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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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§ 53.064 REGULATION OF WASTE RECEIVED FROM REGIONAL WASTEWATER CUSTOMERS OR OTHER PUBLIC AGENCIES.
   (a)   If any other public agency contributes waste to the POTW, the city may enter into a joint powers agreement with the other public agency.
   (b)   Prior to entering into a joint powers agreement required by division (a) above, the manager or his or her representatives shall request the following information from the public agency:
      (1)   A description of the quality and volume of wastewater discharged to the POTW by the public agency;
      (2)   An inventory of all users located within the contributing public agency that are discharging to the POTW;
      (3)   Other information as the manager or his or her representative may deem necessary.
   (c)   A joint powers agreement, as required by division (a) above, shall at a minimum contain the following conditions:
      (1)   A requirement for the regional wastewater customer or other public agency to adopt or adopt by reference a wastewater ordinance which is at least as stringent as this subchapter and local limits which are at least as stringent as those set out in § 53.043. The requirement shall specify that the ordinance and limits must be revised as necessary to reflect changes made to ordinances or local limits;
      (2)   A requirement for the city regional wastewater customer or other public agency to submit a revised user inventory on at least an annual basis;
      (3)   A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the regional wastewater customer or other public agency; which of these activities will be conducted by the manager or his or her representative; and which of these activities will be conducted jointly by the regional wastewater customer or other public agency and the manager or his or her representative;
      (4)   A requirement for the regional wastewater customer or other public agency to provide the manager or his or her representative with access to all information that the regional wastewater customer or other public agency maintains as part of its pretreatment activities;
      (5)   Limits on the nature, quality, and volume of the regional wastewater customer or other public agency's wastewater at the designated monitoring point before it discharges to the POTW;
      (6)   Requirements for monitoring the regional wastewater customer or other public agency's discharge;
      (7)   A provision ensuring the manager and his or her representative's access to the facilities of users located within the regional wastewater customer or other public agency's boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the manager;
      (8)   A provision specifying remedies available to the city for breach of the terms of the joint powers agreement including, but not limited to, suspension or termination by the city without liability on the part of the city.
(1992 Code, § 41-123) (Ord. 57-93, passed 7-12-1993; Ord. 102-96, passed 9-3-1996; Ord. 35-13, passed 6-18-2013; Ord. 19-21, passed 2-16-2021)
§ 53.065 HAULED LIQUID WASTE.
   (a)   No person, corporation, residence, commercial establishment, industry or institution shall engage in the practice of pumping, hauling or disposing of liquid waste in the city, unless a current license issued by the city is held to engage in the practice. An application for a liquid waste hauler’s license shall be submitted to and approved by the manager. Any license issued pursuant to the provision of this subchapter is subject to the following conditions:
      (1)   The license shall expire on December 31 following its date of issuance;
      (2)   The license shall be nontransferable;
      (3)   The licensee shall furnish proof of:
         A.   Automobile liability insurance covering all owned, non-owned and hired automobiles, trucks and trailers. The insurance shall provide coverage at least as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence;
         B.   Commercial general liability insurance providing coverage not less than that of the standard commercial general liability insurance policy for operations of the licensee. The policy shall include contractual personal injury, bodily injury and property damage liability coverages not less than $2,000,000 general aggregate; and
         C.   Workers’ compensation insurance with statutory limits of the workers’ compensation laws of the state and Coverage B, employer’s liability, covering operation of the licensee. This shall include “other states insurance” so as to include all states not named on the declarations page of the insurance policy, but excepting monopolistic state funds states. The available limits for Coverage B, employer’s liability shall not be less than $1,000,000 each accident, $1,000,000 disease–policy limits.
      (4)   All liquid waste haulers shall be bonded in an amount of at least $25,000, indemnifying the public against damages sustained by reason of any spill, dumping or discharge of any liquid waste, hazardous waste or incompatible waste within the jurisdictional limits of the city. Proof of bonding shall be filed with the manager prior to issuance of a license;
      (5)   The license is subject to denial or revocation for violation by the licensee of any applicable provision of this Code, state law or city rule or regulation; and
      (6)   The license required by this section for liquid waste haulers shall not apply to vehicles owned by the city engaged in work as authorized by the manager or his or her authorized representative.
   (b)   At the time of collection, all liquid waste generators shall supply the liquid waste hauler with a completed liquid waste disposal coupon accurately identifying the contents of the liquid waste. The manager may require site specific liquid wastes to be hauled separately by liquid waste haulers. At the time of disposal, the liquid waste hauler must supply the city with a complete and accurate liquid waste disposal coupon. Unauthorized dumping or discharge is prohibited as follows.
      (1)   The unauthorized dumping or discharge of liquid waste into the sanitary sewer system of the city, other than at a disposal station designated by the manager, is prohibited.
      (2)   The dumping or discharge of hazardous wastes or incompatible wastes into the sanitary sewer system of the city is prohibited.
      (3)   Intentionally providing false or inaccurate information on the liquid waste disposal coupon required in this section is prohibited.
(1992 Code, § 41-124) (Ord. 51-88, passed 6-20-1988; Ord. 33-90, passed 4-9-1990; Ord. 57-93, passed 7-12-1993; Ord. 102-96, passed 9-3-1996; Ord. 19-21, passed 2-16-2021)
§ 53.066 BASELINE MONITORING REPORTS.
   (a)   Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the manager a report which contains the information listed in division (b) below. At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the manager a report which contains the information listed in division (b) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
   (b)   Users described above shall submit the information set forth below:
      (1)   Identifying information. The name and address of the facility, including the name of the operator and owner;
      (2)   Environmental permits. A list of any environmental control permits held by or for the facility;
      (3)   Description of operation(s). A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by the user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
      (4)   Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. § 403.6(e);
      (5)   Measurement of pollutants.
         A.   The categorical pretreatment standards applicable to each regulated process;
         B.   The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the manager, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 53.075; and
         C.   Sampling must be performed in accordance with procedures set out in § 53.076.
      (6)   Certification. A statement, reviewed by the user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements;
      (7)   Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 53.067; and
      (8)   Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 53.054.
(1992 Code, § 41-125) (Ord. 57-93, passed 7-12-1993)
§ 53.067 COMPLIANCE SCHEDULE PROGRESS REPORTS.
   The following conditions shall apply to the compliance schedule required by § 53.066(b)(7).
   (a)   The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (these events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation).
   (b)   No increment referred to above shall exceed nine months.
   (c)   The user shall submit a progress report to the manager no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.
   (d)   In no event shall more than nine months elapse between progress reports to the manager.
(1992 Code, § 41-125.1) (Ord. 57-93, passed 7-12-1993)
§ 53.068 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE.
   Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to these pretreatment standards and requirements shall submit to the manager a report containing the information described in § 53.066(b)(4) through (b)(6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 53.054.
(1992 Code, § 41-125.2)
§ 53.069 PERIODIC COMPLIANCE REPORTS.
   (a)   All significant industrial users shall, at a frequency determined by the manager but in no case less than twice per year (in July and January), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 53.054.
   (b)   All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
   (c)   If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the manager, using the procedures prescribed in § 53.076, the results of this monitoring shall be included in the report.
(1992 Code, § 41-125.3) (Ord. 57-93, passed 7-12-1993)
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