HomeMy WebLinkAbout0436 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REPEALED AND REENACTED SHALL REMAIN IN FULL FORCE AND EFFECT;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CHUBBUCK MUNICIPAL CODE AND IS HEREBY REPEALED IN ITS ENTIRETY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.
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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;
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(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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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(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
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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
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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:
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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;
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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.)
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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;
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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;
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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
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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.
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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
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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