§ 52.006 PROHIBITED DISCHARGES.
   (A)   No person shall discharge or cause to be discharged any of the following to any public sanitary sewers under the jurisdiction of the town:
      (1)   Pollutants which create a fire or explosion hazard in the sewage works including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F or 60°C using the test methods specified in 40 C.F.R. § 261.21;
      (2)   Solid or viscous pollutants in amounts which will cause obstruction to the flow in the sewage works resulting in interference;
      (3)   Subject to any other limitations or prohibitions contained within this subchapter, the following pollutants may be discharged to the town's sewage works subject to surcharges for concentrations (identified by laboratory analysis in mg/l) greater than as listed below, in accordance with the terms of the sewer rate ordinance:
Pollutant
Mg/L
Pollutant
Mg/L
Ammonia
30
BOD5
240
COD
500
Fats, wax, grease, or oils, collectively, whether emulsified or not
100
Phosphorous
4
Suspended solids
240
Total kjeldahl nitrogen (TKN)
40
 
      (4)   Heat in amounts which will inhibit biological activity in the sewage works resulting in interference, but in no case heat in such quantities that the temperature at the sewage treatment plant exceeds 40°C (104°F);
      (5)   Petroleum oil, nonbiodegradable and biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through;
      (6)   Pollutants which result in the presence of toxic gases, vapors, or fumes within the sewage works in a quantity that may cause:
         (a)   Acute worker health; and
         (b)   Safety problems.
      (7)   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;
      (8)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant;
      (9)   Any water or wastes having a pH lower than 6.0 or having any other corrosive property capable of causing damage or hazard to structure, equipment, and personnel of the sewage works, or that interferes with any sewage treatment process;
      (10)   Solid or viscous substances, diluted or undiluted, in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, underground garbage, blood, paunch, manure, hair and fleshings, entrails, paper, dishes, cups, cans, milk containers, and the like, either whole or ground by garbage grinders;
      (11)   Any waters or wastes containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a hazard or toxic effect in the receiving waters of the sewage treatment plant, or to exceed the limitations set forth in the applicable Federal Categorical Pretreatment Standards or other pretreatment standards or regulations issued by the US EPA or the IDEM. Toxic pollutants are those identified pursuant to § 307(a) of the Federal Water Pollution Control Act, being 33 U.S.C. § 1317(a), as amended. In no case shall any user discharge any chemical, compound, or substance in concentrations greater than 10% of the LD50 limit as listed on the most recent MSDS for that chemical, compound, or substance; and
      (12)   No user shall discharge wastewater containing concentrations of the following enumerated pollutants exceeding the following limits (in mg/l). The Town Manager may establish more stringent limitations by permit on any user found to be a significant industrial user.
Pollutant
Mg/L
Pollutant
Mg/L
Arsenic
0.15
Cadmium
0.33
Chromium (hexavalent)
0.25
Chromium (total)
2.50
Copper
2.00
Cyanide (total)
0.30
Lead
0.33
Mercury
0.0001
Nickel
2.00
Phenols
0.67
Selenium
0.67
Silver
0.20
TTO
2.13
Zinc
2.50
 
   (B)   No person shall discharge or cause to be discharged any of the following into a public sanitary sewer under the jurisdiction of the Town Manager, who will give consideration to the public sanitary sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors. The substances prohibited are:
      (1)   Any liquid or vapor having a temperature higher than 150°F or 65°C;
      (2)   Any water or waste containing substances which may solidify or become viscous at temperatures between 32°F and 150°F or 0°C and 65°C;
      (3)   Any waters or wastes containing acid iron pickling wastes or plating solutions whether neutralized or not;
      (4)   Any radioactive wastes;
      (5)   Any waters or wastes having a pH in excess of 9.0;
      (6)   Materials which exert or cause:
         (a)   Unusual concentrations of inert suspended solids such as, but not limited to, Fullers earth, lime slurries, and lime residues or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate);
         (b)   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions); and
         (c)   Unusual volume of flow or concentration of wastes which constitute a slug as defined herein.
      (7)   Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of either agency having jurisdiction over discharges to the receiving waters;
      (8)   Any trucked or hauled pollutants; and
      (9)   Any pollutant(s) that could otherwise cause pass-through or interference.
   (C)   No person shall discharge or cause to be discharged any industrial sewage, process wastewater, or any other waste except for sanitary sewage to any public sanitary sewer under the jurisdiction of the town without a written permit from the Town Manager.
   (D)   No person shall connect or reconnect roof downspouts, footing drains, areaway drains, driveways, parking lots or other source of surface, runoff or ground water, to a building (or house) lateral sewer or building (or house) drain which is in turn connected directly or indirectly to the sewer system.
      (1)   The Town of Cloverdale's employees, operators and Town Manager, bearing proper credentials and identification, shall be permitted to enter all properties for purposes of inspection, observation, measurement, sampling and testing in accordance with the prohibition of this section.
      (2)   While performing the necessary work on private properties, the Town of Cloverdale's employees, managers and operators shall observe all safety rules applicable to the premises.
      (3)   Any person found to be violating any provisions of this section shall be issued with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.
         (a)   The offender shall, within the period of time stated in such notice, permanently cease all violations.
         (b)   The Town of Cloverdale may revoke a permit for sewage disposal as a result of any violation of any provision of this section.
         (c)   Any person who shall continue any violation beyond the given time limit, shall be fined in the following manner:
 
First Offense
$250
Second Offense
$500
Third Offense
$750
(1)   All subsequent offenses shall be penalized at the $750 offense amount.
(2)   All court costs and attorney's fees shall be recoverable by the town in pursuing an action to enforce these provisions or recover offenses assessed therein.
(3)   Each day in which any such violation shall continue shall be deemed a separate offense.
 
   (E)   If any waters or wastes are discharged, or are proposed to be discharged, to the public sanitary sewers, which waters contain the substances of or possess the characteristics enumerated in divisions (A), (B), or (C) above as determined by the Town Manager may:
      (1)   Require the submission of information on wastewater characteristics and obtain prior approval for such discharges from IDEM;
      (2)   Reject the wastes in whole or in part for any reason deemed appropriate by the town;
      (3)   Require pretreatment of such wastes to within the limits of normal sanitary sewage as defined or to within limits approved by IDEM;
      (4)   Require control of flow and equalization of such wastes so as to avoid any slug loads or excessive loads that may be harmful to the treatment works;
      (5)   Require payment of a surcharge on any excessive flows or loadings discharge to the treatment works to cover the additional costs of having capacity for and treating such wastes; and
      (6)   (a)   Require any other measures that the Town Manager or the Board has the legal authority to require.
         (b)   If the Town Manager permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Board and subject to the requirements of all applicable laws, codes, ordinances, and regulations.
   (F)   Where preliminary treatment of flow-equalizing facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.
   (G)   The Town Manager may require that the owner of any property serviced by a building sewer install a suitable control manhole, together with such necessary meters and other appurtenance in the building sewer, to facilitate observations, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Town Manager. The manhole shall be installed and maintained by the owner at the owner's expense so as to be safe and accessible at all times. Agents of the town, the IDEM, and the US EPA shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing upon presentation of appropriate credentials and identification.
   (H)   The Town Manager may control, through permit, order, or similar means, the contribution to the sewage works by each user to ensure compliance with this subchapter, the town's NPDES permit, and all other applicable standards and requirements. In the case of a significant industrial user, this control shall be achieved through permits or equivalent individual control mechanisms issued to each such user.
   (I)   All measurements, test, and analyses of the characteristics of water and wastes to which reference is made in this subchapter shall be determined in accordance with appropriate methodologies accepted and approved by US EPA, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. Report thereof shall be provided to the Town Manager within five days after the results are received by the user. In the event that no special manhole shall be considered to be the nearest downstream manhole in the public sanitary sewer, it shall be considered the nearest point at which the building sewer is connected. Sampling shall be carried out pursuant to US EPA accepted methods.
   (J)   It shall be unlawful for any person to place, deposit, discharge, permit to be deposited or discharged, in any manner whatsoever, any substance into a public sanitary sewer under the jurisdiction of the town at a point different than the proposed building sewer connection to the sanitary sewer system.
   (K)   No statement contained in this subchapter shall be construed as preventing any separate agreement or arrangement between the town and any user whereby waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor, by the user, at such rates as are compatible with the sewer rate ordinance, so long as said agreement or arrangement does not directly or indirectly allow any discharge which will cause pass-through or interference or in any way cause the town to violate the terms of its NPDES permit.
(Prior Code, § 9-63) (Ord. 2009-7, passed 9-15-2009; Ord. 2020-06, passed 9-8-2020) Penalty, see § 52.999