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This chapter shall be construed and interpreted to conform to 40 CFR Chapter I and it is the intent of this chapter that it comply with said Federal regulations. For use in this chapter, the following Chapters 101 and 102, and other chapters of this Code of Ordinances pertaining to Sanitary Sewer System, the following terms are defined:
1. “Act” or “Clean Water Act” means the 1972 Federal Water Pollution Control Act, the 1977 Clean Water Act, and the 1987 Water Quality Act, as amended.
2. “Approval authority” means the Iowa Department of Natural Resources.
3. “Authorized representative” means:
A. An executive officer of a corporation;
B. A general partner of a partnership;
C. The proprietor of a proprietorship;
D. The conservator, trustee, attorney in fact, receiver or other person or agent authorized in law and in fact to act on behalf of users which are not corporations, partnerships, or proprietorships or on behalf of other entities which must legally act through an agent;
E. Any other authorized representative of A, B, C, or D above if the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company and the written authorization is submitted to the Director.
F. Any other person authorized by law to act on behalf of any entity.
4. “Baseline monitoring report” means the report required by 40 CFR Part 403.12 (b) (1-7).
5. “Biochemical Oxygen Demand (BOD)” means the analysis of BOD as described in EPA Methods.
6. “Bypass” means the intentional diversion of waste streams from any portion of an industrial user’s pretreatment facility.
7. “Carbonaceous Biochemical Oxygen Demand (CBOD) means the analysis of BOD as described in Environmental Protection Agency methods while inhibiting the nitrogenous oxygen demand.
8. “Categorical user” means a user subject to National Categorical Pretreatment Standards (NCPS).
9. “Chemical Oxygen Demand (COD)” means the measurement of the susceptibility of a sample to oxidation by a strong chemical oxidant expressed in mg/l and using Environmental Protection Agency Methods.
10. “Combined Waste Stream Formula” means the formula as found in 40 CFR Part 403.6 (e).
11. “Composite sample” means a representative sample using a minimum of three grab sample aliquots obtained over a period of time and mixed using either a flow proportional or time proportional method.
12. “Conventional pollutant” means BOD, COD, O&G, suspended solids, pH, ammonia nitrogen, total kjeldahl nitrogen, and fecal coliform bacteria.
13. “Discharge” or “indirect discharge” means the introduction of treated or untreated wastewater into the POTW.
14. “Dissolved solids” means the concentration of residue left in an evaporating dish after evaporation and drying at defined temperatures using EPA methods or standard methods.
15. “Domestic user” means a person discharging only domestic wastewater to the POTW, which wastewater discharges from any building or parts of a building designed for or occupied by one or more persons as a single housekeeping unit, including such units within multi-family dwellings and apartment buildings.
16. “Domestic wastewater” means all household-type waste discharged from places of human habitation including toilet, bath, kitchen, and laundry wastewater. Domestic wastewater is further defined as waste which does not exceed daily maximum limits of 300 mg/l COD, 200 mg/l BOD, 250 mg/l suspended solids, 100 mg/l oil and grease, 30 mg/l TKN, and 15 mg/l NH
3
-N at a discharge rate of 100 gallons per capita per day. This loading is equal to 0.25 pound of COD, 0.17 pound of BOD, 0.20 pound of suspended solids, 0.083 pound of oil and grease, 0.025 pound of TKN and 0.013 pound of NH
3
-N per capita per day.
17. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency.
18. “EPA methods” means standard procedures for wastewater analysis approved by the U.S. Environmental Protection Agency and prescribed in 40CFR Part 136 and shall include alternate methods approved by the approval authority.
19. “Escherichia coli” or “E. coli” means bacteria that are a member of the fecal coliform group and whose presence indicates fecal contamination in water.
20. “Fat, oil and grease” or “oil and grease” or “FOG” means those substances which are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases.”
21. “Fecal coliform” means bacteria common to the intestinal tracts of humans and animals whose presence in water is an indication of pollution.
22. “Garbage” means solid waste from the domestic and commercial preparation, cooking and dispensing of food, and from the commercial handling, storage, and sale of produce.
23. “Grab sample” means a single aliquot sample collected either directly or by means of a mechanical device.
24. “Headworks” means the main wet well at the POTW Treatment Plant prior to any treatment process.
25. “Industrial user” means a person other than a domestic user whose property, building, or premises is a source of wastewater discharge into the POTW.
26. “Industrial waste” means the liquid waste from industrial users as distinct from domestic sewage.
27. “Interference” means a discharge, alone or in conjunction with a discharge or discharges from other sources, which both:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
B. Causes a violation of any requirement of the NPDES permit (including an increase in the magnitude or duration of a violation) or prevents sewage sludge use or disposal in compliance with any Federal, State or local regulations or permits.
28. “Limit” means the maximum allowable discharge of a given pollutant as in the following definitions:
A. “Daily maximum limit” or “daily instantaneous maximum limit” means the maximum allowable discharge of pollutant as measured at any time during a calendar day, expressed as either a concentration limit or a daily mass limit. It is a violation if the concentration limit on any single sample taken exceeds that discharge limit in the discharge permit for the user, or the discharge limits set forth in Section 100.09 of this chapter.
B. “Monthly average limit” means the maximum allowable value for the average of all measurements of a pollutant obtained during one calendar month.
29. “National Categorical Pretreatment Standards (NCPS)” or “Categorical Standards” means any limitations on pollutant discharges to POTW promulgated by EPA that apply to specified process wastewater of particular industrial categories.
30. “National Pollution Discharge Elimination System (NPDES) Permit” means a permit issued pursuant to the Act.
31. “New source” means a source as defined by 40 CFR 403.3(k).
32. “Nonconventional pollutants” means all pollutants which are not included in the definition of conventional pollutants.
32A. "Non-Significant Categorical Industrial User (NSCIU)" is a Categorical user which never discharges more than 100 gallons per day of total categorical wastewater, as defined in 40 CFR 403.3(v)(2). (Ord. 2118 - Sep. 22 Supp.)
33. “NH
3
-N” means the ammonia nitrogen concentration in mg/l as determined using EPA methods.
34. "O & M" means Operation and Maintenance.
35. “Pass through” means a discharge which exits the POTW into water of the State in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirement of the NPDES permit (including an increase in the magnitude or duration of a violation) or other permit issued by IDNR or EPA.
36. “Person” means any individual, partnership, co-partnership, firm, company, association, joint stock company, society, corporation trust, estate, municipality, governmental entity, group or any other legal entity, or any legal representatives, agents or assigns.
37. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
38. “Pollution” means the alteration of chemical, physical, biological, or radiological integrity of water as a result of human activity or enterprise.
39. “POTW Treatment Plant” means that portion of the publicly owned treatment works which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
40. “Pretreatment” means the reduction, elimination, or alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW.
41. “Pretreatment facility” means the equipment used to accomplish pretreatment.
42. “Pretreatment requirements” means any substantive or procedural requirement related to pretreatment standards, imposed on an industrial user.
43. “Pretreatment standards” means, for any specified pollutant, the prohibitive discharge standards as set forth in Section 100.08 of this chapter, the specific limitations on discharge as set forth in Section 100.09, the State of Iowa pretreatment standards or the NCPS, whichever standard is most stringent.
44. “Properly shredded garbage” means the waste from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles are carried freely under the flow conditions normally prevailing in the POTW, with no particle greater than one-half inch in any dimension.
45. “Publicly Owned Treatment Works (POTW)” means and includes POTW treatment works as defined by Section 212 of the Act, and which is owned by the WRA or any participating communities that make up the WRA. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste of a liquid nature, or that convey wastewater to a POTW treatment plant.
46. “Sampling chamber” or “sampling maintenance hole” means a device or structure suitable and appropriate to permit sampling and flow measurement of a wastewater stream to determine compliance with this chapter.
47. “Severe property damage” means substantial physical damage to property, damage to a pretreatment facility causing it to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
48. “Sewage” means and includes wastewater, as herein defined.
49. “Sewage system” means sewers, intercepting sewers, pipes or conduits, pumping stations, force mains, and all other constructions, devices and appliances appurtenant thereto used for collecting or conducting sewage to a point of treatment or ultimate disposal.
50. “Significant user” means:
A. All categorical users;
B. All industrial users that:
(1) Discharge 25,000 gallons per day or more of process wastewater (excludes sanitary, non-contact cooling, and boiler blowdown wastewater);
(2) Contribute a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW; or
(3) Contribute a discharge that has a reasonable potential, in the opinion of the Director, to adversely affect the POTW treatment plant by causing interference or pass through.
51. “Sludge” means the solids separated from the liquids during the wastewater treatment process.
52. “Slug” or “slug load” means any discharge of water or wastewater which in concentration of any pollutant, measured using a grab or composite sample, is more than five (5.0) times the allowable concentration as set forth in Sections 100.08 and 100.09 of this chapter or in a user’s most recent wastewater discharge permit or exceeds a slug concentration level specified in a wastewater discharge permit. A discharge with pH outside of the allowable range by more than one standard unit (S.U.) shall also be considered a slug.
53. “Standard Industrial Classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, most recent edition.
54. “Standard methods” means the laboratory procedures set forth in the latest edition of Standard Methods for the Examination of Wastewater, prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.
55. “Storm sewer” means a sewer which carries storm water, surface water, and drainage but excludes sewage and industrial waste other than unpolluted cooling water.
56. “T” when used as a portion of a chemical name, designates “total” such as in “cyanide-T” where “T” means “total” cyanide.
57. “TKN” means the total kjeldahl nitrogen concentration expressed in mg/l as determined using EPA methods or standard methods.
58. “Total metals” means the sum of the suspended and dissolved concentrations of a metal specified in a wastewater discharge permit or as specified in Section 100.09 herein.
59. “Total Suspended Solids (TSS)” shall mean the portion of total solids retained by a filter using EPA methods or standard methods.
60. “Total toxic organics” means the summation of all quantified values greater than 0.01 milligrams per liter for the toxic organics as specified in the applicable regulation.
61. “Toxic pollutant” means any pollutant or combination of pollutants listed in 40 CFR Part 403 Appendix B.
62. “Unpolluted water” means water containing none of the following: free or emulsified oil and grease; substances that may impart taste, odor or color characteristics; volatile, explosive, toxic, or poisonous substances in suspension or solution; explosive, odorous or otherwise obnoxious gases. Such water does not contain more than 25 mg/l of suspended solids, and not more than 25 mg/l of BOD.
63. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed pretreatment facilities, inadequate pretreatment facilities, lack of preventive maintenance, or careless or improper operation.
64. “User” means a person discharging anything other than domestic wastewater into the POTW, and includes categorical users as herein defined.
65. "Waste hauler" means a private contractor licensed by the WRA to deliver wastewater to the WRF or other locations approved by the WRA Director, and includes all persons required to have a license under Section 102.02 of this Code of Ordinances. (Ord. 2118 - Sep. 22 Supp.)
66. “Wastewater,” also termed “sewage,” as defined in Federal law and regulations, means a combination of the liquid and water-carried waste from residences, commercial buildings, institutions and industrial establishments, together with such groundwater, surface water, and storm water as may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
67. “Wastewater discharge permit” means the document issued to a user in accordance with the terms of this chapter, which permits such user to discharge wastewater to the POTW.
67A. "Waste generator" means any person which hauls or has hauled on its behalf wastewater it generates to the WRF.
(Ord. 2118 - Sep. 22 Supp.)
68. “Waters of the State” means all streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the State of Iowa or any portion thereof.
69. “WRA” or “Wastewater Reclamation Authority” means the Des Moines Metropolitan Wastewater Reclamation Authority, an entity organized and existing under Chapters 28E and 28F of the Iowa Code, and established pursuant to the WRA Agreement. The term “WRA” means and includes the representatives of the participating communities on the WRA Board, and the officers and employees of the WRA.
70. “WRA Agreement” means the Amended and Restated Agreement for the Des Moines Metropolitan Wastewater Reclamation Authority, effective as of July 1, 2004 and any future amendments approved and executed by the WRA and its participating communities.
71. “WRA Director” or “Director” means the person designated by the WRA board, to be responsible for the administration and management of the WRA system and of the provision of all services outlined in the operating contract. Unless otherwise indicated in the text, the "Director" means and includes the person acting as the Director's authorized designee in the Director's absence in carrying out the Director's duties under this chapter.
72. “WRA operating contractor” or “operating contractor” means the city of Des Moines, pursuant to the initial operating contract executed by the city of Des Moines and the WRA board on and as of July 1, 2004, or such successor operating contractor as the WRA shall contract with to provide operation and management services to the WRA.
73. "WRA participating community" or "WRA participating communities" means, individually or collectively, depending on context, the cities of Altoona, Ankeny, Bondurant, Clive, Cumming, Des Moines, Grimes, Johnston, Norwalk, Polk City, Pleasant Hill, Waukee and West Des Moines, and Polk County, Warren County, the Urbandale Sanitary Sewer District, the Urbandale-Windsor Heights Sanitary District and the Greenfield Plaza/Hills of Coventry Sanitary District, together with any other cities, counties or sanitary districts that become participating communities under the provisions of the WRA Agreement.
(Ord. 2118 - Sep. 22 Supp.).
74. “WRA wastewater collection and conveyance system” or “WCCS” means the WRA sanitary sewer interceptors and extensions to same, detention basins, equalization basins, storage facilities, pumping stations, force mains and all related property and improvements.
75. “WRA wastewater reclamation facility” or “WRF” means the wastewater treatment plant located generally at 3000 Vandalia Road, Des Moines, Iowa, as the same may be expanded or improved in the future, and any other wastewater treatment plants hereafter acquired or constructed and operated by the WRA.
76. “WRA system” means and includes the WRF, the WCCS, satellite wastewater and CSO treatment facilities hereafter constructed, all real and personal property of every nature hereafter owned by the WRA and comprising part of or used as a part of the WRA system, and all appurtenances, contracts, leases, franchises and other intangibles of the WRA.
(Ord. 1959 - Feb. 19 Supp.)
The following abbreviations have the designated meanings:
BETX | Benzene, Ethylbenzene, Toluene, and Xylene |
BOD | Biochemical Oxygen Demand |
BMR | Baseline Monitoring Report |
C | Celsius |
CFR | Code of Federal Regulations |
COD | Chemical Oxygen Demand |
EPA | Environmental Protection Agency |
F | Fahrenheit |
FOG | Fat, oil and grease |
GPD | Gallons per day |
IDNR | Iowa Department of Natural Resources |
lb/day | Pounds per day |
MGD | Million gallons per day |
mg/1 | Milligrams per liter |
NCPS | National Categorical Pretreatment Standards or Categorical Standards |
NH
3
-N | Ammonia Nitrogen |
NPDES | National Pollutant Discharge Elimination System |
O & G | Oil and Grease |
POTW | Publicly Owned Treatment Works |
RCRA | Resource Conservation & Recovery Act |
SCP | Spill Control Plan |
SIC | Standard Industrial Classification |
SNC | Significant Noncompliance |
TCLP | Toxicity Characteristic Leaching Procedure |
TFE | Trichlorotrifluoroethane |
TKN | Total Kjeldahl Nitrogen |
TOH | Total Organic Hydrocarbons |
TRC | Technical Review Criteria |
TSS | Total Suspended Solids |
TTO | Total Toxic Organics |
USC | United States Code |
U.S. EPA | United States Environmental Protection Agency |
VPH | Volatile petroleum hydrocarbons |
(Ord. 1959 - Feb. 19 Supp.)
The provisions of this chapter are enacted to aid in the enforcement of the pretreatment regulations set forth herein. The City of Ankeny, by enacting this chapter, designates the WRA and its operating contractor as the enforcement agency under this chapter for those customers located such that their wastewater is conveyed to the WRF. Employees, agents and officers of the WRA and of its operating contractor, while acting to enforce the provisions of this chapter for the WRA, are empowered to make such inspections, issue such orders or permits and take such actions within the corporate boundaries of the City of Ankeny as are authorized by this chapter. The WRA and its operating contractor are also authorized to impose and collect all fees or penalties authorized by this chapter and are also authorized to directly bill and collect from contributors any penalties, fees, charges and surcharges. The failure to pay any fee, charge, penalty or surcharge is a municipal infraction and shall also be grounds to discontinue sewer service. The enforcement of this chapter in the City of Ankeny is not dependent upon passage of this or a similar ordinance by other cities or WRA participating communities. The City of Ankeny shall retain control over the use of its local sewers for purposes of capacity allocation and surcharge prevention.
This chapter seeks to implement provisions of the Act, the General Pretreatment Regulations found at 40 CFR, Part 403, and the Iowa Administrative Code, Chapter 567, Sections 62.4 and 62.8. This chapter is to be construed and applied in accordance with the Clean Water Act Amendments, the General Pretreatment Regulations, the Iowa Administrative Code and the purpose and policy provisions set forth in Section 100.05 herein.
This chapter regulates the use of sanitary sewers, private wastewater disposal, the installation and connection of building sewers, and the discharge of water and wastewater into the POTW. This chapter sets forth uniform requirements for all users who discharge into the POTW, and the deposit of wastewater and waste hauled to the WRF or to locations approved by the WRA Director for disposal and treatment. The objectives of this chapter are:
1. To prevent the introduction of pollutants into the POTW that may interfere with the operation of the system or interfere with sludge management and disposal;
2. To prevent the introduction of pollutants into the POTW that may pass through the system inadequately treated and ultimately into receiving water, the atmosphere, or otherwise be incompatible with the system;
3. To protect workers' safety and health and to protect against damage to the POTW;
4. To provide for equitable distribution of treatment and industrial pretreatment costs resulting from pollutants introduced into the POTW.
The following requirements apply to all users of the POTW:
1. All users shall promptly notify the WRA Director in advance of any substantial change in the volume or character of pollutants in their discharge.
2. New or increased contributions of pollutants or changes in the nature of pollutant discharged to the POTW shall require prior approval by the WRA Director.
3. Industrial users shall notify the WRA Director, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. The notification shall comply with the requirements set forth in 40 CFR 403.12(p).
4. Discharge of any pollutants without the notice and approval required by this chapter is prohibited. Upon the receipt of notice required by this chapter the WRA Director shall within 180 days or less approve the discharge if the Director finds the proposed discharge meets applicable pretreatment standards and requirements and would not cause the WRA to violate its NPDES permit. The Director shall deny permission for the discharge if he or she finds applicable pretreatment standards and requirements are not met or the discharge would cause the POTW to violate its NPDES permit. In lieu of denial of permission the WRA Director may allow such contribution or discharge upon conditions which would not violate applicable pretreatment standards or requirements and would not cause the WRF to violate its NPDES permit.
5. Food service establishments shall be regulated first under Chapter 101 of this Code of Ordinances but may be required to obtain a wastewater discharge permit and be subject to the requirements of this chapter if the WRA Director determines that additional pretreatment is required in order to comply with fat, oil and grease discharge limits.
Any part of this section notwithstanding, upon receipt of the notice required by this section, the Director may require, in addition to the requirements of this section, that an industrial user obtain a permit under this chapter. Users who are determined to be industrial users as herein defined and who refuse to apply for or obtain a wastewater discharge permit shall be subject to termination of sewer services as provided in Section 100.41 hereof.
The following general prohibitions apply to all users of the POTW unless the user is subject to a more restrictive NCPS, IDNR, or wastewater discharge permit limit. The following substances are prohibited from discharge to the POTW:
1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140ºF (60ºC) using test methods referenced in 40 CFR 261.21. Waste streams shall not be ignitable at ambient temperatures. At no time shall two successive readings on a meter capable of reading L.E.L. (lower explosive limit) at the nearest accessible point to the POTW, at the point of discharge into the POTW, or at any point in the POTW be more than five percent (5%), nor any single reading greater than ten percent (10%).
2. Substances which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0 or greater than 12.0.
3. Solid or viscous pollutants which will cause obstruction to the flow in the POTW resulting in interference. Such pollutants include, but are not limited to: grease, garbage with particles greater than one-half (½) inch in any dimension, animal tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, wipes, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing waste, or tumbling and de-burring stones, and wastewater containing wax, FOG, or other substances which may solidify or become viscous at temperatures between 32º and 150ºF (0º and 65ºC).
(Ord. 1959 - Feb. 19 Supp.)
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate or pollutant concentration which will cause interference or pass through at the WRF or which constitutes a slug load as defined in this chapter.
5. Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater or vapor having a temperature higher than 150ºF (65ºC) at the point of introduction into the POTW; and in no case wastewater or vapor which alone or in concert with other discharges produces a temperature at the WRF greater than 104ºF (40ºC).
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.
7. 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 or a public nuisance.
8. Any trucked or hauled pollutants, except at discharge points designated by the WRA.
9. Any radioactive material as defined in the Atomic Energy Act of 1954, as amended, and as defined in I.C. §136C.1, except materials which meet conditions of disposal by release into sanitary sewage pursuant to 10 CFR 20.2003.
(Ord. 2118 - Sep. 22 Supp.)
10. Any wastewater containing concentrations of inert suspended solids (such as, but not limited to, fuller’s earth, lime slurries, and lime residues), or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate), which exceed 3000 mg/l non-volatile or 3000 mg/l total dissolved solids unless approved by the Administrator or Director.
11. Pollutants causing excessive discoloration (such as, but not limited to, dye waste and vegetable tanning solutions).
12. Hazardous Waste Pharmaceuticals for human or animal use as defined in 40 CFR 266.500.
(Ord. 2118 - Sep. 22 Supp.)
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