§ 52.05  USE OF PUBLIC SEWER.
   (A)   Federal standards. Disposal into the sewer system of any pollutant (as defined by FWPCAA) by any person is unlawful except in compliance with Federal standards promulgated pursuant to the Federal Water Control Act of 1977 as amended (FWPCAA), and any more stringent state and local standards.
   (B)   Stormwater. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
   (C)   Approval by Mayor. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Mayor. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Mayor, to a storm sewer, combined sewer, or natural outlet, providing an N.P.D.E.S. permit has been issued from the Environmental Protection Agency.
   (D)   Prohibited discharges. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
      (1)   As required by 40 CFR 40.5(b)(1) no person shall discharge pollutants which will create fire or hazard in the POTW, including, but not limited to, wastestream with a closed cup flashpoint of less than 140° F. or 60°C. using the test method specified in 40 CFR 261.21.
      (2)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.
      (3)   Any waters or wastes having a pH lower than 6.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
      (4)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, paunch manure, hair and fleshings, entrails and paper dishes, cups, and milk containers, either whole or ground by garbage grinders.
      (5)   No person shall discharge or cause to be discharged any pollutants or substances which may cause the POTW's effluent or any other product to the POTW such as residues, sludges, or scum to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing reuse and reclamation program.  In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, or state criteria applicable to the sludge management method being used.
   (E)   Discharges requiring written approval. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes, except with the prior written approval of the Mayor. If it appears likely in the opinion of the Mayor that such wastes can harm either 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, he or she shall not approve such discharge. In forming his or her opinion as to the acceptability of these wastes, the Mayor will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
      (1)   Any liquid or vapor having a temperature higher than 150° F. (65° C.), or in no case having a temperature which will cause the influent at the treatment plant to be higher than 104°F. (40 C.).
      (2)   (a)   Any water or waste, vegetable oils, animal fats, whether emulsified or not in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.).  Any wastewater treatment system who violates this requirement will be charged an additional $.18 per pound for any discharge in excess of 100 mg/l.
         (b)   Any water or waste containing hydrocarbon based oil and grease, whether emulsified or not, in excess of 50 mg/l or containing substances which may solidify or become viscous at temperatures between 30° and 150° F. (0° and 65° C.). Any user of the wastewater treatment plant found in violation of this provision will be charged with a violation and fined $250. Each day the violation continues will constitute a separate violation.
      (3)   Any garbage that has not been properly shredded.  The installation and operation of any garbage grinder equipped with a motor of 3/4-horsepower (0.76 horse-power metric) or greater, shall be subject to the review and approval of the Mayor.
      (4)   Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
      (5)   (a)   Any water or waste containing the following chemical constituents or similar objectionable or toxic substances that exceed the following limits:
 
Pollutant
Daily Maximum (mg/l)
Arsenic
1.65
Cadmium (T)
0.037
Chromium (T)
2.77
Hexavalent Chromium
0.22
Copper (T)
0.76
Cyanide (T)
0.19
Iron
10
Lead (T)
0.20
Mercury
0.0200
Nickel (T)
1.82
Selenium
0.03
Silver (T)
0.24
Zinc (T)
2.34
 
(Am. Ord. 095-1061, passed 10-12-95; Am. Ord. 99-1182, passed 5-13-99)
         (b)   All new and existing industries discharging to the Bee Creek Wastewater Treatment Plant that fall into a category defined by USEPA in Chapter 40 of the Code of Federal Regulations must comply with the applicable Categorical Pretreatment Standard. Where the discharge standards of the Murray Sewer Use Ordinance, the Industrial User Permit, or the Categorical Pretreatment Standard conflict, the most stringent of the three shall apply.
         (c)   Based upon the sampling program at the Bee Creek Wastewater Treatment Plant, these values may be adjusted to reflect the city's needs; the city shall give public notice of any change proposed for these limits.
      (6)   Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the Mayor as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
      (7)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by state or federal regulations.
      (8)   Any waters or wastes having a pH in excess of 9.0.
      (9)   Materials which exert or
         (a)   Unusual concentrations of inert suspended solids (such as, but not limited to, sodium chloride and sodium sulfate).
         (b)   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
         (c)   Unusual B.O.D., chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
         (d)   Unusual volume of flow or concentration of wastes constituting slugs.
      (10)   Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
      (11)   No person shall discharge or cause to be discharged any truck or hauled pollutants except at discharge points designated by the POTW (40 CFR 403.5(b)).
   (F)   (1)   Industrial wastewater discharge permit.  No person shall discharge or cause to be discharged any industrial wastewater directly or indirectly to sewerage facilities owned by the city without first obtaining a city permit industrial wastewater discharge.
      (2)   The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city.
      (3)   Any agency and/or industries outside of the jurisdiction of the city that wish to contribute wastewaters to the POTW must first sign (through an authorized representative) an interjurisdictional agreement whereby the agency and/or industrial user agree to be regulated by all provisions of this chapter, state and federal regulations.
   (G)   Significant industrial users.  All significant industrial users shall comply with National Categorical Pretreatment Standards and any other applicable requirements promulgated by EPA or with any more stringent pretreatment standards necessitated by local conditions.
   (H)   Approval on pretreatment of waste flows.
      (1)   If any waters or wastes are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in division (E) above, the Mayor may condition his approval on one or more of the following:
         (a)   Require pretreatment to an acceptable condition for discharge to the public sewers,
         (b)   Require control over the quantities and rates of discharge, or
         (c)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under provisions of division (M) herein.
      (2)   If the Mayor conditions his approval on the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Mayor, and subject to the requirements of all applicable codes, ordinances, and laws.
   (I)   Grease, oil, and sand interceptors. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Mayor, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Mayor, and shall be located as to be readily and easily accessible for cleaning and inspection.
   (J)   Maintenance. Where preliminary treatment or flow-equalization facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
   (K)   Control manhole. When require by the Mayor, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole when required, shall be constructed in accordance with plans approved by the Mayor. The manhole shall be installed the owner at his expense, and shall be maintained by him go as to be safe and accessible at all times.
   (L)   Measurements, tests, and analysis. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with 40 CFR 261 EPA Pretreatment Standards, and the current 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 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. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents on the sewage works and to determine the existence of hazards to life, limb, and property.  The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken.  Normally, but not always, B.O.D. and suspended solids analysis are obtained from 24-hour composites of all outfalls whereas pH are determined from periodic grab samples.
   (M)   Schedule of additional pretreatment.
      (1)   If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards or local limits, the industrial user will be required to submit the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date, established for the applicable pretreatment standard.
      (2)   The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for an industrial user to meet the applicable pretreatment months. No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Mayor, including, as a minimum, whether or not it complied with the increment of progress, the reason for delay, and the steps being taken by the user to return to the schedule established. In no event shall more than nine months elapse between such progress reports to the Mayor.
   (N)   Suspension of permit.
      (1)   The Mayor may suspend a permit for industrial wastewater discharge when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety, or welfare, to the local environment or to the city's sewerage system.
      (2)   Any discharger notified of a suspension of this permit shall immediately cease and desist the discharge of such industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the Mayor shall take such steps as are reasonably necessary to insure compliance.
      (3)   Any suspended discharger may file with the Mayor a request for a meeting with the Public Works Committee. The Committee shall meet within 14 days of the receipt by the Mayor of such request. The Committee shall hold a meeting on the suspension and either confirm or revoke the action of the Mayor. Reasonable notice of the meeting shall be given to the suspended discharger. At this meeting, the suspended discharger may appear personally or through counsel, cross- examine witnesses and present evidence in his own behalf.
      (4)   In the event that the Committee fails to meet within the time set forth above or fails to make a determination within a reasonable time after the close of the meeting, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the Mayor.
      (5)   The Mayor shall reinstate the permit on proof of satisfactory compliance with all discharge requirements of the city.
   (O)   Revocation of permit.
      (1)   The Mayor may revoke a permit for industrial wastewater discharge on a finding that the discharger has violated any provision this chapter. No revocation shall be ordered until a meeting on the question has been held by the Public Works Committee. At this meeting, the discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf. Notice of the meeting shall be given to the discharger at least 15 days prior to the date of the meeting.
      (2)   Any discharger whose permit has been revoked shall immediately stop all discharge of any liquid carried wastes covered by the permit to any public sewer that is tributary to the sewerage system of the city. The Mayor may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked if such action is necessary to insure compliance with the order of revocation.
      (3)   Before any further discharge of industrial wastewater may be made by the discharger, he must apply for a new permit for industrial wastewater discharge, pay all charges that would be required upon initial application together with all delinquent fees, charges, and penalties and such other sums as the discharger may owe to the city. Cost incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge.
      (4)   An Industrial User 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, at a minimum, a 30-day prior notification of the change to the Superintendent and provision of a copy of the existing permit to the new owner.  The Superintendent may deny the transfer of the permit if it is deemed necessary to comply with provisions of this chapter.
   (P)   Pretreatment standards.
      (1)   All industrial users shall submit periodic reports regarding the nature and concentration of all pollutants as outlined in their wastewater charge permit. In addition, within 90 days following the date for final compliance with the applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, and user subject to pretreatment standards of wastewater into the POTW, any user subject to pretreatment standards or local requirements shall submit to the Mayor a report indicating the nature and concentration of all pollutants in the discharge from the regulated processes which are limited by pretreatment standards or local requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or local requirements. The report shall state whether the applicable pretreatment standards or local requirements are being met on a consistent basis and, iE not, what additional O & M compliance with the applicable pretreatment standards or local requirements. This statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional.
      (2)   The Mayor may impose mass limitation on users which are using dilution to meet applicable pretreatment standards or local requirements, or in other cases where the imposition of mass limitation are appropriate. In such cases, all reports shall indicate the mass of pollutants regulated by - pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Mayor, or pollutants contained therein which are limited by the applicable pretreatment standards. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator.
      (3)   The industrial user shall report new and/or increased pollutants discharged to the sewers to the city.  The Superintendent shall have the authority to deny or condition such changes if necessary.
         (a)   Baseline monitoring report (BMR).  A baseline monitoring report must be submitted to the Superintendent by all industries at least 90 days prior to the initiation of discharge.  The BMR shall contain the following:
            1.   SIC code, production rate, process description, list of raw materials, chemicals used in process, chemicals used in cleanup, and finished products produced.
            2.   Name of facility contact person.
            3.   Total plant flow, types of discharges (batch, continuous), average and maximum flows from each process.
            4.   Name and concentration of pollutants discharged to the public sewer system that are regulated by this chapter, state and/or federal pretreatment standards, sample type and location.
            5.   List of all pretreatment equipment.
         (c)   Self-monitoring reporting.  In accordance with 40 CFR 403.12(g), any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority or the approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards.  The report shall include measured or estimated average daily flows for the reporting period.
      (4)   The industrial discharge permit shall contain effluent limits, including Best Management Practices (BMP), based on applicable pretreatment standards.
      (5)   The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user.  [see CFR 403.12(e)(2)]  This authorization is subject to the following conditions:
         (a)   The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
         (b)   The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years.  The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
         (c)   In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
         (d)   The request for a monitoring waiver must be signed in accordance with § 52.01, Authorized Representative of Industrial User, and include the certification statement as currently stated in Section IV, ADDITIONAL REPORTING REQUIREMENTS, Heading E, SIGNATORY REQUIREMENTS, Paragraph 3, CERTIFICATION, of the Wastewater Discharge Permit.
         (e)   Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
         (f)   Any grant of the monitoring waiver by the Mayor must be included as a condition in the user's permit.  The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the pretreatment coordinator for three years after expiration of the waiver.
         (g)   In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of this division (P) of this section.
         (h)   This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standards.
   (Q)   Accidental discharge.
      (1)   All industrial users shall immediately notify the Superintendent or the Wastewater Treatment Plant of an accidental discharge/slug loading.
      (2)   The notification shall include location of discharge, type of waste, concentrations and volume, and corrective actions.
      (3)   Within five days following an accidental discharge, the user shall submit to the Mayor 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 imposed by this section or other applicable law.
      (4)   A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
      (5)   Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's 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. All existing users shall complete such a plan by January 1, 1984. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. 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 chapter.
      (6)   As required by 40 CFR 403.8(f)(2)(v), inspect and sample the effluent from each significant industrial user at least one time per year.
      (7)   Slug discharge.  Evaluate at least once every two years, whether each signinificant industrial user needs a plan to control slug discharge.  If the POTW decides that a slug control plan is needed, the plan shall contain at a minimum, the following elements.
         (a)   Description of discharge practices, including nonroutine batch discharges.
         (b)   Description of stored chemicals.
         (c)   Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.
         (d)   Procedures 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 run-off, worker training, building of containment structures or equipment measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
      (8)   Discharge of hazardous waste.  As required by 40 CFR 403.12(p), the industrial user shall notify the POTW, the EPA Regional Waste Management Division Director and State Hazardous waste authorities in writing of any discharge into the POTW of any hazardous waste.  The report shall contain the following:
         (a)   The hazardous waste number.
         (b)   Type of discharge (continuous, batch, or other).
         (c)   Volume and mass of discharge.
(Ord. 793, passed 12-8-83; Am. Ord. 797, passed 3-22-84; Am. Ord. 86-821, passed 2-25-86; Am. Ord. 91-951, passed 7-11-91; Am. Ord. 91-951, passed 7-11-91; Am. Ord. 2006-1410, passed 6-8-06; Am. Ord. 2009-1481, passed 2-26-09; Am. Ord. 2011-1546, passed 7-28-11; Am. Ord. 2016-1706, passed 6-23-16) Penalty, see § 52.99