(A) Charges levied pursuant to this subchapter shall be collected by the Public Works Department. The Public Works Director shall make and enforce such rules and regulations as may be deemed necessary for the safe, economical, and efficient management and protection of the town’s sewerage system and for the construction and use of the sewers and connections to the sewerage system. Sewer design and construction and infiltration and exfiltration test shall conform to Maricopa Association of Governments specifications, as same may be amended from time to time. The regulation, collection, rebating, and refunding of such sewer charges shall be the responsibility of the Management Services Department. The Public Works Director shall have the authority to deny or condition new sources of sewage or increases from existing sources to the sewerage system.
(B) The Director shall have the authority to regulate the volume and flow rate of discharge to the sewage works, and to establish permissible limits of concentration for various specific substances, materials, waters, or wastes that are prohibited from entering the sewage works.
(C) The admission into the public sewers of any waters or waste having:
(1) A five-day biochemical oxygen demand greater than 300 milligrams per liter by weight;
(2) Containing more than 350 milligrams per liter by weight of suspended solids;
(3) Containing any quantity of substances having the characteristics described in § 50.040; or
(4) Having an average daily flow of greater than 25,000 gallons shall be subject to the review and approval of the Director.
(D) The Director shall impose charges on any user of the town’s sewage works who discharges wastes having a strength greater than normal sewage or containing nonpermissible quantities or prohibited substances into the public sewer system. The charges so imposed shall be based on the extra costs incurred by the town in surveillance, sampling and testing of the discharges, for additional operating and maintenance expenses, or for any other action required to identify, handle, process, or supplement normal activities due to the unauthorized discharge of excessive strength or unusual character wastes, plus overhead charges. Failure by a user so charged to pay the charges and to provide such corrective measures as may be required to prevent further unauthorized discharges, after due notice by the Director and being given a reasonable time to comply, shall be sufficient cause to discontinue sewer service to the premises.
(E) (1) Inspections of every facility that is involved, either directly or indirectly, with the discharge of waste water to the town’s sewage system may be made by the Public Works Director or his or her designate as he or she deems necessary.
(2) These facilities shall include, but not be limited to, sewers; sewage pumping plants; pollution control plants; all industrial processes; industrial waste water generation, conveyance, and pretreatment facilities; devices and connecting sewers; and all similar sewage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this subchapter.
(3) Access to all of the above facilities or to other facilities directly or indirectly connected to the town’s sewage systems shall be to authorized personnel of the town at all reasonable times, including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Director or his or her designate, and shall not be replaced.
(4) If consent to inspect has been sought and refused, or if facts or circumstances reasonably justify a failure to seek such consent, the Director shall follow the procedures to obtain a search warrant.
(F) The Director shall issue or amend as applicable industrial user permits within 60 days of receiving the application for such permit or amended permit. Once issued, a permit:
(1) Will be for a period of time not to exceed two years. A permit may be terminated by revocation by the Director or upon voluntary surrender of the permit by the permittee at an earlier date;
(2) Is not transferable by the permittee; and
(3) Will specifically identify all applicable discharge prohibitions and limitations which the Director will enforce.
(G) The Director shall receive and analyze all self-monitoring reports and notices submitted by industrial users.
(H) The Director shall randomly sample and analyze effluent from POTW users and conduct those surveillance and inspection activities needed to identify, independently of any information supplied by users, occasional or continuing noncompliance with any categorical standard or pretreatment required.
(I) The Director shall investigate instances of noncompliance with any categorical standard of pretreatment requirement when notice of any actual or probable noncompliance has been received by the Director or any representative of the Director.
(J) The Director shall notify POTW users of noncompliance with categorical standards or pretreatment requirements discovered by the Director. Such notice shall also contain a demand for any appropriate corrective action, which is necessary to meet the applicable requirements of this subchapter. Any POTW user will be allowed opportunity to respond to an order of the Director before any enforcement action against such user is initiated. Where there is endangerment of the health and welfare of persons, however, the Director may halt or prevent a discharge without providing opportunity to respond to any such order.
(K) The Director shall comply with the public participation requirements of 40 C.F.R. part 105 in connection with the town’s enforcement of any categorical standard.
(L) The Director shall impose appropriate penalties for noncompliance with any of the requirements of this subchapter. Such penalties may include any or all of the following:
(1) Suspension or revocation of any industrial user permit for the failure of an industrial user to comply with the pertinent requirements of such permit;
(2) Termination of POTW services;
(3) Restricting or otherwise limiting allowable discharges; and/or
(4) Requesting that the Town Attorney commence criminal and/or civil action against any user violating any requirement of this subchapter.
(M) The Director shall:
(1) Determine which actual or threatened discharge to the POTW will cause interference with the POTW or will present, or may present, an imminent or substantial endangerment to the health or welfare of any person and/or the environment;
(2) Abate any actual or threatened discharge which would violate any categorical standard or pretreatment requirement imposed by this subchapter. In the minimum, the Director will be able to promptly plug or disconnect any sewer service connected to the POTW; and
(3) Correct or mitigate any injury to the environment, the POTW, or to any other property as a result of any discharge in violation of a categorical standard or pretreatment requirement imposed by this subchapter.
(N) The Director shall annually publish, in the largest daily newspaper published in the town, public notice of all industrial users who at least once during the preceding 12-month period were not in substantial compliance with any categorical standard or pretreatment requirement imposed by this subchapter. This same notice shall also summarize all enforcement actions taken by the town during the same 12-month period.
(O) The Director shall provide all POTW users with notice of:
(1) Applicable changes in federal and state law governing the disposal/reuse of pollutants produced by any industrial user, regardless of whether or not such pollutants are disposed of by discharge to the POTW; and
(2) The adoption of, and any substantial amendment of, this subchapter. In addition, the Director shall file with the Town Manager/Clerk three copies of all federal statutes and regulations cited by this subchapter in order to allow regulated users adequate opportunity to be informed of the applicable federal requirements incorporated in this subchapter by reference.
(Ord. 89-07, passed 8-24-1989)