HomeMy WebLinkAbout0829 Amending 13.20 Pretreatment RegulationsCITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 9 �,q
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING CHAPTER
13.18, SEPTAGE WASTE HAULERS; AMENDING CHAPTER 13.20,
PRETREATMENT REGULATIONS TO UPDATE DEFINITIONS CONSISTENT
WITH THE STATE OF IDAHO AND FEDERAL GOVERNMENT CHANGES TO
REGULATIONS; CHANGING THE DEFINITION OF THE POLLUTION
DISCHARGE PERMIT FROM A NATIONAL TO AN IDAHO PERMIT, CHANGING
CERTAIN OTHER DEFINITIONS; PROVIDING THE CITY MAY IMPLEMENT
BEST MANAGEMENT PRACTICES IN LIEU OF OR IN CONJUNCTION WITH
NUMERICAL LOCAL LIMITS; ELIMINATING THE PROVISIONS FOR FEES AND
LIABILITY INSURANCE REQUIREMENTS FOR WASTE HAULERS; PROVIDING
A MONITORING WAIVER MAY NOT BE IN EFFECT FOR OVER 5 YEARS;
PROVING FOR A MAXIMUM 90 DAY NOTIFICATION TO THE PUBLICALLY
OWNED TREATMENT WORKS OF SIGNIFICANT CHANGES IN ANTICIPATED
VOLUMES OR CHARACTERISTICS OF DISCHARGES; PROVIDING
STANDARDS FOR FLOW MEASUREMENT DEVICES AND MAXIMUM
DEVIATIONS; PROVIDING THAT A USER NOT IN COMPLIANCE MAY HAVE
AN ENFORCEMENT ACTION IMPLEMENTED AND NOTICE PUBLISHED IN THE
NEWSPAPER; PROVIDING A MAXIMUM PENALTY OF UP TO $1,000;
PROVIDING THAT IF THERE IS A REDUCTION OF EFFICIENCY OR FAILURE
OF THE TREATMENT WORKS, AN INDUSTRIAL USER MUST CONTROL ITS
PRODUCTION AND DISCHARGES TO MAINTAIN COMPLIANCE WITH THIS
CHAPTER AND DENYING THE DEFENSE THAT IT WAS NOT FEASIBLE FOR
THE USER TO REDUCE OF HALT ACTIVITY; 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:
Section 1. Chapter 13.18 Septage Waste Haulers. Chapter 13.18, Septage Waste
Haulers is hereby repealed.
Section 2. Amendments to Chapter 13.20 Pretreatment Regulations. The following
sections of Chapter 13.20, Pretreatment Regulations are hereby amended as follows;
13.20.020; DEFINITIONS:
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
chapter, shall have the meanings hereinafter designated:
ACT OR THE ACT: The federal water pollution control act, also known as the clean water act,
as amended, 33 USC 1251 et seq.
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.
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APPROVAL AUTHORITY: The administrator of Idaho DEQ .
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER:
A. If the user is a corporation:
1. 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 malting functions
for the corporation; or
2. 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;
B. If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively;
C. 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
D. 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 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 defmition 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 definition must
be submitted to the city prior to or together with any reports to be signed by an authorized
representative.
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.
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 includes treatment requirements,
operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw materials storage.
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
twenty degrees Celsius (20°C), usually expressed as a concentration in milligrams per liter (mg/1).
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any
regulation containing pollutant discharge limits promulgated by EPA in accordance with sections
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307(b) and (c) of the act (33 USC 1317) which applies to a specific category of users and which
appears in 40 CFR chapter I, subchapter N, parts 405-471.
CATEGORICAL USER: A user regulated by one of EPA's categorical pretreatments.
CHEMICAL OXYGEN DEMAND OR COD: A measure of the oxygen required to oxidize all
compounds, both organic and inorganic, in water.
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.
CLEAN WATER ACT: The federal water pollution control act, as amended (33 USC 1251 et seq.).
COLOR: The optical density at the visual wavelength of maximum absorption relative to
distilled water. One hundred percent (100°/x) transmittance is equivalent to zero (0.0) optical density.
COMPOSITE SAMPLE: A sample made up of a mixture of discrete samples (minimum 12)
collected at the same sampling point at equal intervals over a twenty four (24) hour period, with
each interval not to exceed two (2) hours. In a flow proportioned composite sample, the discrete
portions are varied according to flow. Where the flow is not continuous over a twenty four (24)
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 one hundred milliliters (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 (24) hour period shall include enough sample volume to perform
all analyses required by the city.
The city interprets a "day" to be a twenty four (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.
CONTAMINANT: Any substance that is discharged to the POTW other than clean drinking
water and/or storm and surface water runoff.
CONTROL AUTHORITY: The city of Chubbuck, the city council, the POTW, the city public
works director, the Pocatello water pollution control superintendent, or the superintendent's duly
authorized deputy, representative or agent.
COOLING WATER/NONCONTACT 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.
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.
DOMESTIC USER (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
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toilet facilities, baths, or kitchens (provided there is no commercial preparation of foods), free
from stormwater, surface water, and industrial or other process water. Discharges from a
residential dwelling unit typically include up to one hundred (100) gallons per capita per day, 0.2
pound of BOD per capita per day, and 0.17 pound of TSS per capita per day.
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.
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.
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.
EXISTING USER: Any non -categorical user which was discharging wastewater prior to the
effective date hereof.
GRAB SAMPLE: A grab sample is individual sample collected over a period of time not
exceeding 15 minutes. � sample which is taken from a waste strearn on a onetime basis withain
regard to the flow in waste stream and without consideration of time.
INDIRECT DISCHARGE OR DISCHARGE: The introduction of pollutants into the POTW
from any nondomestic 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.
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.
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.
INTERFERENCE: A discharge that alone, or in conjunction with a discharge or discharges from
other sources: a) inhibits or disrupts the POTW, its treatment processes or operations; b) inhibits
or disrupts its sludge processes, use or disposal; or c) is a cause of a violation of the city's
NPDES IPDES 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 II 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 SWDA; the clean air act; the toxic substances control act; and the marine
protection, research, and sanctuaries act.
IPDES PERMIT: The citv of Pocatello's Idaho pollutant discharee elimination system hermit.
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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).
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.
MAXIMUM ALLOWABLE HEADWORKS: The maximum loading of a pollutant that can be
received at the POTW's headworks without causing pass-through, interference, interference with
beneficial reuse of sludge, or cause an adverse effect on worker health.
MAXIMUM ALLOWABLE INDUSTRIAL LOADING (MAIL): The total mass of a pollutant
that all industrial users (or a subgroup of industrial users as identified by the city) may discharge
pursuant to the local limits developed under 40 CFR section 403.5.
MEDICAL WASTES: Isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, and dialysis wastes.
MONTHLY AVERAGE: The sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
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.
NPDES PEP�MT: The eity of Poeatello's national poffittant dischazge elimination system permit.
NEW SOURCE: A. 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:
1. The building, structure, facility, or installation is constructed at a site at which no other source is
located; or
2. The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
3. The production or wastewater generating processes of the building, structure, facility or
installation are substantially independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent to which the new facility is
integrated with the existing plant, and the extent to which the new facility is engaged in the same
general type of activity as the existing source, should be considered.
B. 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 subsection A2 or A3 of this definition but otherwise alters, replaces, or
adds to existing process or production equipment.
C. Construction of a "new source" as defined herein has commenced if the owner or operator has:
1. Begun, or caused to begin as part of a continuous on site construction program:
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a. Any placement, assembly, or installation of facilities or equipment; or
b. Significant site preparation work including clearing, excavation, or removal of existing buildings,
structures, or facilities which is necessary for the placement, assembly, or installation of new
source facilities or equipment; or
2. 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 definition.
NEW USER: 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 hereof. Any person that buys an
existing facility that is discharging nondomestic wastewater will be considered an "existing user"
if no significant changes are made in the manufacturing operation.
PASS-THROUGH: A discharge which exits the POTW 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 P&DES
IPDES permit, including an increase in the magnitude or duration of a violation.
PERMITTEE: A person or user issued a wastewater discharge permit.
PERSON: Any individual, partnership, eepartnership 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.
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
OA to 14.0, with 7.0 representing neutrality, numbers less than 7.0 increasing acidity, and numbers
greater than 7.0 increasing alkalinity.
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).
POLLUTANT OF CONCERN (POC): Any pollutant that is present in concentrations or mass that
may reasonably be expected to cause pass-through, interference or impact another environmental
standard evaluated in the development of local limits.
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 dluting the concentration
of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENT: Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS: Prohibited discharge standards, categorical
pretreatment standards, and local limits and/or BMPs established by the POTW.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions
against the discharge of certain substances which appear in section 13.20.030 of this chapter.
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PUBLICLY OWNED TREATMENT WORKS (POTW): A "treatment works", as defined by section
212 of the act (33 USC 1292), which is owned by the city of Pocatello. This 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 of Pocatello.
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.
SEWAGE: Human excrement and gray water (household showers, dishwashing operations, etc.).
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 chapter to enter the POTW.
SHALL; MAY: "Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER: Except as provided in subsection C of this definition, a
significant industrial user is:
A. A user subject to categorical pretreatment standards; or
B. A user that:
1. Discharges an average of twenty five thousand (25,000) gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blow down
wastewater);
2. Contributes a process waste stream which makes up five percent (5%) or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant; or
3. 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.
C. Upon a finding that a user meeting the criteria in subsection B of this definition 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.
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 chapter or any
discharge of a nonfaatinc non -routine, episodic nature, including,utb not kited to, an accidental
spill or a nometistarnafynon-customary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE: A classification pursuant to the standard
industrial classification manual issued by the United States office of management and budget.
STORMWATER: 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.
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 chapter,
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.
SURCHARGE LIMITS: Abnormal strength wastes are charged additional fees. Additional fees are
charged per pound per one thousand (1,000) gallons in accordance with the city's most current rate resolution
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.
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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.
TREATMENT PLANT EFFLUENT: The discharge from the POTW into waters of the United States.
UPSET: An exceptional incident in which a discharger unintentionally and temporarily is in a state of
noncompliance with the applicable pretreatment standards due to factors beyond the reasonable
control of the discharge, and excluding noncompliance to the extent caused by operational error,
improperly designed treatment facilities, lack of preventive maintenance, or careless or improper
operation therefor.
USER, INDUSTRIAL USER OR PERSON: A source of indirect discharge. The source shall not
include "domestic user" as defined herein.
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.
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.
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 chapter.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT: That portion of the POTW which
is designed to provide treatment of municipal sewage and industrial waste
13.20.025: ABBREVIATIONS:
The following abbreviations, when used in this chapter, shall have the designated meanings:
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Accidentalspill prevention plan
MP:
Best management practice
MR:
Baseline monitoring report
OD:
Biochemical oxygen demand
FR:
Code of federal regulations
IU:
Categorical industrial user
OD:
Chemical oxygen demand
PA:
U.S. environmental protection agency
pd:
Gallons per day
U:
Industrial user
WA:
Industrial waste acceptance
Liter
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C450:
Lethal concentration for fifty percent (50%) of the test organisms
EL:
Lower explosive limit
g:
Milligrams
gll:
Milligrams per liter
I INPDES:
Idaho National pollutant discharge elimination system
SCIU:
Nonsignificant categorical industrial user
&M:
Operation and maintenance
OTW:
Publicly owned treatment works
CRA:
Resource conservation and recovery act
!C;
Standard industrial classifications
IU:
Significant industrial user
NC:
Significant noncompliance
WDA:
Solid waste disposal act (42 USC 6901 et seq.)
SS:
Total suspended solids
SC:
I 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. S ecific 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
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
statutes, including, but not limited to, the solid 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, waste
streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (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
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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 three-eighths inch (31g"} 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(2QQ mgll) of total suspended solids in
any one day; or wastes containing more than two hundred milligrams per liter (200 mg11) of
biochemical oxygen demand in any one day unless specifically authorized by the superintendent.
7. A flow of twenty five thousand (25,000) gallons per dday or more of process wastewater
excluding sanitary, noncontact cooling and boiler blowdown wastewater r a
flow of tive percent (b%) 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 one hundred degrees Fahrenheit (100°F) (37.8°C) unless this
limit is modified by a 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.
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 I-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. Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage,
swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted
wastewater, unless specifically authorized by the superintendent.
16. Any sludges sludge, 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 percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit
(LEL) of the meter.
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chubbuckWfi27 prntrealamntordwpd
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, wastepaper, wood, plastics, gas, tar
asphalt residues, residues from 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.
22. Substances Violating IPDES or Other Permits: Any substance which will cause the POTW to
violate its PUES and/or other isposal 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, and
rodenticide act (FIFRA).
27. Chlorine demand of more than twenty milligrams per liter (20 mg11), 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.
13.20.045: LOCAL LIMITS:
A. The following pollutant limits are established to protect against pass-through and interference. No
significant industrial user shall discharge wastewater containing pollutant levels in excess of the
following daily maximum allowable discharge limits:
Pollutant
ai y maximum mg
rsenic
0.05
admium
0.028
hromium
3.2
opper
0.515
ead
0.195
ercury
0.00067
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olybdenum
0.12
ickel
0.42
elenium
0.107
ilver
0.62
inc
1.87
it and grease (animal and vegetable based)
350
it and grease (petroleum based)
100
H minimum (S.U.)
6.0
H maximum S.U.
10.0
Notes:
1. Pollutants are total and in mg/l unless otherwise sEecified.
B. The above limits apply at the point where the wastewater is discharged to the POTW (end of
pipe). 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 limit for a given pollutant, the more stringent limit of applicable pretreatment
standard shall apply.
C. The following limits shall apply to wastewaters that are discharged from the groundwater cleanup
of petroleum or gasoline underground storage tanks or other remediation wastewaters
containing these pollutants or where these pollutants are appropriate surrogates. It shall be
unlawful for any industrial user to discharge or cause to be discharged any waste or wastewater
to the POTW that exceeds the following limits, as applicable:
D E. Where possible and aoDrooriate. the Citv may establish and implement industrv-soecifc BMP's
(best management practices) in conjunction with or in lieu of numerical local limits. Such BMP's
shade�considere retreatment standards and areul�orcea le under this chapter. Base
upon assessment ot need and on a user speci is basis the City may incorporate pollutant
specific BMP's or concentration or mass limits into indirect discharae Dermits. Wherever a user
is subject to both a cateaoricaj pretreatment standard and a local limit Tor a given pollutant, the
more strincent limit or
Notes:
1. All pollutants shown in the table above are total.
2. BTEX shall be measured as the sum of benzene, ethyl benzene, toluene and xylenes.
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aj y Maximum Limitmg
enzene
0.050
TEX20.750
Notes:
1. All pollutants shown in the table above are total.
2. BTEX shall be measured as the sum of benzene, ethyl benzene, toluene and xylenes.
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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 chapter.
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.
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 percent (25%) 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 sublessee, 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 resited and the user shall install one which is effective in accomplishing the
intended purpose.
When a grease interceptor/trap is cleaned, the sidewalls should be scraped and hosed down,
while all the solids and liquids contained are removed. All wastes removed from any grease
interceptorltrap shall be legally disposed of other than to the sewer. The city of Chubbuck
specifically prohibits the following grease interceptor/trap practices;
1. Pumping to remove only accumulated sediments or floating materials;
2. 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;
3. Transporting any hauled pollutants from another location for discharge into a grease interceptor/trap.
4. Use of grease interceptor/trap treatment products, including bacteria, designed to digest the grease,
^is specifically prohibited.
Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
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 this
chapter or any other requirements established or adopted by the city.
B. All domestic septic tank waste, portable toilet waste or other hauled waste 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.
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C. Discharges of nondomestic hauled waste shall be subject to the applicable prohibited discharges
as set forth in sections 13.20.030 through 13.20.045 of this chapter, as well as any applicable
federal, state and local regulations goverrnng Fara waste or any conditions the superintendent
deems necessary for protection of its treatment works.
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.
Waste haulers mustprovide 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.
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 owner(s);
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 Gf-of Operations:
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 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;
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chubbuck 041521 pretreatemnl ord wpd
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 discharged to the POTW;
3. 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:
1. 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 waste stream formula (40
CFR 403.6(e));
2. 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 8f -of Pollutants:
1. Categorical user:
a. The user shall identify the applicable pretreatment standards for each regulated or manufacturing
process.
b. 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 chapter. 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.
c. The user shall take a minimum of one representative sample to compile that data necessary to
comply with the requirements of this subsection E1.
d. 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.
2. Non -categorical user:
a. The user shall identify the applicable pretreatment standards for its wastewater discharge.
b. 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 section.
c. The user shall take a minimum of one representative sample to compile the data necessary to
comply with the requirements of this subsection E2.
d. 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 of this
chapter, which has been reviewed by an authorized representative of the user, a�ifiied 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 (O&M) and/or
additional pretreatment is required for the user to meet the applicable pretreatment standards
and requirements;
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G. Compliance Schedule: If additional pretreatment and/or O&M will be required to meet the
applicable pretreatment standards, the user shall submit 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 subsection must meet the
requirements set out in section 13.20.180 of this chapter;
H. Applicable Information Te -to Meet New Gr -or Revised Pretreatment Standards: Applicable
information to meet new or revised pretreatment standards as outlined in section 13_.20.170 of
this chapter;
I. Monitoring Waiver: 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); The monitoring waiver is valid for the duration of the effective period of the
permit, but in no case on er then tive 5 ears;
J. Other Information: 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
13.20.210: NOTIFICATION OF CHANGED DISCHARGE:
All users shall profflpt+y notify the POTW nine 90 da s in advance of any substantial change
in the volume or character of pollutants in their ischarge, This includes including significant
manufacturing process modifications ehanges, pretreatment modifications, facility expansion,
production increase and the listed characteristic hazardous wastes for which the user has
Submitted initial notification under 40 CFR 403.12(p).
13.20.250: 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 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).
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. If flow measurement is required, the appropriate flow
measurement devices and methods consistent with approved scienti is practices must be
ensure the
co
capatmity oT tnat type oT aevice. All devices 5electea must be capanle of measuring flows With a
maximum deviation of fess than 10% percent from true discharge rates throughout the range o
eXDected discharae volumes. All dev ces used to measure wastewate 1— and
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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 chapter.
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
chapter. Any person found in violation of this requirement shall be subject to the sanctions set
out in this chapter.
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,
during the previous twelve 12) months, were in significant noncompliance with applicable
pretreatment standards and requirements. Accordingly, the industrial user shall be apprised that
noncompliance with this cha ter and its wastewater discharge permit ma lead to an
en orcement action and may result in a kation o its name in appropriate news a er in
accordance with the section. For the purposes of this provision, a user is in significant
noncompliance it its vio atlon meets one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined herein as those in which sixty six
percent (66%) or more of measurements taken for the same pollutant parameter 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 herein 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 noncompliance; or
H. Any other violation or groups of violations, which may include a violation of best management
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practices, which the POTW determines will adversely affect the operation or implementation of
the local pretreatment program.
13.20.325: CRIMINAL PROSECUTION:
A. A user which has wilfullywillful or negligently violated or continues to violate any provision of
this chapter, 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 one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not
more than six (6) months, or both.
B, A user who wilftilly 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 not more than at -least one thousand dollars ($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 chapter, wastewater discharge permit, or order issued hereunder, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required under this chapter shall, upon conviction, be punished by a fine of not more than one
thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than six (6)
months, or both.
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. All other sections of Chapter 13.20 not
herein amended shall remain in effect.
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 19
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
Sfi
CHUBBUCK, IDAHO, this Z1 day of April, 2021.
4 14 f, )j
Kevin B. England, Mayo
ATTEST:
o ers, City Clerk
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