(A) Industrial waste measurement and sampling. Any person discharging industrial wastewater into the City of Dilworth wastewater collection system or any connected disposal system shall provide and maintain a suitable point or points of access together with such necessary meters and other appurtenances at an appropriate location prior to discharge of the total combined waste stream into the disposal system to permit observation, measurement and sampling of such waste by the user and authorized Cities of Dilworth/Moorhead personnel. Plans for such points and measuring equipment shall be submitted to and approved by authorized City of Dilworth and City of Moorhead city personnel prior to construction and installation of same. Sampling and measuring facilities shall be such as to provide safe access for making inspection and verification of their proper operating condition. The metered water supply to a source of industrial waste volume shall be measured where it can be established that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment to the metered supply can be made to determine the waste volume.
(B) Monitoring facilities.
(1) Monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems shall be provided and operated by all industrial users. The monitoring facility should normally be situated on the user’s premises, but City of Dilworth may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
(2) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and compositing of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(3) Where constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with City of Dilworth and City of Moorhead requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by City of Dilworth and City of Moorhead, unless a time extension is otherwise granted by City of Dilworth and City of Moorhead.
(C) Inspection and sampling. Authorized City of Dilworth and City of Moorhead city personnel shall inspect the facilities of any user, in accordance with § 10.20 of this code of ordinances, to ascertain whether the purpose of this section is being met and compliance with all requirements is being satisfied. Persons or occupants of premises where wastewater is created or discharged shall allow authorized City of Dilworth and City of Moorhead city personnel ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination in the performance of any associated duties. Authorized City of Dilworth and City of Moorhead city personnel, the M.P.C.A. and the E.P.A. shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guard so that upon presentation of suitable identification, authorized City of Dilworth and City of Moorhead city personnel, the M.P.C.A. and the E.P.A. will be permitted to enter, without delay for the purposes of performing their specific responsibilities.
(D) Industrial waste analysis. Determination of the character and concentration of an industrial waste discharged into the Cities of Dilworth/Moorhead wastewater disposal system shall be made by the persons discharging it or their designated agents. Reports showing quantities and pertinent analytical data of such industrial waste discharges shall be filed with the approving authority as required by the City of Moorhead.
(E) Measurement and test procedures. All measurements, tests and analyses of the characteristics of waste to which reference is made in these rules and regulations shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. Sampling shall be carried out by methods acceptable to said reference and approved by the City of Moorhead. Alternate methods for certain analyses may be used subject to prior written approval by the City of Moorhead.
(F) Confidential information.
(1) Information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the City of Dilworth and City of Moorhead that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(2) When requested by the person furnishing a report, portions of a report which might disclose trade secrets or secret processes shall not be made available upon written request to governmental agencies for uses related to this section, the City of Moorhead NPDES permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceeding involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(3) Information accepted by City of Dilworth and City of Moorhead as confidential, shall not be transmitted to any governmental agency or to the general public by City of Dilworth or City of Moorhead unless a ten-day notification is given to the user.
(G) Pretreatment.
(1) Users shall provide necessary wastewater treatment as required to comply with this section and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to City of Dilworth and City of Moorhead shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to City of Dilworth and City of Moorhead for review, and shall be acceptable to City of Dilworth and City of Moorhead before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to City of Dilworth and City of Moorhead under the provisions of this section. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to City of Dilworth and City of Moorhead prior to the user’s initiation of the changes.
(2) All records relating to compliance with pretreatment standards shall be made available by City of Dilworth or City of Moorhead to officials of the E.P.A. or M.P.C.A. upon request.
(H) Limitations or wastewater strength.
(1) National categorical pretreatment standards. National categorical pretreatment standards promulgated by the U.S. Environmental Protection Agency (E.P.A.) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this section unless City of Moorhead has applied for and obtained from the M.P.C.A. approval to modify the specific limits in the national categorical pretreatment standards. When requested, an application for modification of the national categorical pretreatment standards will be considered for submittal by City of Moorhead when City of Moorhead wastewater treatment system achieves consistent removal of the pollutants. CONSISTENT REMOVAL shall be defined as in 40 C.F.R. § 403.7(a)(1) of the General Pretreatment Regulations for Existing and New Sources of Pollution. Conditional revisions of national categorical pretreatment standards may be made by the City of Moorhead in accordance with 40 C.F.R. § 403.7(b)(2)(i-iv) of the General Pretreatment Regulations of Existing and New Sources of Pollution if requested by the industry(ies) in accordance with requirements of 40 C.F.R. § 403.7(b)(1)(i).
(2) State requirements. State requirements and limitations on discharges shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this section.
(3) Rights of revision. The City of Dilworth and City of Moorhead reserve the right to establish by code more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 52.03 of this subchapter.
(4) Dilution. No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained herein, contained in the federal pretreatment standards, or contained in any state requirements.
(5) Sludges generated. Sludges, floats, skimmings and the like, generated by an industrial or commercial pretreatment system shall not be placed into the Cities of Dilworth/Moorhead wastewater disposal system. Such sludges shall be contained, transported and disposed of by haulers in accordance with all federal, state and local regulations.
(I) Accidental discharges.
(1) Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this section. Necessary facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City of Dilworth and City of Moorhead for review, and shall be approved by the City of Dilworth and City of Moorhead before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this section.
(2) Accidental discharges of prohibited waste into the City of Dilworth wastewater collection system directly or through another disposal system, or to any place from which such waste may enter the City of Dilworth wastewater collection system shall be reported to the Cities of Dilworth/Moorhead by the person responsible for the discharge, or by the owners or occupants of the premises where the discharge occurs, promptly upon obtaining knowledge of the fact of such discharge.
(J) Basis for industrial wastewater charge.
(1) When an industrial waste discharged into the Cities of Dilworth/Moorhead wastewater disposal system has a total biochemical oxygen demand (TBOD) of 250 mg/l or greater or a total suspended solids (TSS) concentration of 250 mg/l or greater, or a rated flow of 25,000/50,000 gallons or more per day where the rated flow is:
(a) The daily design flow multiplied by 24 and divided by the actual hours of discharge in a single day; and
(b) Flow greater than 5% of the total daily design flow of the City of Moorhead wastewater disposal system, the normal waste charges shall be as stated in § 52.08 hereof.
(2) In the event where an industrial waste charge is applicable because of high strength waste, but the revenue generated using the charge method is less than the revenue generated based upon flow, then the user shall be charged the higher of the two rates.
(3) Whenever an industrial waste charge is determined to be applicable to an unusually high strength waste, the analysis of which indicates total biochemical oxygen demand and/or total suspended solids concentrations greater than the base values to 250 mg/l and 250 mg/l respectively, then the City of Moorhead shall apply the industrial charge to the waste of the person(s) discharging such waste or causing it to be discharged into its disposal system.
(4) Industrial waste charges attributable to this section and collected by the City of Moorhead shall be for and account of and payable to the City of Moorhead as compensation for the costs resulting from the discharge of such high strength waste.
(5) Discharges with TBOD5 concentrations between 1,000 and 1,500 mg/l and TSS concentrations between 500 and 1,000 mg/l are accepted only under a special contract or agreement with the City of Moorhead. Discharges above 1,500 mg/l TBOD5 and 1,000 mg/l TSS in significant volumes are prohibited. Property owners or tenants with abnormal sewage must install and maintain devices to sample, on a flow proportional basis, and continuously measure the wastewater flows. The City of Moorhead shall inspect for proper operation of the devices in regards to sample collection.
(Ord. 96-2, passed 3-27-1996) Penalty, see § 52.99