ORDINANCE NO 24-14
AN ORDINANCE PERTAINING TO SEWER AND SEWAGE DISPOSAL; AMENDING SECTIONS 28-66, 28-71, 28-72, 28-104, 28-121, 28-122, 28-123, 28-124, 28-126, 28-127, 28-129, 28-130, 28-131, 28-134, AND 28-150 OF THE CODE OF THE CITY OF EMPORIA, KANSAS AND REPEALING SAID SECTION AS THEY EXISTED PRIOR TO ADOPTION OF THIS ORDINANCE.
BE IT ORDAINED by the Governing Body of the City of Emporia, Kansas;
Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
Act: The federal water pollution control act, also known as the clean water act, as amended, 33 USC 1251 et seq.
Approval Authority: The EPA or, if the pretreatment program has been formally delegated to the Kansas department of health and environment (KDHE), it shall mean the director of the division of environment of KDHE (either director or state director).
Approved POTW Pretreatment Program Or Program Or POTW Pretreatment Program: A program administrated by a POTW that meets the criteria established by 40 CFR, part 403, and which has been approved by a regional administrator or state director.
Authorized or Duly Authorized Representative of the User:
If the user is a corporation: The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.
If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
The individuals described in paragraphs 1 through 3, above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
BOD (Denoting Biochemical Oxygen Demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter.
Bond Fund: The bond fund for sewer system refunding revenue bonds, series of 1978, created by section II of the 1978 ordinance.
Bond Reserve Account: The reserve account for sewer system refunding revenue bonds, series of 1978, created by section II of the 1978 ordinance.
Bonds: The 1978 bonds and any bonds standing on a parity with the 1978 bonds.
Building Drain: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer.
Building Sewer: The extension from the building drain to the public sewer or other place of disposal, beginning five feet (5') (1.5 m) outside the inner face of the building wall.
Capital Charge: That portion of the total wastewater service charge which is levied for local capital costs, local investment in plant facilities and other local costs excluding operation, maintenance and replacement costs.
Categorical Pretreatment Standard: A national pretreatment standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new industrial users in specific industrial subcategories established as separate regulations under the appropriate subpart of 40 CFR, Chapter I, Subchapter N, Parts 401-471. These standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements set forth in 40 CFR, Part 403.
City shall mean the City of Emporia, Kansas.
City manager shall mean the city manager or his deputy, agent, or representative.
Compatible wastes shall mean wastes containing pollutants for which the POTW treatment plant was designed to treat and which are identified in the national pollutant discharge elimination system (NPDES) permit issued by the United States Environmental Protection Agency to the POTW treatment plant of the city.
Composite sample shall mean a timed sequential collection of equal volume or flow weighted grab samples combined in a single reservoir to minimize the effect of the variability of the individual samples.
Control authority means the public works director of the city.
Cooling water means the water discharged from any system of air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
Depreciation and replacement account shall mean the sewer system depreciation and replacement account established by Section II of the 1978 Ordinance.
Dry industry shall mean an industrial user that discharges only non-process segregated domestic wastes from sanitary conveniences only and is not a significant user of the wastewater treatment works.
EPA shall mean the United States Environmental Protection Agency.
Federal securities means obligations of the United States constituting a part of the invested sinking fund account.
Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
Grab sample shall mean a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
ICR shall mean industrial cost recovery.
Incompatible wastes shall mean waste containing pollutants not included in the definition of compatible wastes.
Indirect discharge or discharge means the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307 (b), (c), or (d) of the Act.
Industrial user or user means a source of indirect discharge.
Industrial waste shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
Interference means a discharge which, alone or in conjunction with the discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW, its treatment processes 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 (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.
Invested sinking fund account means the account by that name established in the bond fund by Section II of the 1978 Ordinance.
National pretreatment standard, pretreatment standard or standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR, section 403.5. Pretreatment Standards shall include prohibited discharge standards, categorical Pretreatment Standards, and Local Limits.
National pollutant discharge elimination system or NPDES permit or permit means a discharge permit issued to a POTW pursuant to Section 402 of the Act (33 U.S.C. 1342).
Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
New source means:
(1) 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 such source if such standards are thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility or installation is constructed at a site at which no other source is located;
b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. 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.
(2) Construction on a site at 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 paragraphs (1) (b) or (1) (c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
a. Begun, or caused to begin as a part of a continuous onsite construction program:
1. Any placement, assembly, or installation of facilities or equipment;
2. 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
b. 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 paragraph.
Operation and maintenance account shall mean the account established by this ordinance to provide for the operation, maintenance and replacement needs of the wastewater treatment system. This account shall receive all user charge revenues.
pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Pass through means 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 the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
Planning and zoning coordinator shall mean the supervisor of the planning and zoning division of the city, or his authorized deputy, agent or representative.
Pretreatment means 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). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or sludge floating that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR, Section 403.6(e), and this article.
Pretreatment requirements shall mean any substantive or procedural requirements (present or future) related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Principal and interest account means the account by that name in the bond fund created by Section II of the 1978 Ordinance.
Properly shredded garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
Publicly-owned treatment works or POTW means a treatment works as defined by Section 212 of the Act, which is owned by a state or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
POTW treatment plant means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
Public sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
Public Works Director shall mean the superintendent of public works of the city, or his authorized deputy, agent, or representative.
Regional administrator means the appropriate EPA regional administrator.
Revenues shall mean:
(i) All revenues, income, and rents accrued by the city from the ownership and operation of the sewer system and the proceeds of any insurance covering business interruption loss relating to the sewer system, and
(ii) All interest received on any movies or securities held pursuant to the 1978 Ordinance including investment income received after November 15, 1992, and available for transfer into the principal and interest account pursuant to Section 12(c) of the 1978 Ordinance, but excluding interest from the escrow account.
Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
Sanitary waste shall mean the wastes discharged from the average residential user in the service area.
Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwater as may be present.
Sewage treatment plant shall mean any arrangement of devices and structures used for treating sewage. (See also definition of POTW treatment plant.)
Sewage works shall mean all facilities for collecting, pumping, treating, and disposing of sewage. (See also definition of POTW.)
Sewer shall mean a pipe or conduit for carrying sewage.
Sewer fund shall mean the Sewer Fund established by Article IV of the 1978 Ordinance.
Significant noncompliance (SNC) means an industrial user violation which meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits defined as those in which sixty-six (66) percent or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
(2) Technical review criteria (TRC) violations, defined as those in which thirty-three (33) percent or more of all of the measurements for each pollutant parameter taken during a six- month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC. (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority 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 such 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-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(7) Failure to accurately report noncompliance.
(8) Any other violation or group of violations which the control authority determines will adversely affect the operation of implementation of the local pretreatment program.
Significant industrial user means:
(1) All industrial users subject to categorical pretreatment standards; and
(2) Any other industrial user that discharges an average of twenty-five thousand (25,000) gallons per day or more, of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the POTW; contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority 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.
(3) Upon a finding that an industrial user meeting the criteria in paragraphs (1) and (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, upon its own initiative or in response to a petition received from an industrial user or POTW, and with the consent of the approval authority, determine that such industrial user is not a significant industrial user.
Slug Discharge includes any Discharge of a non routine, 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 violate the POTW’s regulations, Local Limits or Permit conditions.
Storm drain (sometimes termed "storm sewer") shall mean a sewer which carried storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
Storm water shall mean any surface water resulting from any form of natural precipitation which may or may not be mixed with an accumulation of dirt, soil and other debris or substances collected from the surfaces on which such precipitation falls or flows.
Suspended solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the environmental protection agency under the provision of Section 307(a)(1) of the Act.
User charge shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment and collection system. The term is also referred to as treatment charge or service charge.
Wastewater is synonymous with sewage and the two (2) terms may be interchanged without altering the meaning of either.
Wastewater collection and treatment system shall mean a system including sanitary sewers, sewer mains, pump stations, processing and treatment facilities, holding ponds, etc., all used for the gathering, transporting and treating of wastewater prior to its re-entry into rivers, streams, or other bodies of water.
Watercourse shall mean a channel in which a flow of water occurs, whether continuously or intermittently.
1978 Bonds means the sewer system refunding revenue bond, series of 1978, dated May 15, 1978, authorized by Ordinance Number 892.
“Sec. 28-71. Inspections:
(a) The public works director and other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties and install necessary devices for the purposes of inspection, observation, records examination and copying, measurement, sampling and testing in accordance with the provisions of this article. Examination of records will be in accordance with section 28-131 of this chapter.
(b) While performing the necessary work on private properties referred to in subsection (a), the public works director or duly authorized employees of the city shall observe all safety rules applicable to the premises as established by the company and the company shall be held harmless for injury or death to the employees of the city and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage assessed against the company and growing out of the gauging and sampling operation except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 28-126 of this chapter.
(Code 1962, § 19-314; Ord. No. 963, § 1, 8-1-79; Ord. No. 84-30, § 2, 8-1-84; Ord. No. 91-11, § 2, 6-5-91; Ord. 24-14 § 1, _5-1-2024)”
Section 3: That Section 28-72 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Sec. 28-72. Violations and Enforcement:
(a) Any person found to be in violation of any provision of this article shall be served by the city with a written notice from the public works director stating the nature of the violation and shall become liable to the city for any expense, loss, or damage occasioned by such violation.
(b) Within thirty (30) days after the date of the notice, unless a shorter time is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted by the user to the public works director. If the violation is not corrected by timely compliance, or a satisfactory correction plan is not submitted within a reasonable time, the city may, through its control authority, suspend the wastewater treatment service and/or a wastewater or industrial wastewater discharge permit in order to stop an actual or threatened discharge which presents or may present, in the opinion of the public works director, an imminent or substantial endangerment to the health and welfare of persons, to the environment, causes interference to the POTW, pass-through or causes the city to violate any conditions of its NPDES permit. Provided, that if the violation entails a discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons the control authority shall take such action upon notice to the user as deemed necessary to immediately halt or prevent such discharge to the POTW.
Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of a person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewage connection, to prevent or minimize damage to the POTW or endangerment to any individuals.
(c) The city may order the user to show cause before the public works director why enforcement action should not be taken. A written notice shall be provided to the user specifying the time and place of a meeting, the reason why the action is proposed, and the proposed enforcement action. Based upon the evidence presented at the meeting, the public works director shall determine the appropriate enforcement action, if any, which should be taken. The public works director’s determination may be appealed to the city commission within ten (10) days after the public works director’s ruling. The commission shall fix a reasonable time for hearing the appeal and give written notice to the parties, stating the time and place for the hearing. The commission shall decide the appeal within a reasonable time and shall notify the parties of its decision.
(d) The city shall annually publish in the official city newspaper a list of the users which are in significant noncompliance. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months.
(e) The remedies and enforcement provisions set forth above shall be deemed independent and not exclusive of the other, and in addition to any other remedies, the city may institute injunction, mandamus, or other appropriate actions or proceedings with respect to any violation of any provision of this article; and further and in addition thereto, all industrial users shall be subject to assessment of a civil penalty of up to one thousand dollars ($1,000.00) per day, each and every day constituting a separate violation; for each violation of pretreatment standards and requirements set forth in this article, the city is authorized to seek enforcement of such penalty in any court of competent jurisdiction.
(f) In addition to any civil actions, remedies or enforcement provisions set forth above the POTW may access and seek criminal penalties for each violation by an industrial user of pretreatment standards and requirements of this article, such violation being deemed a Class A misdemeanor.
(g) Enforcement actions after violations of the Industrial Pretreatment Program. The city enforcement response policy for noncompliance applies to permit violations, monitoring and reporting violations after sampling or during site visits and includes but is not limited to:
Unpermitted discharge, exceedance of permit limits or local limits, permit violations, reporting violations, monitoring violations, improper sampling, failure to install monitoring equipment, falsification, tampering, or violation of compliance schedules.
The enforcement actions to the above violations may include but is not limited to:
Notice of violation requiring explanation and corrective action plan, compliance schedule, fine, civil action, criminal investigation, suspension or revocation of permit, termination of service, and publication of name of Industrial User and enforcement action taken.
Enforcement action will be taken by the Pretreatment Coordinator with assistance from the City Manager and/ or Public Works Director as needed.
Cross reference–Penalty for Class C misdemeanor, § 1-6.
“Sec. 28-104. Use Of Old Building Sewers:
“Sec. 28-121. Stormwater, Ground Water, Unpolluted Industrial Process Water, Etc. 1:
No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage (including interior and exterior foundation drains), uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the public works director and Kansas department of health and environment. Industrial cooling water or unpolluted process waters may be discharged on approval of the public works director and Kansas department of health and environment to a storm sewer or a natural outlet. (1962 Code, § 19-208(A); Ord. 963, § 1, 8-1-1979; Ord. 84-30, § 4, 8-1-1984; Ord. 24-14 § 1, 5-1-2024)”
Notes
1
1. See also article V of this chapter.
“Sec. 28-122. Certain Harmful Wastes Prohibited; Review Of Certain Discharges:
Users are prohibited from discharging into a POTW any substance or pollutant(s) which may cause pass-through or interference.
In no case shall a substance discharged to the POTW or POTW treatment plant cause the sewage works to be in noncompliance with sludge use or disposal criteria or regulations under section 405 of the act; any criteria or regulations affecting sludge use or disposal developed pursuant to the solid waste disposal act, the clean air act, the toxic substances control act, any future federal acts affecting sludge disposal, or state criteria applicable to the sludge management method being used.
(a) Subject to the preceding, no person shall discharge or cause to be discharged any of the following described water or wastes into a POTW:
(1) Any gasoline, benzene, naphtha, fuel, oil or other flammable or explosive liquid, solid, or gas, or other such pollutant which creates a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) or sixty degrees centigrade (60°C) using the test methods specified in 40 CFR, section 261.21.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quality, either singly or by interaction with other wastes, to injure or to cause interference with the POTW, constitute a hazard to humans or animals, to create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.
(3) Any waters or wastes having a pH lower than 5.0 or having any other corrosive property capable of causing damage or hazard to the POTW or personnel of the sewage works.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in the POTW resulting in interference, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, woods, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(5) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in an amount that will cause interference or pass-through.
(6) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(7) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
(8) Any waters or wastes having:
a. A five (5) day BOD greater than three hundred (300) parts per million by weight may result in the industrial user being assessed by a surcharge depending on frequency of exceeding expressed limits; or
b. Containing more than three hundred (300) parts per million by weight of suspended solids may result in the industrial user being assessed a surcharge depending on frequency of exceeding expressed limits; or
c. Containing more than one hundred fifty (150) parts per million by weight of fats, wax, grease, or oils, whether emulsified or not, may result in an industrial user being assessed a surcharge depending on the frequency of exceeding expressed limits; or
d. Having an average daily flow greater than five (5) percent of the sewer plant's design dry weather flow.
(b) Water or wastes controlled by subparagraph (a)(8) above shall be subject to the review of the public works director. Where necessary, in the opinion of the public works director, the owner shall provide, at his expense, such pretreatment as may be necessary to:
(1) Reduce the biochemical oxygen demand to three hundred (300) parts per million by weight; or
(2) The suspended solids to three hundred (300) parts per million by weight; or
(3) Decrease oil and grease to the acceptable limits of one hundred fifty (150) mg/l; or
(4) Control the quantities and rates of discharge of such wastes or waters.
Plans, specifications, and any other pertinent information relating to the proposed pretreatment facilities shall be submitted for the approval of the public works director as required in section 28.125 of this chapter, and no construction of such facilities shall be commenced until said approval is obtained in writing.
(c) The POTW is hereby authorized to develop and enforce specific limits to implement the general and specific prohibitions in 40 CFR, sections 403.5(a)(1) and 403.5(b).
The City is hereby authorized to develop and enforce specific pollutant limits to implement general and specific prohibitions mentioned in 40 CFR Part 403.5(a)(1) and 403.5(b), if deemed necessary to comply with the objectives presented in Section 28-123 of this Ordinance and to prevent pass though and interference. Technically based local limits mentioned below are specific discharge limits applicable to all Significant Industrial Users, using the City’s POTW.
Pollutant | MAHL Lbs./day | MAIL Lbs./day |
BOD* | 10920 | 5308 |
TSS* | 8904 | 2696 |
NH3 | 730 | 365 |
Arsenic, T | 0.450 | 0.420 |
Cadmium, T | 0.343 | 0.241 |
Cyanide | 2.098 | 1.916 |
Chromium, T | 9.883 | 9.795 |
Copper, T | 13.507 | 12.97 |
Mercury, T | .0.004 | 0.0 |
Molybdenum, T | 0.405 | 0.385 |
Nickel, T | 2.701 | 2.60 |
Selenium, T | 0.540 | 0.520 |
Silver, T | 6.274 | 6.227 |
Lead, T | 3.720 | 3.619 |
Zinc, T | 25.646 | 22.910 |
*BOD and TSS levels may be monitored by the City and extra strength surcharges may apply.
MAHL means Maximum Allowable Headworks Loading.
MAIL means Maximum Allowable Industrial Loading.
(Code 1962, § 19-208(B); Ord. No. 963, § 1, 8-1-79; Ord. No. 84-30, § 5, 8-1-84; Ord. No. 87-22, § 1, 8-5-87; Ord. No. 91-11, § 4, 6-5-91; Ord. 24-14 § 1, 5-1-2024)”
“Sec. 28-123. Discharges public works director may prohibit or regulate:
(a) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the public works director that such wastes can harm the POTW, have an adverse effect on the receiving stream, result in interference or pass through, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the public works director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius) or any wastewater having a temperature which will inhibit biological activity in the POTW resulting in interference. Under no circumstances shall wastewater have a temperature, upon introduction to the POTW treatment plant, greater than one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius), unless the approval authority, upon request of the POTW, approves alternate temperature limit.
(2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter (single) or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (zero and sixty-five (65) degrees Celsius).
(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the public works director.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc, any similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works creates inhibition of the biological activity.
(6) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the public works director as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life concentration as may exceed limits established by the public works director in compliance with applicable state or federal regulations.
(8) Any waters or wastes having a pH in excess of 10.5.
(9) Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or dissolved solids (such as, but not limited to sodium chloride or sodium sulfate);
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);
c. Unusual BOD, chemical oxygen demand, or chlorine requirements released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW; or
d. Unusual volume flow or concentration of waste constituting "slugs," as defined herein.
(10) 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 other agencies having jurisdiction over discharge to the receiving waters.
(11) Hauled Wastewater
A. Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent, and at such times as are established by the Superintendent. The Superintendent may require septic tank waste haulers to obtain individual wastewater discharge permits.
B. The Superintendent may require haulers of industrial waste to obtain individual wastewater discharge permits. The Superintendent also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this ordinance.
C. Industrial waste haulers may discharge loads only at locations designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable Standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
D. Industrial waste haulers must provide a waste tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
(12) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(a) If any waters or wastes are discharged or are proposed to be discharged to the POTW which waters contain the substances or possess the characteristics enumerated in subsection (b) and which, in the judgment of the public works director, may have a deleterious effect upon the POTW receiving waters, result in interference or pass through, or which otherwise create a hazard to life or constitute a public nuisance, the public works director may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for introduction to the POTW;
(3) Require control over the quantities and rates of introduction; and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
If the public works director 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 public works director, as required in section 28-125 of this chapter, and subject to the requirements of all applicable codes, ordinances and laws.
Section 8: That Section 28-124 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Sec. 28-124. Interceptors:
Grease, oil, and sand interceptors shall be provided when, in the opinion of the public works director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the public works director and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place shall be gastight and watertight.
Section 9: That Section 28-126 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Sec. 28-126. Control manhole:
When required by the public works director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans and in a location approved by the public works director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
Section 10: That Section 28-127 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Sec. 28-127. Analysis standards:
All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this article shall be performed in accordance with 40 CFR, Part 136, require the use of a laboratory certified by KDHE for analysis of all self-monitoring data or any compliance monitoring and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four-hours composite of all outfalls of the premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls whereas pHs are determined from periodic grab samples.)
Sample collection procedures are to be representative of the volume and nature of the discharge. All wastewater samples must be representative of the User’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. User must collect wastewater samples using 24 hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Superintendent. Where time proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
For sampling required in support of baseline monitoring and 90 day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements.
Permit sampling and Baseline monitoring will be arranged with the City Pretreatment Coordinator. Industries may choose to have the city sample the industrial wastewater to fulfill the permit conditions, however sampling will be done at the city personnel’s convenience. If an industry chooses to complete the sampling with their own personnel and equipment, they may do so as long as sample collection follows protocol and the analysis is completed by a certified laboratory. All results must be reported to the pretreatment coordinator.
Sampling (completed either by the city or the industry) all permit requirements will be done in accordance with each industry’s permit. Non-categorical industries will be sampled for each analyte on the permit at least once monthly. More samples may be collected as the city deems necessary. Parameters that are sampled for surcharge purposes (BOD and TSS) will be averaged if more than one sample per month is taken. Categorical industries will be sampled once per year as stated in each permit.
(Code 1962, § 19.208(H); Ord. No. 963, § 1, 8-1-79; Ord. No. 91-11, § 8, 6-5-91; Ord. 24-14 § 1, 5-1-2024)”
Section 11: That Section 28-129 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Sec. 28-129. Accidental discharge prevention and reporting procedures:
Each user, subject to the requirements of this article, shall provide protection from accidental discharge of prohibited materials or other substances required by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. Detailed plans, if required by the public works director, showing the facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city 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 article. In the case of an accidental discharge, it is the responsibility of the user to immediately notify the public works director of the incident. The notification shall include location of discharge, type of waste, concentration, volume and corrective actions.
(a) Within ten (10) working days following an accidental discharge, the user shall submit to the public works director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.
(b) A notice shall be permanently posted on the user's bulletin board or any other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
“Sec. 28-130. Industrial waste discharge permit:
Any industrial user subject to categorical pretreatment standards and/or pretreatment standards or requirements shall comply with section 28-122 and section 28-123 of the Code and all applicable federal pretreatment standards and amendments. In addition, the public works director’s office requires an industrial waste discharge permit for industrial users as follows:
(a) Permits. All such industrial users proposing to connect to or discharge into a public sewer must obtain an industrial waste discharge permit before connecting to or discharging into a public sewer. All existing industrial users connected to or discharging into a public sewer must apply for an industrial waste discharge permit within thirty (30) days after the effective date of this section if one has not already been issued.
(b) Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Superintendent to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
A. Individual wastewater discharge permits must contain:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to [the City] and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable Pretreatment Standards;
(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
(5) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the Discharge
(6) A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
(7) Requirements to control Slug Discharge, if determined by the Superintendent to be necessary.
(8) Any grant of the monitoring waiver by the Superintendent must be included as a condition in the User’s permit.
B. Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
(7) A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the individual wastewater discharge permit and
(8) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations.
(c) Permit application. Users seeking an industrial waste discharge permit shall complete and file with the city an application in the form prescribed by the public work director. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address and standard industrial classification number of applicant;
(2) Volume of wastewater to be discharged;
(3) Wastewater constituents and characteristics including but not limited to those mentioned in section 28-122 and/or section 28-123 as determined by a certified laboratory approved by the State of Kansas;
(4) Time and duration of discharge;
(5) Average and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations; if any;
(6) Description of activities, facilities and plant process on the premises including all materials, processes and types of materials which are or could be discharged;
(7) Permit application must be signed and certified by a duly authorized representative.
(8) Any other information as may be deemed by the public works director to be necessary to evaluate the permit application.
The public works director will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, an on-site inspection of the waste discharge system, other systems relating to the waste discharge system, treatment systems, and other related areas of the facility may be required. The public works director may require a compliance schedule or graduated timetable for improvements or installation of equipment for obtaining better wastewater quality or achieving established standards. The standards, schedules or timetables may be stated specifically in the permit or a separate written agreement between the city and the user. Failure to meet the standards, schedules or timetables stated therein can result in immediate revocation of permit.
(d) Permit conditions. Industrial waste discharge permits shall be subject to all provisions of this article and all other regulations, user charges and fees established by the city. The conditions of the permits shall be uniformly enforced by the public works director in accordance with this article, the City Code, and applicable state regulations and federal pretreatment standards or categorical pretreatment standards. In the event of conflict between local, state or federal regulations, the most stringent regulations shall be enforced by the public works director.
(1) Duration of permits. Permits shall be issued or reissued for a specific time period not to exceed five (5) years from the effective date of the permit. The user shall pay a minimum of one permit fee prior to issue or reissue of a permit. The public works director may set up a one-time pro rata billing on each user in order to establish a specific annual billing date for all permit holders. Unless the user chooses to pay more than a one-year permit fee at the time of issue or reissue, the user shall be billed annually. Each individual wastewater discharge permit will indicate a specific date upon which it will expire. The city shall notify the user at least thirty (30) days prior to expiration of the permit. The terms and conditions of the permit may be subject to modification and change by the city during the life of the permit as limitations or requirements are modified and changed. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(2) Transfer of permit. Industrial waste discharge permits are issued to a specific user for a specific operation. The permit shall not be reassigned, transferred, nor sold to a new owner, new user, different premises or a new or changed operation without the approval of the public works director.
(3) Suspension of permit. Any user who violates any of the following conditions, conditions of the permit or of this article or applicable state regulations and federal pretreatment standards or categorical pretreatment standards is subject to having his permit suspended:
(a) Failure of the user to factually report the wastewater constituents and characteristics of his discharge;
(b) Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
(c) Failure of the user to obtain prior approval of the public works director before changing or modifying its discharge;
(d) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or,
(e) Violation of conditions of the permit.
(f) Falsifying self monitoring reports and certification statements;
If an industrial user's permit is suspended, that user will be considered to be in violation of this section. Violators will be subject to the enforcement process outlines in section 28-72.
(e) Permit fee. An industrial waste discharge permit fee will be collected annually from all permittees at the time of permit issuance or renewal. Fees shall be based on the city's costs of operating the city's pretreatment program. Costs may include issuance of permits, inspection of facilities, sampling and testing and operation of the city's wastewater laboratory and salaries of personnel. Users may also be assessed an additional fee to cover the costs of monitoring their waste stream for compliance with this article following a violation.
(f) No industrial user shall discharge into a POTW without first obtaining a permit as provided by this section. The city reserves the right to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.
(Ord. No. 84-30, § 9, 8-1-84; Ord. No. 87-22, § 3, 8-5-87; Ord. No. 91-11, § 11, 6-5-91; Ord. 24-14 § 1, 5-1-2024)”
Section 13: That Section 28-131 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Sec. 28-131. Reporting requirements:
(a) Generally. After the effective date of a categorical pretreatment standard or after a final administrative decision made upon a category determination submission for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede any limitations imposed under this article. The public works director shall notify all affected users of the applicable reporting requirements under 40 CFR Section 403.12. Such users are required to submit reports as required by said section including, without limitation:
(1) Baseline monitoring reports (BMRs) (403.12(b));
(2) Compliance schedule progress reports (403.12(c));
(3) Reports on compliance with categorical deadline (403.12(d));
(4) Periodic compliance report (403.12(e));
(5) Notice of changed discharge (403.12(j)); and
(6) Reports from noncategorical industrial users (403.12(h)).
(b) Reports signed by a duly authorized representative. Permit applications, BMRs, ninety-day compliance reports, and periodic reports on continued compliance must be signed by a duly authorized representative of the industrial user. For the purposes of this paragraph a duly authorized representative means:
(1) By a responsible corporate officer, if the industrial user submitting the reports required is a corporation. 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 or decision-making functions for the corporation, or
(2) By a general partner or proprietor if the industrial user submitting the reports required is a partnership or sole proprietorship respectively.
(3) By a duly authorized representative of the individual designated in (b)(1) or (b)(2) of this section if:
a. The authorization is made in writing by the individual described in paragraphs (b)(1) or (b)(2);
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
c. The written authorization is submitted to the control authority.
(4) If an authorization under paragraph (b)(3) of this section 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 paragraph (b)(3) of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
(5) If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(c) Certification. All permit applications, BMRs, ninety-day compliance reports, and periodic reports on continued compliance shall contain and the person signing the report shall make the following certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(d) Reports of monitoring activities.
(1) Any industrial user subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section. Such records shall include for all sample:
a. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
b. The date analyses were performed;
c. Who performed the analyses;
d. The analytical techniques/methods used; and
e. The results of such analyses.
(2) Any industrial user subject to the reporting requirements established in this section shall be required to retain for a minimum of three (3) years, any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the director, the regional administrator, and the POTW. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the director or the regional administrator.
(3) If a User subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Superintendent, using the procedures prescribed in Section 6.11 of this ordinance, the results of this monitoring shall be included in the report.
(e) Notification of article violation. Any industrial user must notify the POTW if sampling performed by the industrial user indicates a violation of this article, any categorical pretreatment standard and/or pretreatment standard or requirement, or any other requirement under federal, state or local law within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and submit the results to the control authority within thirty (30) days after becoming aware of the violation.
(f) Availability of reports to officials. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or KDHE upon their request.
(g) Reports of hazardous waste.
(1) The industrial user shall notify the POTW, the EPA regional waste division director, and state hazardous waste authorities in writing of any discharge in the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number, and the type of discharge (continuous batch, or other). If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent that such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place within one hundred eighty (180) days of July 24, 1990, the effective date of this rule. Industrial users who commence discharging after the effective date of this rule shall provide the notification no later than one hundred eighty (180) days after the discharge of the listed or characteristic hazardous waste. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR, Section 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self monitoring requirements of 40 CFR, Section 403.12(b), (d), and (e).
(2) Dischargers are exempt from the requirements of this subsection during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR, Sections 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste the industrial user must notify the POTW, the EPA regional waste division director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
(4) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(h) Certification of Pollutants Not Present
Users that have an approved monitoring waiver must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the User.
Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR I certify that, to the best of my knowledge and belief, there has been no increase in the level of ______ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report.
The City may authorize an Industrial User subject to a categorical Pretreatment Standard to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the Industrial User has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the Discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the Industrial User. [see 40 CFR 403.12(e)(2)] This authorization is subject to the following conditions:
(1) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical Standard and otherwise includes no process wastewater.
(2) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
(3) In making a demonstration that a pollutant is not present, the Industrial User must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
(4) The request for a monitoring waiver must be signed in accordance with Section 1.4C, and include the certification statement in 6.14 A (40 CFR 403.6(a)(2)(ii)).
(5) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(6) Any grant of the monitoring waiver by the Superintendent must be included as a condition in the User’s permit. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Superintendent for 3 years after expiration of the waiver.
(i) Availability of reports to public and other governmental agencies. Except as provided in paragraph (f) of this section, information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public and other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to other governmental agencies upon written request for uses related to this article, the NPDES permit, the pretreatment programs or for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information, accepted by the city as confidential, shall not be transmitted to the general public or any governmental agency (other than KDHE or EPA as set forth in paragraph (f)) until or unless a ten-day notification is given to the user.
(Ord. No. 84-39, § 10, 8-1-84; Ord. No. 91-11, § 12, 6-5-91; Ord. 24-14 § 1, 5-1-2024)”
Section 14: That Section 28-134 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Sec. 28-134. Spill Control Plan:
The control authority shall inspect and sample the effluent from each significant industrial user at least once a year. Additionally, the control authority shall evaluate, at least once every two (2) years, whether each such significant industrial user needs to submit a spill control plan. The results of such activities shall be available to the approval authority upon request. If the POTW decides that a spill control plan is needed, the significant industrial user shall prepare, subject to the approval of the control authority, and implement the plan and it shall contain, at a minimum, the following elements:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of any stored chemicals;
(3) Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR section 403.5(b), with procedures for follow up written notification within five (5) days;
(4) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
(5) Reports of Changed Conditions. Each User must notify the Superintendent of any significant changes to the User’s operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
A. The Superintendent may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an updated wastewater discharge permit application.
B. The Superintendent may issue an individual wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.
C. Significant Industrial Users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a Slug Discharge. (Ord. 91-11, § 15, 6-5-1991; Ord. 24-14 § 1, 5-1-2024)”
Section 15: That Section 28-150 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Sec. 28-150. Exception to Scheduled Charges:
Exceptions to scheduled charges shall be as follows:
(1) If the owner or party to whom the sewer charges are made alleges a portion of the water used does not enter the city's wastewater system, they may request a special billing under the following conditions:
a. By making a written request for special billing to the public works director or the city clerk and the payment of a one hundred dollar ($100.00) annual special billing fee; and
b. The installation of a separate city-approved meter installed and maintained by the user at the user's expense; or by auditable records approved by the public works director and kept and maintained by such user at the user's expense and filed with the public works director at such interval as the city may require for his inspection and use in determining the amount of wastewater actually discharged.
c. A third party calibration shall be performed annually, and the results submitted to the city.
d. The user shall submit monthly readings, with photo of meter reading, to the city’s finance director and allow city staff to verify reading semi-annually.
The quantity charges for such premises, including, to the extent applicable, the volume component under the formula established under section 28-149 of this division, shall be based on the amount of such water which is actually discharged into the city's wastewater collection and treatment system, provided the wastewater is not being improperly disposed of in some manner.
(2) If the amount of water actually discharged into the city's wastewater collection system is at least ten percent (10%) less than the amount of water usage, the city manager or his designee shall have the right to waive any fees and expense reimbursement established under subsection (1) of this section. No differentiation between the amount of water usage and the discharge into the wastewater collection system shall entitle the user to any rebate of scheduled charges or surcharges it being the responsibility of the user to request any exception to the charge calculations.
(3) Water, as measured by separate meter and used only for the operation of lawn sprinkling systems on the premises and from which no other outlet is provided, shall not be included in the determination of wastewater collection and treatment charges for the premises. (1962 Code, § 19-311; Ord. 963, § 1, 8-1-1979; Ord. 98-20, § 1, 7-1-1998; Ord. 24-14 § 1, 5-1-2024)”
Section 16. That Sections 28-66, 28-71, 28-72, 28-104, 28-121, 28-122, 28-123, 28-124, 28-126, 28-127, 28-129, 28-130, 28-131, 28-134, and 28-150 of the Code of the City of Emporia, Kansas as it existed prior to the adoption of this ordinance is hereby repealed.
Section 17. This ordinance shall take effect on June 1, 2024 and after its publication in the official city newspaper.
Section 18. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Emporia, Kansas as an addition or amendment thereto and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
PASSED AND APPROVED by the Governing Body of the City of Emporia, Kansas, this 1st day of May 2024.
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Danny Giefer, Mayor
ATTEST:
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Kerry Sull, City Clerk