A. Wastewater Discharge Permit Requirements: No industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the city. It shall be unlawful to discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the city, and/or to the POTW without having first complied with the terms of this chapter. All industrial dischargers proposing to discharge waste to the POTW shall comply with all terms of this chapter prior to discharging waste to the POTW. The city may require other users, including liquid waste haulers, to obtain wastewater discharge permits to carry out the purposes of this chapter. Domestic users are exempt from the provisions of this chapter.
1. Disclosure Forms: Prior to the city granting a wastewater discharge permit, the industrial discharger shall complete and file with the city a disclosure declaration in the form prescribed by the city. Existing industrial dischargers shall file disclosure forms within thirty (30) days of being notified by the city and proposed new users and new sources shall file their disclosure forms at least ninety (90) days prior to connecting to the POTW. Categorical users submitting the following information shall have complied with 40 CFR 403.12 (b). The city will evaluate the complete disclosure form and data furnished by the discharger and may require additional information. Within thirty (30) days after full evaluation and acceptance of the data furnished, the city shall notify the discharger of the city's acceptance thereof. A wastewater discharge permit may be issued setting forth limitations of various waste strengths as addressed under section 7-6-4 of this chapter. The city reserves the right not to issue a wastewater discharge permit. The disclosure to be made by the discharger shall be on written forms provided by the city and shall cover:
a. Disclosure of name of facility, address and location of the facility, owner's and operator's name (if different).
b. Disclosure of wastewater sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in section 7-6-4 of this chapter. Both daily maximum and average concentration (or mass, where required) shall be reported. A minimum of one representative sample is necessary to comply with this subsection A1b. Sampling and analysis shall be performed in accordance with procedures established by the EPA and contained in 40 CFR part 136, as amended.
c. Disclosure of time and duration of discharges. Categorical users shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated, manufacturing process streams or other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e).
d. Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the city due to cost or nonfeasibility.
e. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.
f. Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the city.
g. Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter and all applicable pretreatment standards in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and, if not, whether additional pretreatment is required for the discharger to comply with this chapter.
h. Disclosure of each product produced by type, amount, process or processes and rate of production as it relates to wastewater flow generation, number of employees, a schematic process diagram indicating points of discharge from regulated or manufacturing processes.
i. Disclosure of the type and amount of raw materials, including chemicals utilized (average and maximum per day) and normal operating hours.
j. All disclosure forms shall be signed by an authorized representative of the user using the certification text stated in subsection D1a of this section.
k. A list of any environmental control permits held by or for the facility.
B. Industrial Waste Discharge Permit: Industrial wastewater permits shall include such conditions as are reasonably deemed necessary by the superintendent to prevent pass through or interference, protect the quality of the Snake River, protect worker health and safety, facilitate sludge management and disposal, and protect the POTW against damage.
1. Wastewater Permit Contents: Wastewater discharge permits must contain the following conditions:
a. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years. Each significant industrial user discharge permit will indicate a specific date upon which it will expire;
b. A statement that the wastewater discharge permit is nontransferable without prior notification to (and approval from) the superintendent, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
c. Applicable pretreatment standards and requirements, including any special state requirements;
d. Self-monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
e. Requirement to notify the city immediately of all discharges that could cause problems to the POTW including any slug loadings as defined in section 7-6-3 of this chapter;
f. Requirement for immediate notification to the POTW where self-monitoring results indicate noncompliance;
g. Requirement to report a bypass or upset of a pretreatment facility;
h. Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit results to the POTW within thirty (30) days after becoming aware of the violation;
i. A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule.
2. Wastewater Discharge Permit Conditions:
a. Reassignment Or Transfer Of Permits: Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days' advance notice to the superintendent and the superintendent approves the wastewater discharge permit transfer. The notice to the superintendent must include a written certification by the new owner and/or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Provided that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner's permit.
Failure to provide advance notice of transfer renders the wastewater discharge permit voidable as of the date of facility transfer.
b. Duty To Reapply: The city shall notify the discharger ninety (90) days prior to the expiration of the discharger's wastewater discharge permit. Within thirty (30) days of the notification, the discharger shall reapply for reissuance of the wastewater discharge permit on a form provided by the city. A user, whose existing wastewater discharge permit has expired and has submitted its reapplication in the time period specified herein, shall be deemed to have an effective wastewater permit until the city issues or denies the new wastewater permit. A user, whose existing wastewater discharge permit has expired and who failed to submit its reapplication in the time period specified herein, will be deemed to be discharging without a wastewater discharge permit.
c. Severability: The provisions of a wastewater discharge permit are severable, and if any provision of this wastewater discharge permit, or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby.
d. Property Rights: The issuance of a wastewater discharge permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any invasion of personal rights, nor any infringement of federal, state or local regulations.
e. Permit Holders Outside City Limits: All permit holders outside the city limits shall be subject to all the same sewer use regulations as permit holders inside the city limits.
f. Inspection And Sampling Points: The city may require inspection and sampling manholes, flow recording devices, or sampling equipment at each sewer discharge to the city if deemed necessary by the superintendent to assure compliance with this chapter. The superintendent may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line, or wastewater treatment system). All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.
3. Wastewater Discharge Permit Appeals: Any person, including the user, may petition the city to reconsider the terms of a wastewater discharge permit within ninety (90) days of its issuance.
a. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
b. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
c. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
d. If the city fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative actions for purposes of judicial review.
e. Aggrieved parties seeking judicial review of the final administrative wastewater discharger permit decision must do so by filing a complaint with the district court for Washington County within the state of Idaho.
4. Wastewater Discharge Permit Modification: The superintendent may modify the wastewater discharge permit for good cause including, but not limited to, the following:
a. To incorporate any new or revised federal, state or local pretreatment standards or requirements.
b. To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance.
c. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
d. Information indicating that the permitted discharge poses a threat to the city POTW, city personnel or the receiving waters.
e. Violation of any terms or conditions of the wastewater discharge permit.
f. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
g. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.
h. To correct typographical or other errors in the wastewater discharge permit.
i. To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
5. Revocation Of Wastewater Discharge Permit: The wastewater discharge permit issued to the industrial user by the city may be revoked for, but not limited to, the following reasons:
a. Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
b. Failure to provide notification to the city of changed conditions;
c. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
d. Falsifying self-monitoring reports;
e. Tampering with monitoring equipment;
f. Refusing to allow the city timely access to the facility premises and records;
g. Failure to meet discharge limitations;
h. Failure to pay fines;
i. Failure to pay sewer charges;
j. Failure to meet compliance schedules;
k. Failure to complete a wastewater survey or the wastewater discharge permit application;
l. Failure to provide advance notice of the transfer of a permitted facility;
m. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit of this chapter; or
n. If the city has to invoke its emergency provision as stated in section 7-6-7 of this chapter.
C. Compliance Schedules For Meeting Applicable Pretreatment Standards: Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities.
1. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment equipment required for the discharger to comply with the requirements of this chapter including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this chapter.
2. Only upon recommendation of the board of sewer appraisers and approval of the city council shall the city permit a time increment directed toward compliance to exceed nine (9) months. Categorical industrial users shall not be allowed to exceed nine (9) months for a compliance schedule increment.
3. Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the city, including no less than a statement as to whether or not it complied with the increment of progress represented by the milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine (9) months elapse between such progress reports to the city.
D. Reporting Requirements For Discharger:
1. Compliance Date Report: Within ninety (90) days following the commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to this chapter shall upon request of the superintendent submit to the city a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. In the case of categorical dischargers, the flows and pollutant concentrations (or mass) of the wastestreams from processes regulated under categorical standards must be reported separately. This report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the discharger into compliance with applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the discharger with the following certification:
a. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
2. Periodic Compliance Reports:
a. Reports: Any discharger subject to any applicable pretreatment standard set forth in this chapter, after compliance date of such pretreatment standard, or in the case of a new user after commencement of discharge to the city, shall submit to the city during the months of June and December, unless required more frequently by the city, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in subsection D1 of this section. Flows shall be reported based on actual measurement, provided, however, where cost or feasibility considerations justify, the city may accept reports of average and maximum flows estimated by verifiable techniques. The city, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of said reports on months other than those specified above. A certification statement signed by an authorized representative of the discharger is required as a part of the periodic compliance reports for categorical users (see subsection D1a of this section).
b. Reports To Determine Charges: The city may require reporting by users that are not required to have an industrial wastewater discharge permit if information or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system.
c. Self-Monitoring: The city may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the city agrees to perform such periodic compliance monitoring, it may charge the user for such monitoring, based upon the costs incurred by the city for sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills. The city is under no obligation to perform periodic compliance monitoring for a user.
d. Report Contents: Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration of regulated pollutants, or production and mass where required by the city. The frequency of monitoring by the discharger shall be as prescribed by the city but not less than twice a year unless the city agrees to sample instead. All analyses shall be performed in accordance with procedures established by the city pursuant to section 304(g) of the act and contained in 40 CFR part 136, in subsection I of this section and amendments thereto, or with any other test procedures approved by the city. Sampling shall be performed in accordance with the techniques approved by the city and shall be representative of wastewater discharges during the reporting period. Where 40 CFR part 136, does not include sampling or analytical techniques for the pollutants in question, or where the city determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods, or any other sampling and analytical procedures including procedures suggested by the city or other parties approved by the city. A certification statement signed by an authorized representative of the discharger is required as a part of the periodic compliance reports for categorical users (see subsection D1a of this section).
e. Notification Of Significant Production Changes: Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the city within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater discharge permit.
f. Notice Of Potential Problems Including Accidental Spills And/Or Slug Loadings: Any user shall notify the city immediately of all discharges that could cause problems to the POTW including any slug loadings as defined in section 7-6-3 of this chapter. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during the notification. Any user who discharged a "slug" (or slugs) of prohibited materials shall be liable for any expense, loss or damage to the POTW in addition to the amount of any fines imposed on the city under state or federal law.
g. Noncompliance Reporting: If sampling performed by a user indicates a violation, the user shall notify the city within twenty four (24) hours of becoming aware of the violation. The user shall also repeat the sampling within five (5) days and submit the results of the repeat analysis to the city within thirty (30) days after becoming aware of the violation, except the user is not required to resample if:
(1) The city performs sampling at the user's facility at a frequency of at least once per month, or
(2) The city performs sampling at the user's facility between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
h. Notification Of Changed Discharge: All users shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12 (p).
E. Recordkeeping: Users subject to the reporting requirements of this chapter shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the superintendent.
F. Monitoring Facilities: Each discharger shall provide and operate, at the discharger's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each wastewater discharge to the sewer. Each monitoring facility shall be situated on the discharger's premises, except where such location would be impractical or cause undue hardship on the discharger; the city may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The city, whenever applicable, may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line, wastewater treatment system). All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
1. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger. All devices used to measure wastewater flow and quality shall be calibrated at a frequency determined by the city to ensure their accuracy.
2. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Construction shall be completed within one hundred twenty (120) days of receipt of the permit by the discharger.
G. Inspection And Sampling: The city shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter, and any wastewater discharge permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. Users shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties.
1. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city will be permitted to enter, without delay, for the purposes of performing specific responsibilities.
2. The city shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
3. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the user.
4. Unreasonable delays in allowing the city's pretreatment staff access to the user's premises shall be a violation of this chapter.
H. Sampling Requirements For Users:
1. A minimum of four (4) grab samples must be used for pH, cyanide, total phenols, fats, oils and greases, sulfide and volatile organics. The city will determine on a case by case basis whether the user may be able to composite the individual grab samples. For all other pollutants, twenty four (24) hour composite samples must be obtained through flow proportional composite sampling techniques where feasible. The city may waive flow proportional composite sampling for any user that demonstrates that flow proportional sampling is infeasible. In such cases, samples may be obtained through time proportional composite sampling techniques or through a minimum of eight (8) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
2. Samples should be taken immediately downstream from pretreatment facilities if such exist, or immediately downstream from the regulated or manufacturing process if no pretreatment exists, or as determined by the city and contained in the user's wastewater discharge permit. For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastes formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable pretreatment standards. For other SIUs, for which the city has adjusted its local limits to factor out dilution flows, the user should measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).
3. All sample results shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its wastewater discharge permit, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.
I. Analytical Requirements: All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in questions, sampling and analyses must be performed in accordance with procedures approved by the EPA.
1. The city will follow the same procedures as outlined in subsections H and I of this section for sampling and analyzing industrial user's wastewater.
J. Search Warrants: If the city pretreatment staff has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the superintendent shall seek issuance of a search and/or seizure warrant from the magistrate division of the district court. Such warrant shall be served at reasonable hours by the superintendent in the company of a uniformed police officer of the city of Weiser.
K. Confidential Information: Information and data furnished to the city with respect to the nature and frequency of discharge shall be available to the public without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
1. Information accepted by the city as confidential shall not be transmitted to the general public by the city until, and unless, a ten (10) day notification is given to the discharger, but shall be made available immediately upon request to governmental agencies for use related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report.
2. Wastewater constituents and characteristics will not be recognized as confidential information and will be available to the public without restriction.
L. Pretreatment Facilities: Detailed plans showing the pretreatment facilities shall be submitted to the city for review, and must be acceptable to the city before construction of the facility. The review of such plans shall in no way relieve the discharger from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. Within a reasonable time after the completion of the wastewater pretreatment facility, the discharger shall furnish its operation and maintenance procedures for the city to review. Any subsequent, significant changes in the pretreatment facility or its method of operation shall be reported to and accepted by the city prior to the discharger's initiation of the changes.
M. Hazardous Waste Notification: Any user that is discharging fifteen (15) kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide a onetime notification in writing to the city, EPA regional waste management division director, and to the Idaho state hazardous materials bureau. Any existing user exempt from this notification shall comply with the requirements contained herein within thirty (30) days of becoming aware of a discharge of fifteen (15) kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the POTW.
Such notification shall include:
1. The name of the hazardous waste as set forth in 40 CFR part 261.
2. The EPA hazardous waste number; and
3. The type of discharge (continuous, batch, or other).
4. If an industrial user discharges more than one hundred (100) kilograms of such wastes per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial user:
a. An identification of the hazardous constituents contained in the wastes;
b. An estimation of the mass and concentration of such constituents in the waste streams discharged during that calendar month; and
c. An estimation of the mass of constituents in the waste streams expected to be discharged during the following twelve (12) months.
These notification requirements do not apply to pollutants already reported under self-monitoring requirements. Whenever the EPA publishes final rules identifying hazardous wastes or new characteristics of hazardous waste, a use shall notify the city of the discharge of such a substance within ninety (90) days of the effective date of such regulations. In the case of any notification made under subsection M4 of this section, an industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (Ord. 1090, 8-24-1999)