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13.05.010: GENERAL PROVISIONS:
   A.   Purpose And Policy: This chapter sets forth uniform requirements for users of the city wastewater collection system and publicly owned treatment works (POTW) for the city of Hailey and enables the city to protect public health and to comply with all applicable local, state and federal laws, including the clean water act (33 USC section 1251 et seq.) and the general pretreatment regulations (40 CFR part 403).
   B.   Objectives: The objectives of this chapter are:
      1.   To prevent the introduction of pollutants into the POTW which will interfere with the normal operation of the system and the use and disposal of the resulting municipal sludge;
      2.   To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the system;
      3.   To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;
      4.   To improve the opportunity to recycle and reclaim wastewater and sludge from the system and to ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;
      5.   To allow the city to control wastewater inflow and to require users of the POTW with unacceptable effluents to pretreat those effluents for the removal of unacceptable compounds.
   C.   Regulations: This chapter provides for the regulation of discharges into the POTW and shall apply to all users of the POTW. This chapter authorizes the issuance of pretreatment discharge permit; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This chapter does not provide for recovery of operations, maintenance or replacement costs of the POTW, or the costs associated with the construction of collection and treatment systems used by industrial users, in proportion to their use of the POTW, which are the subject of other provisions set forth in this title.
   D.   Administration: Except as otherwise provided herein, the POTW director, public works director, wastewater division head or their designee shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the POTW director, public works director or wastewater division head may be delegated when appropriate to other city personnel. (Ord. 1086 §§ 1 - 5, 2011; Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
13.05.020: ABBREVIATIONS:
The following abbreviations shall have the designated meanings:
   ASPP: Accidental spill prevention plan.
   BOD: Biochemical oxygen demand.
   CFR: Code of federal regulations.
   COD: Chemical oxygen demand.
   EPA: U.S. environmental protection agency.
   gpd: Gallons per day.
   l: Liter.
   mg: Milligrams.
   mg/l: Milligrams per liter.
   NPDES: National pollutant discharge elimination system.
   O&M: Operation and maintenance.
   POTW: Publicly owned treatment works.
   RCRA: Resource conservation and recovery act.
   SIC: Standard industrial classification.
   SIU: Significant industrial user.
   SU: Sewer user.
   SWDA: Solid waste disposal act (42 USC 6901 et seq.).
   TSS: Total suspended solids.
   TTO: Total toxic organics.
   USC: United States Code. (Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
13.05.030: DEFINITIONS:
ACT: The federal water pollution control act, also known as the clean water act of 1972, 33 USC 1251 et seq., as amended.
APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, the "applicable pretreatment standards" shall include the following:
   A.   General discharge prohibitions;
   B.   The city's specific limitations on discharge as set forth in this chapter, the NPDES permit or other local ordinance;
   C.   State standards;
   D.   Categorical pretreatment standards promulgated by the EPA, or other applicable federal standards or regulations, when effective. Where several standards apply, the most stringent standard shall govern.
AUTHORIZED REPRESENTATIVE OF THE USER: A. If the user is a corporation: the president, secretary, treasurer, vice president or board of directors 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
   B.   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively;
   C.   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 his/her designee.
The individuals described in subsections A through C of this definition may designate another authorized representative, if the authorization is in writing and is submitted to the city, and if 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, organization and/or agency.
BEST MANAGEMENT PRACTICES OR BMPs: Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in section 403.5(a)(1) and (b) of the act. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees centigrade (20oC), usually expressed as a concentration (milligrams per liter, mg/l).
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act (33 USC 1317), which apply to a specific category of users and which appear in 40 CFR ordinance I, subchapter N, parts 405-471.
CATEGORICAL USER: A user covered by one of the federal EPA categorical pretreatment standards.
CITY: The city of Hailey.
CITY COUNCIL: The duly elected legislative branch of local government of the city of Hailey, Idaho.
COLOR: The optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.
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.
COOLING WATER OR NONCONTACT COOLING WATER: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product. Cooling water can be discharged from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.
DOMESTIC USER (RESIDENTIAL USER): Any person and/or residential dwelling unit who contributes, causes or allows the contribution of wastewater into the Hailey POTW at a similar volume and/or chemical makeup generally accepted as that of a residential dwelling unit. Users from a residential dwelling unit typically include up to one hundred (100) gallons per capita per day, 0.2 pound of BOD per capita and 0.17 pound of TSS per capita and contain no other substances that may be harmful to the POTW or to city personnel. A domestic user shall exclude users with nontypical discharges and/or spill potential to the Hailey POTW. Such nontypical users shall be treated as "user" for the purposes of this chapter.
ENVIRONMENTAL PROTECTION AGENCY (EPA): The environmental protection agency or, where appropriate, 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 publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act.
EXISTING USER: For noncategorical users, any user which is discharging wastewater prior to the effective date of the ordinance codified herein.
GRAB SAMPLE: A sample which is taken from a waste stream which is representative of a specific time and place without regard to flow.
INDIRECT DISCHARGE OR DISCHARGE: The introduction of pollutants into the POTW from an nondomestic source regulated under section 307(b), (c) or (d) of the act. This discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches and all constructed devices and appliances appurtenant thereto.
INDUSTRIAL WASTE: Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
INTERFERENCE: A discharge which alone or in conjunction with discharges from other sources, either:
   A.   Inhibits or disrupts the POTW, its treatment processes or operations;
   B.   Inhibits or disrupts the POTW's sludge processes, use or disposal; or
   C.   Is a cause of a violation of any requirement of the city's NPDES permit, or to the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations, permits issued thereunder, or more stringent state or location regulations: section 405 of the clean water act; the federal solid waste disposal act (SWDA) (including title II, more commonly referred to as the resource conservation and recovery act (RCRA)); the federal clean air act; the federal toxic substances control act; and state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA, or in compliance with any other applicable federal legislation.
MAXIMUM ALLOWABLE DISCHARGE LIMIT: The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
MEDICAL WASTES: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
NPDES: The national pollutant discharge elimination system permit program as administered by the EPA or state.
NEW SOURCE:
   A.   Any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after publication of proposed categorical pretreatment standards under section 307(c) of the clean water act which standards will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:
      1.   The building, structure, facility or installation is constructed at a site at which no other source is located; or
      2.   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
      3.   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, shall be considered.
   B.   Construction on a site at which an existing source is located and results in a modification of an existing source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection A of this definition, but otherwise alters, replaces or adds to our existing process or production equipment.
   C.   Construction of a new source as defined under this definition has commenced if the owner or operator has begun, or caused to begin, as part of a continuous on site construction program:
      1.   Any placement, assembly or installation of facilities or equipment; or
      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.
NEW USER: Is not a "new source" and is defined as a user that applies to the city for a new building permit, or any person who occupies an existing building and plans to discharge wastewater to the city collection system after the effective date hereof. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation.
O&M: Operation and maintenance.
OTHER WASTES: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances, except sewage and industrial wastes.
POTW DIRECTOR: Either the public works director, the wastewater division head or their designees.
PASS-THROUGH: The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause, in whole or in part, of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation), or which causes other environmental damage.
PERMITTEE: A person or user issued a pretreatment discharge permit.
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, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor), or any other substance which causes an impairment (reduction) of water quality to a degree that has an adverse affect on the POTW.
PRETREATMENT: 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, 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, but not by diluting the concentration of the pollutants, unless such dilution is allowed by an applicable pretreatment standard.
PRETREATMENT DISCHARGE PERMIT: An authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter. It may also be called an "industrial pretreatment discharge permit".
PRETREATMENT REQUIREMENTS: Any federal, state or local city substantive or procedural requirement related to pretreatment imposed on a user, other than a categorical pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS: Prohibited discharge standards, categorical pretreatment standards as adopted by the EPA, and local limits established by the city.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances. These prohibitions appear in subsections 13.05.040A and B of this chapter.
PUBLICLY OWNED TREATMENT WORKS (POTW): A treatment works, as defined by section 212 of the federal clean water act, 33 USC 1292, which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
SEPTIC TANK WASTE: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE: Water carried human wastes or combination of water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.
SEWER: Any pipe, conduit, ditch or other device used to collect and transport sewage or stormwater from the generating source.
SIGNIFICANT INDUSTRIAL USER: An industrial user of the city's POTW who:
   A.   Is subject to federal categorical pretreatment standards; or
   B.   Is a user that discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater); or
   C.   Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
   D.   Is designated by the wastewater division head to have a significant impact, or potential for significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, air emissions generated by the system, or any substance listed in subsection 13.05.040B of this chapter.
STANDARD INDUSTRIAL CLASSIFICATION (SIC): A classification pursuant to the standard industrial classification manual issued by the United States office of management and budget.
SUSPENDED SOLIDS (SS): A well mixed sample that is filtered through a weighed standard glass fiber filter and the residue retained on the filter and dried at one hundred three degrees (103o) to one hundred five degrees centigrade (105oC). The increase in weight of the filter represents the total suspended solids.
TOTAL SUSPENDED SOLIDS (TSS): The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and which is removable by laboratory filtering.
TOXIC POLLUTANTS: Those substances listed in the federal priority pollutant list and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the environmental protection agency under section 307 of the act.
TREATMENT PLANT EFFLUENT: Water, wastewater or other liquid, raw (untreated), partially or completely treated, discharged from the POTW into waters of the United States.
UPSET: An exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with applicable pretreatment standards adopted by the city, due to the 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 thereof.
USER OR INDUSTRIAL USER: A source of indirect discharge. Any user, including a significant industrial user (SIU), which discharges an effluent into the POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. The source shall not include "domestic user", as defined in this section.
WASTEWATER: Industrial waste or sewage, or any other waste, including that which may be combined with any groundwater, surface water or stormwater that may be discharged to the POTW, whether treated or untreated.
WASTEWATER DIVISION HEAD: The person assigned to be in charge of the operation of the wastewater treatment plant at the time of this reading, or his authorized representative.
WASTEWATER TREATMENT PLANT: That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (Ord. 1086 §§ 1 - 5, 2011; Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
13.05.040: REGULATIONS/PROHIBITED DISCHARGE STANDARDS:
   A.   General Discharge Prohibitions: No 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 users of the POTW whether or not they are subject to federal categorical pretreatment standards or requirements.
   B.   Specific Prohibitions: No user shall introduce, or cause to be introduced, into the POTW the following pollutants, substances or wastewaters:
      1.   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140oF) (60oC) using the test methods specified in 40 CFR 261.21;
      2.   Wastewater having a pH less than 5.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
      3.   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, including, but not limited to, the following: any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l), for nonbiodegradable (mineral) fats; and oil and grease in excess of two hundred milligrams per liter (200 mg/l) for biodegradable (nonmineral) fats, oils and greases, or containing substances which may solidify or become viscous at temperatures between thirty two degrees Fahrenheit (32oF) and one hundred fifty degrees Fahrenheit (150oF) (or 0°C and 65°C), but in no case solids greater than one inch (1") in any dimension;
      4.   Pollutants, including oxygen demanding pollutants (BOD, etc.), 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 the POTW;
      5.   Wastewater having a temperature 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 one hundred four degrees Fahrenheit (104oF) (40oC) unless the POTW director approves alternate temperature limits;
      6.   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through as set forth in subsection D3b of this section;
      7.   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.   Trucked or hauled pollutants, except at discharge points designated by the city;
      9.   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 or a hazard to life or health, or to prevent entry into the sewers for maintenance or repair;
      10.   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 permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent (10%) from the seasonably established norm for aquatic life;
      11.   Wastewater containing any radioactive wastes or isotopes, except as specifically approved by the POTW director in compliance with applicable state or federal regulations;
      12.   Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater, unless specifically authorized by the POTW director;
      13.   Any sludges, screenings or other residues from the pretreatment of industrial wastes or from industrial processes;
      14.   Medical wastes, except as specifically authorized by the POTW director;
      15.   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
      16.   Detergents, surface active agents, or other substances which may cause excessive foaming in the POTW;
      17.   Any liquid, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosion meter, at the point of discharge into the system (or at any point in the system), be more than five percent (5%), nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter;
      18.   Grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
      19.   Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits;
      20.   Any wastewater which, in the opinion of the POTW director, can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under special agreement by the POTW director (except that no special waiver shall be given from categorical pretreatment standards);
      21.   The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septic tank waste, or other wastewater unless the person has first obtained testing and approval as may be generally required by the city and paid all fees assessed for the privilege of said discharge;
      22.   Any hazardous waste as defined in rules published by the state of Idaho or in 40 CFR part 261;
      23.   Persistent pesticides and/or pesticides regulated by the federal insecticide fungicide rodenticide act (FIFRA);
      24.   Septic tank waste;
      25.   Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW or cause other environmental damage.
   C.   Processes Causing Discharge: Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW or cause other environmental damage.
   D.   Standards:
      1.   Federal Categorical Pretreatment Standards: Categorical pretreatment standards as promulgated by the EPA pursuant to the act shall be met by all users of the regulated industrial categories. The categorical pretreatment standards found at 40 CFR ordinance I, subordinance N, parts 405-471, are incorporated. An application for modification of the categorical pretreatment standards may be considered for submittal to the EPA region 10 administrator, or by the city when the city's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR section 403.7.
      2.   State Requirements: State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance which are more stringent than federal requirements and limitation, or those in this chapter or other applicable ordinances.
      3.   Local Limits:
         a.   The city reserves the right to adopt local pollutant limits as set forth in subsection D3b of this section, which may be more stringent than federal and state requirements.
         b.   The following pollutants limits are established to protect against pass-through and interference. No person shall discharge wastewater containing pollutant levels in excess of the following daily maximum allowable discharge limits:
Pollutant
mg/l
Pollutant
mg/l
Arsenic
0.20
Cadmium
0.11
Chromium
2.77
Copper
1.50
Cyanide
0.10
Lead
0.69
Mercury
0.01
Nickel
0.50
Oil and greases (animal or vegetable)
200
Oil and greases (petroleum base)
100
pH
5.5 - 10.0
Phosphorus
10.0
Silver
0.43
Zinc
2.61
 
      4.   City Right Of Revision: The city reserves the right to amend this chapter or an industrial wastewater permit to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in section 13.05.010 of this chapter.
      5.   Dilution: No user shall, without written approval from the wastewater division head, increase the use of potable or process water in any way, nor mix separate waste streams, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment in order to achieve compliance with the standards set forth in this chapter.
      6.   Mass Limitations: The wastewater division head may impose mass limitations on users which are using dilution to meet the pretreatment standards or requirements of this chapter or, in other cases, where the imposition of mass limitations is deemed appropriate by the wastewater division head.
      7.   Special Agreement: The city reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a federal categorical pretreatment standard or pretreatment requirements. However, the user may request a net gross adjustment to a federal categorical pretreatment standard in accordance with 40 CFR 403.15. The user may also request a variance from the federal categorical pretreatment standard from the wastewater division head. Such request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing the applicable federal categorical pretreatment standard. A user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions set forth in 40 CFR 403.13.
      8.   Pretreatment Facilities: Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards and requirements set out in this chapter within the time limitations specified by the EPA, the state or the city, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter.
      9.   Additional Pretreatment Measures:
         a.   Fat, oil and grease and grit interceptors/traps shall be provided when in the opinion of the POTW director, they are necessary for the proper handling of wastewater containing excessive amounts of fat, oil, grease and/or grit. All such interceptors/traps shall be of a dual chamber design and shall be a type and capacity approved by the POTW director. More capacity shall be required when, in the opinion of the POTW director, it is necessary for adequate treatment of effluent. Any other users shall also provide interceptors when, in the opinion of the POTW director, they are necessary for the proper handling of wastewater containing excessive amounts of fats, oils, greases and/or grit. Interceptors/traps shall be located as to be easily accessible for cleaning and inspection. Such interceptors/traps shall be inspected, cleaned and repaired as per manufacturers' recommendations and/or at the discretion of the POTW director or his designee in accordance with city of Hailey BMPs, established by resolution, and maintained in proper operating condition, by the user at his expense.
         b.   Users with the potential to discharge flammable substances may be required to install and maintain an approved, combustible gas detection meter.
         c.   The introduction of chemicals, bacterial, enzyme and/or any other additive into fat, oil and grease, directly or indirectly, that causes interference with the normal operation of the unit or causes pass-through of prohibited substances is prohibited.
         d.   Interceptor/trap maintenance and cleaning records shall be maintained by the user and made available to the city inspectors for review upon request.
         e.   Interceptors/traps shall not be required for domestic user.
   E.   Deadline For Compliance With Applicable Pretreatment Requirements:
      1.   Existing users (categorical users) covered by the federal categorical pretreatment standards shall be in compliance within three (3) years of the date the standards become effective, unless a shorter compliance time is specified in the appropriate standard. If necessary, the city shall establish a final compliance deadline date for any existing significant industrial user (SIU) not covered by categorical pretreatment standards, or for any user when the local limits for said user are more restrictive than federal categorical pretreatment standards.
      2.   New sources and new users (that fit the definition of SIU) are required to comply with applicable pretreatment standards within the shortest feasible time (not to exceed 90 days from the beginning of discharge). "New sources" and "new users" 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.
      3.   Any pretreatment discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established by federal categorical pretreatment standards. Any other existing SIU, which is in noncompliance with any local limits, shall be provided a compliance schedule placed in an order, or other similar enforcement document, as outlined in the "City Of Hailey Enforcement And Response Guide", or elsewhere in this chapter.
   F.   Accidental Discharge/Slug Control Plans:
      1.   The city may require any user to develop and implement an accidental spill prevention control plan (ASPP). Where deemed necessary by the wastewater division head, facilities to prevent accidental discharges or slug discharges of pollutants shall be provided and maintained at the user's cost and expense. An ASPP showing facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before implementation. The wastewater division head shall determine which user is required to develop a plan and shall require this plan to be submitted within ninety (90) days after notification by the city. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the city. Review and approval of such plans and operating procedures by the city shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter and other federal, state or local regulations.
      2.   Any user required to develop and implement an ASPP shall submit a plan which addresses, at a minimum, the following:
         a.   Description of discharge practices, including nonroutine batch discharges;
         b.   Description of stored chemicals;
         c.   Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards set forth in subsections A, B and C of this section; and
         d.   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, 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.
      3.   Users shall notify the wastewater division head and/or city immediately upon the occurrence of a "slug" or "accidental discharge" of substances prohibited by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law.
      4.   Within five (5) days following an accidental discharge, the user shall submit to the wastewater division head, 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 any 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 chapter or other applicable federal or state law.
      5.   Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures. (Ord. 1086 §§ 1 - 5, 2011; Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
13.05.050: FEES:
   A.   Purpose: It is the purpose of this section to provide for the payment of fees from users to the city's wastewater disposal system, to compensate the city for the cost of administration of the pretreatment programs established in this chapter.
   B.   Charges And Fees: The city council shall adopt charges and fees by resolution as it deems necessary. Such fees may include:
      1.   Reimbursement of costs of setting up and operating the city's pretreatment program;
      2.   Fees for monitoring, inspections and surveillance procedures;
      3.   Fees for consistent removal (by the city) of pollutants otherwise subject to federal pretreatment standards;
      4.   Fees for filing appeals;
      5.   Fees for reviewing accidental discharge procedures and construction; and/or
      6.   Fees for issuance of a pretreatment discharge permit. (Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)
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