A. The city will Classify all users in accordance with the principal activity conducted on the premises where the discharge occurs. The purpose of the classification is to facilitate regulation of discharges to city facilities on the basis of each user's waste quality, quantity, and flow. The classification shall further provide a means of imposing an appropriate level of oversight, control, and enforcement according to the source of discharge. The classification system will also allow equitable recovery of city capital and operating costs for the source control program. As set forth in the definition section of this chapter, there are two categories of users, one domestic users, and the other industrial users. Industrial users are categorized as Class I or II.
B. All users are subject to the prohibitions set forth in this chapter, with such federal and state statutes and regulations as may apply, and the specific pollutant limitations as may be promulgated by the city either by ordinance or by resolution.
C. Domestic users under normal circumstances will not be required to apply or receive a wastewater discharge permit as defined in this chapter, providing that the domestic user discharges only waste water which is consistent with the definition of domestic wastewater set forth herein.
D. Industrial users may be subject to wastewater discharge permit requirements depending on the volume, characteristics, and origin of their wastewater discharge. Industrial users may be required to supply such information and data concerning their processes,
including discharge samples, as may be necessary for the city to determine whether such user should be designated a Class I or II. Industrial users must, when requested, provide such other information regarding the nature of the entity, its operations, storage and use of chemicals, and storage and use of hazardous substances, as may be reasonably necessary to make such determination, as to the classification of the user. The city may also require information relating to potential for accidental discharges to the city facility of hazardous or prohibited substances. Such inquires may include information regarding the current disposal procedures of the user with regard to chemicals and/or substances which are not in the ordinary course of user's operations discharged to city facilities.
E. The determination by the city regarding the designation of an industrial user as a Class I user may be based on the unusual character of the wastewater due to its volume, strength, composition, or its derivation from a hazardous waste or substance, or the potential variability in the character of the wastewater or on the potential for increased cost to the city due to the unusual character of the waste. Any administrative costs to be considered may include increased potential for the administrative oversight by federal, state, and local agencies as well as the potential for increased liability exposure and associated legal costs. The city may also take into consideration difficulties in enforcement of the provisions of this chapter under a wastewater discharge permit and the enforcement violation and compliance history of the user with the city, as well as other regulatory agencies. The determination of the city regarding the designation of the industrial user as a Class II user may be based on whether the discharge of the wastewater is equal to or greater than five thousand gallons per average workday flow, or whether the discharge has in its waste hazardous pollutants, or whether the discharge is subject to national pretreatment standards, or whether it has in its untreated wastewater pollutants which are in excess of any pretreatment standard or requirement, including any pretreatment standard or requirement identified in this chapter, or B4 ordinance or resolution or, whether it may, in the opinion of the city, have a significant impact, either singularly or in combination with other contributing industries, on the city's ability to meet the objectives of this chapter. (Ord. 01-102 § 2 (part), 2001).