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Ankeny, IA, Iowa Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF ANKENY, IOWA
TABLE OF CONTENTS
SUPPLEMENT RECORD
GENERAL CODE PROVISIONS
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 VOTING PRECINCTS
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 7A PROPERTY TAX EXEMPTION FOR SPECULATIVE SHELL BUILDINGS
CHAPTER 8 URBAN RENEWAL
CHAPTER 9 URBAN REVITALIZATION
CHAPTER 10 HOTEL/MOTEL TAX
CHAPTER 11 SPECIAL EVENTS
CHAPTER 12 THE USE AND TRANSFER OF SPECIAL ASSESSMENT COLLECTIONS
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 CITY MANAGER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 LIBRARY BOARD OF TRUSTEES
CHAPTER 22 PLAN AND ZONING COMMISSION
CHAPTER 23 PARK BOARD
CHAPTER 24 CIVIL SERVICE COMMISSION
CHAPTER 25 ANKENY CULTURAL ARTS BOARD
CHAPTER 26 ANKENY SPORTS COMPLEX FOUNDATION, INC.
CHAPTER 27 MAYOR’S YOUTH COUNCIL
CHAPTER 28 BOARD OF EXAMINERS AND APPEALS
CHAPTER 29 AIRPORT ZONING COMMISSION
CHAPTER 30 ECONOMIC DEVELOPMENT COUNCIL
CHAPTER 31 HUMAN RIGHTS COMMISSION
CHAPTER 35 POLICE DEPARTMENT
CHAPTER 36 FIRE DEPARTMENT
CHAPTER 37 HAZARDOUS MATERIALS
CHAPTER 38 FALSE FIRE ALARMS
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 43 DRUG PARAPHERNALIA
CHAPTER 44 NOISE CONTROL
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 48 RESIDENCY RESTRICTIONS FOR SEX OFFENDERS
CHAPTER 49 CAMPING
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DOG AND CAT LICENSES REQUIRED
CHAPTER 57 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 58 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 ONE-WAY TRAFFIC
CHAPTER 69 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE AND PERSONAL TRANSPORATION DEVICES REGULATIONS
CHAPTER 77 BICYCLE REGISTRATION
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 81 RAILROAD REGULATIONS
CHAPTER 82 MULTI-USE RECREATIONAL TRAILS
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 BACKFLOW PREVENTION
CHAPTER 94 CONNECTION REQUIREMENTS FOR MAJOR SANITARY SEWER AND WATER MAIN FACILITIES
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 ON-SITE WASTEWATER SYSTEMS
CHAPTER 98 SEWER USE CHARGE
CHAPTER 99 SEWER CONNECTION DISTRICTS
CHAPTER 100 REGULATION OF INDUSTRIAL WASTEWATER
100.01 INTERPRETATION AND DEFINITIONS.
100.02 ABBREVIATIONS.
100.03 GENERAL ADOPTION.
100.04 INTENT AND CONSTRUCTION.
100.05 PURPOSE AND POLICY.
100.06 JURISDICTION.
100.07 USER REQUIREMENTS.
100.08 DISCHARGE PROHIBITIONS.
100.09 LOCAL LIMITS FOR SPECIFIC POLLUTANTS.
100.10 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
100.11 STATE REQUIREMENTS.
100.12 PRETREATMENT.
100.13 DILUTION PROHIBITED.
100.14 SPILL CONTAINMENT.
100.15 TREATMENT UPSETS.
100.16 TREATMENT BYPASS.
100.17 FEES.
100.18 CLASSES OF DISCHARGE PERMIT.
100.19 PERMIT REQUIREMENTS.
100.20 PERMIT APPLICATIONS; BASELINE MONITORING REPORTS; COMPLIANCE SCHEDULES.
100.21 CATEGORICAL USERS; REPORT ON COMPLIANCE.
100.22 PERMIT CONTENTS.
100.23 PERMIT DURATION AND RENEWAL.
100.24 CONTINUATION OF EXPIRED PERMITS.
100.25 PERMIT MODIFICATIONS.
100.26 PERMIT TRANSFER.
100.27 DENIAL OF PERMIT.
100.28 PERMIT VIOLATIONS.
100.29 PERIODIC COMPLIANCE REPORTS.
100.30 CERTIFICATION AND SIGNATORY REQUIREMENTS.
100.31 MONITORING FACILITIES.
100.32 INSPECTION, SAMPLING, AND RECORD KEEPING AUTHORITY.
100.33 CONFIDENTIAL INFORMATION.
100.34 APPEAL OF DENIAL OF CONFIDENTIAL STATUS.
100.35 PUBLIC NOTIFICATION OF SIGNIFICANT NONCOMPLIANCE.
100.36 SIGNIFICANT NONCOMPLIANCE (SNC).
100.37 ADMINISTRATIVE ACTIONS.
100.38 ACTIONS AUTHORIZED.
100.39 CIVIL PENALTIES.
100.40 PERFORMANCE AND PAYMENT BONDS.
100.41 REVOCATION OF PERMIT; TERMINATION OF SEWER SERVICE.
100.42 REINSTATEMENT OF SERVICE.
100.43 EMERGENCY DISCONNECTION OF SERVICE.
100.44 ELIMINATION OF DISCHARGE; REINSTATEMENT.
100.45 ADDITIONAL REMEDIES.
100.46 NOTICES TO THE WRA, WRA BOARD, WRA DIRECTOR AND WRA APPEAL COMMITTEE.
CHAPTER 101 REGULATION OF FAT, OIL AND GREASE DISCHARGE BY FOOD SERVICE ESTABLISHMENTS
CHAPTER 102 REGULATION OF HAULED WASTE
CHAPTER 103 FOOTING DRAIN DISCONNECTION PROGRAM
CHAPTER 105 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 106 STORMWATER UTILITY
CHAPTER 107 STORMWATER MANAGEMENT FEES
CHAPTER 110 SOLID WASTE CONTROL
CHAPTER 111 COLLECTION OF SOLID WASTE
CHAPTER 112 MUNICIPAL RECYCLING
CHAPTER 113 SOLID WASTE ENTERPRISE FUND - CURBSIDE RECYCLING AND LEAF, TREE, BRANCH AND MISCELLANEOUS ITEM COLLECTION SYSTEM
CHAPTER 115 NATURAL GAS FRANCHISE - MID-AMERICAN
CHAPTER 116 NATURAL GAS AND ELECTRIC FRANCHISE - CONSUMERS ENERGY
CHAPTER 117 ELECTRIC FRANCHISE
CHAPTER 118 TELEPHONE FRANCHISE
CHAPTER 119 CABLE TELEVISION FRANCHISE
CHAPTER 120 CABLE TELEVISION REGULATIONS
CHAPTER 121 NATURAL GAS FRANCHISE - BLACK HILLS ENERGY
CHAPTER 122 NON-FRANCHISE UTILITY ACCOMMODATION
CHAPTER 130 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 131 CIGARETTE AND TOBACCO PERMITS
CHAPTER 132 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 133 HOUSE MOVERS
CHAPTER 135 ALARM SYSTEMS
CHAPTER 136 LICENSING OF MECHANICAL CONTRACTORS
CHAPTER 137 LICENSING OF PLUMBERS
CHAPTER 138 LICENSING OF ELECTRICIANS
CHAPTER 139 MASSAGE THERAPISTS
CHAPTER 140 SEXUALLY ORIENTED BUSINESSES
CHAPTER 141 PAWNBROKERS
CHAPTER 142 MOBILE FOOD VENDORS
CHAPTER 143 ENTERTAINMENT DISTRICT
CHAPTER 150 STREET USE AND MAINTENANCE
CHAPTER 151 EXCAVATIONS
CHAPTER 152 SIDEWALK REGULATIONS
CHAPTER 153 VACATION AND DISPOSAL OF STREETS
CHAPTER 154 STREET GRADES
CHAPTER 155 NAMING OF STREETS
CHAPTER 156 DRIVEWAYS
CHAPTER 157 MAILBOXES
CHAPTER 158 CONTROLLED ACCESS FACILITIES
CHAPTER 165 BUILDING NUMBERING
CHAPTER 166 TREES
CHAPTER 167 NOXIOUS WEEDS
CHAPTER 168 DRAINAGE CHANNELS
CHAPTER 169 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 175 BUILDING CODE
CHAPTER 176 MECHANICAL CODE
CHAPTER 177 PROPERTY MAINTENANCE AND HOUSING CODE
CHAPTER 178 PLUMBING CODE
CHAPTER 179 ELECTRICAL CODE
CHAPTER 180 FIRE CODE
CHAPTER 181 FUEL GAS CODE
CHAPTER 182 EXISTING BUILDING CODE
CHAPTER 183 SWIMMING POOL AND SPA CODE
CHAPTER 184 RESIDENTIAL CODE
CHAPTER 190 ZONING ORDINANCE DEFINITIONS
CHAPTER 191 ZONING ORDINANCE GENERAL REGULATIONS
CHAPTER 192 ZONING ORDINANCE DISTRICT REGULATIONS
CHAPTER 193 ZONING ORDINANCE FLOOD PLAIN REGULATIONS
CHAPTER 194 ZONING ORDINANCE PARKING, LOADING AND SCREENING
CHAPTER 195 ZONING ORDINANCE SIGNS
CHAPTER 196 ZONING ORDINANCE NONCONFORMING USES, EXCEPTIONS AND AMENDMENTS
CHAPTER 197 ZONING ORDINANCE ADMINISTRATION
CHAPTER 200 SUBDIVISION REGULATIONS
CHAPTER 201 ANKENY REGIONAL AIRPORT ZONING
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100.09 LOCAL LIMITS FOR SPECIFIC POLLUTANTS.
1.   Generally. Local limits for specific pollutants discharged pursuant to this chapter shall be as follows:
   A.   Dilution. Dilution of the discharge from a pretreatment facility or from a regulated process is prohibited as a method for treatment of wastes in order to meet the limits set forth in this chapter.
   B.   Sample Location. Measurement of pollutant concentrations to determine compliance shall be made at the point immediately following the pretreatment facility and before mixture with other waters, unless another point is designated by the WRA Director. If necessary, the concentrations so measured shall be recomputed to exclude the effect of any dilution that is improper using the combined waste stream formula.
2.   Headworks Limits; Average Mass. The average composite loading of all users contributing the following specific pollutants to the POTW shall not exceed the allowable total pounds. The allocation of pollutants between industrial and non-industrial sources may be adjusted by the Director provided that the allowable total loading for any pollutant at the headworks of the WRF is not exceeded.
 
30-day Average Allowable Pounds/Day
Pollutant
Total
Industrial
BOD
195,600
135,153
TSS
300,400
208,463
NH 3
13,000
6,959
TKN
27,760
16,950
 
Maximum Allowable Headworks Loading Pounds/Day
Maximum Allowable Industrial Loading Pounds/Day
Pollutant
Total
Industrial
Maximum Allowable Headworks Loading Pounds/Day
Maximum Allowable Industrial Loading Pounds/Day
Pollutant
Total
Industrial
Arsenic – T
7.58
3.81
Cadmium – T
3.65
2.16
Chromium - T
136.35
120.90
Copper – T
148.56
125.51
Cyanide – T
17.08
8.28
Lead – T
28.17
20.94
Mercury - T
0.999
0.747
Nickel – T
87.27
75.75
Silver – T
23.30
19.77
Zinc - T
360.59
283.53
(Ord. 1959 - Feb. 19 Supp.)
3.   Discharge Concentration Limits and Review Criteria.
   A.   The discharge into the POTW of any materials, water, or waste having a pollutant concentration greater than the limits in subsections C, D and E below, or containing pollutants not listed herein, shall be subject to the review    and approval of the WRA Director. After review of the proposed discharges, the Director may:
      (1)   Reject the waste for reasons consistent with Section 100.05.
      (2)   Require pretreatment to an acceptable pollutant concentration for discharge to the POTW.
      (3)   Require control of the quantities and rates of discharge of the water or waste to prevent slug loads.
      (4)   Require payment to cover the added cost of handling and treatment of water and waste or any combination thereof.
      (5)   Reduce the maximum or average mass loading of present and prospective individual users on any reasonable prorated basis to meet headworks loading limits at the WRF..
      (6)   Require the user to obtain a wastewater discharge permit and be subject to any of the rules and regulations contained therein.
      (7)   Require the user to meet local limits where local limits are more restrictive than NCPS, provided that headworks loading limits are met.
      (8)   Initiate enforcement action in response to any noncompliance with this chapter using the enforcement procedures outlined in this chapter.
      (9)   Take any combination of steps (1) through (7) as appropriate.
   B.   Users discharging wastewater to the POTW having pollutant concentrations or flows greater than the following shall be considered industrial users for purposes of sewer charges and may be regulated or permitted by the Director as appropriate:
Pollutant
Daily Maximum (mg/l)
Pollutant
Daily Maximum (mg/l)
BOD
200
TSS
250
COD
300
FOG – T
100
TKN
30
NH 3 - N
15
An average daily flow greater than 5000 gallons or having an unusual concentration of flow. (Ord. 1959 - Feb. 19 Supp.)
   C.   Pollutant Limits. Average and maximum concentration limits for users without an NCPS for these pollutants shall be:
30-day Average Allowable Pounds/Day
Pollutant
Daily
Maximum
(mg/l)
Monthly
Average
(mg/l)
30-day Average Allowable Pounds/Day
Pollutant
Daily
Maximum
(mg/l)
Monthly
Average
(mg/l)
Arsenic – T
0.38
0.25
Cadmium – T
0.08
0.05
Chromium - T
6.43
4.29
Copper – T
10.21
6.80
Cyanide – T
0.53
0.36
Lead – T
1.43
0.95
Mercury – T
0.042
0.028
Nickel – T
7.22
4.81
O&G – T
400.0
--
O&G – Mineral
100.0
--
Silver – T
1.30
0.87
TVPH
10.0
--
Zinc - T
19.64
13.09
(Ord. 1959 - Feb. 19 Supp.)
   D.   Daily maximum pollutant limits for hauled waste. Wastes delivered to the WRF by truck or rail shall not exceed the following concentrations in any load or overall daily loading limits unless otherwise approved by the WRA Director:
Pollutant
Concentration (mg/l)
Loading (pounds/day)
Pollutant
Concentration (mg/l)
Loading (pounds/day)
COD
100,000
--
O&G-T
50,000
--
VPH
10.0
--
Arsenic – T
--
0.014
Cadmium – T
--
0.93
Chromium – T
--
24.74
Copper – T
--
23.71
Cyanide - T
--
0.29
Lead – T
--
6.70
Mercury – T
--
0.12
Nickel - T
--
3.71
Silver-T
--
0.26
Zinc – T
--
87.62
pH range shall be not lower than 5.0 or greater than 12.0
(Ord. 1959 - Feb. 19 Supp.)
   E.   Gasoline Cleanup Projects – Daily Maximum Limit. Discharge of wastewater from sites where gasoline is being removed from soil or groundwater shall meet the following limits prior to discharge to the POTW:
 
Pollutant
(mg/l)
Benzene
0.050
BETX
0.750
 
4.   No provision of this section shall be construed to provide lesser discharge standards than are presently or may hereafter be imposed and required by U.S. EPA or IDNR, or to allow the average allowable total loading for any pollutant at the headworks of the WRF to be exceeded.
100.10 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.  
Users subject to National Categorical Pretreatment Standards (NCPS) as contained in 40 CFR Chapter I, Subchapter N, Part 405-471, shall comply with the standards and applicable reporting requirements under 40 CFR 403.12. New sources of categorical discharge shall meet NCPS in the shortest feasible time but in no case longer than 90 days from the commencement of discharge. Failure to comply shall be a violation of this chapter and subject the user to enforcement action. The WRA or City shall notify all known affected categorical users of the applicable reporting requirements under 40 CFR 403.12. Failure to notify the user shall not relieve the user of the duty, if any, to comply with NCPS.
100.11 STATE REQUIREMENTS.
State requirements and limitations on discharges shall apply in any case where they are more stringent than U.S. EPA or POTW requirements and limitations unless allowed by the IDNR.
100.12 PRETREATMENT.
1.   A user discharging, or with potential to discharge, any waste into the POTW as set forth in Sections 100.08, 100.09, or 100.10 shall be required by the WRA Director to construct, install and operate, at the user's sole expense, such pretreatment facilities as may be required in order to:
   A.   Reduce the objectionable characteristics or constituents to within the maximum limits provided for in Sections 100.08, 100.09, 100.10 and 100.11;
   B.   Control the quantities and rates of discharge of such wastewater;
   C.   Reduce the pollutants to such concentration and flows as may be contained in the user’s wastewater discharge permit;
   D.   Prevent the discharge of liquid waste containing FOG, sand in excessive amounts, any flammable waste, or other harmful pollutants. All traps or similar devices shall be of a type and capacity needed to perform effectively and shall be readily and easily accessible for cleaning and inspection. All traps or devices shall be provided and maintained in efficient operating condition at all times. Materials removed from traps shall be considered unacceptable for disposal at the WRF unless specifically approved by the WRA Director.
2.   All plans, specifications, technical operating data and other information pertinent to the proposed operation and maintenance of pretreatment facilities shall be reviewed and approved by the WRA Director prior to construction. Design and installation of such facilities shall be subject to the requirements of all applicable codes, ordinances and laws, including local zoning regulations. The review and approval of such plans and operating procedures shall, in no way, relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the WRA Director under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operations shall be reported to and be acceptable to the WRA Director prior to the user's initiations of the changes.
3.   Users shall continuously maintain all pretreatment facilities required by this chapter in satisfactory and effective operating condition at the sole expense of such user.
4.   No provision contained in this chapter shall be construed to prevent or prohibit a separate or special agreement between the WRA and any user whereby wastewater containing waste of unusual strength, character or composition may be accepted for treatment, subject to additional payment by such user; provided, however, that such agreement shall have the prior approval of the WRA Board, shall not conflict with IDNR and U.S. EPA requirements, and shall be consistent with Sections 100.09(2), 100.10, 100.11 and 100.12(6) of this chapter.
5.   The WRA Director may reject any waste which, in the opinion of the Director, may cause interference or pass through.
6.   Users shall obtain the specific approval of the WRA Director prior to discharging any waste resulting from a pretreatment facility to the POTW. The Director may develop a documentation system to track the transportation and final disposition of any pretreatment waste. Pretreatment waste regulated by this section shall include waste generated as a result of pretreatment processes used to comply with NPDES permits, air pollution permits, wastewater discharge permits, soil/groundwater reclamation processes, and pollutants resulting from a spill of any liquid or solid material or the cleanup of any such spill. Pretreatment waste is prohibited from disposal to the water of the State except as specifically permitted by IDNR.
100.13 DILUTION PROHIBITED.
Users shall not increase the use of process water or attempt, in any way, to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the NCPS, or with any other pollutant-specific limitation developed by the WRA or its operating contractor.
100.14 SPILL CONTAINMENT.
1.   Users having the ability to cause interference or pass through or to discharge a slug shall provide protection from accidental discharge to the POTW of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be constructed, installed, operated and maintained at the user’s sole cost and expense.
2.   Users meeting the criteria in subsection 1 thereof shall develop a Spill Containment Plan (SCP). The plan shall require the approval of the WRA Director and shall contain the following:
   A.   A description of discharge practices, including non-routine batch discharges.
   B.   A description of stored chemicals.
   C.   Procedures for immediately notifying the WRA of slug discharges, including any that would violate the discharge prohibitions in Section 100.08 of this chapter. Notification procedures shall comply with subsections 3 and 4 of this section.
   D.   A description of procedures and structures necessary to prevent adverse POTW impact from accidental spills including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
   E.   A schedule for the completion or implementation of necessary procedures and structures. Complete implementation and installation of any procedures or structures shall be according to the shortest possible schedule but in no case longer than one year. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify and operate its facility as necessary to meet the requirements of this chapter.
3.   Users shall immediately telephone and notify the WRA in the case of an accidental or deliberate discharge of pollutants which violates Section 100.08 of this chapter or is a slug load. Any discharge into the POTW of a substance which is a listed or characteristic waste under Section 3001 of RCRA must be immediately reported to the U.S. EPA Regional Director, IDNR, and the WRA. Notifications required in this section shall include the name of caller, location and time of discharge, pollutant concentration, volume and the corrective actions taken.
4.   Users shall submit a written report to the WRA Director within five (5) days following such an accidental or deliberate discharge describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Users shall submit follow up reports as may be required by the Director. Such report, or reports, shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such report relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or otherwise. Failure to report accidental or deliberate discharges may, in addition to any other remedies available to the City, result in the revocation of the discharger's wastewater discharge permit.
5.   Users shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss, or failure of its pretreatment facility until the facility is restored or an alternative method of pretreatment is provided. This requirement applies in the situation where, among other things, the primary source of power to the user’s pretreatment facility is reduced, lost or fails.
6.   Users required to have a SCP must permanently post a notice in English and the language of common use on the user’s bulletin board or other prominent place advising employees whom to call should a prohibited discharge occur. Users shall insure that all employees who are in a position to cause, discover, or observe such an accidental discharge are advised of the emergency notification procedures.
100.15 TREATMENT UPSETS.
Users shall inform the WRA Director within one hour of becoming aware of an upset in operations that places it in a temporary state of noncompliance with the pollutant limits in this chapter. Users shall provide a follow-up written report to the Director within five (5) days. The report must demonstrate that the pretreatment facility was being operated in a prudent and appropriate manner and shall contain:
1.   A description of the upset, its cause(s), and impact on the user's compliance status.
2.   The duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored.
3.   All steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.
100.16 TREATMENT BYPASS.
1.   Bypass is prohibited unless it is unavoidable to prevent loss of life, personal injury, or severe property damage or no feasible alternatives exist such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment down time.
2.   The user may allow a bypass to occur which does not cause a violation of pretreatment standards, but only if it is for essential maintenance to assure efficient operation.
3.   Notification of Bypass:
   A.   Anticipated Bypass. If the user knows in advance of the need for a bypass, it shall submit prior written notice, at least ten (10) days before the date of the bypass, to the WRA Director.
   B.   Unanticipated Bypass. The user shall immediately notify the Director and submit a written report to the WRA within five (5) days. This report shall specify:
      (1)   A description of the bypass, its cause and the duration;
      (2)   Whether the bypass has been corrected;
      (3)   The steps being taken or to be taken to reduce, eliminate and prevent a reoccurrence of the bypass.
Proper notification shall not relieve the user of liability for treatment costs and fees or other remedies as provided for in Section 100.12.
100.17    FEES.  
To provide for the recovery of costs from users of the POTW and for the implementation of the pretreatment program established by this chapter, the following fees shall be applicable to discharges by all users:
1.   All users shall be subject to the following fees and charges:
   A.   The one-time wastewater discharge permit application fee shall be $200.00 for a Class A permit, and $100.00 for a Class B permit.
   B.   The annual fee for a Class A wastewater discharge permit, including annual inspection of permitted users, shall be $1,500.00.
   C.   The annual fee for a Class B wastewater discharge permit, including annual inspection of permitted users if completed or applicable, shall be $750.00.
   D.   The fee paid by each industrial user when an accidental discharge or slug load occurs shall be the total costs incurred by the WRA as a result of said discharge or load. Said fee may be charged by the WRA separately from and in addition to a civil penalty of up to $1,000.00 charged to the user under Section 101.39 of this Article related to said discharge or load.
   E.   The trip charge for sampling or inspecting a user's discharge is $50.00 per event. An equipment fee of $50.00 per event shall also apply when using a WRA-owned automatic sampler. When a sampling or inspection event must be rescheduled due to failure of the user's sampling equipment, a sampler seal (used to detect sample tampering) being broken, monitoring facilities not being readily accessible or operational, or any other reason beyond the control of the WRA, a trip charge of $50.00 shall be assessed.
   F.   Laboratory analysis fees for those analyses performed by the WRA shall be:
LABORATORY ANALYSIS FEES
Test
Cost/Sample
LABORATORY ANALYSIS FEES
Test
Cost/Sample
BOD
$20.00
COD
$20.00
TOC
$20.00
TSS
$10.00
pH
$5.00
FOG, Total
$35.00
FOG, Mineral/Non-mineral
$35.00
Nitrogen, Ammonia
$15.00
Nitrogen, Nitrate
$15.00
TKN
$30.00
Phosphorous, Total
$25.00
Potassium
$12.00
Calcium Carbonate Equivalent
$15.00
Soil Analysis – each pollutant
$20.00
Phenols
$28.00
Cyanide
$30.00
Metals:
Arsenic
$20.00
Selenium
$20.00
Mercury
$25.00
Other metals (per parameter)
$15.00
BETX (OA-1)
$40.00
VPH (OA-1)
$40.00
BETX and VPH (OA-1)
$45.00
U.S. EPA Tests:
608 Organochlorine Pesticides and PCBS
$70.00
624 Volatile Organic Compounds
$140.00
625 Base/Neutral Organic Compounds and/or Acid/Organic Compounds
$290.00
   G.   Fees for analysis performed by laboratories other than the WRA laboratory shall be the full cost of each analysis.
   H.   Fees for rescheduling a scheduled inspection with WRA personnel, with less than 24 hours' notice or if appropriate facility managers are unavailable at the scheduled time of inspection, shall be $100.00 per rescheduled inspection.
   I.   Fees for copying and mailing documents shall be $1.00 for the initial page and $0.25 for each additional page plus postage. No charges shall be assessed for requests for copies received from individuals or agencies served by the WRA provided the number of pages requested does not exceed ten.
   J.   Fees for past due reminders sent each thirty (30) days that a balance remains unpaid shall be $5.00.
   K.   Prohibitive waste charges for each pollutant discharged in excess of permit or ordinance limits shall be $50.00 per violation for Class B permit holders and $100.00 per violation for Class A permit holders. Charges shall double if discharges exceed slug threshold values. Payment of fees does not preclude other enforcement action and may not be paid in lieu of compliance with discharge limitations.
   L.   At the WRA's discretion, administrative cost recovery fees may be assessed separately to a user or added to a user's disposal fee for actions or occurrences subject to Chapter 102 of this Code which result in the need for additional labor, equipment, and/or materials from the WRA or its contractors, including but not limited to cleanup of spills, infrastructure maintenance, improper scale transactions, improper disposal, and waste source verification. Fees shall be assessed based on the actual costs incurred by the WRA, or on the estimated costs incurred by the WRA rounded down to the nearest multiple of twenty based on actual rates for labor, materials, and equipment with a minimum fee of not less than $20.00. Fees under this Section L will be charged in addition to charges, fines, fees, or other costs associated with rejected, unapproved, or atypical wastes under Sections 102.09 and 102.11of this chapter.
2.   All users contributing wastewater in excess of the concentrations hereafter listed shall be assessed a surcharge, which shall be in addition to the rates and charges ordinarily billed to such users for sewer use. Commencing October 1, 2022, until June 30, 2025, surcharges shall be assessed in accordance with the following rate schedule:
 
Surcharge per Pound of Pollutant for the Period:
Pollutant
10/1/2022 - 6/30/2023
7/1/2023 - 6/30/2024
7/1/2024 - 6/30/2025
Total suspended solids in excess of 250 mg/l
$0.18
$0.20
$0.22
BOD or CBOD in excess of 200 mg/l
0.14
0.17
0.21
TKN in excess of 30 mg/l
0.55
0.49
0.42
Oil and grease in excess of 100 mg/l
0.08
0.10
0.11
 
Commencing on July 1, 2025, surcharge rates listed in the above table shall be annually adjusted as of July 1 of each year to increase two percent per annum rounded to the nearest whole cent.
Chemical Oxygen Demand (COD) in excess of 300 mg/l may be used at the discretion of the WRA Director in lieu of BOD. In such case the excess COD concentration shall be multiplied by the known CBOD/COD ratio or by a ratio of two-thirds (2/3) to establish an equivalent CBOD concentration.
Ammonia Nitrogen (NH 3 -N) in excess of 15 mg/l may be used at the discretion of the WRA Director in lieu of TKN by multiplying the excess NH 3 -N concentration times two (2) to establish an equivalent TKN concentration.
(Ord. 2118 - Sep. 22 Supp.)
3.   The establishment and imposition of new or different fees or charges, in addition to or in substitution for those provided above in this section, shall be by ordinance amending this chapter. The amounts of the fees and charges established in this section shall be and remain in effect until such time as the WRA Board shall by resolution revise said fee amounts. Said revised fees and charges shall take effect after the Board causes said resolution to be sent to the Council and thereafter causes same to be published in a newspaper of general circulation in each county in which participating communities are located.
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