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0659 Pretreatment Regulations 2008CITY OF CHUBBUCK, IDAHO ORDINANCE NO. &59 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING CHAPTER 13.20 OF THE CHUBBUCK MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 13.20, "PRETREATMENT REGULATIONS;" REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 13.20 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: WHEREAS, the City of Chubbuck utilizes the Pocatello Wastewater Treatment Plant and by agreement with the City of Pocatello, Chubbuck is required to adopt from time to time their regulations with respect to nonresidential wastewater discharges; WHEREAS, the City of Pocatello has enacted Ordinance No. 2837 adopting recommendations made by the Water Pollution Control Department Superintendent for the City of Pocatello to adopt amended Ordinances to comply with the latest State and Federal laws and regulations including the Clean Water Act and the General Pretreatment Regulations and to adopt requirements recommended by the United States Environmental Protection Agency with respect to nonresidential wastewater discharges; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK THAT CHAPTER 13.20 OF THE CHUBBUCK MUNICIPAL CODE BE REPEALED AND IS HEREBY REPEALED AND A NEW CHAPTER 13.20 IS ENACTED IN ITS PLACE TO READ AS FOLLOWS: Sections: Chapter 13.20 PRETREATMENT REGULATIONS 13.20.010 13.20.015 13.20.020 13,20.025 13.20.030 13.20.035 13.20.040 Ordinance - Page 1 chubbuck081208.pretreatmentordinance.wpd Purpose and Policy Administration Definitions Abbreviations Prohibited Discharge Standards Federal Categorical pretreatment Standards State Requirements 13.20.045 Local Limit 13.20.050 Right of Revision 13.20.055 Special Agreements 13.20.060 Dilution 13.20.065 Limitations on Point of Discharge 13.20.070 Pretreatment Facilities 13.20.075 Deadline for Compliance with Applicable Pretreatment Requirements 13.20.080 Additional Pretreatment 13.20.085 Accidental Spill Prevention Plans 13.20.090 Septic Tank Waste 13.20.095 Wastewater Analysis 13.20.100 Wastewater Discharge Permit Requirements 13.20.105 Wastewater Discharge Permitting—Existing Source And Existing User 13.20.110 Wastewater Discharge Permitting—New Source Arid New User 13.20.115 Wastewater Discharge Permitting—Multijurisdictional Users 13.20.120 Wastewater Discharge Permit Application Contents 13.2.0.125 Signatory and Certification Requirement 13.20.130 Wastewater Discharge Permit Decisions 13.20.135 Wastewater Discharge Permit Contents 13.20.140 Wastewater Discharge Permit Appeals 13.20.145 Wastewater Discharge Permit Duration 13.20.150 Wastewater Discharge Permit Modification 13.20.155 Wastewater Discharge Permit Transfer 13.20.160 Wastewater Discharge Permit Revocation 13.20.165 Wastewater Discharge Permit Reissuance 13.20.170 Baseline Monitoring Reports 13.20.175 Final Compliance Report (Initial Compliance Report) 13.20.180 Periodic Compliance Report 13.20.185 Compliance Schedules for Meeting Applicable Treatment Standards 13.20.190 Notification of Significant Production Changes 13.20.195 Hazardous Waste Notification 13.20.200 Notice of Potential Problems, Including AccidentalSpills, Slug Loads 13.20.205 Non -Compliance Reporting 13.20.210 Notification of Changed Discharge 13.20.215 Reports From Un -Permitted Users 13.20.220 Record Keeping 13.20.225 Sampling Requirements 13.20.230 Analytical Requirements 13.20.235 City Monitoring of User's Wastewater 1320.245 Inspection and Sampling—Right of Entry 13.20.250 Monitoring Facilities 13.20.255 Search Warrants 13.20.260 Vandalism, Falsifying, or Tampering 13.20.265 Confidential Information 13.20.270 Publication of Users in Significant Non -Compliance 13.20.275 Notification of Violation 13.20.280 Consent Orders 13.20.285 Show Cause Hearings 13.20.290 Compliance Orders Ordinance - Page 2 ch u bb uck081208.p retre atm entord i na nce.wpd 13.20.295 Cease and Desist Orders 13.20.300 Administrative Fines 13.20.305 Emergency Suspensions 13.20.310 Termination of Discharge, Non -Emergency 13.20.315 Injunctive Relief 13.20.320 Civil Penalties 13.20.325 Criminal Prosecution 13.20.330 Remedies Non -Exclusive 13.20.335 Performance Bonds 13.20.340 Liability Insurance 13.20.345 Payment of Outstanding Fees and Penalties 13.20.350 Water Supply Severance 13.20.355 Public Nuisances 13.20.360 Upset 13.20.365 Prohibited Discharge Standards 13.20.370 Bypass 13.20.375 Pretreatment Charges and Fees 13.20.380 Severability 13.20.385 Conflicts 13.20.010 Purpose and Policy: This ordinance sets forth uniform requirements for direct and indirect discharges of pollutants from non-domestic sources into the Publicly Owned Treatment Works (POTW), including wastewater collection and treatment system, hauled septage waste and storm water drainage system; and enables the City to comply with the administrative provisions of the Clean Water Act (33 USC 1251 et seq), as amended, the General Pretreatment Regulations (40 CFR 403), and the applicable effluent limitations, national standards and any other discharge criteria which are required or authorized by State or Federal law. The objectives of this ordinance are: A. To prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW; B. To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW; C. To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows the use and disposal in compliance with applicable statutes and regulations; D. To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; E. To preserve the hydraulic capacity of the POTW; F. To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW. This ordinance shall apply to all users of the POTW. This ordinance provides for the regulation of direct and indirect discharge to the POTW through the issuance of discharge permits to certain non-domestic 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. Ordinance - Page 3 chubbuck081208.pretreatmentordinance.wpd 13.20.015 Administration: Except as otherwise provided herein, the public works director shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the public works director may be delegated by the public works director to other City personnel. 13.20.020 Definition: Unless a provision explicitly states otherwise, the following terms and phrases, AS used in this ordinance, shall have the meanings hereinafter designated. A. Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. B. Applicable Pretreatment Standard. For any specified pollutant, City prohibitive standard, City specific pretreatment standards (local limits), State of Idaho Pretreatment Standards, or EPA's Categorical Pretreatment Standards, whichever standard is appropriate or most stringent. C. Approval Authority. The Administrator of EPA, Region X. D. Authorized or Duly Authorized Representative of the User. (1) If the User is a corporation: (a) The president, vice president, secretary, or treasurer 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 (b) The Manager of one or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively; (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee; and (4) A duly authorized representative is an individual designated by the responsible officer, manager, sole proprietor or general partner in writing. The written authorization must be submitted to the City and also specifies either an individual or a position having the responsibility of the overall operation of the facility from which the industrial discharge originates, such Ordinance - Page 4 chubbuck081208.pretreatmentordinance.wpd as the position of the 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, If an authorization in 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 this section must be submitted to the City prior to or together with any reports to be signed by an authorized representative E. Batch Discharge. Any single discharge that is specifically allowed under a wastewater discharge permit and that requires the prior written approval of the public works director before discharge to the POTW. F. Best Management Practices or BMPs. The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMP also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. G. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees Celsius, usually expressed as a concentration milligrams per liter (mg/1). H. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of users and which appears in 40 CFR Chapter I, Subchapter N, Parts 405- 471. I. Categorical User. A user regulated by one of EPA's categorical pretreatment. City. The City of Chubbuck, Idaho, the City Council, the POTW, the City public works director or the public works director's duly authorized deputy, representative or agent, or Control Authority as defined herein or in 40 CFR 403, except where referring to the POTW operated by the City of Pocatello and or its personnel directly involved in operating and maintaining said POTW. K. Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water. L. Clean Water Act. The Federal Water Pollution Control Act, as amended (33 USC 1251 et seq.). M. Color. The optical density at the visual wave length of maximum absorption relative to distilled water. One -hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. O. Composite Sample. Shall mean a sample made up of a mixture of discrete samples [minimum twelve (12)] collected at the same sampling point at equal intervals over a twenty-four hour period, with each interval not to exceed two (2) hours. In a flow -proportioned Composite sample, the discrete portions are varied according to Ordinance - Page 5 chubbuck081208.pretreatmentordinance.wpd flow. Where the flow is not continuous over a twenty-four hour period, portions shall be collected at equal intervals over the period of discharge. Each aliquot shall be a grab sample of not less than 100 ml and shall be collected and preserved in accordance with 40 CFR 136, and amendments. Sample volume at the completion of each twenty -four-hour period shall include enough sample volume to perform all analyses required by the City. The City interprets a "day" to be a 24-hour period and does not require that it occur within a calendar day. This is consistent with the definition for "daily discharge" in the NPDES regulations at 40 CFR 122.2. P. Contaminant. Any substance that is discharged to the POTW other than clean drinking water and/or storm and surface water runoff. Q. Control Authority. The City of Chubbuck, the City Council, the POTW, the City Pubic Works Director, the Pocatello Water Pollution Control Superintendent, or the Superintendent's duly authorized deputy, representative or agent. R. Cooling Water/Non-Contact Cooling Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat. T. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where the daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged, over the course of the day. Where the daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. U. Domestic Waste. Water carrying human wastes, including kitchen wastes, bath wastes, and laundry wastes that are typical of residential discharges, but does not include industrial wastes. V. Domestic Use (Residential User). 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. Discharges from single or multi -family dwellings, from office buildings or from commercial establishments, factories, and institutions which originate from toilet facilities, baths, or kitchens (provided there is no commercial preparation of foods), free from storm water, surface water, and industrial or other process water. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day, 0.2 pound of BOD per capita per day, and 0.17 pounds of TSS per capita per day. X. Environmental Protection Agency (EPA). The U.S. Environmental Protection Agency or, where appropriate, the Director of the Region 10 Office of Water and Watersheds, or other duly authorized official of said agency. Z. Existing Source. A categorical industrial user, the construction or operation of whose facility commenced prior to the publication by EPA of proposed categorical pretreatment standards, which would be applicable to such source if and when the standard is thereafter promulgated in accordance with Section 307 of the Act. Ordinance - Page 6 chubbuck081208.pretreatmentordinance.wpd AA. Existing User. Any non -categorical user which was discharging wastewater prior to the effective date of this ordinance, BB. Grab Sample, A sample which is taken from a wastestream on a one-time basiswithout regard to the flow in the wastestream and without consideration of time. CC. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. DD. Industrial Waste. Any liquid, solids, or gaseous substance, or combination thereof, resulting from or used in connection with any process of industry, manufacturing, commercial food processing, business, agriculture, trade or research, including, but not limited to, development, recovering or processing of natural resources, and leachate from landfills or other disposal sites. EE. Instantaneous Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. FF. Interference. A discharge that alone, or in conjunction with a discharge or discharges from other sources; (1) inhibits or disrupts the POTW, its treatment processes or operations; (2) inhibits or disrupts its sludge processes, use or disposal; or (3) is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or more stringent State or local regulations: Section 405 - of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title H commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWD; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. GG. Local Limit. Specific discharge limits developed and enforced by the City upon nonresidential users to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). HH. Maximum Allowable Discharge Limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. II. Medical Wastes. Isolation wastes, infections agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. JJ. Monthly Average. The sum of all "daily discharges" measured during a calendarmonth divided by the number of "daily discharges" measured during that month. Ordinance - Page 7 ch u bbu&081208. pretreatmentord i na nce.wpd KK. Monthly Average Limit. The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. MM. New Source. (1) 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 categorical pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating processes of the building, 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, should be considered. (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 Section (1) (b) or (c) above 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: (a) Begun, or caused to begin as part of a continuous on-site construction program (i) Any placement, assembly, or installation of facilities or equipment; or (ii) 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 (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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. Ordinance - Page 8 chubbuck08l2O8.pretreatmentordinance.wpd NN. New User. A "new user" is a user that is not regulated under federal categorical pretreatment standards but applies to the City for a building permit or occupies an existing building and plans to commence discharge of wastewater to the POTW after the effective date of this ordinance. Any person that buys an existing facility that is discharging non-domestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation. PP. NPDES Permit. The City of Pocatello's National Pollutant Discharge Elimination System Permit. QQ. Pass Through. A discharge which exits the POT'W 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 a violation of any requirement of the City of Pocatello's NPDES permit, including an increase in the magnitude or duration of a violation. RR. Permittee. A person or user issued a wastewater discharge permit. SS. Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, or local governmental entities. TT. pH. The negative logarithm of the effective hydrogen-ion concentration or hydrogen activity in gram equivalents per liter used in expressing both acidity and alkalinity on a scale whose values run from 0 to 14, with 7 representing neutrality, numbers less than 7 increasing acidity, and numbers greater than 7 increasing alkalinity. UU. Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of the wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). VV. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. WW. Pretreatment Requirement. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. XX. Pretreatment Standards or Standards. Prohibited discharge standards, categorical pretreatment standards, and local limits and/or BMP's established by the POTW. YY. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances which appear in Section 13.20.030 of this ordinance. ZZ Publicly Owned Treatment Works (POTW). A "treatment works", as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the City. This Ordinance - Page 9 chubbuck081208.pretreatmentordinance.wpd definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. This term also means the City. AAA. Sewer (Sanitary Sewer). The portions of the POTW which are designated by the Superintendent to carry, treat, or dispose of wastewater not constituting storm or surface water permitted by or under this ordinance to enter the POTW. BBB. Septage Tank Waste. Any sewage from holding tanks such as vessels, cesspools, chemical toilets, campers, trailers and septic tanks, or similar system that receives only domestic waste. CCC. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.). DDD. Shall, May. "Shall" is mandatory, "may" is permissive. EEE. Significant Industrial User. Except as provided in paragraphs (3) and (4) of this section, a Significant Industrial User is: (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of twenty-five thousand (25,000) GPD or more of process wastewater to the POTW (excluding sanitary, non - contact cooling, and boiler blow down wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user and in accordance with procedures in 40 CFR 403.8(f) (6), determine that such user should not be considered a significant industrial user. FFF. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 13.20.030 of this ordinance or any discharge of a non -routine, episodic nature, including but not limited to, an accidental spill or a non -customary batch discharge. GGG. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification manual issued by the United States Office of Management and Budget. Ordinance - Page 10 chubbuck08l2O8.pretreatmentordinance.wpd HHH. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt, and is not contaminated by any industrial process. III. Superintendent. Generally the person designated by the City of Pocatello to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this ordinance, or the Superintendent's duly authorized representative; provided however for operations within the City of Chubbuck, it shall mean the public works director or the public works director's designee. JJJ. Surcharge Limits. Abnormal strength wastes are charged additional fees. Additional fees are charged per pound per 1,000 gallons in accordance with the City's most current rate resolution. KKK. Total Suspended Solids or Suspended Solids. The total suspended matter that floats on the surface of, or in suspension in water, wastewater, or other liquid; and which is removable by laboratory filtering. LLL. Toxic Pollutants. Those pollutants, or combinations of pollutants, including disease causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through the food chains, will on the basis of information available to the Superintendent, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. MMM. Treatment Plant Effluent. The discharge from the POTW into waters of the United States. NNN. User, Industrial User or Person. A source of indirect discharge. The source shall not include "domestic user" as defined herein. 000. Upset. An exceptional incident in which a discharger unintentionally and temporarily is in a state of non-compliance with the applicable pretreatment standards due to factors beyond the reasonable control of the discharge, and excluding non-compliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation therefore. PPP. Waste Hauler. Any individual, partnership, corporation, company, or other entity, which transports or causes to be transported by truck, rail, or dedicated pipeline any sewage. QQQ. Wastewater. Liquid and water -carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. RRR. Wastewater Discharge Permit (Industrial Wastewater, Discharge Permit). An authorization or equivalent control document issued by the City to users discharging Wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this ordinance. SSS. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. Ordinance - Page 11 chubbuck08l208.pretreatmentordinance.wpd 13.20.025 Abbreviations: The following abbreviations, when used in this ordinance, shall have the designated meanings: ASPP - Accidental Spill Prevention Plan BMP - Best Management Practice BMR - Baseline Monitoring Report BOD - Biochemical Oxygen Demand CFR - Code of Federal Regulations COD - Chemical Oxygen Demand CIU - Categorical Industrial User EPA - U.S. Environmental Protection Agency GPD - gallons per day IU - Industrial User IWA - Industrial Waste Acceptance 1 - liter LC 150 - Lethal concentration for 50 percent of the test organisms LEL - Lower Explosive Limit mg -milligrams mg/l - milligrams per liter NPDES - National Pollutant Discharge Elimination System NSCIU - Non- Significant Categorical Industrial User O&M -Operation and Maintenance POTW - Publicly Owned Treatment Works RCRA - Resource Conservation and Recovery Act SIC - Standard Industrial Classifications SIU - Significant Industrial User SNC - Significant Non -Compliance SWDA - Solid Waste Disposal Act (42 U.S.C. 6901, et seq.) TSS - Total Suspended Solids USC -United States Code 13.20.030 Prohibited Discharge Standards: A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater into the POTW that may cause, either alone or by interaction with other materials, pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater; (1) Wastewater Containing substances: (a) In concentrations that inhibit or interfere with the operation of performance of the POTW; or (b) That are not amenable to treatment or reduction by the sewage treatment process employed, or are only partially amenable to treatment, such that the POTW's effluent cannot meet the requirement of any agency having jurisdiction over the POTW; or Ordinance - Page 12 chubbuck081208.pretreatmentordinance.wpd (c) In concentrations in excess of limitations imposed in a permit issued by the City or other regulatory agency having jurisdiction; or (d) That impair the use or disposal of POTW sludge and sludge products pursuant to State and Federal statues, including, but not limited to the Solids Waste Disposal Act (42 USC 6901), the Clean Water Act (42 USC 1857), the Toxic Substance Control Act (15 USC 2601). (2) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed -cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21. Pollutants include but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, and any other substances which are or may be a hazard to the POTW. (3) Wastewater having a pH less than 6.0 or more than 10.0, or otherwise causing damage to structures, equipment, processes or personnel of the POTW, unless these permit limits are modified by a wastewater discharge permit, or by a special approved discharge authorization; (4) Solid or viscous substance capable of obstructing wastewater which will or may cause obstruction to the flow of the wastewater or other interference with the operation of the POTW. In no instance may a substance be greater than 3/8 inches (3/8") in any dimension; (5) Pollutants, including oxygen -demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW (6) Wastes containing more than two hundred milligrams per liter (200 mg/L) of total suspended solids in any one day; or wastes containing more than two hundred milligrams per liter (200 mg/L) of Biochemical Oxygen Demand in any one day unless specifically authorized by the Superintendent; (7) A flow of twenty five thousand (25,000) gpd or more per average workday or a flow of five percent (5%) or more of the average dry weather hydraulic or organic capacity of the treatment facility receiving waters; unless specifically authorized by the Superintendent; (8) Any liquid or vapor having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case any liquid or vapor which causes the temperature at the introduction into the POTW to exceed 100°F (37.8°C) unless this limit is modified by an wastewater discharge permit; (9) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (10) 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; Ordinance - Page 13 chubbuck081208.pretreatmentordinance.wpd (11) Trucked or hauled pollutants, except at discharge points designated by the. City. (12) Noxious or malodorous liquids, gases, or 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 health, or to prevent entry into the sewers for maintenance or repair. (13) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the treatment plant's effluent, thereby violating the City's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent (10%) from the seasonably established norm for aquatic life; (14) Wastewater containing any radioactive wastes or isotopes except as specifically approved by the Superintendent in compliance with applicable State or Federal regulations; (15) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non -contact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent; (16) Any sludges, screenings, or other residues from the pretreatment of industrial wastes or from -industrial processes; (17) Medical wastes, except as specifically authorized by the Superintendent. (18) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; (19) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW. (20) Any liquid, 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 any way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosion meter, at the point of discharge into the system (or at any point in the system), be more than five (5%) per cent nor any single reading over ten (10%) per cent of the lower explosive limit (LEL) of the meter. (21) Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues froth refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes, unusual concentrations of solids such as, but not limited to, fuller's earth, lime slurries and lime residues, or unusual concentrations of dissolved solids such as, but not limited to, sodium chloride, calcium chloride, and sodium sulfate, Ordinance - Page 14 chubbuck081208.pretreatmentordinance.wpd (22) Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits. (23) Any wastewater, which in the opinion of the Superintendent can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb; public property, or constitute a nuisance, unless allowed under special agreement by the Superintendent (except that no special waiver shall be given from categorical pretreatment standards). (24) The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septic tank Waste, or other wastewater unless said person has first obtained testing and approval as may be generally required by the City and paid all fees assessed for the privilege of said discharge. (25) Any hazardous waste as defined in rules published by the State of Idaho or in 40 CFR 261, including hazardous waste mixed with domestic waste under EPA's Domestic Sewage Exemption-DSE rule through direct or indirect connections to the wastewater collection system. (26) Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA); (27) Chlorine demand of more than twenty milligrams per liter (20 mg/L); unless specifically authorized by the Superintendent; (28) Discharge any wastewater to the street, storm drain, storm channel, parking lots, service dock areas, or ground. (29) Grease Trap/Interceptor Treatment Products. Use of grease trap/interceptor treatment products, including bacteria, designed to digest the grease, is specifically prohibited. (30) Any substance which may cause the treatment facilities of the POTW to be overloaded or cause excessive City collection or treatment costs, or may use a disproportionate share of the POTW or its treatment facilities. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. 13.20.035 Federal Cate orical Pretreatment Standards: The National categorical pretreatment standards as amended and promulgated by EPA pursuant to the Act and as found at 40 CFR Chapter I, Subchapter N, Parts 405-471, are herby incorporated and shall be enforceable under this ordinance. 13.20.040 State Requirements: State requirements. and limitations on discharges to the POTW 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 ordinance or in other applicable ordinances. Ordinance - Page 15 chubbuck081208.pretreatmantordinance.wpd 13.20.045 Local Limit: The following pollutant limits are established to protect against pass through and interference, No person shall discharge wastewater containing pollutant levels in excess of the following' daily maximum allowable discharge limits. Pollutant Arsenic Cadmium Chromium (total) Copper Cyanide Fluoride Lead Mercury Nickel Silver Zinc Oil and grease (animal and vegetable based) Oil and grease (petroleum based) TTO (Total Toxic Organics) pH minimum pH maximum Daily Maximum (mg/L) 0.06 0.2 2.8 0.5 0.2 32.0 0.3 0.0006 1.0 0.6 1.2 350.0 100.0 2.13 6.00 10.00 Note: 'TTO equals the summation of all values greater than 0.01 mg/l for each of the toxic organics specified in 40 CFR 122, Appendix D. Toxic Organic Management Plan (TOMP): Users with wastewater containing Total Toxic Organics and discharge into the sanitary sewer must sample, as part of the application requirements, for all toxic organics specified in 40 CFR 122, appendix D. (no exceptions); If TTOs are found in the analyses, then the user may be required to continue to monitor for TTOs or may be allowed by the City to develop a TOMP in lieu of continuously monitoring for TTO. The user must routinely submit a certification statement as part of its self monitoring report which asserts that no use of or discharge of toxic organics into the wastewater has taken place at any time during the reporting period. The above limits apply at the point where the wastewater is discharged to the POTW (end of pipe) pretreatment and/or prior to mixing with dilution flows. All concentrations for metallic substances are for "total" metals unless indicated otherwise. The Superintendent may impose mass limitations in addition to (or in place of) the concentration -based limitations above. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit of applicable pretreatment standard shall apply. Centralized Waste Treatment Facilities: The City shall establish effluent limits for Centralized Waste Treatment Facilities (CWT) in order that the level of pollution discharged from the CWT through the POTW to the environment will not exceed the level that would be allowed if the CWT discharged directly to the surface waters under Section 301 (b) (2) of the Act (33 U.S.C. § 1311). Additionally, centralized waste treatment facilities shall maintain records and submit reports as directed by the City regarding SIC codes, company and authorized representative names, addresses and phone numbers, of their customers and the frequency, characteristics, and volumes of wastes from the various categories. The City acknowledges that industrial/commercial wastes that originate outside of the City of Pocatello's service area requires written authorization from the City of Pocatello to discharge (treated or untreated) to the municipal sanitary sewer and that the City of Pocatello provides authorization is provided on a case by case basis. Ordinance - Page 16 chubbuck08l2O8.pretreatmentordinance.wpd 13.20.050 Right of Revision: The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. 13.20.055 Special Agreements: The City reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or a federal pretreatment requirement. However, the user may request a net/gross adjustment to a categorical standard in accordance with 40 CFR 403.15. Users may also request a variance from the categorical pretreatment standard from the approval authority in accordance with 40 CFR 403.13. 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. 13.20.060 Dilution. No user shall ever increase the use of process water, or in anyway attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on users which he believes may be using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate. 13.20.065 Limitations on Point of Discharge: No user shall discharge any waste or wastewater directly into a manhole or other opening unless they have been issued a permit by the City. If a permit is issued for such discharge, the user shall pay the applicable charges and fees and shall meet all conditions required by the permit. 13.20.070 Pretreatment Facilities: Users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all applicable pretreatment standards and requirements set out in this ordinance within the time limitations specified by the EPA, the State, or the Superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City under the provisions of this ordinance. Additional pretreatement measures may include but are not limited to those set forth in section 13.20.080. 13.20.075 Deadline for Compliance with Applicable Pretreatment Requirements: Compliance by existing sources covered by 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 standard. The City shall establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards or for any categorical user when the local limit for said user are more restrictive than the federal categorical pretreatment standard. New source and new users are required to comply with applicable pretreatment standards within the shortest feasible time, not to exceed 90 days from the beginning of discharge. New sources and new users shall install, have in operating condition, and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Any wastewater discharge permit issued to a categorical user shall contain a compliance date beyond any deadline date established in EPA's categorical pretreatment standards. Any other Ordinance - Page 17 chubbuck081208.pretreatmentordinance.wpd existing user or categorical user that must comply with a more stringent local limit which is in non-compliance with any local limits shall be provided with a compliance schedule included in the wastewater discharge permit to insure compliance within the shortest time feasible. 13.20.080 Additional Pretreatment: A. Whenever deemed necessary, the Superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sanitary sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this ordinance. B. The Superintendent may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow - control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. C. A grease interceptor or a grease trap is not considered to be properly maintained if for any reason it is not in good working condition with all internal required plumbing of proper design and length in place, or if the operational fluid capacity has been reduced by more than twenty-five (25) percent by the accumulation of floating and settled solids, oils, and greases. The owner of any premises required to install a grease interceptor; the lessee and sub lessee, if there be such; and any proprietor, operator, or superintendent of such facility are individually and severally liable for any failure of proper maintenance of such grease interceptor. If the grease interceptor is not maintained adequately under the conditions of use, the grease interceptor shall be resized and the user shall install one which is effective in accomplishing the intended purpose. When a grease interceptor/trap is cleaned, the sidewalls shall be scraped and hosed down, while all the solids and liquids contained are removed. All wastes removed from any grease interceptor/trap shall be legally disposed of other than to the sewer. The City of Pocatello specifically prohibits the following grease interceptor/trap practices: (a) Pumping to remove only accumulated sediments or floating materials; (b) Pumping operations which specifically separate floating or sediment interceptor solid wastes from wastewater and then return or decant the separated wastewater back into the grease interceptor/trap; (c) Transporting any hauled pollutants from another location for discharge into a grease interceptor/trap. Use of grease interceptor/trap treatment products, including bacteria, designed to digest the grease, is specifically prohibited. D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. Ordinance - Page 18 chubbuck081208.pretreatmentordinance.wpd 13.20.085 Accidental Spill Prevention Plans: The Superintendent may require any user to develop and implement an accidental spill prevention plan (ASPP) or slug control plan. Where deemed necessary by the City, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. An accidental spill prevention plan or slug control plan showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and approval before implementation. The City shall determine which user is required to develop a plan and require said plan to be submitted within sixty (60) days after notification by the City. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and 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 ordinance. A. Any user required to develop and implement an accidental spill prevention plan shall submit a plan which addresses, at a minimum, the following; (1) Description of discharge practices, including non -routine batch discharges; (2) Description of stored chemicals; (3) Procedures for immediately notifying the POTW of accidental or slug discharges. Such notification must also be given for any discharge which would violate any of the standards in Sections 13.20.030 through 13.20.045 of this ordinance; and (4) Procedures to prevent adverse impact from accidental or slug discharges. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic chemicals (including solvents), and/or measures and equipment for emergency response. B. Users shall notify the Pocatello Wastewater Treatment Plant immediately after the occurrence of a slug or accidental discharge of substances regulated by this ordinance. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State or Federal law. C. Within five (5) days following an accidental discharge; the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this ordinance or other applicable law. D. Signs shall be permanently posted. in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures. Ordinance - Page 19 chubbuck08l2O8.pretreatmentordinance.wpd 13.20.090 Septic Tank Waste: A. Septic tank waste may be introduced into the POTW only at the designated receiving structure within the treatment plant area, located at 10733 N. Rio Vista Road, and at such times as are established by the Superintendent of the POTW. No other point of discharge within the City's collection system will be allowed without the expressed written permission of the Superintendent. The discharge of any hauled waste to a point in the City's collection system, other than as specifically designated by the Superintendent, shall be deemed a violation of these regulations and shall be subject to enforcement action. Such wastes shall not violate any section of the ordinance or any other requirements established or adopted by the City. B. All domestic septic tank waste, portable toilet waste or other hauled wasted deemed acceptable by the Superintendent will be subject to the terms and conditions contained in the City's General Regulations of Waste Haulers, incorporated herein and made a part thereof. C. Discharges of non-domestic hauled waste shall be subject to the applicable prohibited discharges as set forth in Section 13.20.030 through 13.20.045 of this ordinance, as well as any applicable Federal, State and local regulations governing hauled waste or any conditions the Superintendent deems necessary for protection of its treatment works. D. Nothing contained in these regulations shall be construed as being preemptory of any other regulations governing hauled waste, or waste haulers, or any business activities pertaining to hauled waste, or as set forth in any Federal, State or local guidance governing hauled waste. E. Any waste hauler seeking to discharge hauled waste to the POTW, or to any designated point within the City collection system, must have a City -approved waste hauler's permit. No load may be discharged without prior consent of the Superintendent of the POTW. The Superintendent may collect samples of each hauled load to ensure compliance with applicable pretreatment standards. The Superintendent may require the hauler to provide a waste analysis of any load prior to discharge. The Superintendent reserves the right to refuse permission to dump any load that is suspected of being incompatible or that is determined to be incompatible with the POTW through sampling and analysis, or sound professional judgment. F. Waste haulers must provide a waste -tracking form for every load. A waste -tracking form approved by the POTW shall be used to record every load that is delivered to the POTW. Failure to accurately record every load, falsification of data or failure to transmit the form to the Superintendent prior to discharge into the POTW may result in revocation of this permit. G. Fees for dumping hauled wastes shall be charged each time a waste hauler delivers or causes to be delivered a load for discharge, based on tank size. Such fees shall be set from time to time by resolution of the Pocatello City Council. Failure to pay the fees within thirty (30) days of the billing date shall be cause for revocation of the waste hauler discharge permit. H. Liability insurance is required. Each waste hauler must carry commercial general liability insurance in such amount and in such form as shall be determined by the Ordinance - Page 20 chubbuck081208.pretreatmentordinance.wpd City and specified as part of the permit. The City and the City of Pocatello shall be named as an additional insured party in the policy. Proof of insurance coverage must be provided to the City prior to the issuance of the permit and annually as long as the permit is in effect. 13.20.095 Wastewater Analysis: When requested by the Superintendent, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information. 13.20.100 Wastewater Discharge Permit Requirements: No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent; the permit must be enforceable and contain all the elements as required by 40 CFR 403.8(f) (1) (iii) (B). Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set forth in this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal, State and local standards and requirements or with any other requirements of Federal, State and local law. The Superintendent may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance. 13.20.105 Wastewater Discharge Permitting —Existing Source and Existing User: Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future shall, within sixty (60) days after notification by the Superintendent, submit a wastewater discharge permit application to the City in accordance with Section 13.20.120 of this ordinance. 13.20.110 Wastewater Discharge Permitting—New Source and New User: Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to beginning or recommencing of such discharge. An application for a wastewater discharge permit, in accordance with Section 13.20.120 of this ordinance, must be filed ninety (90) days prior to the date upon which any discharge will begin or commence. 13.20.115 Wastewater Discharge Permitting: Multijurisdictional Users: Any existing user who is located beyond the City limits and who is required to obtain a wastewater discharge permit shall submit a wastewater discharge permit application as outlined in Section 13.20.105. New source and new users who are located beyond the City limits and who are required to obtain a wastewater discharge permit shall comply with Section 13.20.110. If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Superintendent shall enter into a multijurisdictional agreement with the contributing municipality. Prior to entering into said agreement, the Superintendent shall request a description of the quality and volume of wastewater discharging to the POTW, an inventory of all users located within the contributing municipality, and such other information as the Superintendent may deem necessary from the contributing municipality. A multijurisdictional agreement, as required above, shall contain at a minimum the following conditions: Ordinance - Page 21 chubb uck081 208.pretreatmentordinancempd A. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance, The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance and/or local limits. B. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis; C. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit, inspection and sampling, and enforcement, will be conducted by the contributing municipality; and which of these activities will be conducted jointly by the contributing municipality and the Superintendent; D. A requirement for the contributing municipality to provide the Superintendent with access to all information that the contributing municipality obtains as part of its pretreatment activities; E. Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW; F. Requirements for monitoring the contributing municipality's discharge; G. A provision ensuring the Superintendent access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Superintendent; and H. A provision specifying remedies available for breach of the terms of the Multijurisdictional agreement. 13.20.120 Wastewater Discharge Permit Application Contents: All users required to obtain a wastewater discharge permit must submit, at a minimum, the following information. The Superintendent shall approve a form to be used as a permit application. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b). A. Identifying Information. 1. The name and address of the facility, including the name of the operator and owners; 2. Contact information, description of activities, facilities, and plant production processes on the premises; B. Environmental Permits. A list of all environmental control permits held by or for the facility; C. Description of Operations. 1. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and Standard Industrial Classification of the operation(s) carried out by such user. The description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated or Ordinance - Page 22 chubbuck081208.pretreatmentordinancemiad manufacturing processes; site plans; floor plans; mechanical and plumbing plans; and details to show all sanitary sewers; floor drains; mechanical and plumbing plans; and details to show all sewers; sewer connections; inspection manholes; sampling chambers and appurtenances by size, location and elevation. 2. A list of all raw materials and chemicals used or stored at the facility which are or could be accidentally or intentionally be discharged to the POTW; Number and type of employees and hours of operation; 4. Each product produced by type, amount, process or processes, and rate of production 5. Type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges; D. Flow Measurement. Categorical User: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from all regulated or manufacturing process streams and other streams as necessary to allow use of the combined wastestream formula [40 CFR 403.6(e)], Non -Categorical User: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW for total process flow, wastewater treatment plant flow, total plant flow, individual manufacturing process flow as required by the Superintendent, E. Measurements of Pollutants. Categorical User: 1. The user shall identify the applicable pretreatment standards for each regulated or manufacturing process. 2. 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 as required by the City), of regulated pollutants in the discharge from each regulated or manufacturing process. Instantaneous, daily maximum, and average concentrations, (or mass where required) shall be reported. The sample shall be representative of daily operations and shall conform to the sampling and analytical procedures outlined in this ordinance. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Superintendent or the applicable pretreatment standards to determine compliance. 3. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph. 4. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user, this adjusted limit along with supporting data shall be submitted as part of the application. Ordinance - Page 23 ch u bbuck081208. pretreatme ntord i na nce.wpd Non -Categorical User 1. The user shall identify the applicable pretreatment standards for its wastewater discharge. 2. In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration in the discharge (or mass where required by the City) of regulated pollutants as appropriate. Both the daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures as outlined in this ordinance. 3. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph. 4. Where the Superintendent developed alternative concentration or mass limits because of dilution, this adjusted limit along with supporting data shall be submitted as part of the application. F. Certification. The user shall submit a statement, worded as specified in Section 13.20.125, which has been reviewed by an authorized representative of the user, and certified by a qualified professional, indicating whether the applicable pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (0 & M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements. G. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the applicable pretreatment standards, the user shall submit shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date, in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.20.180 of this ordinance. 1. Applicable information to meet new or revised pretreatment standards as outlined in 13.20.170 of this ordinance. 2. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on 40 CFR 403.12(e)(2). 4. Any other information as may be deemed necessary by the Superintendent to evaluate the permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. 13.20.125 Signatory and Certification Requirement: All wastewater discharge permit applications and user reports must be signed by a responsible officer or manager, or sole proprietor or general partner as applicable, or duly authorized representative as defined in Section 13.20.020 D of this ordinance. Ordinance - Page 24 chubbuck081208.pretreatmentordinance.wpd Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications, users submitting baseline monitoring reports, users submitting reports on compliance with the categorical pretreatment standard deadlines, users submitting periodic compliance reports, and users submitting an initial request to forego sampling of a pollutant/ the following certification statement must be signed by an authorized representative as defined in 13.20.075 D of this ordinance. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system; or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 13.20.130 Wastewater Discharge Permit Decisions: The Superintendent will evaluate the data furnished by the user and may require additional information. Within sixty (60) days of receipt of a complete individual wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. Upon a determination to issue, the permit shall be issued within thirty (30) days of full evaluation and acceptance of the data furnished. The Superintendent may deny any application for a wastewater discharge permit. 13.20.135 Wastewater Discharge Permit Contents: Wastewater discharge permits shall include such conditions as are deemed reasonably necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW A. A wastewater discharge permit must contain the following conditions: (1) A statement that indicates the individual wastewater discharge permit issuance date, effective date, expiration date, and permit duration, which in no event shall exceed five (5) years. Permits issued to non-SIUs and non- CIUs will include a statement indicating the issuance date and the effective date but may not require an expiration date. (2) A statement that the individual wastewater discharge permit is non- transferable without prior notification to and approval from the City, and provisions for furnishing the new owner or operator with a copy of the existing individual wastewater discharge permit; (3) Applicable pretreatment standards and requirements, including any special State requirements; (4) Self monitoring, sampling, reporting, notification, submittal 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; Ordinance - Page 25 chubbuck081208.pretreatmentordinance.wpd (5) Requirement for immediate notification to the City where self-monitoring results indicate non-compliance; (6) Requirement to report a bypass or upset of a pretreatment facility; (7) Requirement to report immediately to the City all discharges, including slug loadings, that could cause problems to the POTW; (8) Requirement for the SN who reports non-compliance to repeat the sampling and analysis and submit results to the City within thirty. (30) days after becoming aware of the violation. (9) A 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; (10) Requirements to control slug discharges, if determined by the POTW to be necessary. B. Wastewater discharge permits may contain, but need not be limited to, the following conditions: (1) Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization; (2) 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; (3) 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; (4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; (5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; (6) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow monitoring devices; (7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal, State, and local pretreatment standards, including those which become effective during the term of the wastewater discharge permit; (8) Any special agreements the Superintendent chooses to continue or develop between the City and user; Ordinance - Page 26 chubbuck081208.pretreatmentordinance.wpd (9) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this ordinance, and Federal, State and local laws, rules, and regulations. 13.120.140 Wastewater Discharge Permit Appeals: Any person, including the user, may petition the City Council for reconsideration of the terms of a wastewater discharge permit within ten (10) days of the issuance. 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 individual wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to be placed in the wastewater discharge permit. C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. D. If the City fails to act within fifteen (15) days from the receipt of a petition for review, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review. E. Aggrieved parties seeking review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the District Court of the Sixth Judicial District in and for the County of Bannock for jurisdiction within two (2) years from the date of the date of said final decision. 13.20.145 Wastewater Discharge Permit Duration: Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period of less than five (5) years, at the discretion of the Superintendent. The wastewater discharge permit will indicate a specific date upon which it will expire. Permits issued to minor users (restaurants, automotive shops, etc.) may be issued without an expiration date. 13.20.150 Wastewater Discharge Permit Modification: The Superintendent may modify the wastewater discharge permit at any time 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 user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; Ordinance - Page 27 chubbuck081208.pretreatmentordinancempd D. Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters; E. Violation of any terms or conditions of the wastewater discharge permit; F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403,13; H. To correct typographical or other errors in the wastewater discharge permit; or I. To reflect a transfer of the facility ownership and/or operation to a new owner or operator. Modification for this purpose may not be allowed unless the individual wastewater discharge permit is transferable as provided in Section 13.20.155 of this ordinance. 13.20.155 Wastewater Discharge Permit Transfer: Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which: A. States that the new owner and/or operator have no immediate intent to change the facility's operations and processes; B. Identifies the specific date on which the transfer is to occur; and C. Assumes full responsibility for complying with the existing wastewater discharge permit beginning on the date'of the transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. Provided that the notice required above occurred and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and will be covered by the existing limits and requirements in the previous owner's permit. 13.20.160 Wastewater Discharge Permit Revocation: The Superintendent may revoke a wastewater discharge permit for, but not limited to, the following reasons: A. Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge; B. Failure to provide prior notification to the Superintendent of changed conditions; C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; D. Falsifying self-monitoring reports; E. Tampering with monitoring equipment; Ordinance - Page 28 chubbuck081208.pretreatmentordinance.wpd F. Refusing to allow the City timely access to the facility premises and records; G. Failure to meet effluent limitations; H. Failure to pay fines; I. Failure to pay sewer charges; J. Failure to meet compliance schedules; K. Failure to complete a wastewater survey or the wastewater discharge permit application; L. Failure to provide advance notice of the transfer of a permitted facility, M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this ordinance; or N. If the City has to invoke its emergency provision as cited in Section 13.20.305 or its non -emergency provision as cited in Section 13.20.3 10 of the ordinance; Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a partieular user are void upon the issuance of a new wastewater discharge permit to that user. 13.20.162 Wastewater Discharge Permit Modification or Revocation Appeals: Any interested person, including the user, may petition to the City Council for reconsideration of a wastewater discharge permit modification or transfer within ten (10) days of the issuance of said modification or revocation. 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 individual wastewater discharge permit modification or revocation objected to, the reasons for this objection and an alternative proposal, if any, it seeks to be applied to the wastewater discharge permit. C. The effectiveness of the wastewater discharge permit modification or revocation shall not be stayed pending the appeal. D. If the City fails to act within thirty (30) days from the receipt of a petition for review, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider the modification or revocation of a wastewater discharge permit shall be considered final administrative action for purposes of judicial review. E. Aggrieved parties seeking review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the District Court of the Sixth Judicial District in and for the County of Bannock within two (2) years from the date of said final decision. 13.20.165 Wastewater Discharge Permit Reissuance: A user who is required to have a wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application, in Ordinance - Page 29 chubbuck081208.pretreatmentordinance.wpd accordance with Section 13.20.120 of this ordinance, a minimum of ninety (90) days prior to the expiration of the user's existing wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who has submitted its re-application in the time period specified herein shall be deemed to have an effective wastewater discharge permit until the City issues or denies the new wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who failed to submit its re-application in the time period specified herein will be deemed to be discharging without a wastewater discharge permit. 13.20.170 Baseline Monitoring Reports: Users that become subject to new or revised pretreatment standards are required to comply with the following reporting requirements even if they have been designated as non-significant categorical users. A. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a categorical determination under the 40 CFR 403.6(a) (4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW, or any other user at the request of the City, shall be required to submit to the City a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a report which contains the information listed in section 13.20.120 of this ordinance. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged. B. Compliance Schedule. If additional pretreatment and/or Operations and Maintenance (O&M) will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.20.180 of this ordinance. C. Where the user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula [40 CFR 403.6(e)], and/or a Fundamentally Different Factors variance (40 CFR 403.13) at the time the user submits the report required by this paragraph, the information required by paragraphs (3) and (4) of this section shall pertain to the modified limits. D. If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula CFR 403.6(e)1, and/or a Fundamentally Different Factors variance (40 CFR 403.13) after the user submits the report required by paragraphs (3) and (4) of this section, then a report containing modified information shall be submitted by the user within 60 days after the new limit is approved. E. All baseline monitoring reports must be certified in accordance with Section 13.20.125 of this ordinance and signed by an authorized representative as, defined in Section 13.20.020 D of this ordinance. Ordinance - Page 30 ch ubbuck081208. pretreatme ntord i na nce.wpd 13.20.175 Final Compliance Report (Initial Compliance Report): A. Within ninety (90) days following the date for final compliance of an existing significant industrial user with applicable pretreatment standards and requirements set forth in this ordinance, in federal categorical standards, or in a wastewater discharge permit, or, within thirty (30) days following commencement of the introduction of wastewater into the POTW by a new source or, a new user considered by the City to fit the definition of SN, any user subject to this ordinance shall submit to the City a report containing the information outlined in Section 13.20.120 and 13.20.170 of this ordinance. B. For users subject to equivalent mass or concentration limits established by the City in accordance with procedures established in 40 CFR 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. 13.20.180 Periodic Compliance Report: Any users may be required to submit periodic compliance reports by permit or at the request of the Superintendent. A. All significant industrial users shall comply with all applicable requirements under 40 CFR 403.12 and submit to the City during the months of June and December, unless required on other dates or more frequency by the City, a report indicating the nature of the effluent over the previous reporting period. The frequency of monitoring shall be as prescribed within the industrial waste discharge permit. At a minimum, users shall sample their discharge at least twice per year. In cases where Best Management Practice (BMP) or pollution prevention alternatives are required, the user must submit documentation required by the Superintendent or the applicable pretreatment standard necessary to determine the compliance status of the user. B. The report shall include a record of the concentration (and mass if specified in the wastewater discharge permit) of the pollutants listed in the wastewater discharge permit that were measured and record of all flow measurements (average and maximum) taken at the designated sampling locations and shall also include any additional information required by this ordinance or wastewater discharge permit. Production data shall be reported if required by the wastewater discharge permit: Both daily maximum and average concentration (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than what was required by the City or by this ordinance, using methodologies in 40 CFR 136, 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 pretreatment standards shall report production data as outlined in Section 13.20.175 of this ordinance. D. If the City calculated limits to factor out dilution flows or non-regulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows, and non-regulated flows. Ordinance - Page 31 chubbuckOB120B.pretreatmentordinance.wpd 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 techniques if the City determines that an actual measurement is not feasible. F. Discharges sampled shall be representative of the user's daily operation and samples shall be taken in accordance with the requirements specified in Section 13.20.225 and 13.20.230 of this ordinance. 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 self-monitoring by the user or, if requested by the user, the City may agree to perform periodic compliance monitoring needed to prepare 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. 13.20.185 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 operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). B. No increment referred to in paragraph (A) 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 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 the delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports. 13.20.190 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 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. A. The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.20.120 of this ordinance. Ordinance - Page 32 chubbuck08l208.pretreatmentordinance.wpd B. The Superintendent may issue a wastewater discharge permit under Section 13.20.165 of this ordinance or modify an existing wastewater discharge permit under Section 13.20.150 of this ordinance in response to changed conditions or anticipated changed conditions. 13.20.195 Hazardous Waste Notification: Any user that is discharging more than 15 kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide notification in writing to the City and a one time notification in writing to the EPA Region 10 Office of Air, Waste, and Toxic Director, and to the State of Idaho Department of Environmental Quality Hazardous Waste Manager within ten (10) days of discovery that said discharge occurred. Any existing user exempt from this notification shall comply with the requirements contained herein within 30 days of becoming aware of a discharge of 15 kilograms of hazardous wastes in a calendar month or any discharge of acutely hazardous wastes to the POTW. Such notification shall include: A. The name of the hazardous waste as set forth in 40 CFR 261, B. The EPA Hazardous waste number; and C. The type of discharge (continuous, batch, or other). D. If an industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent it is known or readily available to the industrial user: (1) An identification of the hazardous constituents contained in the wastes, (2) An estimation of the mass and concentration of such constituents in the waste streams discharged during that calendar month, and (3) An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. These notification requirements do not apply to pollutants already reported under the self- monitoring requirements. Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the City of the discharge of such a substance within 90 days of the effective date of such regulations. In the case of any notification made under this paragraph, an 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. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a wastewater discharge permit issued thereunder, or any applicable Federal, State and local law. Ordinance - Page 33 chubbuck08l2O8.pretreatmentordinance.wpd 13.20.200 Notice of Potential Problems, Including Accidental Spills, Slug Loads: A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomery batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the POTW of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. Any user who discharges a slug load of pollutants 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 Federal, State or local law. B. Within five (5) days following such discharge, the user shall, unless waived by the City, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance.A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure. C. Users are required to notify the POTW immediately of any changes at its facility affecting the potential for a slug discharge. 13.20.205 Non -Compliance Reporting: If sampling performed by a user indicates a violation, the user shall notify the Superintendent within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis for two (2) consecutive days, within five (5) days of becoming aware of the violation. The results of the repeat analysis shall be submitted to the City within thirty (30) days after becoming aware of the violation. Where the City has performed the sampling and analysis in lieu of the industrial user, the City must performed the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if: A. The City performs sampling and analysis at the user at a frequency of at least once per month, or B. The City performs sampling and analysis at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling analysis. 13.20.210 Notification of Changed Discharge: All users shall promptly notify the POTW in advanced of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12 (p). 13.20.215 Reports from Un -Permitted Users: All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City as the Superintendent may require. Ordinance - Page 34 chubbuck081208.pretreatmentordinance.wpd 13.20.220 Record Keeping: Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses including documentation associated with Best Management Practices. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the POTW, or where the user has been specifically notified of a longer retention period by the Superintendent. 13.20.225 Sampling Requirements: Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. A. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. B. For sampling required in support of baseline monitoring and 90 -day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by 40 CFR 403.12(e) and 403.12(h), the user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. C. Samples shall be taken immediately downstream from the pretreatment facilities if such exist, immediately downstream from the regulated or manufacturing process if no pretreatment exists, or at a location determined by the City and specified in the user's wastewater discharge permit. For categorical users, if other wastestreams are mixed with the regulated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6 (e) in order to evaluate compliance with the applicable categorical pretreatment standards. For other users, for which the City has adjusted local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s). Ordinance - Page 35 chubbuckOB120B.pretreatmentordinance.wpd D. All sample results shall indicate the time, date and place of sampling and methods of analysis and shall certify that the wastestream sampled is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its individual wastewater discharge permit using methodologies in 40 CFR 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report. 13.20.230 Analytical Requirements: All pollutant analyses, including sampling techniques, shall be in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. 13.20.235 City Monitoring of User's Wastewater: The City will follow the same procedures as outlined in Sections 13.20.225 and 13.20.230 of this ordinance. 13.20.245 Inspection and Sampling - Right of Entry: The City shall have the right to enter the facility 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 Superintendent 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 Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities. B. The Superintendent 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 Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user. D. Unreasonable delays in allowing the Superintendent access to the user's premises shall be a violation of this ordinance. 3.20.250 Monitoring Facilities. A. Each user shall provide and operate at its own expense a monitoring facility to allow inspections, sampling, and flow measurements of each sewer discharge to the City. Each monitoring facility shall be situated on the user's premises, except, where such a 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, The Superintendent, whenever applicable, may Ordinance - Page 36 chubbuck081208.pretreatmentordinance.wpd require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line or a wastewater treatment system). B. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, including the sampling and measuring equipment, shall be maintained at all times in a safe and proper operating condition at the expense of the user. C. The Superintendent may require the user to install equipment as necessary. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. 13.20.255 Search Warrants: If the Superintendent 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 maybe a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling 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, the Superintendent shall seek issuance of a search warrant from the District Court of the Sixth Judicial District in and for the County where the property is situated. Such warrant shall be served by the Superintendent in the company of a uniformed police officer of the City. 13.20.260 Vandalism, Falsifying, or Tampering: No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this ordinance. No person shall make any false statement, representation or certification in any application, record, report or plan, or other document filed or required to be maintained pursuant to this ordinance. Any person found in violation of this requirement shall be subject to the sanctions set out in this ordinance. 13.20.265 Confidential Information: Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, and monitoring programs, and from the Superintendent's inspection and sampling activities, shall be available to the public 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 under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately, upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. 13.20.270 Publication of Users in Significant Noncompliance: The Superintendent shall publish annually, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, a list of the users which, Ordinance - Page 37 chubbuck0O1208.pretreatmentordinance.wpd during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and requirements. For the purposes of this provision, a user is in significant non-compliance if its violation meets one or more of the following criteria: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1); B. Technical Review Criteria (TRC) violations, defined here as those in which thirty- three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3 (1) multiplied by the TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3 (1) (daily maximum, long-term average, instantaneous limits, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; D. Any discharge of pollutant that may cause imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge; E. Failure to provide within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report non-compliance; or H. Any other violation or groups of violations, which may include a violation of Best Management Practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program. 13.20.275 Notification of Violation: When the Superintendent finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit; or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve upon that user a written notice of violation. Within ten (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 by the user to the Superintendent. Submission of such a 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 any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. Ordinance - Page 38 chubbuck08120B.pretreatmentordinance.wpd 13.20.280 Consent Orders: The Superintendent may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents will include specific action to be taken by the user to correct the non-compliance within a time period specified by the document. Such documents shall have the same force and, effect as the administrative orders issued pursuant to Sections 13.20.290 and 13.20.295 of this ordinance and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user. 13.20.285 Show Cause Hearin: The Superintendent may order a user which has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the 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 the 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 ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 13.20.020 D of this ordinance. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. 13.20.290 Compliance Orders: When the Superintendent finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. 13.20.295 Cease and Desist Orders: When the Superintendent finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement; or that the user's past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to: A. Immediately comply with all requirements; and B. 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. C. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. Ordinance - Page 39 chubbuck081208.pretreatmentordinance.wpd 13.20.300 Administrative Fines: A. When the Superintendent finds that a user has violated or continues to violate any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may fine such user in an amount not to exceed $1,000.00. 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 day during the period of violation. B. Assessments may be added to the user's next scheduled sewer service charge and the Superintendent shall have such other collection remedies as may be available for other service charges and fees. C. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of twenty percent (20%) of the unpaid balance, and interest shall accrue thereafter at the highest legal rate allowed by law. A lien against the user's property will be sought for unpaid charges, fines, and penalties. D. Users desiring to dispute such fines must file a written request to the Superintendent or Public Works Director for reconsideration of the fine along with full payment of the fine amount within ten (10) days of being notified of the fine. The Superintendent or Public Works Director may convene a hearing on the matter within thirty 30 days of receiving the request from the user. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The City may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. E. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. 13.20.305 Emergency Suspensions: The Superintendent may immediately suspend a user's discharge without formal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user's discharge after notice, that threatens to interfere with the operation of the POTW, or which presents, or may present an endangerment to City workers, the general public, and/or to the environment. A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sanitary sewer. connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in Section 13.20.3 10 of this ordinance are initiated against the user. B. A user that is responsible, in whole or in part, for any discharge presenting imminent 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 Superintendent prior to the date of any show cause or termination hearing under Sections 13.20.285 and 13.20.3 10 of this ordinance. Ordinance - Page 40 chubbuck081208.pretreatmentordinance.wpd C. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. 13.20.310 Termination of Discharge, Non -Emergency: In addition to the provisions in Section 13.20.160 of this ordinance, any user that violates the following conditions is subject to discharge termination: A. Violation of wastewater discharge 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; or E. Violation of the pretreatment standards in Sections 13.20.030 through 13.20.045 of this Ordinance. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.20.285 of this ordinance why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user. of Show Cause Hearing Decision, Comuliance Order Any interested person, including the user, may petition to the City Council for reconsideration of a show cause hearing decision, a compliance order, a cease and desist order, or a non -emergency termination of discharge within ten (10) days of the issuance of said decision or order. 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 decision being objected to, the reasons for this objection and an alternative proposal, if any, it seeks to be applied to the wastewater discharge permit. C. The effectiveness of the decision, order or termination regarding the wastewater discharge permit shall not be stayed pending the appeal. D. If the City fails to act within thirty (30) days from the receipt of a petition for review, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a show cause hearing decision, a compliance order, a cease and desist order or a non -emergency termination order of a wastewater discharge permit shall be considered final administrative action for purposes of judicial review. E. Aggrieved parties seeking review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the District Court of the Sixth Judicial District in and for the County of Bannock within two (2) years from the date of said final decision. Ordinance - Page 41 chubbuck081208.pretreatmentordinance.wpd 13.20.315 Injunctive Relief: When the Superintendent finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the District Court of the Sixth Judicial District in and for the County of Bannock through the City's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. 13.20.320 Civil Penalties: A. A user who has violated or continues to violate any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $1,000.00 per violation, per day. In the case of a monthly, or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. B. The Superintendent may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. C. 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 user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. 13.20.325 Criminal Prosecution: A. A user which has willfully or negligently violated or continues to violate any provision of this ordinance, a wastewater discharge permit, order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 per violation, per day, or imprisonment for not more than six (6) months, or both. B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000.00 and/or be subject to imprisonment for six (6) months. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. C. A user which knowingly made any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance Ordinance - Page 42 chubbuck081208.pretreatmentordinance.wpd shall, upon conviction, be punished by a fine of not more than $1,000.00 per violation per day, or imprisonment for not more than six (6) months, or both. 13.20.330 Remedies Non-exclusive: The remedies provided for in this ordinance are not exclusive. The Superintendent reserves the right to take any, all, or any combination of these actions against a non-compliant user. Enforcement in response to pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City reserves the right to take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any non-compliant user. These actions may be taken concurrently. 13.20.335 Performance Bonds: The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this ordinance, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance. 13.20.340 Liability Insurance: The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this ordinance, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, unless such user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. 13.20.345 Payment of Outstanding Fees and Penalties: The Superintendent may decline to issue or reissue a wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this ordinance, a previous, individual wastewater discharge permit or order issued hereunder. 13.20.350 Water Supply Severance: Whenever a user has violated or continues to violate any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, after the user has satisfactorily demonstrated its ability to comply. 13.20.355 Public Nuisances: A violation of any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent. Any person(s) creating a public nuisance shall be subject to the provisions of the City Municipal Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. 13.20.360 Upset: A. For the purposes of this Section "upset" means an exceptional incident in which there is unintentional and temporary non-compliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Ordinance - Page 43 chubbuck0812 8.pretreatmentordinance.wpd B. An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of paragraph C of this section are met. C. A 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 user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workman -like manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information to the POTW and treatment plant operator within twenty four (24) hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five (5) days: (a) A description of the indirect discharge and cause of non- compliance; (b) . The period of non-compliance, including exact dates and times or, if not corrected, the anticipated time the non-compliance is expected to continue; and (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the non-compliance. D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset, shall have the burden of proof. E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for non-compliance with applicable pretreatment standards. F. Users shall control production of all discharges to the extent necessary to maintain. compliance with applicable pretreatment standards upon reduction, loss, or failure of their 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. 13.20.365 Prohibited Discharge Standards: A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 13.20.030 of this ordinance if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in Ordinance - Page 44 chubbuck08l2O8.pretreatmentordinance.wpd compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. 13.20.370 Bypass: A. For the purposes of this section, (1) "Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperahle, 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. A 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 provision of paragraphs (C) and (D) of this section. C. Bypass Notification (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the City of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the 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 reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within twenty four (24) hours. D. Bypass Conditions (1) Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) 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 back-up 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 preventive maintenance; and Ordinance - Page 45 ch ubbuck081208. pretreatme ntord i na nce mpd (c) The user submitted notices as required under paragraph C of this section. (2) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in paragraph D (1) of this section. 13.20.375 Pretreatment Charges and Fees: The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include: A. Fees for wastewater discharge permit including the cost of processing such applications; B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users; C. Fees for reviewing and responding to accidental discharge procedures and construction of pretreatment facilities and sewer connections; D. Fees for filing appeals; E. Fees to recover administrative and legal costs associated with the enforcement activity taken by the Superintendent to address user non-compliance; and F. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines, and penalties chargeable by the City. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage; approval and publication. Ordinance - Page 46 chubbuck08l2O8.pretreatrnentordinance.wpd PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 9TH day of SEPTEMBER )2008, 4evenM4.En-,1Tand,M—ay4orAe- ATTEST: /WV 1� 6�Z,4- Ron Conlin, City Clerk Ordinance - Page 47 chubbuck081 208. pretreatmentordinancewpd SUMMARY OF ORDINANCE NO. 659 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, repealing Chapter 13.20 of the Chubbuck Municipal Code and adopting a new Chapter 13.20, "Pretreatment Regulations" which parallel the City of Pocatello's Ordinance No. 2837 adopting recommendations made by the Water Pollution Control Department Superintendent for the City of Pocatello, and which pretreatment regulations Chubbuck is required to adopt by its agreement with Pocatello to utilize the Pocatello Wastewater Treatment Plant; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 13.20 not amended shall remain in effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in effect after its passage, approval and publication. 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. 659 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this J day of September, 2008. 1 Thomas J. Holmes, C y Attorney SUMMARY OF ORDINANCE NO. _ - Page 1 chubbuck091508sum659.wpd