(A) Pursuant to the requirements imposed on publicly owned wastewater treatment works by the Federal Water Pollution Control Act Amendments of 1972 and later amendments, all pretreatment standards promulgated by the U.S. Environmental Protection Agency for new and existing industrial dischargers to public sewer systems are hereby made a part of this chapter. Any industrial waste discharge which violates these EPA Pretreatment Standards shall be in violation of this chapter.
(B) Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner or owners at his expense.
(C) Hauling liquid wastes.
(1) Any person who transports septic tank, seepage pit, or cesspool contents, liquid industrial waste, or other batch liquid waste and wishes to discharge that waste to the public sewer system shall first obtain written permission for the discharge from the Manager. All persons receiving the permission shall abide by all applicable provisions of this chapter, and any other special provisions that may be established by the Manager as necessary for the proper operation and maintenance of the sewerage system.
(2) Waste haulers who have been granted permission to discharge to the public sewer system shall pay fees for the discharge in accordance with a fee schedule established by the Commission and approved by the city.
(3) It shall be illegal to discharge any batch liquid waste into any manhole or other part of the public sewer system, or any building sewer or other facility that discharges to the public sewer system, except at designated points of discharge specified by the Manager for those purposes.
(4) Any liquid waste hauler caught illegally discharging to the public sewer system shall be subject to immediate revocation of discharge privileges (if granted) and further subject to the penalties prescribed in § 31.999.
(5) Nothing in this chapter shall relieve waste haulers of the responsibility for compliance with County Health Department, state or federal regulations.
(D) Bypass not violating applicable pretreatment standards or requirements.
(1) An Industrial User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (2) and (3) of this section.
(2) Notice.
(a) If an Industrial User knows in advance of the need for a bypass, it shall submit prior notice to the Control Authority, if possible, at least ten (10) days before the date of the bypass.
(b) An Industrial User shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment Standards to the Control Authority within twenty-four (24) hours from the time the Industrial User becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the Industrial User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; and, if the bypass has not been corrected, the anticipated time it is expected to continue and steps taken or planned to reduce, eliminate, and prevent reoccurrence of bypass. The Control Authority may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
(3) Prohibition of bypass.
(a) Bypass is prohibited, and the Control Authority may take enforcement action against an Industrial User for a bypass unless:
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(iii) The Industrial User submitted notices as required under paragraph (a) of this section.
(b) The Control Authority may approve an anticipated bypass, after considering its adverse effects, if the Control Authority determines that it will meet the three (3) conditions listed in paragraph (3)(a) of this section.
(E) No statement contained in this subchapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment provided applicable local, state, and federal pretreatment regulations of the city's NPDES/KPDES permit are not violated.
Ord. - -, passed 6-7-84; Am. Ord. 91-07-18, passed 7-18-91) Penalty, see § 31.999