(A) No user shall discharge or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater disposal system to any public sewer except as permitted in writing by the Director of Engineering:
(1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater disposal system or to the operation of the system; (At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system or at any point in the system, be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.)
(2) Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, animal feces, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, gas tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes;
(3) Any wastewater having a pH less than 5.5 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater disposal system;
(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the wastewater disposal system; (A toxic pollutant shall include, but not be limited to any pollutant identified pursuant to Section 307 (a) of the Act.)
(5) Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and/or repair;
(6) Any substance which may cause the wastewater disposal system's effluent or any other product of the wastewater treatment process such as residues, sludge or scum, to be unsuitable for, or interfere with, normal disposal practices;
(7) Any substance which will cause the wastewater disposal system to violate its NPDES and/or state disposal system permit or the receiving water quality standards;
(8) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to dye wastes, ink and vegetable tanning solutions;
(9) Any wastewater causing, individually or in combination with other wastewater, the influent at the wastewater 104° F. (40° C.);
(10) Any slug load, which shall mean any pollutant, including oxygen demanding pollutants (BOD5, COD and the like), released in a discharge of the volume or strength as to cause interference in the wastewater disposal system; (In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than 30 minutes, more than five times the average 24-hour concentration of quantities, or flow during normal operation.)
(11) Any unpolluted water including, but not limited to cooling water, storm water or groundwater;
(12) Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in excess of 250 mg/l or containing substances which may solidify or become viscous at temperatures between 0° C. and 65° C.; and any wastewater containing oil and grease concentrations of mineral origin of greater than 100 mg/l, whether emulsified or not; and/or
(13) Wastewater containing inert suspended solids (such as, but not limited to Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to sodium chloride and sodium sulfate) in the quantities that they would cause interference with the wastewater disposal system.
(`86 Code, § 3.29)
(B) (1) Sludges, floats, skimmings and the like generated by an industrial or commercial pretreatment system shall not be placed in to the city's wastewater disposal system. The sludges shall be contained, transported and disposed of by haulers in accordance with all federal, state and local regulations.
(a) Enforcement.
1. Users shall notify the Superintendent immediately upon having a slug or accidental discharge of substances or wastewater in violation of this chapter in order to enable countermeasures to be taken to minimize damage to the wastewater disposal system and the receiving waters. The notification will not relieve users of liability for any expense, loss or damage to the wastewater disposal system and/or treatment process, or for any fines imposed on the city on account thereof under any state or federal law.
2. The city may suspend the wastewater treatment service and/or a wastewater discharge permit when the suspension is necessary, in the opinion of the City Council in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment or to the wastewater disposal system, or would cause the city to violate any condition of its NPDES or state disposal system permit.
3. Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Engineer shall take the steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or endangerment to any individuals. The Engineer shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the City Manager within 15 days of the date of occurrence.
(b) Revocation of permit. In accordance with the procedures given herein, the City Council may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of its discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or for violation of conditions of its permit, this chapter or applicable state and federal regulations.
(c) Notification of violation. Whenever the city finds that any person has violated or is violating this subchapter, wastewater discharge permit or any prohibition, limitation or requirement contained herein, the city may serve upon the person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
(d) Show cause hearing.
1. If the violation is not corrected by timely compliance, the city may order any user which causes or allows an unauthorized discharge to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
2. The City Council may itself conduct the hearing and take the evidence, or may designate any officer or employee of the city to:
a. Issue, in the name of the City Council, notice of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearings;
b. Take the evidence; and
c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
3. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore.
4. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(e) Legal action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the city, the City Attorney may, following the authorization of the action by the City Council, commence an action for appropriate legal and/or equitable relief.
(f) Annual publication. A list of the users which were not in compliance with any pretreatment requirements or standard at least once during the previous 12 months shall be published annually in the city's official newspaper. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
(2) Costs of damage. Any user violating any discharge limitation of this subchapter or who has a discharge which causes a deposit, obstruction, damage or other impairment to the city's wastewater disposal system shall become liable to the city for any expense, loss or damage caused by the violation or discharge. The city may add to the user's charges and fees the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this subchapter.
(3) Falsifying information. Any industrial user or representative or employee thereof, who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this subchapter, or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this subchapter, may, upon conviction, have its permit revoked by the City Council.
(4) Conflict. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this subchapter are hereby repealed to the extent of the inconsistency or conflict.
(`86 Code, § 3.32) Penalty, see § 53.99