CHAPTER 3
INDUSTRIAL AND COMMERCIAL WASTEWATER AND HAULED WASTE

8-3-1 Definitions	8-3-24 Report on Compliance by Categorical Industries
8-3-2 Abbreviations	8-3-25 Permit Conditions, Restrictions, Modifications
8-3-3 General Adoption	8-3-26 Periodic Compliance Reports
8-3-4 Intent and Construction	8-3-27 Certification and Signatory Requirements
8-3-5 Purpose and Policy	8-3-28 Monitoring Facilities
8-3-6 Jurisdiction	8-3-29 Inspection, Sampling, and Record Keeping
8-3-7 Severability	Authority
8-3-8 Interpretation	8-3-30 Confidential Documents, Date, and Information
8-3-9 User Requirements	8-3-31 Appeal of Denial of Confidential Status
8-3-10 Discharge Prohibitions	8-3-32 Public Notification of Significant Noncompliance
8-3-11 Local Limits for Specific Pollutants	8-3-33 Significant Noncompliance
8-3-12 National Categorical Pretreatment Standards	8-3-34 Administrative Actions
8-3-13 State Requirements	8-3-35 Actions Authorized
8-3-14 City’s Right of Revision	8-3-36 Civil Penalties
8-3-15 Pretreatment	8-3-37 Performance and Payment Bonds
8-3-16 Dilution Prohibited	8-3-38 Revocation of Discharge Permit; Termination of
8-3-17 Spill Containment	Sewer Service
8-3-18 Treatment Upsets	8-3-39 Reinstatement of Service
8-3-19 Treatment Bypass	8-3-40 Emergency Disconnection of Service
8-3-20 Fees	8-3-41 Elimination of Discharge; Reinstatement of Permit
8-3-21 Classes of Permits	8-3-42 Additional Remedies
8-3-22 Permit Requirements Generally	8-3-43 Notices to WRA; WRA Board, Director, or Appeal
8-3-23 Permit Applications; Baseline Monitoring Reports;	Committee
Compliance Schedules

 

8-3-1 DEFINITIONS.

   The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

   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”

      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 person or entity identified in Subsection A, B, C, or D of this definition, 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 403.12(b)(1-7).

   5.   “Biochemical Oxygen Demand” (B.O.D.) means the analysis of B.O.D. as described in Environmental Protection Agency methods.

   6.   “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the wall of the building and conveys it to the building sewer, beginning three feet outside the building wall.

   7.   “Building sewer” or “lateral sewer” means the sewer extending from the building drain to the connection with the POTW.

   8.   “Bypass” means the intentional diversion of waste streams from any portion of an industrial user’s pretreatment facility.

   9.   “Carbonaceous Biochemical Oxygen Demand” (C.B.O.D.) means the analysis of B.O.D. as described in Environmental Protection Agency methods while inhibiting the nitrogenous oxygen demand.

   10.   “Categorical user” means a user subject to National Categorical Pretreatment Standards.

   11.   “Chemical Oxygen Demand” (C.O.D.) 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.

   12.   “City” means the political subdivision known as the City of Clive, Iowa, and also means the territory within the corporate boundaries of the City of Clive.

   13.   “City sanitary sewer system” or “sanitary sewer system” means the local outfall sewers, trunk sewers, pumping stations, force mains, and wastewater equalization basins, and all other structures, devices, and appliances appurtenant thereto, which are used for collecting, conveying, or storing wastewater and which serve and are owned, operated, and maintained by the City or by a sanitary district serving the City.

   14.   “Combined waste stream formula” means the formula as found in 40 CFR 403.6(e).

   15.   “Composite sample” means a representative sample using a minimum of three (3) grab sample aliquots obtained over a period of time and mixed using either a flow proportional or time proportional method.

   16.   “Conventional pollutant: B.O.D., C.O.D., O and G,” means suspended solids, pH, ammonia nitrogen, total Kjeldahl nitrogen, and fecal coliform bacteria.

   17.   “Discharge” or “indirect discharge” means the introduction of treated or untreated wastewater into the POTW.

   18.   “Dissolved solids” means the concentration of residue left in an evaporating dish after evaporation and drying at defined temperatures using Environmental Protection Agency methods or standard methods.

   19.   “Domestic user” means a person discharging only domestic wastewater to the POTW, which wastewater is discharged 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 multifamily dwellings and apartment buildings, which building or premises is a source of wastewater discharge into a POTW.

   20.   “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 milligrams per liter C.O.D., 200 milligrams per liter B.O.D., 250 milligrams per liter suspended solids, 100 milligrams per liter oil and grease, 30 milligrams per liter TKN., and 15 milligrams per liter NH3-N at a discharge rate of 100 gallons per capita per day. This loading is equal to 0.25 pound of C.O.D., 0.17 pound of B.O.D., 0.20 pound of suspended solids, 0.083 pound of oil and grease, 0.025 pound of TKN and 0.013 pound of NH3-N per capita per day.

   21.   “E. Coli or escherichia coli” means bacteria that are a member of the fecal coliform group and whose presence indicates fecal contamination in water.

   22.   “Environmental protection agency methods” means standard procedures for wastewater analysis approved by the U.S. Environmental Protection Agency and prescribed in 40 CFR 136, and includes alternate methods approved by the approval authority.

   23.   “Environmental protection agency” or “E.P.A.” means the U.S. Environmental Protection Agency.

   24.   “Fat, oil, and grease” or “F.O.G.” 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".

   25.   “Fecal coliform” means bacteria common to the intestinal tracts of humans and animals whose presence in water is an indication of pollution.

   26.   “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.

   27.   “Grab sample” means a single aliquot sample collected either directly or by means of a mechanical device.

   28.   “Headworks” means the main wet well at the W.R.F. prior to any treatment process.

   29.   “Industrial user” means a person whose property, building, or premises is a source of wastewater discharge into the POTW, other than a domestic user.

   30.   “Industrial waste” means the liquid waste from industrial users as distinct from domestic sewage.

   31.   “Interference” means a discharge which, 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 WRA’s National Pollutant Discharge Elimination System 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.

   32.   “Limit” means the maximum allowable discharge of a given pollutant as in the following definitions:

      A.   Daily Maximum Limit or Daily Instantaneous Maximum Limit. 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 the discharge limits in the discharge permit for the user, or the discharge limits set forth in Section 8-3-11 of this chapter.

      B.   Monthly Average Limit. The maximum allowable value for the average of all measurements of a pollutant obtained during one calendar month.

   33.   “NH3-N” means the ammonia nitrogen concentration in mg/L as determined using Environmental Protection Agency methods.

   34.   “National Categorical Pretreatment Standards” (NCPS) means any limitations on pollutant discharges to POTW promulgated by the U.S. Environmental Protection Agency that apply to specified process wastewater of particular industrial categories.

   35.   “Non-Significant Categorical Industrial User” (NSICU) means a categorical user which never discharge more than 100 gallons per day of total categorical wastewater, as defined in 40 CFR 403.3(v)(2).

   36.   “National Pollutant Discharge Elimination System Permit” (NPDES) means a permit issued pursuant to the Act.

   37.   “New source” means as defined by 40 CFR 403.3(k).

   38.   “Nonconventional pollutants” means all pollutants which are not included in the definition of conventional pollutants.

   39.   “O and M” means operation and maintenance.

   40.   “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.

   41.   “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 WRA’s National Pollutant Discharge Elimination System permit, including an increase in the magnitude or duration of a violation, or other permit issued to the WRA by the Iowa Department of Natural Resources or the U.S. Environmental Protection Agency.

   42.   “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 their legal representatives, agents, or assigns.

   43.   “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

   44.   “Pollution” means the alteration of chemical, physical, biological, or radiological integrity of water as a result of human activity or enterprise.

   45.   “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.

   46.   “Pretreatment facility” means the equipment used to accomplish pretreatment.

   47.   “Pretreatment requirements” means any substantive or procedural requirement related to pretreatment standards, imposed on an industrial user.

   48.   “Pretreatment standards” means for any specified pollutant, the prohibitive discharge standards as set forth in Section 8-3-10 of this chapter, the specific limitations on discharge as set forth in Section 8-3-11 of this chapter, the State pretreatment standards or the National Categorical Pretreatment Standards, whichever standard is most stringent.

   49.   “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.

   50.   “Publicly owned treatment works” or “POTW” means treatment works as defined by Section 212 of the Clean Water Act, and which is owned by the Des Moines metropolitan wastewater reclamation authority or any of 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 wastes of a liquid nature. It also includes sewers, pipes, and other conveyances if they convey wastewater to a POTW treatment plant.

   51.   “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.

   52.   “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.

   53.   “Sewage” means wastewater as herein defined.

   54.   “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.

   55.   “Significant user”

      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 waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the W.R.F.; 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.

   56.   “Sludge” means the solids separated from the liquids during the wastewater treatment process.

   57.   “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 times the allowable concentration as set forth in Sections 8-3-10 and 8-3-11 of this chapter or in a user’s most recent wastewater discharge permit or which exceeds a slug concentration level specified in a wastewater discharge permit. A discharge with pH outside the allowable range by more than one standard unit (SU) shall also be considered a slug.

   58.   “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.

   59.   “Standard method” means the laboratory procedures set forth in the latest USEPA approved 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.

   60.   “Storm sewer” means a sewer which carries stormwater, surface water, and drainage, but excludes sewage and industrial waste other than unpolluted cooling water.

   61.   “T” means when used as a portion of a chemical name, shall designate “total” such as in “cyanide-T” where “T” means “total” cyanide.

   62.   “TKN” means the total Kjeldahl nitrogen concentration expressed in mg/L as determined using Environmental Protection Agency methods or standard methods.

   63.   “Total metal” means the sum total of the suspended and dissolved concentrations of a metal specified in a wastewater discharge permit or as specified in Section 8-3-11 of this chapter.

   64.   “Total Suspended Solids” (TSS) means the portion of total solids retained by a filter using Environmental Protection Agency methods or standard methods.

   65.   “Total Toxic Organics” (TTO) means the summation of all quantified values greater than 0.01 milligram per liter for the toxic organics as specified in the applicable regulation.

   66.   “Toxic pollutant” means any pollutant or combination of pollutants listed in 40 CFR 403, Appendix B.

   67.   “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 shall not contain more than 25 milligrams per liter of suspended solids, and not more than 25 milligrams per liter of B.O.D.

   68.   “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.

   69.   “User” means a person discharging anything other than domestic wastewater into the POTW, and includes categorical users as herein defined.

   70.   “Waste generator” means any person who hauls or has hauled on its behalf wastewater it generates to the W.R.F.

   71.   “Waste hauler” means a private contractor licensed by the WRA to deliver wastewater to the W.R.F. or other locations approved by the WRA Director, and includes all persons required to have a license under Section 8-3B-2 of this title.

   72.   “WRA agreement” means the amended and restated agreement for the Des Moines metropolitan wastewater reclamation authority, approved, and executed by the WRA and its participating communities and effective as of July 1, 2004.

   73.   “WRA 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.

   74.   “WRA director” or “director” means the person appointed by the WRA Board, or by the WRA operating contractor upon consultation with the Board, as provided in Section 2.63 of the WRA operating contract, who is charged with 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 shall mean and include the person acting as the Director’s authorized designee in the Director’s absence in carrying out the Director’s duties under this chapter.

   75.   “WRA operating contractor” or “operating contractor” means the City of Des Moines, pursuant to the initial operating contractor 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

   76.   “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 Code of Iowa, 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

   77.   “WRA participating community” means individually or collectively, depending on context, the Cities of Altoona, Ankeny, Bondurant, Clive, Cumming, Des Moines, Grimes, Johnston, Norwalk, Pleasant Hill, Polk City, Waukee, West Des Moines, Polk County, Warren County, the Urbandale Sanitary Sewer District, the Urbandale-Windsor Heights Sanitary District and the Greenfield Plaza/Hills of Conventry Sanitary District, together with any other cities, counties, or sanitary districts that become participating communities under the provisions of the WRA Agreement.

   78.   “WRA system” means the W.R.F., the W.C.C.S., satellite wastewater and C.S.O. treatment facilities hereafter constructed, all real and personal property of every nature hereinafter 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.

   79.   “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.

   80.   “Wastewater” means and includes sewage as defined in federal law and regulation, or a combination of the liquid and water-carried waste from residences, commercial buildings, institutions, and industrial establishments, together with such groundwater, surface water, and stormwater as may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

   81.   “Wastewater discharge permit” means the document issued to a user by the WRA, in accordance with the terms of this chapter, which permits such user to discharge wastewater to the POTW.

   82.   “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 8-3-22 of this chapter.

   83.   “Water of the State” means all streams, lakes, ponds, marshes, watercourses, 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 or any portion thereof.

8-3-2 ABBREVIATIONS.

   The following abbreviations, when used in this chapter, shall have the designated meanings:

BETX	Benzene, ethylbenzene, toluene, and xylenes (total)
BMR	Baseline monitoring report
BOD	Biochemical oxygen demand
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/L	Milligrams per liter
NCPS	National Categorical Pretreatment Standards or categorical standards
NH3-N	Ammonia nitrogen
NPDES	National Pollution Discharge Elimination System
O and G	Oil and grease
POTW	Publicly owned treatment works
RCRA	Resource Conservation and 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
U.S. EPA	United States Environmental Protection Agency
USC	United States Code
VPH	Volatile petroleum hydrocarbons