits or orders issued hereunder, or any other pretreatment requirement to appear before the pretreatment coordinator and show cause why a proposed enforcement action should not be taken. Notice shall be served on the industrial user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. The notice may be served on any authorized representative of the industrial user. Whether or not the industrial user appears as notified, immediate enforcement action may be pursued following the hearing date. 13.20.166 Compliance orders. When the pretreatment coordinator finds that an industrial user has violated or continues to violate this chapter, permits or orders issued hereunder, or any other pretreatment requirement, 53 he may issue an order to the industrial user responsible for the discharge directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional selfmonitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Furthermore, the pretreatment coordinator may continue to require such additional selfmonitoring for at least 90 days after consistent compliance has been achieved, after which time the selfmonitoring conditions in the discharge permit shall control. 13.20.168 Cease and desist orders. When the pretreatment coordinator finds that an industrial user has violated or continues to violate this chapter, permits or orders issued hereunder, or any other pretreatment requirement, the pretreatment coordinator may issue an order to the industrial user directing it to cease and desist all such violations and to immediately comply with all requirements; and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. 54 13.20.170 Administrative fines. Notwithstanding any other section of this chapter, any user which is found to have violated any provision of this chapter, permits and orders issued hereunder, or any other pretreatment requirement shall be fined in an amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each business day during the period of violation. A. Assessments may be added to the user's next scheduled sewer service charge and the pretreatment coordinator shall have such other collection remedies as may be available for other service charges and fees. B. Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 20% of the unpaid balance and interest shall accrue thereafter at a rate of 7% per month. Furthermore, these unpaid charges, fines and penalties, together with interest therefrom shall constitute a lien against the individual user's property. C. Industrial users desiring to dispute such fines must file a written request for the pretreatment coordinator to reconsider the fine amount within 10 days of being notified of the fine. Where the pretreatment coordinator believes a request has merit, he shall convene a hearing on the matter within 15 days of receiving the request from the industrial user. In the event the user's appeal is successful the payment shall be returned to the industrial user. The city may add the 55 costs of preparing administrative enforcement actions, such as notices and orders to the fine. 13.20.172 Emergency suspensions. The pretreatment coordinator may suspend the wastewater permit of an industrial user for a period not to exceed 30 days whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health of welfare of persons, interferes with the operation of the city wastewater system, or which present or may present an endangerment to the environment. A. Any industrial user notified of a suspension of its wastewater permit shall immediately stop or eliminate its contribution. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, the pretreatment coordinator shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, its receiving stream, or endangerment to any individuals. The pretreatment coordinator shall allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings set forth in § 13.20.174 below are initiated against the user. B. An industrial user which is responsible, in whole or in part, for any discharge presenting imminent 56 endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the pretreatment coordinator before the date of any show cause or termination hearing under §§ 13.20.164 and 13.20.174. 13.20.174 Termination of permit. In addition to the provisions in § 13.20.100, any industrial user which violates the following conditions is subject to permit termination: a. Violation of permit conditions. b. Failure to accurately report the wastewater constituents and characteristics of its discharge. C. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge. d. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling. Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under § 13.20.164 of this chapter why the proposed action should not be taken. 13.20.176 Injunctive relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter, permits or orders issued hereunder, or any other pretreatment requirements, the pretreatment 57 coordinator, through the city's attorney, may petition the district court for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order, or other requirement imposed by this chapter on activities of the industrial user. Such relief may also be sought by the city. 13.20.178 Civil penalties. Any industrial user which has violated or continues to violate this chapter, any order or permit hereunder, or any other pretreatment requirement shall be liable to the city for a maximum civil penalty of $1,000 per violation per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each business day during the period of this violation. A. The city may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city. B. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factors as justice requires. 58 C. Where appropriate, the city may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the city and the industrial user's expense in undertaking the project is at least 150% of the civil penalty. 13.20.180 Criminal prosecution. A. Any industrial who wilfully or negligently violates any provisions of this chapter, any orders or permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than $1,000 per violation per day or imprisonment for not more than 1 year or both. B. Any industrial user who knowingly makes any false statement, representations, or certifications in any application, record, report, plan or other documentation filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than 1 year or both. 13.20.185 Falsifying, vandalizing, or tampering with information. Any person who knowingly makes any false statement, representation, or certification in any application, 59 record, report and plan, or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall (in addition to civil and/or criminal penalties provided by local and state law) be guilty of a misdemeanor and may be prosecuted and punished accordingly. 13.20.187 Severability. If any provision, paragraph, word, section, or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and articles shall not be affected and shall continue in full force and effect. 13.20.190 Annual publication of significant non-compliance. A list of all industrial users in significant non-compliance during the 12 previous months should be annually published by the city in a newspaper of general circulation summarizing the violations and enforcement action undertaken by the city. 13.20.200 Appeals. Any user 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 chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a user and deals with 60 matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a user's request shall not stay enforcement proceedings pending. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and state law. 13.20.210. Upset provision. A. Definition. For the purposes of this section, "upset" means an exceptional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. B. Effect of an upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of Q C are met. C. Conditions necessary for a demonstration of upset. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 1. An upset occurred and the industrial user can identify the cause(s) of the upset; 61 2. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; 3. The industrial user has submitted the following information to the city within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 days): i. A description of the indirect discharge and cause of noncompliance; ii. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; iii. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance. D. Burden of proof. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. E. User responsibility in case of upset. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. 62 13.20.215. Bypass. A. Definitions. 1. "Bypass" means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. 2. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. B. Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of 11 (C) and (D) of this section. C. Notice. 1. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the city, if possible at least 10 days before the date of the bypass. 2. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the city within 24 hours from the time the 63 industrial user becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The city may waive the written report on a case by case basis if the oral report has been received within 24 hours. D. Prohibition of bypass. 1. Bypass is prohibited, and the city may take enforcement action against an industrial user for a bypass, unless: i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and iii. The industrial user submitted notices as required under I (C) of this section. 64 2. The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the 3 conditions listed in I (D)(1) of this section. 13.20.220 Records retention. All users subject to this chapter shall retain and preserve for not less than 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 a user in connection with its discharge. All records which pertain to matters which are the subject of an administrative adjustment or any other enforcement or litigation activities brought by the city pursuant to this chapter shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. 13.20.230 Search warrants. If the pretreatment coordinator has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this ordinance or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the 65 pretreatment coordinator may seek issuance of a search warrant from the appropriate court. Such warrant shall be served at reasonable hours by the pretreatment coordinator in the company of a uniformed police officer of the city. 13.20.240 Conflicts. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of the inconsistency or conflict. 13.20.250 Notification of significant production changes. Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the city within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater discharge permit. 13.20.260 Notice of potential problems, including accidental spills slug loadings. Any user shall notify the city immediately of all discharges that could cause problems to the POTW, including any slug loadings. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during the notification. Any user who discharges a slug 66 (or slugs) 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 under state or federal law. 13.20.270 Notification of changed discharge. All users shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 C.F.R. § 403.12(p). 13.20.280 TTO reporting. Categorical users which are required by EPA to eliminate and/or reduce the levels of toxic organics (TTOs) discharged into the sewer system must follow the categorical pretreatment standards for that industry. Those users must also meet the following requirements: A. Must sample, as part of the application requirements, for all the organics listed under the TTO limit (no exceptions); B. No TTOs used at the facility or the user elects to develop a solvent management plan in lieu of continuously monitoring for TTO. The user must routinely submit a certification statement as part of its selfmonitoring report that there has been no dumping of concentrated toxic organic into the wastewater and that it is implementing a solvent 67 management plan as approved by the city. Facilities that have sampled initially and can verify that there are no toxic organics utilized should not have to develop a solvent management plan but must make the certification statement of no use of toxic organics during the reporting period. 13.20.290 Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the pretreatment coordinator may require. BE IT FURTHER ORDAINED THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW, THE RULE REQUIRING THAT AN ORDINANCE BE READ ON THREE SEPARATE OCCASIONS HAVING BEEN DISPENSED WITH. PASSED AND APPROVED this 28th. day of 1995. ATTEST: RON C. CONLIN, City Clerk MAR FH CITY OF CHUBBUCK, a municipal corporation of Idaho 1 4JOHkK. COTANT, Mayor 68 SUMMARY OF ORDINANCE NO. 436 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, repealing the existing Chapter 13.24 of the Chubbuck Municipal Code and enacting in its place a new Chapter 13.24, "Non-residential Wastewater Discharges"; providing the purpose of the act; providing for definitions of the various terms used throughout the ordinance; providing for the definition of certain abbreviations used throughout the ordinance; providing for discharge standards prohibited and defining those prohibited discharges; providing for supplemental limitations of discharges including the coordination with the EPA Regional Administrator and the Code of Federal Regulations; and providing for concentration limitations for waste containing heavy metals or other toxic substances; providing for the entry by the City into special agreements with users, subject to certain limitations; providing for procedures in dealing with accidental discharges; providing for fees and adoption thereof; providing and requiring that it is unlawful to discharge sewage, industrial wastes or other wastes into any sewer without first having complied with the terms of the ordinance and Chapter 13; providing for compliance for "significant industrial users" as defined in the ordinance and the application by such users for permits; providing for industrial waste discharge permits and the issuance and regulation thereof; providing for appeals and review; providing for reissuance of permits, including procedures for application; providing for modification of permits; providing for deadlines to comply with categorical pretreatment standards as set forth in the Code of Federal Regulations and in the ordinance; providing for initial and periodical compliance reports; providing for a compliance schedule for meeting SUMMARY OF ORDINANCE NO. 438 - Page 1 dec chbbck04.053 .. applicable pretreatment standards; providing for sampling and analysis by the City and users of sewage as more particularly defined; providing for fraudulent and false statements and reports; providing for procedures for notification of hazardous waste discharges; providing for the signatory requirements for industrial user reports; providing for monitoring facilities and inspection and sampling thereof; providing for new sampling by industrial users that report non-compliance; providing for the confidentiality of the information provided pursuant to the ordinance; providing for specific pretreatment facilities; providing for notification for violation of the provisions of the ordinance, Chapter 13, a wastewater permit or order issued pursuant to the ordinance in Chapter 13 or any other pretreatment requirement; providing for consent orders, show cause hearings and compliance orders as well as cease and desist orders; providing for the administrative fines and emergency suspensions; providing for termination of the permit and for the seeking of injuncting relief; providing for other civil penalties, as well as criminal prosecuting; providing for and making it unlawful to falsify, vandalize, or tamper with information provided pursuant to the Chapter and ordinance; providing for the severability of this ordinance; providing for the annual publication of significant non- compliance of all industrial users who fail to significantly comply; providing for appeals; providing for exceptional and temporary non-compliance with categorical pretreatment standards, generally termed as an "upset provision"; providing for by-pass or intentional diversion of waste streams and prohibiting such by-pass; providing for the retention of certain records; providing for the issuance of search warrants; providing for the repeal of other ordinances that are conflicting with Ordinance No. 436; providing for the notification of significant production changers by users operating under a wastewater SUMMARY OF ORDINANCE NO. 438 - Page 2 dec chbbck04.053 discharge permit; providing for the notice of potential problems of a user including spills and slug loadings; providing for notification of changed discharge; providing for categorical users to eliminate or reduce the levels of toxic organics (TTOs) discharging into the system and reporting thereof pursuant to the ordinance; providing for reports from unpermitted users; providing that this ordinance shall be in full force and effect after its passage, approval, publication as allowed by law and providing for waiver of the rule requiring an ordinance be read on three separate occasions to be dispensed with. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 436 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this ,_ day of April, 1995. SUMMARY OF ORDINANCE NO. 436 - Page 3 dsc chbbckO4.053 Thomas J. Holmes, City Attorney