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Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article and in any wastewater discharge permit issued pursuant to this article shall have the meanings hereinafter designated.
ACT. The Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 U.S.C. §§ 1251 et seq.).
BTEX. The sum of the concentrations of benzene, toluene, xylene and ethyl benzene.
DIRECTOR. The director of the department of water or the director’s authorized representative. When used in the context of inspections and enforcement actions, the term also means the DIRECTOR of the department of environmental management or the director’s authorized representative.
DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.
INDIRECT DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
MAY. Permissive or discretionary.
PER- AND POLY-FLUOROALKYL SUBSTANCES (PFAS). The following group of synthetic chemicals used in industrial and consumer products which do not degrade easily in the environment: Perfluorooctanoic Acid (PFOA), Perfluorooctane Sulfonic Acid (PFOS), Perfluornonanoic Acid (PFNA), Perfluorohexane Sulfonate (PFHxS), Perfluorobutance Sulfonate (PFBS), and Perfluorohexanoic Acid (PFHxA).
SHALL. Mandatory.
TOTAL TOXIC ORGANICS (TTOs). The specific list for each categorical industry of the sum of the masses or concentration of the toxic organic compounds listed in 40 C.F.R. 122 Appendix D, Table II, excluding pesticides, found in industrial users’ discharge at a concentration greater than 0.01 mg/l. Only those parameters reasonably suspected to be present, if any, shall be analyzed for non-categorical industries. TTOs are specific to each particular federal category.
UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the user. An UPSET does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An affirmative defense to UPSET applies only in causes of action brought in federal court pursuant to § 12.5-677.1 of this code.
USER. A person is a source of an indirect discharge.
WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 4, passed 3-25-2003; Ord. 20043-01-2012, § 2, passed 1-10-2012; Ord. 26888-04-2024, § 1, passed 4-23-2024, eff. 5-3-2024)
This article sets forth uniform requirements for users of the POTW, to enable the city to comply with all applicable state and federal laws, including the Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 U.S.C. §§ 1251 et seq.) and the general pretreatment regulations (40 C.F.R. Part 403). The objectives of this article are:
(a) To prevent the introduction of pollutants into the POTW that will interfere with its operation;
(b) To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
(c) To protect the health and safety of both POTW personnel and the general public;
(d) To promote the reuse and recycling of industrial wastewater and sludge from the POTW;
(e) To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW;
(f) To provide for wastewater contracts between the city and other municipalities or extra-jurisdictional users who discharge to the POTW; and
(g) To enable the city to comply with its TPDES permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 17074, § 4, passed 7-25-2006)
(a) The director of the department of water and the director’s authorized representatives are authorized to administer, implement and enforce the provisions of this article. Additionally, the director of the department of environmental management and the director’s authorized representatives are authorized to make inspections pursuant to this article and to take enforcement action against violators.
(b) For the purpose of promoting consistency of enforcement throughout the city’s jurisdiction and service area, the director shall promulgate an enforcement response plan.
(c) The director shall have the authority to promulgate administrative regulations which are consistent with this article and which are necessary for the proper administration and enforcement of this article.
(Ord. 12274, § 1, passed 11-28-1995)
(a) The city council shall adopt a schedule of fees for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:
(1) Fees for wastewater discharge permits;
(2) Fees for monitoring, inspection and surveillance procedures including the cost of collecting and analyzing a user’s discharge and reviewing monitoring reports submitted by users;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
(4) Fees for filing appeals; and
(5) Other fees as the director may deem necessary to carry out the requirements contained within this article.
(b) Such fees shall relate solely to the matters covered by this Article VI and are separate from and in addition to all other fees, fines and penalties assessable by the city.
(c) The fee schedule may be amended from time-to-time as the city council deems reasonably necessary.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 17075, § 1, passed 7-25-2006)
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