A. Permit For Industrial Wastewater Discharge:
1. Required: No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the city without first obtaining a city permit for industrial wastewater discharge.
2. Permit Requirements: The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter.
3. Transferability: No city permit for industrial wastewater discharge is transferable without the prior written consent of the city.
4. Amended Permit: No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit should apply to the city for an amended permit. (1973 Code § 13.36.440)
B. Application:
1. Form; Additional Information: Applicants for a permit for industrial wastewater discharge shall complete a city application form available at the office of the city clerk. The city may require additional information on the characteristics of the wastewater discharge beyond that required on the application form.
2. Processing Of Application: Upon receipt of all required information, the application shall be processed and, upon approval, be signed by a representative of the city and one copy returned to the applicant. When properly signed, the application form shall constitute a valid permit for industrial wastewater discharge.
3. Application Approval: The application shall be approved if the applicant has complied with all applicable requirements of this chapter and furnished to the city all requested information and if the city determines that there is adequate capacity in the city facilities to convey, treat and dispose of the wastewaters. (1973 Code § 13.36.450)
C. Changes In Restrictions: The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The city shall allow an industrial discharger a reasonable period of time to comply with any changes in the industrial wastewater permit required by the city. (1973 Code § 13.36.460)
D. Prohibited Discharges:
1. Technical Determinations: In most cases, the concentration or amount of any particular constituent which will be judged to be excessive or unreasonable cannot be foreseen but will depend on the results of technical determinations and the actions of regulatory agencies. The list of constituents which may be regulated provides specific limits only where they are now reasonably well established. The other constituents in the list are presented with the objective of enumerating the types of wastes which will be regulated from time to time.
2. Discharge Prohibited: No person shall discharge or cause to be discharged to a public sewer, which directly or indirectly connects to the city sewerage systems, the following wastes:
a. Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the sewerage system;
b. Any waste containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system;
c. Any waste having a pH lower than 6.0, or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the sewerage system;
d. Any solid or viscous substances of such size or in such quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations. These objectionable substances include, but are not limited to: asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers or other similar paper products, either whole or ground;
e. Any rainwater, storm water, ground water, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water;
f. Any excessive quantity of water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations;
g. Any excessive quantities of nonbiodegradable cutting oil, commonly called soluble oil, which form persistent water emulsions;
h. Any excessive concentrations of nonbiodegradable oil, petroleum oil or refined petroleum products;
i. Any dispersed biodegradable oils and fats, such as lard, tallow or vegetable oil in excessive concentrations that would tend to cause adverse effects on the sewerage system;
j. Any waste with an excessively high concentration of cyanide;
k. Any unreasonably large amounts of undissolved or dissolved solids;
l. Any wastes with excessively high BOD, COD or decomposable organic content;
m. Any abnormally strong odorous waste or waste tending to create odors;
n. Any excessive quantities of waste containing over one-tenth milligram/liter (0.1 mg/l) of dissolved sulfides;
o. Any wastes with a pH high enough to cause alkaline incrustations on sewer walls;
p. Any substance promoting or causing the promotion of toxic gases;
q. Any excessive quantity of waste having a temperature of one hundred twenty degrees Fahrenheit (120°F) or higher;
r. Any excessive quantity of wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes;
s. Any excessive amounts of chlorinated hydrocarbon or organic phosphorus type compounds;
t. Any excessive amounts of deionized water, steam condensate or distilled water;
u. Any excessive quantity of waste containing substances that may precipitate, solidify or become viscous at temperatures between fifty degrees Fahrenheit (50°F) and one hundred degrees Fahrenheit (100°F);
v. Any waste producing excessive discoloration of wastewater or treatment plant effluent;
w. Any garbage or waste that is not ground sufficiently to pass through a three-eighths inch (3/8") screen;
x. Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic or any other objectionable materials toxic to humans, animals, the local environment or to biological or other wastewater treatment processes;
y. Any blow down or bleed water from cooling towers or other evaporative coolers exceeding one-third (1/3) of the makeup water;
z. Any single-pass cooling water;
aa. Any excessive quantities of radioactive material wastes;
bb. Recognizable portions of the human anatomy.
3. No person shall discharge or cause to be discharged to any public sewer which directly or indirectly connects to the city sewerage system any wastes, if in the opinion of the city such wastes may have an adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or may otherwise endanger the public, the local environment or create a public nuisance. The city, in determining the acceptability of specific wastes, shall consider the nature of the waste and the adequacy and nature of the collection, treatment and disposal system available to accept the waste.
4. The city may from time to time prepare a list of the maximum permissible quantities or concentrations of certain constituents in industrial wastewater flows and otherwise issue detailed directions for meeting the requirements of this section.
E. Industrial Wastewater Treatment Surcharge:
1. Annual Charge: An industrial wastewater treatment surcharge shall be paid to the city annually, following the fiscal year in which charges accrue, by those industrial wastewater dischargers whose contribution of flow, chemical oxygen demand, suspended solids, or peak flow create costs in excess of the value of their sewer service charges.
2. Basis Of Charge: The treatment surcharge shall be based on the appropriate city sewerage system's total maintenance, operation and capital expenditures for providing industrial wastewater collection treatment and disposal services as described in subsection F of this section. (1973 Code § 13.36.500)
3. Computation Formula: The annual industrial wastewater treatment surcharge shall be computed by the following formula:
Surcharge = a (V) + b (COD) + c (SS) + dM (P) charge.
Where:
Surcharge = Net annual industrial wastewater treatment surcharge in dollars. No refund will be made if a negative number results;
V = Total annual volume of flow, in millions of gallons;
Charge = The sum of the sewer service charges paid by the discharger in compliance with section 8-1-3 and subsection 8-1-5E of this chapter over the accrual year;
COD = Total annual discharge of chemical oxygen demand, in thousands of pounds;
SS = Total annual discharges of suspended solids, in thousands of pounds;
P = Peak discharge rate over a thirty (30) minute period, occurring between the hours of eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M. and determined by averaging a maximum of ten (10) substantiated peak flow rate measurements of the accrual year in gallons per minute. Values of "P" less than ten (10) gallons per minute shall be considered equal to zero;
A = Average discharge rate, determined by dividing "V" by the total annual hours of operation or working time for the industrial discharger, converted to gallons per minute. (See "M");
a,b,c, & d = Unit charge rates adopted annually by the city based upon the projected annual total costs for wastewater collection, treatment and disposal, in dollars per unit, as described in subsection F of this section;
M = A multiplying factor accounting for increased city costs due to high ratios of industrial discharger peak to average flow rates (P/A). Factor M is currently 1.
(1973 Code § 13.36.500; amd. 2001 Code)
4. Establishment Of Total Flows, COD, Suspended Solids And Peak Flow Rates: The quantities for yearly total flows, COD, suspended solids and peak flow rates used in the above formula may be established by engineering estimation; short term sampling, analysis and flow measurement extrapolated to a yearly total; or by extensive sampling, analysis and flow measurement, all as approved by the city. The city shall set the minimum requirements for sampling, analysis and flow measurement by the discharger necessary to establish quantities to be used in the above formula.
5. Nighttime Discharge: If the industrial discharger elects or is required by the city to discharge the peak rates of industrial flow during the nighttime hours between ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M., the flow discharge shall be made approximately uniform during these ten (10) nighttime hours. Certain industrial dischargers may be prohibited from discharging peak flows during the nighttime hours if these flows would adversely affect city operations. (1973 Code § 13.36.500)
F. Unit Charge Rates For Industrial Wastewater Treatment Surcharge:
1. Established Annually: Unit charge rates "a", "b", "c", and "d" in the industrial wastewater treatment surcharge shall be established annually or at greater intervals if no significant changes occur for the sewerage system by the procedure described herein and shall be adopted by the city.
2. Parameters: For the sewerage system, appropriate unit charge rate parameters for flow, chemical oxygen demand and suspended solids (respectively designated "a" [in dollars per million gallons], "b" [in dollars per 1,000 pounds of COD] and "c" [in dollars per 1,000 pounds of suspended solids]) shall be determined by the following method:
a. Capital Outlay: The total capital outlay for construction of sewerage facilities including debt principal and interest over the next five (5) fiscal years shall be estimated and distributed among the three (3) parameters in accordance with the city determination of the percentage of the total existing capital facilities of the sewerage system predominantly related to each parameter.
b. Operation And Maintenance: The total operation and maintenance costs of the system shall be estimated for the next five (5) fiscal years and distributed among the three (3) parameters in accordance with the city determination as to which charges are predominantly related to each parameter.
c. Total Capital Costs And Operation And Maintenance: The sum of the capital costs and operation and maintenance costs determined for each parameter in subsections F2a and F2b of this section shall be divided by the projected five (5) year total volume of wastewater and weight of COD and suspended solids to be treated by the sewerage system in order to obtain the unit charge rates "a", "b", and "c" for the system.
3. Peak Flow Rate: For the sewerage system, the unit charge rate related to peak flow rate and designated "d" (in dollars per gallon per minute of peak flow) shall be determined by the following method:
a. The total nondepreciated value of the historic capital investment in the system shall be divided by the total peak hydraulic capacity of all treatment facilities in the system to determine a unit cost per million gallons per day of peak flow capacity.
b. The unit cost determined in subsection F3a of this section shall be amortized over thirty (30) years at six percent (6%) interest and converted to a gallon per minute basis to obtain the unit charge rate "d". (1973 Code § 13.36.510)
G. Annual Treatability Charge: An annual treatability charge as listed on the city of Yerington fee schedule shall be paid by those industrial dischargers having wastes of such a character as to impose unusual operation and maintenance or capital costs upon the city which are unrelated to total peak flow volume, chemical oxygen demand, suspended solids, or peak flow rates. Such charges shall be reasonably calculated to defray costs attributable to such wastes. (Ord. 03-11, 1-12-2004)
H. Pretreatment:
1. Systems Or Devices: An industrial wastewater pretreatment system or device may be required by the city to treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents, to distribute more equally over a longer time period any peak discharges of industrial wastewaters, or to accomplish any pretreatment result required by the city. All pretreatment systems or devices shall be approved by the city but such approval shall not absolve the industrial effluent limitation required by the city. In special cases, the city may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific city trunk sewer. All pretreatment systems judged by the city to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state.
2. When Required: Pretreatment of industrial wastewaters shall be required pursuant to section 307(b) of the federal water pollution control act amendments of 1972 where mandatory by the regulations on pretreatment standards for incompatible pollutants discharged into a public sewer system published by the environmental protection agency. Said pretreatment shall be consistent with the effluent limitation guidelines published by the environmental protection agency pursuant to section 301(b) and 304(b) of said federal water pollution control act. (1973 Code § 13.36.530)
I. Sampling, Analysis And Flow Measurements:
1. Periodic Measurements: Periodic measurements of flow rates, flow volumes, COD and suspended solids for use in determining the annual industrial wastewater treatment surcharge and such measurements of other constituents believed necessary by the city shall be made by all industrial wastewater dischargers, unless specifically relieved of such obligation by the city. All sampling, analyses and flow measurements of industrial wastewaters shall be performed by an independent laboratory, by a laboratory of an industrial discharger approved by the city or by personnel of the city or hired by the city. If performed by city personnel, an appropriate charge shall be paid by the discharger requesting the tests. Prior to submittal to the city of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under the penalty of perjury.
2. Procedure For Analyses: All wastewater analyses shall be conducted in accordance with the appropriate procedure contained in standard methods. If no appropriate procedure is contained therein, the standard procedure of the industry or a procedure judged satisfactory by the city shall be used to measure wastewater constituents. Any independent laboratory or discharger performing tests shall furnish and require test data or information on the test methods or equipment used, if requested to do so by the city.
3. Control Manhole Or Similar Device: All dischargers making periodic measurements shall furnish and install a control manhole or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the city and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the city. In lieu of wastewater flow measurement, the city may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge.
4. Subject To Inspection: The sampling, analysis and flow measurement procedures, equipment and results shall be subject at any time to inspection by the city. Sampling and flow measurement facilities shall be such as to provide safe access to authorized personnel.
5. Minimum Requirements: Those industrial wastewater dischargers required by the city to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. The minimum requirement for such periodic measurements shall be at least one 24-hour measurement per year. Representative samples of the industrial wastewater shall be obtained at least once per hour over the twenty four (24) hour period, properly refrigerated, composited according to measured flow rates during the twenty four (24) hours and analyzed for the specified wastewater constituents. Dischargers required to sample on only a few days per year shall sample during the periods of highest wastewater flow and wastewater constituent discharges. Industrial plants with large fluctuations in quantity or quality of wastewater may be required to provide continuous sampling and analysis for every working day. When required by the city, dischargers shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment.
6. Verification Of Quantities: Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the city. (1973 Code § 13.36.540)
J. Discrepancies Between Actual And Reported Quantities:
1. Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate, or a quantity of flow, chemical oxygen demand or suspended solids significantly in excess of that stated on the industrial wastewater permit or in excess of the quantities reported to the city by the discharger and upon which the industrial wastewater treatment surcharge is based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges together with any penalty and interest. Before these charges shall be assessed at least two (2) additional twenty four (24) hour samples and flow measurements shall be obtained by the city with all costs of sampling and analysis to be paid by the discharger.
2. For the purpose of establishing the correct treatment surcharge, the data obtained in these samplings along with any other relevant information obtained by the city or presented by the discharger, shall be used by the city in determining the quantity parameters for use in the surcharge formula. An industrial discharger found in violation shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three (3) years or subsequent to the previous city verification of quantity parameters, whichever period is shorter. (1973 Code § 13.36.550)
K. Suspension:
1. Power To Suspend: The city may suspend a permit for industrial wastewater discharge for a period of not to exceed forty five (45) days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment, or to the city sewerage system.
2. Notice Of Suspension; Failure To Comply: Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the city shall take such steps as are reasonably necessary to ensure compliance.
3. Request For Hearing: Any suspended discharger may file with the city a request for a hearing in which event the city council shall meet within fourteen (14) days of the receipt by the city of such request.
4. Hearing: The council shall hold a hearing on the suspension and shall either confirm or revoke the action of the city. Reasonable notice of the hearing shall be given to the suspended discharger. At this hearing, the suspended discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf.
5. Stay Of Suspension: In the event that the council fails to meet within the time set forth above or fails to make a determination within a reasonable time after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the city.
6. Reinstatement: The city shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the city. (1973 Code § 13.36.470)
L. Revocation:
1. Power To Revoke: The city may revoke a permit for industrial wastewater discharge upon a finding that the discharger has violated any provision of this chapter.
2. Hearing; Notice: No revocation shall be ordered until a hearing on the question has been held by the city council. At this hearing, the discharger may appear personally or through counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the discharger at least fifteen (15) days prior to the date of hearing.
3. Cease Use: Any discharger whose industrial wastewater permit has been revoked shall immediately stop all discharge of any liquid carried wastes covered by the permit to any public sewer that is tributary to a sewer or sewerage system of the city. The city may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked if such action is necessary to ensure compliance with the order of revocation.
4. Reapplication: Before any further discharge of industrial wastewater may be made by the discharger, he must apply for a new city permit for industrial wastewater discharge, pay all charges that would be required upon initial application together with all delinquent fees, charges and penalties and such other sums as the discharger may owe to the city. Costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge. (1973 Code § 13.36.480)