A. Purpose:
1. This section sets forth uniform requirements for discharges into the City wastewater disposal system and enables the City to comply with all State and Federal laws. This section also establishes the determination and levying of charges of all users discharging thereto.
2. The objectives of this section are to:
a. Prevent the introduction of pollutants into the wastewater disposal system which will interfere with the operation of the system or the use or disposal of the sludge; and
b. Prevent the introduction of pollutants into the publicly owned treatment works which will pass through the system inadequately treated into receiving waters of the State or the atmosphere, or otherwise be incompatible with the system; and
c. Improve the opportunity to recycle and reclaim wastewater and sludge from the system; and
d. Establish the authority to determine and levy fees that are necessary for the efficient, economic and safe operation of the City wastewater disposal system for the protection of the health, safety and general welfare of the public.
3. This section provides for the regulation of discharges into the City wastewater disposal system through the issuance of permits to certain users and through enforcement of the general requirements for all users, authorizes monitoring and enforcement activities, provides for penalty relief, requires user reporting, and provides for the setting of fees necessary to carry out the program established herein.
4. This section shall apply to all users within the City and to users outside the City, who are by contract or agreement with the City, users of the City wastewater disposal system. Except as otherwise provided herein, the City Administrator or representative shall administer, implement and enforce the provisions of this section.
5. This section does not establish the City as being responsible for the State or Federal pretreatment program requirements.
B. General Sewer Use Regulations:
1. Treatment Required: It shall be unlawful to discharge to any natural outlet within the City jurisdiction any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
2. Privy Or Vault Prohibited: It shall be unlawful to hereafter construct or utilize any privy or privy vault on any part of any lot or parcel of land in the City. It shall be unlawful to hereafter construct any on site wastewater treatment system on any lot or parcel of land in the City abutting on a public sanitary sewer with which connections may be made, if said on site wastewater treatment system be within five hundred feet (500') of said public sewer. Construction of any new on site wastewater treatment system shall further only be allowed after a permit has been issued by the City and/or County. The design, construction and repairs of any such on site system shall be in full compliance with Minnesota Rule chapter 7080. All on site wastewater treatment systems either existing or constructed under the provisions herein established shall be operated and maintained as effective treatment systems. Correction and improvement of on site wastewater treatment systems shall be the responsibility of the owner and shall be accomplished as may be directed by the City in compliance with Minnesota Rules chapter 7080.
3. Application: There shall be two (2) classes of sewer permits: a) for residential and commercial service; and b) for service to establishments producing industrial wastes. In either case, the application shall be supplemented by any plans, specifications, or any other information considered pertinent in the judgment of the city or city administrator. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics and type of activity.
4. Cause To Connect: The city shall have power whenever there is a public sewer in the public highways or grounds upon which any premises in the city abuts or is within five hundred feet (500') of said public sewer, to cause the owner, lessee or occupant of such parcel of land to connect said premises with said public sewer by a sufficient sanitary sewer whenever, in the city's opinion, the same may be necessary for the preservation of the public health. The city shall serve upon such owner, lessee or occupant ten (10) days' notice in writing specifying the time when such sewer connection or connections must be made and completed, and if the said owner or occupant neglects to complete the same within the time specified, in addition to the penalties imposed for a violation of any of the provisions of this chapter, the city may cause it to be done and shall either recover the whole amount of the expense thereof by an action against the owner, in the name of the city, before any court having jurisdiction thereof, or assess the same against said premises pursuant to Minnesota Statutes Annotated.
5. Preliminary Treatment And/Or Pretreatment: Where preliminary treatment and/or pretreatment facilities are required or provided for any wastes, they shall be maintained continuously in effective operation by the sewer user at owner's expense. Failure to do so shall void the right of sewage system use, and the city reserves the right to discontinue service.
6. Control Manhole: The city may as a condition of providing sewer service require a control manhole built on the building sewer at the owner's expense to facilitate observation, sampling, inspection and measurement of wastes. Such manhole, when required, shall be accessible, safely located and built in accordance with city standards for sewer manholes. The necessity of a control manhole will be based on sewage volume, whether it is a processing waste, or an industrial waste, and whether the waste requires control within the operation to meet acceptable conditions for discharge to the sewerage system. The control manhole may also be required for users with industrial wastewater discharge permits.
7. Special Agreements: Nothing within this chapter shall be interpreted to require the service of sewage wastes at published sewer rates when such waste may impair the system or cause a higher than normal expense in operation of the sewerage system. Nor shall this chapter be interpreted as preventing any special agreement or arrangement between the city and any industry whereby the industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industry; providing, that the city NPDES and/or state disposal permit limitations are not violated.
8. Inspection, Measurement, Testing: Inspection by duly authorized city employees bearing proper identification shall, at reasonable times, be permitted to enter upon properties served by sanitary sewers for the purpose of inspection, measurement, sampling and testing in connection with operation of the sewer system.
9. Contractors' Responsibility: Contractors employed on city contracts, plumbers, and other persons engaged in construction or maintenance activity where there is connection to or danger of damage to the sewer system shall exercise particular care to protect the sewer system, and shall at all times protect, keep foreign materials out, and accomplish construction or connections in a neat and workmanlike manner. Failure to do so shall be a violation of this chapter and shall not stop the city from correcting the damage or removing the foreign material, if necessary, on an overtime basis, and collecting the costs therefor. For other than immediate necessary repair or removal, a ten (10) day written notice shall be deemed adequate notice to the party to repair damage, correct faulty construction or remove material from the sewerage system.
10. Prohibited Connections: Roof, groundwater or surface drain connections to the city sanitary sewer system are prohibited.
11. Service Restrictions: A sewer service line serving more than one property owner shall not be allowed.
12. Replacement Of Lines: The city may order existing sewer service lines serving more than one owner to be replaced as separate lines whenever in the city's opinion the same may be necessary for the preservation of public health. The city may also order existing sewer service lines to be replaced if it is demonstrated the sewer line is cracked, separated, or exhibiting other deficiencies. Examples of deficiencies include, but are not limited to, root intrusion, water infiltration or inflow sediment intrusion, etc.
13. Manholes: Entrance into sewer manholes or opening the same for any purpose whatever except by duly authorized city employees or their agents is prohibited.
14. New Connections: Any new connection to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities, including, but not limited to, capacity for flow, BOD5 and suspended solids, as determined by the city. All such allowed connections of the building sewer into the public sewer shall conform to the requirements of the state building and plumbing codes, or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications. All such connections shall be made gastight and watertight, and verified by proper testing to prevent the inclusion of infiltration/inflow.
15. Interceptors: Grease, oil and sand interceptors shall be provided at the owner's expense when, in the opinion of the city, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, any flammable wastes, sand or other harmful ingredients. This may apply to food handlers and processors and car washes. All interceptors shall be readily and easily accessible for cleaning and inspection. The owner shall be responsible for the maintenance of interceptors, including proper removal and disposal of the captured materials by appropriate means, and shall maintain a record of dates cleaned and means of disposal, which are subject to review by the city.
16. Sanitary Sewer Mains: Sanitary sewer mains shall meet the appropriate specifications of the ASTM, the WPCF manual of practice no. 9, the standard utilities specifications of the City Engineers Association Of Minnesota, and any other applicable rules and regulations of the city.
17. Sanitary Or Storm Sewers: No sanitary or storm sewers system shall be constructed in the city (except house or building service sewers), except by the city or by others as permitted and subject to inspection. No such sewers shall be considered to be a part of the public sewer system unless accepted by the city.
C. General Discharge Prohibitions: No user shall discharge or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system or to any public sewer:
1. Any liquids, 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 wastewater disposal system, or to the operation of the system. At no time shall two (2) successive readings on an explosion hazard meter read 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. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
2. Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than one- half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grindings or polishing wastes.
3. Any wastewater having a pH less than 6.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater disposal system.
4. Any garbage, either household or commercial, that has not been shredded so that the garbage particles are smaller than one-half inch (1/2") in their largest dimension. Adequate water flow volume to wash such garbage through the sewers shall be provided.
5. Any wastewater containing toxic pollutants in sufficient quantity, either by itself or by interaction with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the wastewater disposal system, or cause the wastewater effluent to fail a whole effluent toxicity test. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to the clean water act.
6. Any noxious or malodorous liquid, gas, or solid which either by itself or by interaction with other wastes is capable of creating a public nuisance or hazard to life, or is sufficient to prevent entry into the sewers for their maintenance and repair.
7. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. "Objectionable color" is defined as the color being visible in the wastewater treatment plant effluent.
8. Any wastewater which creates conditions at or near the wastewater disposal system which violate any statute or any rule, regulation or ordinance of any public agency or state or federal regulatory body.
9. Any wastewater having a temperature greater than one hundred fifty degrees Fahrenheit (150°F) (65.6°C), or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding one hundred four degrees Fahrenheit (104°F) (40°C).
10. Any "slug load", which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge of such volume or strength as to cause inhibition or disruption in the wastewater disposal system. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentrations, quantities or flow of the user during normal operation.
11. Cooling water or unpolluted storm or ground water.
12. Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l), that will, or is likely to, solidify or become viscous at temperatures between zero degrees Celsius (0°C) and fifty degrees Celsius (50°C), and which will, or is likely to, cause obstruction to the flow in the sewers or other interference to the collection, pumping or wastewater treatment systems; and any wastewater containing oil and grease concentrations of mineral origin of greater than one hundred milligrams per liter (100 mg/l), whether emulsified or not.
13. Wastewater containing inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in such quantities that they would cause disruption or interference with the wastewater collection and treatment system.
14. Discharges of the following substances shall be limited to concentrations or quantities which will not harm the wastewater facility, streams, soils, vegetation or groundwater, and will not otherwise create a hazard or nuisance. The city may set limitations lower than the prohibition limits outlined below. Consideration will be given to such factors as the quantity of waste in relation to flows and velocities, materials of construction, the city NPDES and state disposal system permits, capacity of the treatment plant, degree of treatability of wastes and other pertinent factors:
a. Food waste not properly shredded to such a degree that all particles will be carried freely under normal conditions with no particle greater than one-half inch (1/2") in any dimension.
b. Radioactive wastes or isotopes in concentrations that exceed limits established by applicable state and federal regulations.
c. Wastewaters with BOD5 or suspended solid levels that require additional treatment, except as may be permitted by specific written agreement with the city subject to this chapter.
d. Wastewater containing substances which cannot be treated to produce effluent quality required by the permit or causes a violation of any applicable local, state or federal regulation.
In addition to these prohibitions, no user shall discharge to any public sewer any discharge which causes "interference", as defined in section 4.01 of this chapter, with the wastewater disposal system. Where an industrial user is in compliance with specific prohibitions or standards and pollutants in the effluent from the industrial user's facility later to cause or significantly contribute to a violation of any requirement of the treatment plant's NPDES or state disposal system permit, and are likely to cause such a violation in the future, or is causing interference, the city will take appropriate action to develop and enforce specific effluent limits for that industrial user to ensure renewed and continued compliance with the treatment plant's NPDES or state disposal system permit.
D. Limitations On Wastewater Strength:
1. State Requirements: State requirements and limitations on discharges shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this section or any other applicable ordinance.
2. City Right Of Revision:
a. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system.
b. In the event of discharges to the public sewers which contain substances or possess characteristics prohibited in this section, or which, in the judgment of the city, may have a deleterious effect (including interference) to the treatment facility, receiving waters, soils or vegetation, or which create a hazard or nuisance, the city may:
(1) Refuse to accept the wastes.
(2) Require pretreatment to an acceptable condition for discharge to the public sewers.
(3) Require control over the quantities and rates of discharge.
(4) Require payment to cover all the added costs of handling, treating and disposing of wastes not covered by existing taxes or sewer charges.
3. Dilution: No user shall increase the use of processed water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained herein or contained in any state requirements or contained in a city discharge permit.
4. Supplemental Limitations: As stated herein, the city may impose additional specific limitations on any wastewater that is to be discharged into the city wastewater disposal system.
5. Additional Prohibited Discharges: In addition to general discharge prohibition, industrial users shall not discharge:
a. Wastes with a closed cup flashpoint less than one hundred forty degrees Fahrenheit (140°F).
b. Pollutants that result in toxic gases, vapors and fumes in quantities that may cause worker health and safety problems.
c. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil in amounts that could cause pass-through or interference at the wastewater treatment facilities.
d. Pollutants trucked or hauled to the wastewater treatment works, except at discharge points designated by the city.
E. Accidental Discharges:
1. Prevention Of Accidental Discharge: Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this section. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing 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 section.
2. Accidental Discharge:
a. Accidental discharges of prohibited waste into the POTW, directly or through another disposal system, or to any place from which such waste may enter the POTW, shall be reported to the city by the persons responsible for the discharge, or by the owner, lessee or occupant of the premises where the discharge occurred, immediately upon obtaining knowledge of the fact of such discharge. Such notification will not relieve users of liability for any expense, loss or damage to the wastewater disposal system or treatment process, or for any fines imposed on the city on account thereof under any state or federal law. The responsible person shall take immediate action as is reasonably possible to minimize or abate the prohibited discharge.
b. The responsible person shall send a letter describing the prohibited discharge to the city within seven (7) days after obtaining knowledge of the discharge. The letter shall include the following information:
(1) The time and location of the spill;
(2) Description of the accidentally discharged waste, including estimate of pollutant concentrations;
(3) Time period and volume of wastewater discharged;
(4) Actions taken to correct or control the spill;
(5) A schedule of corrective measures to prevent further spill occurrences.
3. Slug Discharge: In the event that an industrial user discharges a slug in such volume or strength that the industrial user knows or has reason to know it will cause interference in the POTW, the industrial user shall immediately report the same to the city. Within seven (7) days thereafter, the industrial user shall send a letter to the city describing the slug as specified under subsection E2, "Accidental Discharge", of this section. After such a discharge, a plan is required to prevent additional slug or accidental discharges. This plan will contain the following at a minimum:
a. Description of discharge practices, including nonroutine batch discharges;
b. Description of stored chemicals;
c. Procedure for promptly notifying the POTW of slug discharges;
d. Procedures necessary 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 and worker training;
e. Any necessary measures for building containment structures or equipment;
f. Any necessary measures for controlling toxic organic pollutants (including solvents);
g. Any necessary procedures and equipment for emergency response;
h. Any necessary follow up practices to limit the damage suffered by the POTW or the environment.
F. General Pretreatment Requirements:
1. Users shall provide necessary wastewater treatment as required to comply with this section. Any facilities required to pretreat wastewater 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 effluent acceptable to the city under the provisions of this section. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
2. All records relating to compliance with city pretreatment standards shall be made available by the city to officials of the EPA or MPCA, upon request.
G. Wastewater Discharge Permits:
1. Industrial Survey: All industrial users and some commercial users will be contacted by the city to complete an industrial survey. Completion of the survey within forty five (45) days is mandatory for the industrial and commercial users contacted. This survey will be used by the city to determine potential users that may be required to apply for a city wastewater discharge permit.
2. Mandatory Permits: All industries proposing to connect or to commence a new discharge to the wastewater disposal system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater disposal system if the discharge would result in the industry being classified as a "significant industrial user". All existing significant industrial users or industrial users subject to national categorical pretreatment standards connected to or discharging into the wastewater disposal system shall obtain a wastewater discharge permit within one hundred eighty (180) days after the effective date hereof.
3. Permit Application: Users required to apply for a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city, and accompanied by the applicable fee as set and adjusted from time to time by the city by resolution. Existing users shall apply for a wastewater discharge permit within ninety (90) days after notification of their need to apply for a permit, and proposed new users shall apply at least one hundred eighty (180) days prior to connecting or discharging to the wastewater disposal system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
a. Name, address, location (if different from the address);
b. SIC number according to the "Standard Industrial Classification Manual", bureau of the budget, 1972, as amended;
c. Wastewater constituents and characteristics, including, but not limited to, those governed by subsection C of this section as determined by a reliable analytical laboratory sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the act and contained in 40 CFR part 136, as amended. Parameters to be tested will be decided by the city. The industry is responsible for all testing costs;
d. Time and duration of discharge;
e. Average daily and peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
f. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
g. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged, including sludges, floats, skimmings, etc.;
h. Where known, the nature and concentration of any pollutants in the discharge which are limited by the city, state or national categorical pretreatment standards;
i. Each product produced by type, amount and rate of production;
j. Type and amount of raw materials processed (average and maximum per day);
k. Number of full and part time employees, and hours of work; and
l. Any other information as may be deemed by the city to be necessary to evaluate the permit application.
The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit, subject to terms and conditions provided herein.
4. Permit Conditions: Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations and fees established by the city. Permits may contain the following:
a. The unit charge or schedule of fees for the wastewater to be discharged to the wastewater disposal system;
b. Limits on the average and maximum wastewater constituents and characteristics;
c. Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
d. Requirements for installation and maintenance of inspection and sampling facilities;
e. Requirements for installation, operation and maintenance of pretreatment facilities;
f. Specifications for monitoring programs, which may include sampling locations, frequency and method sampling, number, types and standards for tests and reporting schedule;
g. Compliance schedules;
h. Requirements for submission of technical reports or discharge reports;
i. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, but in no case less than three (3) years, and affording city access thereto;
j. Requirements for notification to and acceptance by the city of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
k. Requirements for notification of slug or accidental discharges as provided in this section, and reporting of permit violations;
l. Requirements for disposal of sludges, floats, skimmings, etc.;
m. Other conditions as deemed appropriate by the city to ensure compliance with this section; and
n. Requirement for whole effluent toxicity testing or toxicity reduction evaluations.
5. Permit Duration: Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are identified in subsection C of this section are modified or other just cause exists. The user shall be informed of any proposed changes in this permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
6. Permit Modifications: Permits may be subject to modification where a change in the volume or characteristics of an industrial wastewater which either singly or by interaction with other wastes may have a negative impact on the wastewater treatment process. Permits may also be subject to change even if there is no change in the industrial wastewater, but the wastewater is causing interference or noncompliance with local, state or federal requirements.
7. Permit Transfer: Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation, without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
8. Confidential Information:
a. Information and data on a user obtained from applications, permits, monitoring programs and inspections shall be available to the public or other government 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.
b. When requested by the person furnishing a report, and until such time as the information is determined not to be confidential, 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 upon written request to governmental agencies for uses related to this chapter, the NPDES permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available 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 any governmental agency or to the general public by the city until and unless ten (10) day notification is given to the user.
9. Sludge Generated: Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the city wastewater disposal system. Such sludges shall be contained, transported and disposed of in accordance with all federal, state and local regulations.
10. Toxicity Reduction Evaluation: If the treatment plant effluent exhibits toxicity, or if the POTW sludge is considered a hazardous waste, the city may investigate the cause by a toxicity reduction evaluation (TRE). Since industrial users are a major potential source of toxic compounds, the city may require all or some industries to prove that their discharges are not toxic. Industries found to be discharging toxic substances will be responsible for determining the exact nature of their toxicity and taking corrective actions to reduce or eliminate the toxicity. The responsible industries shall be responsible for the testing costs.
H. General User Reports: The city may require that any person discharging or proposing to discharge wastewater to the wastewater disposal system file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, rates of flow, mass discharge rate, raw material and production quantities, hours of operation, number and classification of employees, compliance status with any state or federal pretreatment standards, or other information which relates to the generation of waste, including wastewater constituents and concentrations in the wastewater discharge. Such reports may also include sludge disposal practices and the chemical constituents and quantity of liquid or gaseous materials stored on site, even though they may not normally be discharged. At a minimum, a summary of such data indicating each industrial user's compliance with this section shall be prepared semiannually during the months of June and December and submitted to the city. In addition to discharge reports, the city may require information in the form of a wastewater discharge permit application, self-monitoring reports and compliance schedules. Refer also to monitoring requirements required in subsection I of this section.
I. Monitoring Facilities:
1. Monitoring facilities to allow inspection, sampling and flow measurements of the building sewer and/or internal drainage systems shall be provided and operated by all industrial users, except as mentioned later in this section. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and composition of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
2. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the city, unless a time extension is otherwise granted by the city.
3. The city shall not require installation of such devices where the city determines that such industrial user has concentrations of BOD5 and suspended solids no greater than normal domestic strength wastewater (NDSW), and a satisfactory method and access exist for sampling and determining the total daily sewage flow.
J. Inspection And Sampling: The city shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, MPCA and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, the city, MPCA and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
K. Final Compliance Date Reporting Requirements: Within ninety (90) days following the date for final compliance with any permit requirements, the user shall submit to the city a report regarding the discharge. The report shall state whether the applicable permit requirements are being met and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable permit requirements. This statement shall be signed by the user.
L. Slug Or Accidental Discharge:
1. The city may suspend the wastewater treatment service of a user and/or a wastewater discharge permit (after informal notice to the discharger) when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the wastewater disposal system, or would cause a violation of the treatment plant's NPDES or state disposal system permit.
2. Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days of the date of occurrence.
M. Revocation Of Permit: The city may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of his discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or which is in violation of conditions of its permit, this chapter, or applicable state and federal regulations.
N. Notification Of Violation And Enforcement: Whenever the city finds that any person has violated or is violating this section, wastewater discharge permit, or any prohibition, limitation or requirement contained herein, other than by failure to pay fees when due, the city may serve upon such a person a written notice stating the nature of the violation and enforcement order. Within thirty (30) days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, the user shall comply with the enforcement order.
O. Cost Of Damage: When any user violating any of the provisions of this section, any order of the city council and/or any order of the city administrator has a discharge which causes a deposit, obstruction, damage or other impairment to the city wastewater collection and disposal system, the city attorney may commence an action for appropriate legal and/or equitable relief, including, without limitation:
1. The added cost to the city of handling the improper discharge;
2. The costs incurred by the city in correcting the violation, in repairing damage to the city disposal system, and in cleanup of the unauthorized discharge;
3. Any costs or penalties imposed on the city by regulatory authorities by reason of the unauthorized discharge.
P. Falsifying Information: No person shall knowingly make any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this section or wastewater discharge permit, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this section.
Q. Basis For Sewer Usage Charges: The sewer usage to be so charged against any property within the city shall be based upon the quantity of water used at each lot, parcel of land, building or premises as the water is measured by the water meters there in use. Industrial or other users which discharge flows with concentrations in BOD, suspended solids or other components that affect the treatment process and costs shall be charged a sewer usage fee which appropriately covers such additional costs.
R. Residential Properties: For residential properties, the sewer usage charges for the second and third quarters of the year shall not exceed the sewer usage charge for the last quarter of the previous year and the first quarter of the current year. This provision does not apply to residential uses combined with business or industrial uses. This provision is intended to grant credit for lawn sprinkling where larger areas of lawn exist in relation to residential uses and water use does not add to sewage flow. The city administrator shall approve policies to correct errors or waive penalties and adjust bills where extraordinary circumstances exist.
S. Disconnection: In the event sewer service is disconnected by the city at any time for any reason, the sewer service charge shall be reduced proportionately in the same manner that water service rates are reduced.
T. Adjustment Of Charge: If a substantial portion of the water utilized by any user is not discharged into the sewer system, the volume of such water shall be deducted in computing the sewer use charge, provided a separate meter is installed to measure such volume or where it is not practicable to enter the portion of the water not discharged into the sewerage system, such adjustment may be made as shall be fair and equitable in order to determine the amount of such service charge or usage fee. The user desiring to install such separate meter shall make application and payment for the meter to the city and engage, at his own expense, a plumber to effect the necessary piping changes and install the couplings so the meter can be set.
U. Charges For Noncity Water Users And Necessary Metering: In the event any lot, parcel of land, building or premises discharging sanitary sewage, industrial wastes, water or other liquids into the sanitary sewer system of the city, either directly or indirectly, is supplied in whole or in part with water not obtained from the city, the owner, lessee or occupant of such property shall cause to be installed within sixty (60) days after the effective date hereof, necessary metering equipment as approved by the city to measure the quantity of water pumped or used, and the sewer usage charge shall be based on the quantity of water so measured. Whenever the owner, lessee or occupant fails to install such metering equipment, or where it is not practicable to measure the water consumed on any premises by a meter or meters, the city shall cause to be determined in such manner and by such methods as may be practicable, considering conditions and attendant circumstances in each case, the estimated volume of water from private sources which discharge into the sanitary sewer system of the city, and such estimate shall be used in lieu of the meter volume of water from private sources to determine the sewage usage charge thereon and therefor.
V. Fixing Unit Costs For Sewer Charges: The city council shall by resolution determine and fix the unit costs for use of the city sewer system on the basis of flow (including infiltration/inflow), BOD, suspended solids and any other pollutant, taking into consideration the cost of treatment of such sewage, and may increase or decrease such unit cost as often and in such amounts as may reasonably be required to accomplish the purposes of this section. In setting unit costs to an individual user, the city council may make allowance for the recovery of unreimbursed city expenses related to the facilities provided with service.
W. Sewer Bill To Go With Water Bill: The amounts due to the city for sewer charges will be computed in accordance with the provisions of this section and statements will be rendered at the same time and on the same bill with the city water statement. If a property supplies its own water, a bill will be rendered for sewer services only.
X. Alternate Methods: In the event a general municipal user is not supplied with city water or the water so used is not measured, the user charge shall be fixed and determined by the city in such methods as they may find just, equitable and practicable.
Y. Industrial Pretreatment Charge:
1. An individual pretreatment charge is hereby imposed upon all industrial units subject to local industrial permit requirements. The industrial pretreatment charge shall be the amount necessary to recover administrative costs associated with permitting and monitoring the discharge of industrial wastewater into the city wastewater disposal system. The city may adopt charges and fees which may include:
a. Fees for reimbursement of costs of setting up and operating the city pretreatment program;
b. Fees for monitoring, inspection and surveillance procedures;
c. Fees for reviewing accidental discharge procedures and construction;
d. Fees for permit application;
e. Fees for filing appeals; and
f. Other fees as the city may deem necessary to carry out the requirements contained herein.
Z. Industrial Fee(s):
1. Industrial fee(s) for debt retirement, administration, operation, maintenance and replacement of the wastewater collection, conveyance and treatment facilities shall be determined as follows:
a. Industrial fee(s) shall be the sum of the products obtained by multiplying the unit costs as determined above by the user's actual flow, BOD and suspended solids during the billing period. However, in no case shall the charge be less than that determined by applying the prevailing domestic flow rate charge to the user's actual flow. In addition to the charges provided for herein, the city may impose a surcharge on any industrial user pursuant to the requirements hereinbefore or based on some other pollutant loading factor which requires special treatment at the wastewater treatment plant.
AA. Measurement Of Strength And Volume:
1. Installation:
a. When required by the city, each industrial user shall install suitable measuring, sampling and analyzing devices in compliance with the sewer use ordinance, as required hereinbefore.
b. The city shall not require installation of such devices where the city determines that such industrial user has concentrations of BOD and suspended solids no greater than normal domestic strength wastewater (NDSW) and a satisfactory method and access exist for sampling and determining the total daily sewage flow. In such cases, the charges to those industrial users shall be based on the flow rate as determined and on BOD and suspended solids loads equal to the NDSW.
2. Reporting: Each industrial user required by the city to install and maintain sewerage monitoring facilities shall submit to the city a monthly report of daily flow, BOD and suspended solids, on a form approved by the city. This report shall be used for billing purposes and shall be submitted prior to the tenth day of the subsequent month, or as directed by the city.
3. Sampling Frequency:
a. BOD and suspended solids results and other parameters required by the permit that are reported to the city, shall be representative of the normal wastewater discharged to the sewer system. BOD and suspended solids tests and other parameters shall be done at least monthly. If this sampling frequency does not provide a true representation of the waste discharged, the city may require a more frequent sampling frequency. A more frequent sampling frequency may also be required to comply with any state or federal requirements.
b. In the event that BOD is not representative of the organic strength of the waste, the city may require monitoring for both chemical oxygen demand (COD) and BOD. The city may charge on the basis of COD. The COD loading would be reduced by the POTW influent BOD to COD ratio before application of any unit BOD charges.
4. Inspection And Sampling:
a. The city shall have the right to periodically or continuously inspect the monitoring facilities, to measure, sample and analyze the user's flow and to analyze the samples obtained by the industrial user. In the event of any discrepancy between the flows or loads determined by the city and the industrial user, the values determined by the city shall be used.
b. All measurements, tests and analyses of the characteristics of sewage concentration shall be determined in accordance with the latest edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said manhole. All testing costs are the responsibility of the user. Tests are to be conducted by a state certified laboratory. In the event that no special manhole is available, 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.
c. A twenty four (24) hour composite sample of the sewage shall be taken by the city at least twice each year on those customers being assessed a surcharge. Additional sampling by the city will be taken upon written request by the user, with the cost of said sampling and testing to be borne by the user.
BB. Control Structure, Necessary Equipment For Industrial Wastes: When required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure and equipment, when required, shall be constructed at the owner's expense in accordance with plans approved by the city and shall be maintained by the owner so as to be safe and accessible at all times.
CC. Proper Control Structures And Methods: All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this section shall be determined in accordance with 40 CFR 136 (guidelines establishing test procedures for analysis of pollutants); the latest edition of "Standard Methods For The Examination Of Water And Wastewater", and shall be determined at the control structure provided, or upon suitable samples taken at said control structure in the event that no special structure has been required, the control structure shall be construed to be the nearest downstream manhole in the public sewer from 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 sewerage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24 hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from a 24 hour composite of all outfalls whereas pHs are determined from periodic grab samples.)
DD. Access To Monitoring Facilities And Periodic Testing Of Effluent: The city may conduct such tests as are necessary to enforce this regulation, and employees of the city may enter upon any property for the purpose of taking samples, obtaining information, or conducting surveys or investigations relating to such enforcement. Entry shall be made during operating hours unless circumstances require otherwise in all cases where tests are conducted by the city for the purpose of checking to determine if a previously found violation of this section has been corrected, the cost of such tests shall be charged to the user or added to the user's sewer charge. In those cases where the City determines that the nature or volume of a particular user's sewage requires more frequent than normal testing, the City may charge such user for the tests, after giving the user ten (10) days' written notice of its intention to do so and the cost thereof shall be added to the user's sewer charge. In any case where industrial wastes are discharged to a public sewer, the City may require the user at his own expense to test his discharge on a regular basis and to report the test results to the City within a reasonable time. All such tests shall be as ordered by the City and shall be conducted by a State certified laboratory and in accordance with the standards set out hereinbefore.
EE. Continuing Violation: Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorney fees, court costs, court report fees and other expenses of litigation by an appropriate action against the person found to have violated this section or the order, rules, regulations and permits issued hereunder.
FF. Severability: If any provisions, paragraph, word, section or subsection of this article is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and subsections shall not be affected and shall continue in full force and effect. (Ord. 84, 6th Series, eff. 3-21-2016)