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A. Unless the context specifically indicates otherwise, the following items, as used in this article, shall have the meanings hereinafter designated:
ACT: The Federal Water Pollution Control Act amendments of 1972, PL 92-500, and subsequent amendments (e.g., Clean Water Act of 1977) 33 USC section 1251 et seq.
APPROVAL AUTHORITY: The State Health Department Director in an NPDES State with an approved State pretreatment program and the appropriate EPA Regional Administrator in a non- NPDES State or NPDES State without an approved State pretreatment program.
APPROVED POTW PRETREATMENT PROGRAM OR PROGRAM OR POTW PRETREATMENT PROGRAM: A program administered by a POTW that meets the criteria established in 40 CFR sections 403.8 and 403.9 and which has been approved by the EPA or State Director in accord with 40 CFR section 403.11 of the general pretreatment regulations (40 CFR section 403).
ARTICLE OR THIS ARTICLE: Chapter 12, article 5 of this Code of the City of Colorado Springs, as amended.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER:
1. A responsible corporate officer, if the industrial user is a corporation. For the purpose of this definition, a responsible corporate officer means:
a. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy making or decision making functions for the corporation, or
b. The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility, including, but not limited to: having the explicit or implicit duty of making major capital investment recommendations; initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; ensuring that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.
3. A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facility from which the indirect discharge originates or has overall responsibility for environmental matters for the company. Authorization must be made in writing to the Chief Executive Officer by an individual as described in subsections 1 and 2 of this definition.
4. If an authorization under subsection 3 of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection 3 of this definition must be submitted to the Chief Executive Officer prior to or together with any reports to be signed by an authorized representative.
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of waters of the State; to implement the prohibitions of section 12.5.702 of this article and the local limits of subsection 12.5.703B of this article. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BIOCHEMICAL OXYGEN DEMAND OR BOD: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory methods of five (5) days at twenty degrees centigrade (20°C), expressed in terms of weight and concentration (milligrams per liter).
BYPASS: The intentional diversion of wastestreams from any point of an industrial user's treatment facility. Bypass as used in this article is distinct from bypass as used in article 1 of this chapter.
CFR: Code of Federal Regulations.
CATEGORICAL INDUSTRIAL USER: A source of discharge to a POTW that is required to comply with categorical pretreatment standards in accord with Clean Water Act sections 307(B) and (C) (33 USC section 1317).
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Technology based effluent limitation for an industrial facility discharging into a Municipal sewer system, which applies to a specific category of users as listed in 40 CFR chapter 1, subchapter N, sections 405 - 471, as promulgated by EPA in accord with sections 307(B) and (C) of the Act (33 USC section 1317).
CENTRALIZED WASTE TREATMENT FACILITY: Any facility that receives nondomestic liquid wastes for treatment or disposal, and is designated as such by the Chief Executive Officer consistent with the provisions contained in 40 CFR section 437.
COLLECTION LINE: That portion of the wastewater treatment system which collects and transmits wastewater from users to the wastewater treatment plant, excluding service lines.
COLORADO DISCHARGE PERMIT SYSTEM OR CDPS: The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into surface water of the State of Colorado under conditions of the delegation of authority to administer a State water quality control program pursuant to section 402 of the Act.
COMBINED WASTESTREAM FORMULA: A formula as outlined in the general pretreatment regulations of the Clean Water Act and applied to sampled wastewater flow from regulated users in order to determine compliance with all applicable pollutant limitations and which accounts for dilution effects from unregulated wastewater streams such as sanitary, cooling water, etc.
COMPLIANCE SCHEDULE: A schedule enforceable under part 12 of this article containing increments of progress in the form of dates for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable Federal, State or local environmental regulations which may directly or indirectly affect the quality of the user's wastewater effluent.
COMPOSITE SAMPLE: A series of grab samples of equal volume taken at predetermined times during the user operating day without regard to flow and which are combined into one sample.
CONTROL AUTHORITY: The entity directly administering and enforcing the industrial waste pretreatment standards and requirements, under direction of the Chief Executive Officer. The Colorado Springs Utilities Water Services Division is the control authority for the Las Vegas Street Wastewater Treatment Facility and the J.D. Phillips Water Reclamation Facility.
CONTROL MECHANISM: Control mechanisms may be used to control the discharges of significant industrial users and other industrial users. Control mechanisms may be individual or general. Control mechanisms may include significant industrial user permits, written authorizations to discharge for other industrial users, liquid waste hauler permits and other requirements enforceable under this Utilities Code.
CONVENTIONAL POLLUTANT: BOD, suspended solids, pH and fecal coliform bacteria, and the additional pollutants as are now or may be in the future specified and controlled in the CDPS permit for the wastewater treatment works where the works have been designed and used to reduce or remove the pollutants.
COOLING WATER: The water discharged from uses such as air conditioning or refrigeration or to which the only pollutant added is heat.
DAILY MAXIMUM LIMIT: The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DENTAL DISCHARGER: An industrial user where the practice of dentistry is performed, including, but not limited to, institutions, permanent or temporary offices, clinics, home offices, and facilities owned and operated by Federal, State, or local governments, that discharges wastewater to a publicly owned treatment works (POTW). 40 CFR Part 441.20(e).
DESIGNATED DISPOSAL FACILITY OR DESIGNATED DISPOSAL FACILITIES: A site authorized pursuant to section 12.5.605 of this article, at which the user is allowed to discharge hauled or trucked waste. The site may be for domestic waste or for nondomestic waste only, which is to be treated prior to discharge to the POTW.
DISCHARGE RATE: The unit of volume of effluent discharge per unit of time from the user which has been determined by the Chief Executive Officer to be representative of process effluent from that user, such as gallons per day, gallons per minute or cubic feet per day.
DOMESTIC WASTES OR SANITARY WASTES: Liquid wastes:
1. Wastewater from normal residential activities including, but not limited to, wastewater from kitchen, bath, and laundry facilities; or
2. Wastewater from the personal sanitary conveniences (toilets, showers, bathtubs, fountains, noncommercial sinks and similar structures) of commercial, industrial or institutional buildings, provided that the wastewater exhibits characteristics that are similar to those of wastewater from normal residential activities;
3. Specifically excluded from this definition is wastewater from commercial, industrial or institutional laundries or food preparation facilities.
FLOW PROPORTIONATE SAMPLE: A composite sample where each discrete sample is collected based upon the flow (volume) of wastewater.
GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food.
GENERAL BEST MANAGEMENT PRACTICE: A Best Management Practice developed by the Chief Executive Officer applicable to a category of industrial users, category of activities, or geographic area.
GENERAL CONTROL MECHANISM: A control mechanism issued by the Chief Executive Officer pertaining to a category of industrial users who may discharge into the Utilities wastewater system.
GRAB SAMPLE: A singular sample of user's effluent which is taken during the user's normal operating day without regard for variations in daily operational characteristics, flow or concentration of pollutants.
GREASE/SAND INTERCEPTOR: A tank that serves one or more fixtures and is remotely located. The interceptors include, but are not limited to, tanks that capture wastewater from dishwashers, floor drains, pot and pan sinks and trenches, or wastewater from vehicle maintenance facilities, car washes or activities with a petroleum wash away byproduct.
GREASE TRAP: A device designed to retain grease from one to a maximum of four (4) fixtures per the Uniform Plumbing Code as adopted by the Regional Building Code.
HAZARDOUS WASTE: A solid waste, which meets the criteria of 6 Colorado Code of Regulations 1007-3, section 261.3.
INDIRECT DISCHARGE: The introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the Act.
INDIVIDUAL CONTROL MECHANISM: A control mechanism that only is issued to a specific industrial user and is not available to cover a category of industrial users.
INDIVIDUAL WASTEWATER DISPOSAL SYSTEM: A septic tank, cesspool or similar self-contained receptacle or facility which collects and/or treats or otherwise disposes of wastewater and which is not connected to the wastewater treatment system.
INDUSTRIAL USER: A source of discharge which introduces pollutants into the POTW from any nondomestic source regulated under section 307(B), (C), or (D) of the Act.
INDUSTRIAL WASTE: Any liquid, solid or gaseous waste or form of energy or combination thereof resulting from any process or operational procedures of an industrial user. Industrial waste includes wastes generated from cleaning and maintaining equipment and facilities used for the relevant process or operation.
INSTANTANEOUS COMPLIANCE SAMPLE: A grab sample collected for the purpose of gauging compliance with the Wastewater Treatment Code or is otherwise used to track compliance schedule progress.
INTERFERENCE: A discharge which, alone or in conjunction with a discharge or discharges from other sources:
1. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
2. Therefore is a cause of a violation of any requirement of the POTW's NPDES permit or CDPS permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act [RCRA], and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
LIQUID WASTE HAULER: Any person, firm, corporation or other entity that collects, pumps, transports and/or disposes of "liquid wastes" as defined herein.
LIQUID WASTE HAULER PERMIT: A permit issued by Utilities pursuant to section 12.5.1110 of this article which will authorize a liquid waste hauler to collect, pump, transport, and/or dispose of permitted hauled liquid waste subject to conditions on quality of the waste, time and location of disposal of the waste and operations of the waste hauler into the disposal facilities designated by the Chief Executive Officer.
LIQUID WASTES: Those materials including, but not limited to, sand trap pumpings, septic tank pumpings, portable toilet pumpings, food service or petroleum service grease trap pumpings, sludges generated from domestic wastewater treatment plants and lagoons, waste or used oils and lubricants, chemical wastes, wastes from industrial or commercial wastewater treatment systems, storm drain sludges or dredgings and other wastes as determined by the Chief Executive Officer. Liquid wastes as defined herein are not considered "permitted wastes" for legal discharge into disposal facilities designated by the Chief Executive Officer.
MANIFEST: A written document required by the Chief Executive Officer that specifies, among other things, the source and nature of the waste to be discharged to the disposal facility, designated as provided in section 12.5.605 of this article.
MANIFEST SYSTEM: A system consisting of a document that records information and data on generation, transportation and disposal of waste.
MASTER PLUMBER: As defined in and licensed pursuant to title 12, article 58 Colorado Revised Statutes, as the same may be now or hereafter amended, and registered with the Regional Building Department pursuant to section RBC205.1 of the Building Code.
MAXIMUM ALLOWABLE HEADWORKS LOADING OR MAHL: A quantitative maximum allowable loading in pounds per day at the headworks to the POTW of any particular pollutant. MAHL is the maximum amount allowable in light of the removal efficiency of the wastewater treatment process which still protects against interference or pass-through and attains the effluent limits of the POTW's permit and/or the water quality standards of the stream segment(s) protected by the permit. MAHL may be also based upon protection of sewage sludge for beneficial reuse, worker safety exposure, process upsets and air emissions. MAHL is used to derive local limits applicable to individual significant industrial users.
MAXIMUM ALLOWABLE INDUSTRIAL LOADING OR MAIL: The loading available to the POTW to allocate to industrial users after subtracting the domestic/background uncontrolled sources and a safety and growth factor from the MAHL. MAIL is allocated among significant industrial users as a group, or significant industrial users as specified classes or categories or individual significant industrial users.
MONTHLY AVERAGE: The average of daily discharges over a calendar month as calculated by adding all the daily discharges measured during the calendar month, and dividing the sum by the number of daily discharges measured during that month.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES: The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to section 402 of the Act.
NEW SOURCE: Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(C) of the Act which will be applicable to the source if the standards are thereafter promulgated in accord with that section, provided that:
1. The building, structure, facility or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered; or
4. Construction on a site on which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection 2 or 3 of this definition but otherwise alters, replaces or adds to existing process or production equipment; or
5. Construction of a "new source" as defined above has commenced if the owner or operator has begun or caused to begin as part of a continuous on-site construction program:
a. Any placement, assembly, or installation of facilities or equipment; or
b. Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or
c. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition.
OPERATING DAY: That portion of a twenty four (24) hour day during which industrial wastes are discharged or generated.
PASS-THROUGH: A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES or CDPS permit (including an increase in the magnitude or duration of a violation).
PERMITTED HAULED LIQUID WASTES: Those liquid wastes which are authorized by the Chief Executive Officer in a liquid waste hauler permit to be disposed at the designated disposal facilities of the City.
PERSON: An individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representative, agents or assigns. This definition includes all Federal, State and local governmental entities.
pH: A logarithmic scale used to specify the acidity or basicity of an aqueous solution on a scale from 0 to 14. A measure of how acidic or alkaline a substance is. More acidic solutions have lower pH. More alkaline solutions have higher pH. Substances that are not acidic or alkaline (that is, neutral solutions) have a pH of 7.
PHOTOPROCESSING: A wet chemical process which renders an image on photosensitized material through the use of:
1. A silver halide suspension coated on a substrate (film, glass, plastic, metal, paper or fabric);
2. Exposure of this photosensitized material to electromagnetic radiant energy; and
3. Chemical enhancement of the previously exposed image via oxidation/reduction reactions in a series of chemical solutions. Byproducts of this reaction are liquid wastes which consist of reduced or oxidized chemical solutions, some of which include various complexes of silver and silver thiosulfate. This definition also includes any process which subsequently tones, enhances or alters the developed image. Establishments employing the process may include, but are not limited to, hospitals, radiology clinics, printers and publishers, retail photographic stores, photographers, schools, veterinarians and dentists.
POLLUTANT: Any dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, or sand. Pollutants also include any industrial, Municipal or agricultural waste, and may include some medical wastes to be determined at the discretion of the Chief Executive Officer.
PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR section 403.6(d).
PRETREATMENT REQUIREMENT: Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
PRETREATMENT STANDARD, NATIONAL PRETREATMENT STANDARD OR STANDARD: Any regulation containing pollutant discharge limits promulgated by the EPA in accord with section 307 (b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to section 403.5 of the Act, as well as any nonconflicting State or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied. There are two (2) different circumstances in which BMPs may be pretreatment standards. The first is when the Chief Executive Officer establishes BMPs to implement the prohibitions of section 12.5.702 of this article and the local limits of subsection 12.5.703B of this article. The second is when the BMPs are categorical pretreatment standards established by the EPA.
PUBLICLY OWNED TREATMENT WORKS (POTW), WASTEWATER TREATMENT SYSTEM OR WASTEWATER SYSTEM:
1. Any devices, facilities, structures, equipment or works owned by the City or used by Utilities for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, collection lines, pumping, power and other equipment, and their appurtenances and excluding service lines;
a. Extensions, improvements, additions, alterations or any remodeling thereof;
b. Elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and
c. Any works, including the land and sites that may be acquired, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from the treatment, or reuse of treated water for irrigation, recreation or commercial purposes.
d. It does not include the stormwater drainage system, a separate Municipal operation which is not part of Utilities.
2. The municipality, as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
RECEIVING WATER: Lakes, rivers, streams or other watercourses which receive treated or untreated wastewater.
REGIONAL BUILDING OFFICIAL: The Director of the Regional Building Department of El Paso County, Colorado, or the Director's designated representative.
SEPTIC TANK PUMPINGS: The material pumped from individual wastewater disposal systems and which contain domestic wastes only.
SERVICE LINE: The wastewater collector line extending from the wastewater disposal facilities of the premises up to and including the connection to the collection line.
SEVERE PROPERTY DAMAGE: Substantial physical damage to property, damage to the treatment facilities which causes them 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.
SIGNIFICANT INDUSTRIAL USER OR SIGNIFICANT USER OR SIU: Any industrial user of the POTW who:
1. Is a user subject to categorical pretreatment standards under section 403.6 and 40 CFR chapter 1, subchapter n; or
2. Discharges wastewater containing significant amounts of toxic materials specified by the Chief Executive Officer in accord with rulemaking or as defined in the standards issued under section 307 of the Act; or as defined in this Code; or
3. Any other industrial user that discharges an average of twenty five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Chief Executive Officer on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accord with 40 CFR section 403.8(f)(6)).
SIGNIFICANT INDUSTRIAL USER WASTEWATER DISCHARGE PERMIT: An authorization to discharge industrial process wastewaters by a significant industrial user into the City sanitary sewer system.
SIGNIFICANT NONCOMPLIANCE: An industrial user's violation(s) meets one or more of the following criteria:
1. "Chronic violations of wastewater discharge limits", defined here as those in which sixty six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limitations, for the same pollutant parameter; "six (6) month periods" are defined as October 1 to March 31, January 1 to June 30, April 1 to September 30 and July 1 to December 31;
2. "Technical review criteria (TRC) violations", defined here as those in which thirty three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of a numeric pretreatment standard or requirement including instantaneous limitations multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH); "six (6) month periods" are defined as October 1 to March 31, January 1 to June 30, April 1 to September 30 and July 1 to December 31;
3. Any other violation of a pretreatment standard or requirement (daily maximum, long term average, instantaneous limit, narrative standard or BMP) that the Chief Executive Officer determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent a discharge;
5. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
6. Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance; or
8. Any other violation or group of violations, which may include a violation of BMPs, which the Chief Executive Officer determines will adversely affect the operation or implementation of the local pretreatment program, including any violation(s) that results in an administrative fine.
SLUG DISCHARGE: Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violates the POTW's regulations, local limits or permit conditions, including such discharge which:
1. Contains any substances regulated by part 7 of this article in concentrations or amounts which exceed for any time, the prohibitions contained in 40 CFR section 403.5(b), as specified in subsections 12.5.702E, F, G, J, N, S, T and U of this article;
2. Causes a twofold or more increase in discharge rate for a period longer than twenty (20) minutes;
3. Causes that user's effluent to violate the pH limitations provided in part 7 of this article for a continuous period longer than thirty (30) minutes; or
4. Is a condition of discharge determined by the Chief Executive Officer to be a slug discharge as is specified in the user's discharge permit, or through other notifications made to the user by the Chief Executive Officer.
STANDARD INDUSTRIAL CODE: A numerical code indicating the classification of users pursuant to the "Standard Industrial Classification Manual" issued by the Executive Office of the President, Office of Management and Budget, 1987, and amendments thereof and supplemented by the Wastewater Division.
STORMWATER: Precipitation induced surface runoff.
SUSPENDED SOLIDS: The total suspended matter, as measured in milligrams per liter, that floats on the surface of, or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering by standard methods.
TOTAL TOXIC ORGANICS: The sum of all concentration values greater than 0.01 milligram per liter for the list of toxic organics as developed by the Federal EPA for an applicable categorical pretreatment standard or otherwise specified by the Chief Executive Officer.
UPSET: An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
USER: Any person, firm, corporation, government or other entity that discharges, causes or permits the discharge of wastewater into the POTW.
USER CLASSIFICATION: A classification of users based on the 1987 (or subsequent) edition of the "Standard Industrial Classification Manual" prepared by the Federal Office of Management and Budget.
WASTE SILVER RICH PHOTOCHEMICAL SOLUTIONS: Any waste photochemical solutions generated from photoprocessing activities that contain silver concentrations generally in excess of four hundred milligrams per liter (400 mg/L). This includes, but may not be limited to: fix, bleach-fix, stabilizers from washless minilabs, low flow washes. This excludes non-silver rich photochemical processing solutions such as developers and wash waters generated from properly operated and maintained photoprocessing equipment.
WASTEWATER: The liquid and water carried industrial or domestic wastes and pollutants from dwellings, commercial buildings, industrial facilities and institutions, including hauled liquid waste, and any groundwater, surface water and stormwater that may be present, whether treated or untreated.
WASTEWATER SYSTEM: See definition of Publicly Owned Treatment Works (POTW).
WASTEWATER TREATMENT SYSTEM: See definition of Publicly Owned Treatment Works (POTW).
B. Terms not otherwise defined herein shall have the meanings adopted in the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. (Ord. 98-173; Ord. 99-162; Ord. 00-204; Ord. 01-42; Ord. 05-135; Ord. 06-195; Ord. 08-44; Ord. 10-82; Ord. 14-66; Ord. 15-99; Ord. 18-42; Ord. 19-34)
Any reference in this article to the "Department of Health" or the "Health Department" shall mean the El Paso County Department of Health and Environment. Any reference in this article to the "Health Officer" shall mean the Health Officer of the El Paso County Department of Health and Environment, or the Health Officer's designated representative. (Ord. 98-173; Ord. 99-162; Ord. 01-42)
Any person required or desiring to connect a service line to the wastewater treatment system, or to add fixtures to an existing connection, shall make application to the Chief Executive Officer for wastewater service. The application for service shall be supplemented by any plans, specifications or other information deemed necessary by the Chief Executive Officer to determine compliance with all tariffs, ordinances, regulations or rules concerning the wastewater system. The Chief Executive Officer shall endorse approval or disapproval of the application as complying or failing to comply with all tariffs, ordinances, regulations or rules concerning the wastewater system of the City. Upon approval by the Chief Executive Officer of the application, the user receiving wastewater service shall pay therefor in accord with the applicable rates, rules and regulations. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
A. City policy relating to the furnishing of wastewater treatment service to users located outside the corporate limits of the City is set out in subsections 12.1.116 and 12.5.304B of this Code. Utilities expressly reserves the right, except as otherwise specifically limited by State or Federal law, to impose the conditions as it may see fit relative to furnishing the service, and may refuse the service in its discretion.
B. All provisions of this article apply to those areas outside the corporate limits of the city, except those areas covered by a special contract as defined in subsections 12.1.116A and 12.5.304, which expressly establishes other rules for areas served under the contract. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 23-17; Ord. 24-24)
Any person desiring to connect a service line and/or add fixtures to an existing connection which is located outside the City limits shall comply fully with subsection 12.1.116B of this code. The person shall then make application to Utilities for wastewater service. The application for service shall be supplemented by any plans, specifications or other information deemed necessary by the Chief Executive Officer to determine compliance with all tariffs, ordinances, regulations or rules concerning the wastewater system. The Chief Executive Officer shall endorse approval or disapproval of the application as complying or failing to comply with all tariffs, ordinances, regulations or rules concerning the wastewater system of the City. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42; Ord. 23-17; Ord. 24-24)
A. Utilities may provide by contract for the use of and connection to the City's wastewater treatment system by institutions, plants, organized sewer districts, Municipal corporations or other similar users which are located outside the corporate limits of the City. The use of or connection to the wastewater treatment system shall be subject to the terms and conditions as Utilities may see fit to impose.
B. Policy for Special Contract Consideration:
1. Persons inside City limits have made significant investments in the City's wastewater system. Persons outside the City limits who desire wastewater service from the City should be required to pay an amount that reflects their pro rata demand on existing and planned infrastructure and resources as well as pay additional fees for such service in recognition for investments made to the wastewater system by persons inside City limits.
2. Wastewater services provided outside City limits must not have an adverse impact on the City and its facilities, public and private.
3. There is no obligation imposed by general law upon the City to provide wastewater service outside its boundaries.
C. Requirements for Special Contract Wastewater Service
1. The City's wastewater facilities, as currently existing or planned, must be sufficient to meet the present and projected wastewater needs for the foreseeable future of all users of the wastewater system located within and outside the corporate limits of the City including those who are to be served under the special contract.
2. The service under such special contract must not interfere with the City's ability to provide wastewater service to in-City customers in accordance with the standards adopted by Utilities and the City's existing contractual obligations.
3. The special contract customer must agree to pay all wastewater system availability fees and other applicable Utilities' fees.
4. Special contracts shall comply with all applicable restrictions in this Code and applicable permits and agreements.
5. The special contract customer must obtain all contracts, permits, administrative approvals as may be required to allow Utilities to provide special contract service without impairing Utilities' ability to operate the wastewater system for the benefit of Utilities' customers.
6. Contracts entered into pursuant to this section shall provide for compliance by the user with the discharge prohibitions and limitations contained in this article. Among other things, the contracts shall require the user to:
a. Submit to the jurisdiction of the City for the purposes of the enforcement procedures and penalties set out in this article; and
b. Stipulate liquidated damages for violation of the provisions of this article in an amount equal to the penalties imposed herein.
7. Contracts entered into pursuant to this section may provide for acceptance by Utilities of only normal domestic strength wastewater, and the requirements of subsection C2 of this section shall not apply to the contracts. However, the contracts shall provide that any discharge of industrial wastewater by the user shall subject the user to consequential damages for breach of contract, including, but not limited to, any amounts the City or Utilities may be required to pay for violation of the conditions of its CDPS permit where the discharge of the user caused or contributed to the violation. Discharges of industrial wastewater by a user bound by the contract shall not be accepted by Utilities except pursuant to notice to the City and execution of an amended or additional contract to which the requirements of subsection C2 of this section shall apply.
D. Contracts for use of or connection to the wastewater treatment system in force and effect on the effective date of this article shall remain in full force and effect in accord with the terms and conditions thereof. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 24-24)
All excavations for installation or repair of wastewater lines shall be adequately guarded with barricades and lights and meet all applicable safety standards so as to protect the public from hazard. Any excavation affecting "Public Places", as those terms are defined in section 3.3.201 of this Code, shall be carried out in conformance with chapter 3, article 3, part 2 of this Code. (Ord. 98-173; Ord. 99-162; Ord. 01-42)
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