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0250 General Waste Water Regulations 1984ORDINANCE NO. 250 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ESTABLISHING REQUIREMENTS FOR DISCHARGES INTO THE CITY WASTEWATER COLLECTION AND TREATMENT SYSTEMS; PROVIDING DEFINITIONS; PROVIDING GENERAL DISCHARGE PROHIBITIONS AND LIMITATIONS ON WASTEWATER STRENGTH; REQUIRING PROTECTION MEASURES AGAINST ACCIDENTAL DISCHARGE; PROVIDING FOR FEES FOR DISCHARGERS TO BE SET BY RESOLUTION OF THE CITY COUNCIL; PROVIDING DISCLOSURE REQUIREMENTS ON WASTEWATER DISCHARGES; PROVIDING REQUIREMENTS FOR COMPLIANCE REPORTS AND MONITORING FACILITIES; PROVIDING FOR INSPECTION OF FACILITIES BY THE CITY; PROVIDING PROCEDURES FOR NOTIFICATION OF VIOLATIONS, ENFORCEMENT ACTIONS, AND PENALTIES; PROVIDING REGULATIONS FOR RETENTION OF RECORDS, PROVIDING SEVERABILITY; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, the City has entered into an agreement with the City of Pocatello for the use of the City of Pocatello's Wastewater Treatment Facility for collection and treatment of wastewater; and, WHEREAS, the City has a duty to protect public health in conformity with all applicable local, State, and Federal laws; and, WHEREAS, the City deems it in the best interest of the public health to prevent the introduction of pollutants into the City wastewater system which will either interfere with the normal operation of the system or contaminate the resulting municipal sludge, or which do not receive adequate treatment in the Facility and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; and, WHEREAS, the City deems it in the best interest of the citizens of Chubbuck to improve the opportunity to recycle and reclaim wastewater and sludge from the system; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Ordinance - Page 1 jm CH2 - #26 SECTION 1. PURPOSE: This Ordinance shall provide uniform regulations and requirements for Dischargers into the City wastewater collection system and the City of Pocatello's wastewater treatment system, hereafter also referred to as the POTW, and shall provide for enforcement of administrative regulations relating to the use and operation of the POTW. SECTION 2. DEFINITIONS: Act: The Clean Water Act (33 U.S.C. 1251 et seq.), as amended. Categorical Pretreatment Standards: National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific Industrial Dischargers. Approving Authority: The Director of Public Works of the City of Chubbuck or his duly authorized deputy, agent or representative. Discharger-Industrial Discharger: Any non-residential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto. Significant Industrial Discharger: An industrial user of the City's Wastewater disposal system who: (1) Is subject to or potentially subject to national pretreatment standards promulgated under Section 307(b) or (c) of the Clean Water Act (CWA); (2) Has in his wastes any priority toxic pollutants listed in Appendix A or other toxic pollutants listed in Appendix B; (3) Has in his wastes toxic pollutants as defined pursuant to Section 307 of the CWA; (4) Has a discharge flow of 10,000 gallons or more per average work day; Ordinance - Page 2 jm CH2 - #26 (5) Has a flow greater than 5% of the flow in the City of Pocatello's wastewater treatment system; or (6) Is determined by the City to have a significant impact or potential for significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the systems effluent quality, or air emissions generated by the system. Indirect Discharge: The discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b) or (c) of the Act, into a POTW. Industrial Waste: Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources. Interference: An inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal which is a cause of or significantly contributes to either a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations 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 II more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substances Control Act. An industrial user significantly contributes to such a permit violation or prevention of sludge use or disposal in accordance with the above-cited authorities whenever such uses: (1) Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State or Local law; Ordinance - Page 3 jm CH2 ~26 (2) Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or (3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a POTW permit violation or prevent sewage sludge use or disposal in accordance with the above-cited authorities as they apply to the POTW's selected method of sludge management. NPDES: National Pollutant Discharge Elimination System Permit program as administered by the USEPA or State. 0 and M: Operation and Maintenance. Other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes. POTW: Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City, or the City of Pocatello. Pollutant: Any substance discharged into a POTW or its collection system, listed in Appendices A and B attached hereto, or any substance which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act. Pretreatment: The reduction of the amount of pollutants, the elmination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. Sewage: Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm, or other waters as may be present. Sewer: Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source. Ordinance - Page 4 jm CH2 - ~26 Shall: Is mandatory. Slugload: Any discharge which exceeds for a period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour flows during normal operation or more than five (5) times the twenty-four (24) hour allowable concentration of any substance listed in Appendices A and B hereto, or which causes interference to a POTW. Toxic Pollutants: Those substances listed in Appendix A attached hereto. Upset: An exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Appendices A and B hereto due to factors beyond the reasonable control of the Discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. Wastewater: Industrial waste, or sewage or any other water including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW. SECTION 3. REGULATIONS: (A) General Discharge Prohibitions. No Discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or otherwise to the facilities of the City: (1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to the operation of the POTW. (2) Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system. Ordinance - Page 5 jm CH2 - ~26 (3) Any wastewater having a pH less than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the system. (4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in National Categorical Pretreatment Standards, Appendix C hereto. A toxic pollutant shall include, but not be limited to, any pollutant identified in the Toxic Pollutant List set forth in the Federal Priority Pollutant List, Appendix A. (5) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair. (6) Any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. (In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use on disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the sludge management method being used.) (7) Any substance which will cause the POTW to violate its NPDES and/or other Disposal System Permits. (8) Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. Ordinance - Page 6 jm CH2 - #26 (9) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the POTW which exceeds 40°C (104°F). (10) Any slugload, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW. (11) Any unpolluted water including, but not limited to, non-contact cooling water. (12) Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as exceed limits established by the City in compliance with applicable State or Federal Regulations. (13) Any wastewater which causes a hazard to human life or creates a public nuisance. (B) Limitations on Wastewater Strength. (1) National Categorical Pretreatment Standards: National categorical pretreatment standards (Appendix C) as promulgated by the U.S. Environmental Protection Agency pursuant to the Act and as adopted by the City and made a part hereto shall be met by all Dischargers of the regulated industrial categories. An application for modification of the national categorical pretreatment standards may be considered for submittal to the Regional Administrator by the City of Pocatello, when the City of Pocatello's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR Section 403.7. (2) Right of Revision: The City reserves the right to amend this Ordinance to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in Section 1 of this Ordinance. Ordinance - Page 7 jm CH2 - #26 (3) Dilution: No Discharger shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this ordinance. (4) Supplementary Limitations: No Discharger shall discharge wastewater containing concentrations (and/or mass limitations) of substances exceeding the values shown in Appendix B. The City may impose mass limitations on Discharges which are using dilution to meet the Pretreatment Standards or Requirements of this Ordinance, or in other cases where the imposition of mass limitations is deemed appropriate by the City. (C) Accidental Discharges. (1) Each Discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this ordinance. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the Discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. All existing significant Industrial Dischargers and any other existing Dischargers where requested by the Director of Public Works shall complete its plan and submit same to the City by June 30, 1984. No Discharger who discharges to the POTW after the aforesaid date shall be permitted to introduce pollutants into the system until Accidental Discharge Protection Procedures have been approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the Discharger from the responsibility to modify its facility as necessary to meet the requirements of this ordinance. (2) Dischargers shall notify the City immediately upon the occurrence of a "slugload", or accidental discharge of substances prohibited by this ordinance. The notification shall Ordinance - Page 8 jm CH2 - #26 include location discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any Discharger who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State or Federal law. SECTION 4. The City may adopt charges and fees including, but not limited to: (a) Fees for monitoring, inspections and surveillance procedures; (b) Fees for filing appeals; (c) Fees for reviewing accidental discharge procedures and construction. Such fees may be set from time to time by Resolution of the City Council. SECTION 5. ADMINISTRATION: (A) Wastewater Dischargers. It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the juridiction of the City, and/or to the POTW without having first complied with the terms of this ordinance. In additional to the terms of this ordinance, a "Significant Industrial Discharger" shall not be allowed to connect to the wastewater system without written approval from the Approving Authority. (B) Wastewater Discharge Data Disclosure. (1) General Disclosure: All Significant Industrial Dischargers proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this ordinance within ninety (90) days after the effective date of this ordinance. (2) Disclosure Forms: Significant Industrial Dischargers shall complete and file with the City, a disclosure declaration in the form prescribed by the City. Existing Significant Industrial Dischargers shall file disclosure forms Ordinance - Page 9 jm CH2 - ~26 within thirty (30) days after the effective date of this ordinance, and proposed new Dischargers shall file their disclosure forms at least sixty (60) days prior to connecting to the POTW. The disclosure to be made by the Discharger shall be made on written forms provided by the City and shall cover: (a) Disclosure of name, address, and location of the Discharger; (b) Disclosure of Standard Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (c) Disclosure of wastewater constituents and characteristics including, but not limited to, those mentioned in this Ordinance, including Appendices A and B, and C as appropriate, as determined by bonafide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR Part 136, as amended. (d) Disclosure of time and duration of discharges; (e) Disclosure of average daily and instantaneous peak wastewater flow rates in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility. (f) Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation; (g) Description of activities, facilities and plan processes on the premises including all materials which are or may be discharged to the sewers or works of the City; (h) Disclosure of the nature and concentration of any pollutants or materials prohibited by this Ordinance in the discharge, together with a statement regarding whether or not Ordinance - Page 10 jm CH2 - 926 compliance is being achieved with this ordinance on a consistent basis and if not, whether additional pretreatment is required for the Discharger to comply with this ordinance. (i) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this ordinance, the Discharger shall provide a declaration of the shortest schedule by which the Discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities. (i) The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Discharger to comply with the requirements of this ordinance including but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and other acts necessary to achieve compliance with this ordinance. (ii) Under no circumstances shall the City permit a time increment for a single step directed toward compliance to exceed nine (9) months. (iii) Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the Discharger shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the Discharger to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the City. Ordinance - Page 11 jm CH2 ~26 (j) Disclosure of each product produced by type, amount, process or processes and rate of production; (k) Disclosure of the type and amount of raw ~materials utilized (average and maximum per day); (1) All disclosure forms shall be signed by a principal executive officer of the Discharger, and a qualified engineer when so required by the Approving Authority. (m) The City may require inspection and sampling manholes and/or flow measuring, recording and sampling equipment if deemed necessary by the Approving Authority to assure compliance with this Ordinance. The City will evaluate the complete disclosure form and data furnished by the Discharger and may require additional information. Within 30 days after full evaluation and acceptance of the data furnished, the City shall notify the Discharger of the City's acceptance thereof through issuance of an Industrial Wastewater Acceptance Form, or rejection thereof. (b) Standards Modification. The City reserves the right to amend this Ordinance and the terms and conditions hereof in order to assure compliance by the City with applicable laws and regulations. Within nine (9) months of the promulgation of a National Categorical Pretreatment Standard, this Ordinance shall be amended to require compliance by Dischargers with such standards within the time frame prescribed by such standards. All National Categorical Pretreatment Standards adopted after the promulgation of this Ordinance shall be adopted by the City as part of this Ordinance. Where a Discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted a disclosure form as required by subsubsection (B), Section 5, the Discharger shall file a disclosure form with the City within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, any Discharger operating on the basis of a previous filing of a Ordinance Page 12 jm CH2 - ~26 disclosure statement, shall submit to the City within 180 days after the promulgation of any applicable National Categorical Pretreatment Standard, the additional information required by paragraphs (h) and (i) of Subsection (B), Section 5. The Discharger shall be informed of any proposed changes in the ordinance at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the ordinance include a reasonable time schedule for compliance. SECTION 6. REPORTING REQUIREMENTS FOR DISCHARGERS: (A) Compliance Date Report. Within ninety (90) days following the date for final compliance by the Discharger with applicable Pretreatment Standards set forth in this ordinance or ninety (90) days following commencement of the introduction of wastewater into the POTW by a New Discharger, any Discharger subject to this ordinance shall submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in this discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the Discharger into compliance with applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the Discharger and certified to by a qualified engineer. (B) Periodic Compliance Reports. (1) Any Discharger subject to a Pretreatment Standard set forth in this Ordinance, after the compliance date of such Pretreatment Standard, or, in the case of a New Discharger, after commencement of the discharge to the City, shall submit to the City during the months of June and December, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the Pretreatment Standards hereof. Ordinance - Page 13 jm CH2 - 926 In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in Subsection (A), Section 6 hereof. Flows shall be reported on the basis of actual measurement, provided, however, where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. The City, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of said reports on months other than those specified above. (2) Reports of Dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City. The frequency of monitoring by the Discharger shall be as prescribed in the applicable Pretreatment Standard of this ordinance. All analyses shall be performed in accordance with procedures established by EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by EPA. Sampling shall be performed in accordance with the techniques for the pollutants in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the City or other parties, approved by the EPA. SECTION 7. MONITORING FACILITIES AND COMPLIANCE MONITORING: (A) Each Discharger shall provide and operate at the Discharger's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sewer discharge to the Authority. Each monitoring facility shall be situated on the Discharger's premises, except where such location would be impractical or cause undue hardship on the Discharger, the City may concur with the Ordinance - Page 14 jm CH2 - #26 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. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the Discharger. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within 120 days of receipt of permit by Discharger. (B) Inspection and Sampling. The City may inspect the monitoring facilities of any Discharger to determine compliance with the requirements of this ordinance. The Discharger shall allow the City or its representatives, to enter upon the premises of the Discharger at all reasonable hours, for the purposes of inspection, sampling, or records examination. The City shall have the right to set up on the Discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. (C) Confidential Information. Information and data furnished to the City with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the Discharger specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the Discharger. When requested by a Discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental Ordinance Page 15 jm CH2 - #26 agencies for uses related to this ordinance, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the Discharger furnishing the Report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten (10) day notification is given to the Discharger. SECTION 8. ENFORCEMENT: (A) Emergency Suspension of Service and Industrial Wastewater Acceptance Form. The City may, without advance notice, order the suspension of the wastewater treatment service and the Industrial Wastewater Acceptance Form to a Discharger when it appears to the City that an actual or threatened discharge (a) presents or threatens an imminent or substantial danger to the health or welfare of persons or substantial danger to the environment or (b) threatens to interfere with the operation of the POTW, or to violate any pretreatment limits imposed by the ordinance. Any discharger notified of the City's suspension order shall immediately cease all discharges. In the event of failure of the Discharger to comply with the suspension order, the City may commence judicial proceedings immediately thereafter to compel the Discharger's specific compliance with such order and/or to recover civil penalties. The City shall reinstate the wastewater treatment service and Industrial Wastewater Acceptance Form upon proof by the Discharger of the elimination of the noncomplying discharge or conditions creating the threat as set forth above. Ordinance - Page 16 jm CH2 926 (B) Termination of Treatment Services. A Discharger shall not (a) fail to factually report accurately the wastewater constituents and characteristics of its discharge; (b) fail to report significant changes in wastewater constituents or characteristics; (c) refuse reasonable access to the Discharger's premises by representatives of the City for the purpose of inspection or monitoring; or (d) violate the provisions of this ordinance, or any order of the City with respect thereto. The City may terminate wastewater treatment services to any Discharger who violates any of the foregoing prohibitions. (C) Notification of Violation: Administration Adjustment. Whenever the City finds that any Discharger has violated the prohibitions in subsection (B) hereof, the City shall cause to be served upon such Discharger a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within thirty (30) days of the date of receipt of the notice, the Discharger shall respond personally or in writing or by certified or registered mail, return receipt requested, to the City, advising of its position with respect to the allegations. Thereafter, the Discharger shall be given the opportunity to meet to ascertain the veracity of the allegations and establish a plan for the satisfactory correction of the violations and preclusion of a recurrence thereof. (D) Show Cause Hearinq. Where the violation of Subsection (B) hereof is not corrected by timely compliance by means of Administration Adjustment, the City may order any Discharger which suffers or permits a violation of Subsection (B) hereto to show cause before the City or its duly authorized representative why the proposed service termination action should not be taken. A written notice shall be served on the Discharger by personal service, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the City or its designee regarding the violation, the reasons why the Ordinance - Page 17 jm CH2 - 926 enforcement action is to be taken, the proposed enforcement action, and directing the Discharger to show cause before the City or its designee why the enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service may be made on any agent, officer, or authorized representative of a Discharger. The proceedings at the hearing shall be considered by the City, which shall then enter appropriate orders with respect to the alleged violation of the Discharger. Appeal of such orders may be taken by the Discharger in accordance with applicable local or state law. (E) Judicial Proceedings. Following the entry of any order by the City with respect to the violation by a Discharger of Subsection (B) hereof, the City may commence an action for appropriate legal and/or equitable relief in the appropriate local court. (F) Significant Violations, Annual Publication. A list of dischargers who were significantly violating the terms of this ordinance during the previous twelve months, shall be annually published by the City in the City's official newspaper. For the purposes of this section, a significant violation is a violation which remains uncorrected forty-five days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve month period; which involves a failure to accurately report noncompliance; or which resulted in the City exercising its emergency authority under Section 8 (A). (G) Right of Appeal. Any Discharger or any interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by this ordinance and shall be entitled to a prompt written reply. In the event that such inquiry is by a Discharger and deals with matters of performance or compliance with this ordinance for which enforcement activity relating to an alleged violation is the Ordinance - Page 18 jm CH2 - #26 subject, receipt of a Discharger's request shall not stay enforcement proceedings pending. Appeal of any final judicial order entered pursuant to this Ordinance may be taken in accordance with local and state law. (H) Operating Upsets. Any Discharger which experiences an upset in operation which places the Discharger in a temporary state of noncompliance with this ordinance shall inform the City thereof within twenty-four (24) hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the Discharger with the Authority within five (5) days. The report shall specify: (1) Description of the upset, the cause thereof, and the upset's impact on the Discharger's compliance status. (2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably to occur. (3) All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset or other conditions of noncompliance. A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the City against the Discharger for any noncompliance with the ordinance which arises out of violations alleged to have occurred during the period of the upset. SECTION 9. PENALTIES: (A) Any Discharger who violates an order of the City, or who fails to comply with (1) any provision of this ordinance, or (2) any regulations, rule or permit of the City, issued pursuant to this ordinance, shall be liable to the City for a civil penalty. The amount of such civil penalty shall be not less than $250.00 Ordinance - Page 19 jm CH2 #26 per violation nor more than $1,000.00 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. Such penalties may be recovered by judicial actions and/or, to the extent permissible by state law, by administrative procedures. (B) Recovery of Costs Incurred by the City. Any Discharger violating any of the provisions of this ordinance who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the City's wastewater disposal system shall be liable to the City for any expense, loss, or damage caused by such violation of discharge. The City shall by order bill the Discharger for the cost incurred by the City for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this ordinance, enforceable under the provisions of Section 8 of this ordinance. (C) Falsifying Information. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, and plan or other document filed or required to be maintained pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall (in addition to civil and/or criminal penalties provided by state law) be guilty of a misdemeanor and shall be prosecuted and punished accordingly. (D) General Criminal Penalties. Any user who knowingly violates any provision of this ordinance shall be guilty of a misdemeanor and shall be punished accordingly. SECTION 10. RECORDS RETENTION: All Dischargers subject to this ordinance shall retain and preserve for not less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of Ordinance - Page 20 jm CH2 - ~26 a Discharger in connection with its discharge. Ail records which pertain to matters which are the subject of Administrative Adjustment or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the Discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. SECTION 11. SEVERABILITY: If any provision, paragraph, word, section or chapter of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect. SECTION 12. CONFLICT: All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of such inconsistency or conflict. SECTION 13. EFFECTIVE DATE: The rule requiring an ordinance to be read on three (3) separate days is hereby dispensed with and this ordinance shall be in full force and effect from and after its approval and publication according to law. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, this 28th day of February, 1984. ATTEST: CITY CLERK PUBLISHED: CITY OF CHUBBUCK PRESIDEN~O~-THE COUNCIL Ordinance Page 21 jm CH2 - #26