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Sioux Falls Overview
Code of Ordinances of Sioux Falls, SD
SIOUX FALLS, SOUTH DAKOTA CODE OF ORDINANCES
CHARTER
CHARTER PARALLEL REFERENCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
CHAPTER 50: UTILITIES GENERALLY
CHAPTER 51: UTILITY RATES AND CHARGES
CHAPTER 52: REGULATION OF NONESSENTIAL USES OF WATER
CHAPTER 53: PUBLICLY OWNED TREATMENT WORKS
GENERAL PROVISIONS
REGULATION OF SEWERS
INDUSTRIAL PRETREATMENT
§ 53.040 DEFINITION.
§ 53.041 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
§ 53.042 STATE PRETREATMENT STANDARDS.
§ 53.043 LOCAL LIMITS.
§ 53.044 RIGHT OF REVISION.
§ 53.045 DILUTION.
§ 53.046 PRETREATMENT FACILITIES.
§ 53.047 ADDITIONAL PRETREATMENT MEASURES.
§ 53.048 WASTEWATER ANALYSIS.
§ 53.049 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS.
§ 53.050 WASTEWATER DISCHARGE PERMIT REQUIREMENT.
§ 53.051 WASTEWATER DISCHARGE PERMITTING: EXISTING CONNECTIONS.
§ 53.052 WASTEWATER DISCHARGE PERMITTING: NEW CONNECTIONS.
§ 53.053 WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS.
§ 53.054 APPLICATION SIGNATORIES AND CERTIFICATION.
§ 53.055 WASTEWATER DISCHARGE PERMIT DECISIONS.
§ 53.056 WASTEWATER DISCHARGE PERMIT DURATION.
§ 53.057 WASTEWATER DISCHARGE PERMIT CONTENTS.
§ 53.058 WASTEWATER DISCHARGE PERMIT APPEALS.
§ 53.059 WASTEWATER DISCHARGE PERMIT MODIFICATION.
§ 53.060 WASTEWATER DISCHARGE PERMIT REVOCATION OR TERMINATION.
§ 53.061 WASTEWATER DISCHARGE PERMIT REISSUANCE.
§ 53.062 CONTINUE PERMITS BEYOND EXPIRATION DATE.
§ 53.063 WASTEWATER DISCHARGE PERMIT TRANSFER.
§ 53.064 REGULATION OF WASTE RECEIVED FROM REGIONAL WASTEWATER CUSTOMERS OR OTHER PUBLIC AGENCIES.
§ 53.065 HAULED LIQUID WASTE.
§ 53.066 BASELINE MONITORING REPORTS.
§ 53.067 COMPLIANCE SCHEDULE PROGRESS REPORTS.
§ 53.068 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE.
§ 53.069 PERIODIC COMPLIANCE REPORTS.
§ 53.070 REPORTS OF CHANGED CONDITIONS.
§ 53.071 REPORTS OF POTENTIAL PROBLEMS.
§ 53.072 REPORTS FROM UNPERMITTED USERS.
§ 53.073 NOTICE OF VIOLATIONS; REPEAT SAMPLING AND REPORTING.
§ 53.074 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
§ 53.075 ANALYTICAL REQUIREMENTS.
§ 53.076 SAMPLE COLLECTION.
§ 53.077 TIMING.
§ 53.078 RECORD KEEPING.
§ 53.079 RIGHT OF ENTRY; INSPECTION AND SAMPLING.
§ 53.080 SEARCH WARRANTS.
§ 53.081 CONFIDENTIAL INFORMATION.
§ 53.082 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
ENFORCEMENT
CHAPTER 54: WATER-COOLED AIR CONDITIONERS
CHAPTER 55: PRIVATELY OWNED BEST MANAGEMENT PRACTICES
CHAPTER 56: OVERHEAD UTILITY WIRING IN URBAN RENEWAL AREA
CHAPTER 57: GARBAGE AND RECYCLING
CHAPTER 58: EMERGENCY TELEPHONE SYSTEM
CHAPTER 59: WATER DEPARTMENT REGULATIONS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
CODE OF ORDINANCES PARALLEL REFERENCES
FEE INDEX
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§ 53.042 STATE PRETREATMENT STANDARDS.
   State pretreatment standards found at § 74:52:11 of the Administrative Rules of South Dakota are hereby incorporated.
(1992 Code, § 41-119.2) (Ord. 57-93, passed 7-12-1993; Ord. 56-12, passed 8-7-2012)
§ 53.043 LOCAL LIMITS.
   (a)   The following pollutant limits are established in order to protect POTW, receiving water quality, worker health and safety, and improve opportunities for beneficial use of biosolids from nondomestic discharges.
Pollutant
Daily Maximum (mg/L)
Instantaneous Maximum (mg/L)
Pollutant
Daily Maximum (mg/L)
Instantaneous Maximum (mg/L)
Arsenic
0.19
0.38
Cadmium
0.024
0.048
Copper
2.79
5.58
Lead
1.06
2.12
Nickel
1.52
3.04
Selenium
0.19
0.38
Silver
3.04
6.08
Zinc
11.57
23.14
 
   (b)   The following pollutant limits are established in order to protect POTW, receiving water quality, worker health and safety, and improve opportunities for beneficial use of biosolids from nondomestic discharges. The following pollutant loading limits to the POTW shall not exceed the allowable total pounds. The mass allocation shall be imposed on significant industries of concern by their wastewater discharge permits.
 
Pollutant
Maximum Allowable Industrial Loading (MAIL)
Unit of Measure
Unit of Limit
BOD
20,692
lbs/day
30-day average
Molybdenum
6.17
lbs/day
Daily
TKN
3,527
lbs/day
30-day average
TSS
15,095
lbs/day
30-day average
 
   (c)   The above limits apply at the point where the wastewater is discharged into the POTW. All concentrations and limits for metallic substances are for “total” metal unless indicated otherwise. The manager may impose industry specific mass limitations in addition to or in place of the concentration-based limitations above. The manager may also develop site specific permit limits for pollutants that are specific to an individual user or user group.
   (d)   Liquid waste generators (LWG) in compliance with a valid LWG permit are exempt from the local limits listed in division (a) above.
   (e)   Liquid waste haulers in compliance with the revised ordinances and the liquid waste control program rules are exempt from local limits in division (a) above when servicing LWGs that are exempted in accordance with division (d) above.
(1992 Code, § 41-119.3) (Ord. 47-81, passed 6-1-1981; Ord. 23-86, passed 3-31-1986; Ord. 51-91, passed 6-3-1991; Ord. 57-93, passed 7-12-1993; Ord. 102-96, passed 9-3-1996; Ord. 56-12, passed 8-7-2012; Ord. 19-21, passed 2-16- 2021)
§ 53.044 RIGHT OF REVISION.
   The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
(1992 Code, § 41-119.4) (Ord. 57-93, passed 7-12-1993)
§ 53.045 DILUTION.
   No user shall attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(1992 Code, § 41-119.5) (Ord. 57-93, passed 7-12-1993; Ord. 19-21, passed 2-16-2021)
§ 53.046 PRETREATMENT FACILITIES.
   Users shall provide wastewater treatment as necessary to comply with this subchapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 53.040 within the time limitations specified by the EPA, the state or the manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user’s expense. Detailed plans describing the facilities and operating procedures shall be submitted to the manager for review, and shall be acceptable to the manager before the facilities are constructed. The review and acceptance of the plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facilities as necessary to produce a discharge acceptable to the city under the provisions of this subchapter.
(1992 Code, § 41-120) (Ord. 47-81, passed 6-1-1981; Ord. 57-93, passed 7-12-1993; Ord. 19- 21, passed 2-16-2021)
§ 53.047 ADDITIONAL PRETREATMENT MEASURES.
   (a)   Whenever deemed necessary, the manager may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams and those other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this subchapter.
   (b)   The manager may require any person discharging into the POTW to install and maintain, on his or her property and at his or her expense, a suitable storage and flow control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
   (c)   Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(1992 Code, § 41-120.1) (Ord. 57-93, passed 7-12-1993)
§ 53.048 WASTEWATER ANALYSIS.
   When requested by the manager, a user must submit information on the nature and characteristics of its wastewater within a time period specified by the manager. The manager is authorized to prepare a form for this purpose and may periodically require users to update this information.
(1992 Code, § 41-120.2) (Ord. 57-93, passed 7-12-1993; Ord. 102-96, passed 9-3-1996)
§ 53.049 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS.
   (a)   At least once every two years, the manager shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The manager may require any user to develop, submit for approval and implement a plan. Alternatively, the manager may develop a plan for any user.
   (b)   An accidental discharge/slug control plan shall address, at a minimum, the following:
      (1)   Description of discharge practices, including nonroutine batch discharges;
      (2)   Description of stored chemicals;
      (3)   Procedures for immediately notifying the manager of any accidental or slug discharge, as required by § 53.071; and
      (4)   Procedures to prevent adverse impact from any accidental or slug discharge. The procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(1992 Code, § 41-121) (Ord. 57-93, passed 7-12-1993)
§ 53.050 WASTEWATER DISCHARGE PERMIT REQUIREMENT.
   (a)   No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the manager, except that a significant industrial user that has filed a timely application pursuant to § 53.051 may continue to discharge for the time period specified therein.
   (b)   The manager may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this subchapter.
   (c)   Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this subchapter and subjects the wastewater discharge permittee to the sanctions set out in sections of this subchapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
(1992 Code, § 41-122) (Ord. 125-84, passed 9-10-1984; Ord. 57-93, passed 7-12-1993) Penalty, see § 53.999
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