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Windsor Heights, IA Code of Ordinances
WINDSOR HEIGHTS, IA CODE OF ORDINANCES
ORDINANCES PENDING CODIFICATION
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 BOUNDARIES
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 URBAN RENEWAL
CHAPTER 9 HOTEL-MOTEL TAX
CHAPTER 10 DEFERRED COMPENSATION FOR CITY EMPLOYEES
CHAPTER 11 URBAN REVITALIZATION
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 FINANCE DIRECTOR/TREASURER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 PUBLIC WORKS DIRECTOR
CHAPTER 23 PLANNING AND ZONING COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 30.11 UNBIASED POLICING POLICY
CHAPTER 31 ALARM SYSTEMS
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
CHAPTER 37 FIRE CODE
CHAPTER 40 PUBLIC OFFENSES
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 DAMAGED OR INOPERABLE VEHICLES
CHAPTER 52 ABANDONED VEHICLES
CHAPTER 53 LITTER CONTROL
CHAPTER 54 NOISE POLLUTION
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS DOGS
CHAPTER 57 ILLEGAL OR DANGEROUS ANIMALS
CHAPTER 60 TRAFFIC AND VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 CROSS CONNECTION CONTROL
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 100 REGULATION OF INDUSTRIAL WASTEWATER AND COMMERCIAL WASTEWATER
CHAPTER 101 STORM WATER DRAINAGE UTILITY
CHAPTER 102 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 105 SOLID WASTE CONTROL AND RECYCLING
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 107 SOLID WASTE DISPOSAL
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 FRANCHISE FEES
CHAPTER 113 CABLE TELEVISION REGULATIONS
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 123 HOUSE MOVERS
CHAPTER 124 PAWNBROKERS
CHAPTER 125 ADULT ENTERTAINMENT FACILITIES
CHAPTER 126 PUBLIC DANCE HALLS
CHAPTER 135 EXCAVATIONS OF PUBLIC PROPERTY
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET AND SIDEWALK GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 140 DRIVEWAY REGULATIONS
CHAPTER 141 FIBER OPTIC CABLE LICENSE
CHAPTER 142 PARKLETS
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES AND VEGETATION
CHAPTER 152 TEMPORARY STRUCTURES
CHAPTER 153 TEMPORARY SIGNS
CHAPTER 155 BUILDING CODES
CHAPTER 156 PROPERTY MAINTENANCE AND RENTAL HOUSING CODE
CHAPTER 157 STANDARD CONSTRUCTION SPECIFICATIONS
CHAPTER 158 MECHANICAL CODE
CHAPTER 159 PLUMBING CODE
CHAPTER 160 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 161 POST-CONSTRUCTION STORM WATER CONTROL
CHAPTER 162 FUEL GAS CODE
CHAPTER 163 DEMOLITION & RAZE PERMIT
CHAPTER 165 ZONING CODE - GENERAL PROVISIONS
CHAPTER 166 ZONING CODE - DEFINITIONS
CHAPTER 167 ZONING CODE - USE TYPES
CHAPTER 168 ZONING CODE - ZONING DISTRICT REGULATIONS
CHAPTER 169 ZONING CODE - OVERLAY DISTRICTS
CHAPTER 170 ZONING CODE - DEVELOPMENT AND DESIGN STANDARDS
CHAPTER 171 TEMPORARY USES AND STRUCTURES
CHAPTER 172 ZONING CODE - SUPPLEMENTAL SITE DEVELOPMENT REGULATIONS
CHAPTER 173 ZONING CODE - LANDSCAPING AND SCREENING STANDARDS
CHAPTER 174 ZONING CODE - OFF-STREET PARKING
CHAPTER 175 ZONING CODE - SIGN REGULATIONS
CHAPTER 176 ZONING CODE - NONCONFORMING DEVELOPMENT
CHAPTER 177 ZONING CODE - ADMINISTRATION AND PROCEDURES
CHAPTER 178 COMPREHENSIVE PLAN
CHAPTER 179 BOARD OF ADJUSTMENT
CHAPTER 180 CONDITIONAL USE PERMITS
CHAPTER 181 ADMINISTRATION AND ENFORCEMENT
CHAPTER 183 MOBILE FOOD UNITS
CHAPTER 185 FLOODPLAIN MANAGEMENT
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100.09 RESERVED.
DIVISION 2. WASTEWATER TREATMENT AND PRETREATMENT.
100.10 USER REQUIREMENTS.
   1.   The following requirements shall apply to all users of the POTW:
      A.   All users shall promptly notify the WRA Director in advance of any substantial change in the volume or character of pollutants in their discharge.
      B.   New or increased contributions of pollutants or changes in the nature of pollutant discharged to the POTW shall require prior approval by the WRA Director.
      C.   Industrial users shall notify the WRA Director, the Environmental Protection Agency Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. The notification shall comply with the requirements set forth in 40 CFR 403.12(p).
      D.   Discharge of any pollutants without the notice and approval required by this section is prohibited. Upon the receipt of notice required by this section, the WRA Director shall within 180 days or less approve the discharge if he or she finds the proposed discharge meets applicable pretreatment standards and requirements and would not cause the WRA to violate its National Pollutant Discharge Elimination System permit. The WRA Director shall deny permission for the discharge if he or she finds applicable pretreatment standards and requirements are not met or the discharge would cause a violation of the National Pollutant Discharge Elimination System permit for the WRF.
   In lieu of denial of permission for discharge, the WRA Director may allow such discharge or contribution upon conditions which would not violate applicable pretreatment standards or requirements and would not cause a violation of the National Pollutant Discharge Elimination System permit for the WRF.
      E.   Food service establishments shall be regulated first under Division 5 of this ordinance but may be required to obtain a wastewater discharge permit and be subject to the requirements of Divisions 1-4 if the WRA Director determines that additional pretreatment is required in order to comply with fat, oil, & grease discharge limits.
   2.   Any part of this section notwithstanding, upon receipt of the notice required by this section, the WRA Director may require, in addition to the requirements of this section, that an industrial user obtain a permit under this chapter.
   3.   Users who are determined to be industrial users as herein defined and who refuse to apply for or obtain a wastewater discharge permit shall be subject to termination of sewer services as provided in Section 100.47 hereof.
100.11 DISCHARGE PROHIBITIONS.
   The following general prohibitions shall apply to all users of the POTW unless the user is subject to a more restrictive National Categorical Pretreatment Standards, the Iowa Department of Natural Resources, or wastewater discharge permit limit. The following substances are prohibited from discharge to the POTW:
   1.   Pollutants creating a fire or explosion hazard in the POTW, including but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using test methods referenced in 40 CFR 261.21. Waste streams shall not be ignitable at ambient temperatures. At no time shall two successive readings on a meter capable of reading L.E.L. (lower explosive limit) at the nearest accessible point to the POTW, at the point of discharge into the POTW or at any point in the POTW, be more than five percent nor any single reading greater than ten percent.
   2.   Any substance which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0 or greater than 12.0.
   3.   Solid or viscous pollutants which will cause obstruction to the flow in the POTW resulting in interference. Such pollutants include but are not limited to grease, garbage with particles greater than one-half inch any dimension, animal tissues, 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, wipes, spent grains, spent hops, wastepaper, wood, plastics, tar, asphalt residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing waste, or tumbling and de-burring stones, and wastewater containing fat, wax, O&G, or other substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius).
   4.   Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate or pollutant concentration which will cause interference or pass through at the WRF or which constitutes a slug load as defined in this chapter.
   5.   Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius) at the point of introduction into the POTW, and in no case wastewater or vapor which alone or in concert with other discharges produces a temperature at the WRF greater than 104 degrees Fahrenheit (40 degrees Celsius).
   6.   Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.
   7.   Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems or a public nuisance.
   8.   Any trucked or hauled pollutants, except at discharge points designated by the WRA.
   9.   Any radioactive material as defined in the Atomic Energy Act of 1954, as amended, and as defined in I.C. §136C.1, except materials which meet conditions of disposal by release into sanitary sewerage pursuant to 10 CFR 20.2003.
(Subsection 9 – Ord. 22-07 – Oct. 22 Supp.)
   10.   Any wastewater containing concentrations of 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, which exceed 3,000 mg/l nonvolatile or 3,000 mg/l total dissolved solids unless approved by the WRA Director.
   11.   Pollutants causing excessive discoloration, such as but not limited to dye waste and vegetable tanning solutions.
   12.   Hazardous waste pharmaceuticals for human or animal use as defined in 40 CFR 266.500.   
(Subsection 12 – Ord. 22-07 – Oct. 22 Supp.)
100.12 LOCAL LIMITS FOR SPECIFIC POLLUTANTS.
   1.   Generally. Local limits for specific pollutants discharged pursuant to this chapter shall be as follows:
      A.   Dilution. Dilution of the discharge from a pretreatment facility or from a regulated process is prohibited as a method for treatment of wastes in order to meet the limits set forth in this chapter.
      B.   Sample location. Measurement of pollutant concentrations to determine compliance shall be made at the point immediately following the pretreatment facility and before mixture with other waters, unless another point is designated by the WRA Director. If necessary, the concentrations so measured shall be recomputed to exclude the effect of any dilution that is improper using the combined waste stream formula.
   2.   Headworks limits; average mass. The average composite loading of all industrial users contributing the following specific pollutants to the POTW shall not exceed the allowable total pounds. The allocation of pollutants between industrial and nonindustrial sources may be adjusted by the director provided that the allowable total loading for any pollutant at the headworks of the WRF is not exceeded.
 
30-Day Average Allowable Pounds/Day
Pollutant
Total
Industrial
BOD
195,600
135,153
TSS
300,400
208,463
NH3
13,000
6,959
TKN
27,760
16,950
 
Maximum Allowable Headworks Loading Pounds/Day
Maximum Allowable Industrial Loading Pounds/Day
Maximum Allowable Headworks Loading Pounds/Day
Maximum Allowable Industrial Loading Pounds/Day
Pollutant
Total
Industrial
Arsenic-T
7.58
3.81
Cadmium-T
3.65
2.16
Chromium-T
136.35
120.90
Copper-T
148.56
125.51
Cyanide-T
17.08
8.28
Lead-T
28.17
20.94
Mercury-T
0.999
0.747
Nickel-T
87.27
75.75
Silver-T
23.30
19.77
Zinc-T
360.59
283.53
 
   3.   Discharge concentration limits and review criteria.  Discharge concentration limits and review criteria shall be as follows:
      A.   The discharge into the POTW of any materials, water or waste having a pollutant concentration greater than the limits in Subsections (3)(C), (D), and (E) of this section or containing pollutants not listed in this subsection shall be subject to the review and approval of the WRA Director. After review of the proposed discharges, the WRA Director may:
         (1)   Reject the waste for reasons consistent with Section 100.05 of this chapter.
         (2)   Require pretreatment to an acceptable pollutant concentration for discharge to the POTW.
         (3)   Require control of the quantities and rates of discharge of the water or waste.
         (4)   Require payment to cover the added cost of handling and treatment of water and waste or any combination thereof.
         (5)   Reduce the maximum or average mass loading of present and prospective individual users on any reasonable prorated basis to meet headworks loading limits at the WRF.
         (6)   Require the user to obtain a wastewater discharge permit and be subject to any of the rules and regulations contained therein.
         (7)   Require the user to meet local limits when local limits are more restrictive than National Categorical Pretreatment Standards, provided that headworks loading limits are met.
         (8)   Initiate enforcement action in response to any noncompliance with this chapter using the enforcement procedures outlined in this chapter.
         (9)   Take any combination of the steps in Subsections 3(A)(1) through 3(A)(7), as appropriate.
      B.   Users discharging wastewater to the POTW whose pollutant concentrations or flows are greater than the following shall be considered industrial users for purposes of sewer charges and may be regulated or permitted by the WRA Director as appropriate:
Pollutant
Daily Maximum (mg/l)
Pollutant
Daily Maximum (mg/l)
a.
BOD
200
b.
TSS
250
c.
COD
300
d.
O&G-T
100
e.
TKN
30
f.
NH3-N
15
g.
An average daily flow greater than 5,000 gallons or having an unusual concentration of flow.
      C.   Pollutant limits. Average and maximum concentration limits for users without National Categorical Pretreatment Standards for these pollutants shall be as follows:
Pollutant
Daily Maximum (mg/l)
Monthly Average (mg/l)
Pollutant
Daily Maximum (mg/l)
Monthly Average (mg/l)
Arsenic-T
0.38
0.25
Cadmium-T
0.08
0.05
Chromium-T
6.43
4.29
Copper-T
10.21
6.80
Cyanide-T
0.53
0.36
Lead-T
1.43
0.95
Mercury-T
0.042
0.028
Nickel-T
7.22
4.81
O&G-T
400.0
--
O&G-Mineral
100.0
--
Silver-T
1.30
0.87
VPH
10.0
--
Zinc-T
19.64
13.09
 
   pH range shall be not lower than 5.0 or greater than 12.0.
   Temperatures (liquids or vapors) shall be not greater than 150 degrees Fahrenheit at the point of entry into the POTW.
      D.   Daily maximum pollutant limits for hauled waste. Wastes delivered to the WRF by truck or rail shall not exceed the following concentrations in any load or overall daily loading limits unless otherwise approved by the WRA Director:
Pollutant
Concentration (mg/l)
Loading (pounds/day)
Pollutant
Concentration (mg/l)
Loading (pounds/day)
COD
100,000
--
O&G-T
50,000
--
VPH
10.0
--
Arsenic-T
--
0.014
Cadmium-T
--
0.93
Chromium-T
--
24.74
Copper-T
--
23.71
Cyanide-T
--
0.29
Lead-T
--
6.70
Mercury-T
--
0.12
Nickel-T
--
3.71
Silver-T
--
0.26
Zinc-T
--
87.62
 
   pH range shall be not lower than 5.0 or greater than 12.0.
   E.   Daily maximum limit for gasoline cleanup projects. Discharge of wastewater from sites where gasoline is being removed from the soil or groundwater shall meet the following limits prior to discharge to the POTW:
 
Pollutant
mg/l
Benzene
0.050
BETX
0.750
 
   4.   No subsection of this section shall be construed to provide lesser discharge standards than are or that may be imposed and required by U.S. Environmental Protection Agency or the Iowa Department of Natural Resources, nor to allow the average allowable total loading for any pollutant at the headworks of the WRF to be exceeded.
100.13 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
   Users subject to National Categorical Pretreatment Standards (NCPS) as contained in 40 CFR I, Subchapter N, Part 405-471 shall comply with the standards and applicable reporting requirements under 40 CFR 403.12. New sources of categorical discharge shall meet National Categorical Pretreatment Standards in the shortest feasible time, but in no case longer than 90 days from the commencement of discharge. Failure to comply shall be a violation of this chapter and subject the user to enforcement action. The WRA is required to notify all known affected categorical users of the applicable reporting requirements under 40 CFR 403.12. Failure of the WRA to notify a user shall not relieve the user of the duty, if any, to comply with National Categorical Pretreatment Standards.
100.14 STATE REQUIREMENTS.
   State of Iowa requirements and limitations on discharges pursuant to this chapter shall apply when they are more stringent than U.S. Environmental Protection Agency or WRA requirements and limitations unless allowed by the Iowa Department of Natural Resources.
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