7-3-4: USE OF THE PUBLIC SEWERS:
   A.   No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any sewer.
   B.   No user, whether or not subject to national categorical pretreatment standards, shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater that may interfere with the operation or performance of the wastewater utility or pass through the treatment facility untreated including, but not limited to, any of the following water or wastes to any public sewers:
      1.   Any pollutants which create a fire or explosion hazard in the wastewater utility, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) using the test methods specified in 40 Code of Federal Regulations (CFR) 261.21. Prohibited materials include, without limitation, gasoline, fuel oils, mineral oil, lubricating oil, benzene, naphtha, ethers, carbides, perchlorates and xylene.
      2.   Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, 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 or have an adverse effect on the waters receiving any discharge from the treatment works.
      3.   Any waters or wastes having a pH lower than 5.5,or higher than 10.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater system.
      4.   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities.
      5.   Any waters emanating from a private wastewater treatment system such as septic tanks, cesspools or other private wastewater treatment systems.
      6.   Any pollutant, including oxygen demanding pollutants (e.g., BOD), released in a discharge at a flow rate and/or pollutant concentration which will interfere with the ability of the wastewater utility to meet MPDES permit requirements; or that exceeds the limitations set forth in a national categorical pretreatment standard.
   C.   The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The city may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the city are as follows:
      1.   Wastewater having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) (65°C) or heat in amounts which will inhibit biological activity in the wastewater treatment facility resulting in interference, but in no case heat in such quantities that the temperature at the wastewater treatment facility exceeds one hundred four degrees Fahrenheit (104°F).
      2.   Wastewater containing more than twenty-five milligrams per liter (25 mg/l) of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.
      3.   Wastewater from industrial plants containing floatable oils, fats or grease in excess of (25 mg/l).
      4.   Any garbage that has not been properly shredded (see definition, section 7-3-1 of this chapter). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
      5.   Any waters or wastes containing heavy metals and similar objectionable or toxic substances to such degree that causes treatment or operational difficulties, in accordance with the requirements of 40 CFR 403.5(c) and (c).
      6.   Any waters or wastes containing odor producing substances exceeding limits which may be established by the superintendent.
      7.   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the city in compliance with applicable state or federal regulations.
      8.   Quantities of flow, concentrations, or both which constitute a "slug" as defined in section 7-3-1 of this chapter.
      9.   Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
      10.   Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious or toxic gases in a quantity that may cause acute worker health and safety problems, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
      11.   Any waters or wastes with a reasonable potential to adversely affect the POTW, including its effluent and biosolids.
   D.   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection D of this section, and which in the judgment of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may:
      1.   Reject the wastes;
      2.   Require pretreatment to an acceptable condition for discharge to the public sewer as described in section 7-3-11 of this chapter;
      3.   Require flow equalization control over the quantities and rates of discharge; and/or
      4.   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of subsection J of this section.. If the City of East Helena permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city.
   E.   No person operating a filling station, garage, or similar place having wash or grease racks shall discharge to the public sewer unless such place is provided with a sand and grease trap of a size and construction as required by the current edition of the uniform plumbing code or plumbing regulations in effect at the time. No person operating a restaurant or food preparation establishment that discharges wastewater containing greater than one hundred milligrams per liter (100 mg/l) of oil and grease or that has a recurring problem with grease buildup or blockage of wastewater lines shall fail to install an adequate grease trap. All sand and grease traps shall be properly maintained and serviced at the owner's expense. Records of maintenance and service shall be made available to the city upon request by the city.
   F.   Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.
   G.   When required by the city, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structures, when required, are required to meet all current building codes and meet City of East Helena Engineering, Zoning and building standards.
      1.   The monitoring facility shall normally be situated outside the building on the user's premises. All domestic wastewaters from restrooms, showers, drinking fountains, etc., shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through a monitoring facility.
      2.   There shall be ample room in or near such monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis. The industrial user shall maintain the facility and all sampling and measuring equipment at all times in a safe and proper operating condition at the industrial user's expense.
      3.   Whether constructed on public or private property, the industrial user shall construct the sampling and monitoring equipment and facilities in accordance with monitoring requirements and all applicable local construction standards and specifications within sixty (60) days following written notification by the city or before final inspection approval.
      4.   All industrial users shall obtain a written permit with the citys approval for all sampling and measuring equipment prior to its installation or use. All measuring, tests, and analyses and all sampling shall be at the expense of the industrial user.
   H.   The city may require a user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include:
      1.   Wastewaters' discharge peak rate and volume for hour, day, month, and year.
      2.   Chemical analyses of wastewaters.
      3.   Information on raw materials, processes, and products affecting wastewater volume and quality.
      4.   Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
      5.   A drawing of the user's property showing sewer and pretreatment facility location.
      6.   Details of wastewater pretreatment facilities.
      7.   Details of system to prevent and control the losses of materials through spills to the Municipal sewer.
      8.   A slug prevention plan, including a spill prevention plan where appropriate, when a significant industrial user has a potential to discharge slugs or spills. Where a slug prevention plan is required, the industrial user shall update the plan every two (2) years and ensure that the plan contains at least the minimum elements required in 40 CFR 403.8(f)(2)(v).
   I.   All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be based on approved methods and approved in writing by the city.
   J.   The city may execute an agreement with a facility discharging to the POTW which provides special provisions on pollutant levels, flow rates, and pretreatment if the city finds that:
      1.   The industrial user is making reasonable progress toward eliminating the violation;
      2.   Acceptance of the discharge does not adversely affect the wastewater utility nor cause violation of the city's MPDES discharge permit and applicable federal and state laws, or national categorical pretreatment standards.
      3.   The industrial user agrees to a compliance schedule including milestones with specific dates which will bring the industrial user into compliance with this chapter within a reasonable time frame. (Ord. 150, 7-20-1982; amd. Ord. 214, 11-18-1997; Ord. 279, 4-19-2022)