CHAPTER 2: USE OF PUBLIC SEWERS
Section
   8-2-1   Definitions
   8-2-2   General sewer use requirements
   8-2-3   Pretreatment of wastewater
   8-2-4   Wastewater discharge permit issuance process
   8-2-5   Reporting requirements
   8-2-6   Compliance monitoring
   8-2-7   Confidential information
   8-2-8   Publication of industrial users in significant non-compliance
   8-2-9   Administrative enforcement remedies
   8-2-10   Judicial enforcement remedies
   8-2-11   Supplemental enforcement action
   8-2-12   Pretreatment charges and fees
§ 8-2-1 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
   ABBREVIATIONS.
      (1)   C.F.R. Code of Federal Regulations.
      (2)   NPDES. National Pollutant Discharge Elimination System.
      (3)   RCRA. Resource Conservation and Recovery Act.
      (4)   SWDA. Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.).
      (5)   U.S.C. United Stated Code.
   ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
   AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER. A responsible corporate officer or manager, a partner, proprietor or representative as defined in 40 C.F.R. § 403.12(1).
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter (mg/l).
   CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with § 307 (b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear in 40 C.F.R. Chapter I, Subchapter N, parts 405 through 471.
   COLOR. The optical density at the visual wave length of maximum absorption, relative to distilled water.
   COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
   ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency.
   EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.
   GRAB SAMPLE. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
   INDUSTRIAL USER. A source of pollutants introduced into the POTW from any non-domestic source regulated under § 307 (b), (c) or (d) of the Act.
   INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources:
      (1)   Inhibits or disrupts the POTW, its treatment processes or operations or its sludge process, use or disposal; and
      (2)   Therefore, is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder: § 405 of the Clean Water Act (CWA), being 33 U.S.C. § 1345; the SWDA, including Title II (RCRA), being 42 U.S.C. §§ 6901 et seq.; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act, being 42 U.S.C. §§ 7401 et seq.; and the Toxic Substance Control Act, being 15 U.S.C. §§ 2601 et seq.
   MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood by-products, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
   NEW SOURCE. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commences after the publication of proposed pretreatment standards under § 307(c) of the Act which will be applicable to such source if such standards are therefore promulgated in accordance with that section.
   NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product or finished product.
   PASS THROUGH. A discharge which exits the POTW into waters of the U.S. in quantities or concentration which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit (including an increase in the magnitude or duration of a violation).
   PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities.
   pH. A measure of the acidity or alkalinity of a substance, expressed in standard units.
   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural or industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor).
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutants properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
   PRETREATMENT STANDARDS or STANDARDS. Pretreatment standards shall mean prohibitive discharge standards, categorical pretreatment standards and local limits.
   PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances: these prohibitions appear in § 8-2-2(A) of this chapter.
   PUBLICLY OWNED TREATMENT WORKS (POTW). A “treatment-works” as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned by the municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
   SEPTIC TANK WASTE. Any sewerage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
   SEWAGE. Human excrement and gray water (household showers, dishwashing operations and the like).
   SHALL; MAY; TENSES. “Shall” is mandatory; “may” is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
   SIGNIFICANT INDUSTRIAL USER. Applies to:
      (1)   Industrial users subject to categorical pretreatment standards; and
      (2)   Any other industrial user that:
         (a)   Discharges an average of 25,000 gpd or more of process wastewater;
         (b)   Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
         (c)   Is designated as significant by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POW’s operation or for violating any pretreatment standard or requirement.
   SLUG LOAD. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards of this chapter or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non- customary batch discharge.
   STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
   STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt.
   SUPERINTENDENT. The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter or his or her duly authorized representative.
   SUSPENDED SOLIDS. Solids that either float on the surface or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
   TOXIC POLLUTANT. One of 126 pollutants or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of § 307 (33 U.S.C. § 1317) of the Act.
   TREATMENT PLANT EFFLUENT. Any discharge of pollutants from the POTW into waters of the state.
   WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwelling, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.
   WASTEWATER TREATMENT PLANT or TREATMENT PLANT. The portion of the POTW designed to provide treatment of sewage and industrial waste.
(Ord. C-172, passed 9-7-1993)
§ 8-2-2 GENERAL SEWER USE REQUIREMENTS.
   (A)   Prohibited discharge standards. No industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all industrial users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirement. Furthermore, no industrial user shall contribute the following substances to the POTW:
      (1)   Pollutants which create a fire or explosive hazard in the Municipal wastewater collection and POTW, including but not limited to waste streams with a closed-cup flashpoint of less than 140°F or 60°C using the test methods specified in 40 C.F.R. § 261.21;
      (2)   Any wastewater having a pH less than 5.0 or more than 9.5, or otherwise causing corrosive structural damage to the POTW or equipment, or endangering city personnel;
      (3)   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;
      (4)   Any wastewater containing pollutants, including oxygen demanding pollutants (BOD and the like), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the POTW; or any wastewater treatment or sludge process, or which will constitute a hazard to humans or animals;
      (5)   Any wastewater having a temperature greater than 150°F or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F or 40°Ce;
      (6)   Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass through;
      (7)   Any 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;
      (8)   Any trucked or hauled pollutants, except at discharge points designated by the city;
      (9)   Any noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life or to prevent entry into the sewers for maintenance and repair;
      (10)   Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent thereby violating the city’s NPDES’s permit;
      (11)   Any wastewater containing any radioactive wastes or isotopes, except as specifically approved by the Superintendent in compliance with applicable state or federal regulations;
      (12)   Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent;
      (13)   Any sludges, screenings or other residues from the pretreatment of industrial wastes;
      (14)   Any medical wastes, except as specifically authorized by the Superintendent;
      (15)   Any wastewater containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed and causes the treatment plant effluent to violate the city’s NPDES permit or causes the treatment plant effluent to fail a toxicity test;
      (16)   Any wastes containing detergents, surface active agents or other substances which may cause excessive foaming in the POTW;
      (17)   Any water or waste containing fats, wax, grease or oils, whether emulsified or not in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F;
      (18)   Any wastes which cause unusual concentrations of inert suspended solids or inert dissolved solids;
      (19)   Any unusual volume of flow or concentration of wastes constituting a “slug load”, as defined herein;
      (20)   Any water or waste waters not in compliance with national categorical pretreatment standards as defined in § 8-2-1 of this chapter; and
      (21)   Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user’s pretreatment facility before connecting with the POTW.
   (B)   Influent limits. The maximum influent limits shall not exceed those limits as established in the pretreatment program manual at Table 8, page 18, as adopted by the City Council.
   (C)   Dilution. No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement.
   (D)   Special agreement. The city reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement.
   (E)   City’s right of revision. The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives of this chapter or the general and specific prohibitions in this chapter. The Superintendent shall have the authority to develop local limits based on the maximum allowable headworks loadings (MAHL) and the authority to apply these limits in industrial user discharge permits.
(Ord. C-172, passed 9-7-1993)
§ 8-2-3 PRETREATMENT OF WASTEWATER.
   (A)   Provision of necessary wastewater treatment. Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 8-2-2 of this chapter within the time limitations specified by the EPA, the state or the Superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, continuously operated and maintained at the industrial user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be approved, in writing, by the city before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter.
   (B)   Restriction of discharge. Whenever deemed necessary, the Superintendent may require industrial users to restrict their discharge during peak flow periods, to install and maintain a suitable storage and flow control facility to ensure equalization of flow, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams and such other conditions as may be necessary to protect the POTW and determine the industrial user’s compliance with the requirements of this chapter.
   (C)   Interceptors and bar screens. Grease, oil and sand interceptors and bar screens shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amount of grease and oil, sand or screenings; except that, such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly as needed, by the owner at his or her expense.
   (D)   Combustible gas detection meter. Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
   (E)   Slug control plan. The Superintendent may require any industrial user to develop a slug control plan which outlines discharge practices, describes stored chemicals and contains procedures both to notify the treatment plant immediately and to prevent adverse impacts from any accidental or slug discharges.
   (F)   Hauled wastewater.
      (1)   Septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment plant area, and at such times as are established by the Superintendent; provided, such wastes do not violate this chapter or any other requirements established or adopted by the city. The Superintendent may issue discharge permits for individual vehicles to use such facilities and may require the completion of records to establish the origin of and the constituents in the hauled waste.
      (2)   The discharge of hauled industrial wastes as “industrial septage” requires prior approval from the city. The Superintendent shall have authority to prohibit the disposal of such wastes or any other hauled wastes if such disposal would interfere with the treatment plant operation. Waste haulers are subject to all other sections of this chapter.
      (3)   Fees for dumping septage or other hauled wastes and fees for analyzing such wastes may be established by the Superintendent in conjunction with the sewer rate system provisions in § 8-7-2 of this code of ordinances.
   (G)   Tenant responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this chapter.
   (H)   Vandalism. No person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter.
   (I)   Pollution control equipment. An industrial user defined as a “new source” shall install and have in operating condition and shall “start up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within 90 days, new sources must meet all applicable pretreatment standards.
(Ord. C-172, passed 9-7-1993)
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