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(A) Purpose and policy.
(1) This chapter sets forth uniform requirements for users of the publicly owned treatment works for the city and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. §§ 1251, et seq.) and the General Pretreatment Regulations (40 CFR Part 403).
(2) The objectives of this chapter are:
(a) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with operation of the system;
(b) To prevent the introduction of pollutants into the municipal wastewater system that will pass through the system, inadequately treated, into receiving waters, or otherwise be incompatible with the system;
(c) To protect both municipal wastewater system personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(d) To promote reuse and recycling of industrial wastewater and sludge from the municipal wastewater system; and
(e) To enable the city to comply with its Arizona Pollutant Discharge Elimination System (AZPDES) permit conditions, Aquifer Protection Permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.
(3) This chapter shall apply to all users of the publicly owned treatment works. The chapter:
(a) Authorizes the issuance of individual and/or general wastewater discharge permits;
(b) Provides for monitoring, compliance, and enforcement activities;
(c) Establishes administrative review procedures;
(d) Requires user reporting; and
(e) Provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(B) Administration. Except as otherwise provided herein, the Director of Utilities Department shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Director of Utilities may be delegated to a duly authorized city employee.
(C) Abbreviations. The following abbreviations, when used in this chapter, shall have the designated meanings:
ADEQ. Arizona Department of Environmental Quality.
AZPDES. Arizona Pollutant Discharge Elimination System.
BMP. Best management practice.
BMR. Baseline monitoring report.
BOD. Biochemical oxygen demand.
CFR. Code of Federal Regulations.
CIU. Categorical industrial user.
COD. Chemical oxygen demand.
EPA. U.S. Environmental Protection Agency.
FOG. Fats, oils, and grease.
gpd. Gallons per day.
IU. Industrial user.
mg/l. Milligrams per liter.
NPDES. National pollutant discharge elimination system.
NSCIU. Non-significant categorical industrial user.
O&M. Operation and maintenance.
POTW. Publicly owned treatment works.
RCRA. Resource Conservation and Recovery Act.
SIU. Significant industrial user.
SNC. Significant noncompliance.
TDS. Total dissolved solids.
TSS. Total suspended solids.
U.S.C. United States Code.
(D) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The Arizona Department of Environmental Quality.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER.
(a) If the user is a corporation:
1. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
2. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
(c) If the user is a federal, state, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(d) The individuals described in subsections (a) through (c), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
BASELINE MONITORING REPORT. A report submitted by industrial users within 180 days after the effective date of an applicable standard which indicates the compliance status of the user with the standard.
BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b), as amended. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Celsius, usually expressed in milligrams per liter (mg/l) by weight.
BYPASS. The intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical pretreatment standard or categorical standard.
CHEMICAL OXYGEN DEMAND or COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
CITY. The City of Yuma, Arizona.
COMBINED WASTESTREAM FORMULA. Procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream from a categorical industrial user is combined with other wastestreams prior to treatment.
CONTROL AUTHORITY. The City.
DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DIRECTOR OF UTILITIES. The director of the Utilities Department of the City of Yuma, Arizona or and authorized representative designated by that office.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
EXISTING SOURCE. Any source of discharge that is not a “new source.”
FATS, OILS, AND GREASES (FOG). Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances may solidify or become viscous at temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit (0 degrees-65 degrees Celsius) and may be referred to as FOG. Commonly these substances are byproducts generated by the practice of cooking or preparing food.
GRAB SAMPLE. A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
GREASE INTERCEPTOR. Outdoor or underground interceptors are grease retention units of the outdoor or underground type and normally consist of a minimum 500-gallon capacity or more but no greater than 2,000 gallons.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source.
INSTANTANEOUS LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city’s AZPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under, or any more stringent state or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
LOCAL LIMIT. Specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b), as amended.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
MONTHLY AVERAGE. The sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
MONTHLY AVERAGE LIMIT. The highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
(a) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(b) Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (a)2. or 3. above but otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous onsite construction program;
a. Any placement, assembly, or installation of facilities or equipment; or
b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.
NON-CONTACT COOLING WATER. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s AZPDES permit, including an increase in the magnitude or duration of a violation.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 191-02(A).
PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works, as defined by section 212 of the Act (33 U.S.C. § 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.).
SIGNIFICANT INDUSTRIAL USER (SIU). Except as provided in subsections (c) and (d) of this definition, a significant industrial user is:
(a) An industrial user subject to categorical pretreatment standards; or
(b) An industrial user that:
1. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow-down wastewater);
2. Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(c) The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blow-down wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
1. The industrial user, prior to city’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
2. The industrial user annually submits the certification statement required in § 191-06(D)(2) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
3. The industrial user never discharges any untreated concentrated wastewater.
(d) Upon a finding that a user meeting the criteria in subsection (b) of this part has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG LOAD or SLUG DISCHARGE. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 191-02(A). A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
TOTAL SUSPENDED SOLID or SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
USER or INDUSTRIAL USER. A source of indirect discharge.
WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. O2019-007, passed 2-6-2019)