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Canby, OR Code of Ordinances
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§ 13.16.023   Inflow and infiltration.
   A.   All property owners and responsible users identified by the city as contributors to excessive or improper infiltration or inflow into the treatment works shall be advised of their infiltration or inflow problems. All such properties shall be provided a 180-day grace period in which to correct the identified infiltration and inflow problems, said 180-day grace period to extend from the date of notification. By the end of the 180-day grace period, each property owner shall notify the city that corrective actions have been taken or are in progress, and describe the actions being taken.
   B.   A property owner failing to notify the city of corrective actions prior to the end of the 180-day grace period shall be subject to termination of service without further notice, and water service shall be immediately discontinued and shut off until the violations shall have been corrected in accordance to federal, state, and city regulations.
   C.   In the event any instance of excessive infiltration or inflow into the treatment works of the city shall continue beyond the 180-day grace period, it is hereby declared that such continuing infiltration or inflow is a public nuisance. The Public Works Director or other designee shall have the right to abate such a public nuisance, to enter upon any private property within the city for such a purpose, and to assess the cost of such abatement as a lien against the property upon which such infiltration and inflow occurs. The Public Works Director or other designee shall assess the cost of such abatement to the property from which infiltration and inflow occurs. An administration fee of $350 or 5% of the cost, whichever is greater, shall be assessed in addition to all cost of abatement. The assessment of all cost shall be levied by the filing of a statement of such costs together with the description of the property or properties to be assessed and the name of the owner(s) thereof with the City Recorder. The City Recorder shall enter the assessment as a lien against such property in the lien docket of the city.
   D.   No new connections from inflow sources into the water pollution control facilities shall be permitted without the approval of the Public Works Director or other designee.
(Ord. 1413 § 2.9, passed 4-1-2015)
PRETREATMENT OF WASTEWATER
§ 13.16.035 Pretreatment facilities.
   Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 13.16.015 et seq. above, within the time limitations specified by the Public Works Director or other designee. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter.
(Ord. 1413 § 3.1, passed 4-1-2015)
§ 13.16.036   Additional pretreatment measures.
   Whenever deemed necessary, the Public Works Director or other designee may require industrial users to restrict the industrial user's discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the municipal wastewater system and determine the industrial user's compliance with the requirements of this chapter.
   A.   Each person discharging, into the municipal wastewater system greater than 100,000 gallons per day or greater than 5% of the average daily flow in the system, whichever is lesser, may be required by the Public Works Director or other designee to install and maintain, on his or her property and at his or her expense, a suitable storable and flow control facility to ensure equalization of flow over a 24 hour period. The facility shall have a capacity for at least 50% of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller. A wastewater permit may be issued solely for flow equalization.
   B.   Grease, oil and sand interceptors shall be provided, when, in the judgment of the Public Works Director or other designee, they are necessary for the proper handling of wastewater containing excessive amounts of grease, flammable substances, sand, suspended solids or other harmful substances; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the city and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner, at his or her expense.
   C.   Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(Ord. 1413 § 3.2, passed 4-1-2015)
§ 13.16.037   Spill prevention and slug control plans.
   The city may require any user to develop and implement a spill prevention/slug control plan (SP/SCP). Where deemed necessary by the city, facilities to prevent accidental discharge or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. A spill prevention/slug control plan (SP/SCP) showing facilities operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The city shall determine which user is required to develop a plan and require said plan to be submitted within 90 days after notification by the city. Each user shall implement its SP/SCP as submitted or as modified after such plan has been reviewed and approved by the city. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter. The plan shall be posted and available for inspection at the facility during normal business hours.
   A.   Any user required to develop and implement an accidental spill prevention plan shall submit a plan which addresses, at a minimum, the following:
      1.   Description of discharge practices, including non-routine batch discharges;
      2.   Description of stored chemicals;
      3.   Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any standards in §§ 13.16.015 through 13.16.018, including any discharge that would violate a prohibition under 40 C.F.R. 403.5(b), or as required by § 13.16.095; and
      4.   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and or measures and equipment for emergency response.
   B.   Users shall notify the City Wastewater Treatment Facility immediately after the occurrence of a slug or accidental discharge of substances regulated by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law.
   C.   Within 5 days following an accidental discharge, the user shall submit to the city a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
   D.   Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such discharge with respect to emergency notification procedures.
   E.   Preventive measures.
      1.   If any user has a spill or uncontrolled discharge of prohibited or restricted substances into the city sewer, the Public Works Director or other designee may require the user's spill prevention and control plan to be resubmitted, with revisions, in order to fully comply with the requirements of this chapter. The POTW may also require the industrial user to install, modify equipment and/or make other changes necessary to prevent such discharges as a condition of issuance of and industrial waste discharge permit or as a condition of continued discharge into the city sewer system. The Public Works Director or other designee may establish a schedule of compliance for construction completion.
      2.   The Public Works Director or other designee may require connections or entry points which could allow spills or uncontrolled discharges of prohibited or restricted substances to enter the city sewer systems to be eliminated, labeled, or controlled, so as to prevent the entry of wastes in violation of this chapter.
(Ord. 1413 § 3.3, passed 4-1-2015)
§ 13.16.038   Tenant responsibility.
   Any person who shall occupy an industrial user's premises as a tenant under any rental or lease agreement shall be jointly and severally responsible for compliance with the provisions of this chapter in the same manner as the owner.
(Ord. 1413 § 3.4, passed 4-1-2015)
§ 13.16.039   Separation of domestic and industrial wastewater.
   All domestic wastewaters from rest rooms, showers, drinking fountains, and the like unless specifically included as part of a categorical pretreatment standard, shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through a required pretreatment system and the industrial user's monitoring facility. When directed to do so by the Public Works Director or other designee, industrial users must separate existing domestic wastestreams.
(Ord. 1413 § 3.5, passed 4-1-2015)
§ 13.16.040   Hauled wastewater.
   Septic tank waste (septage) will be accepted into the municipal wastewater system at a designated receiving structure within the POTW area, (when such structures become available), and at such times as are established by the Public Works Director or other designee, provided such wastes do not contain toxic or hazardous pollutants, and provided such discharge does not violate any other requirements established by the city. The Public Works Director or other designee shall issue permits for individual vehicles to use such facilities.
   A.   All waste haulers, regardless of the origin of the hauled wastes, shall be considered "industrial users" for the purposes of this chapter and required to apply for a waste hauler permit.
   B.   The discharge of domestic septage wastes from commercial or industrial sites requires prior approval. The Public Works Director shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation.
   C.   Fees for the discharge of septage will be established as part of the user fee system as authorized in § 13.16.230 et seq.
(Ord. 1413 § 3.6, passed 4-1-2015)
§ 13.16.041   Vandalism.
   No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the municipal wastewater system. Any person found in violation of this requirement shall be subject to the sanctions set out in §§ 13.16.150 et seq., below.
(Ord. 1413 § 3.7, passed 4-1-2015)
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